Under Philippine law, the scenario you’ve described involves several legal principles related to notarization, special powers of attorney (SPAs), and crimes such as falsification of public documents. Let’s break this down step-by-step based on relevant laws and jurisprudence:
Key Legal Framework
1. **Notarization Requirements**
Under the *2004 Rules on Notarial Practice* (A.M. No. 02-8-13-SC), a notary public must require the personal presence of the affiant (the principal) when notarizing a document, such as an SPA. The notary must verify the identity of the affiant and ensure that the signature is affixed in their presence, unless an exception applies. Failure to comply with this requirement may render the notarization defective or irregular.
2. **Falsification of Public Document (Revised Penal Code, Article 171 and 172)**
Falsification of a public document occurs when a person alters or fabricates a document that has legal significance (e.g., a notarized SPA) with intent to cause damage or prejudice. For criminal liability to attach, there must be:
- A false statement or alteration in the document.
- Intent to falsify (dolo or criminal intent).
- Use of the falsified document to the prejudice of another.
3. **Use and Possession of Falsified Document**
Under Article 172 of the Revised Penal Code, knowingly using or possessing a falsified public document can also result in criminal liability, provided the user is aware of the falsification and intends to benefit from or cause harm through its use.
4. **Validity of the SPA**
The Civil Code of the Philippines (Articles 1869-1910) governs agency, including SPAs. An SPA is valid if it meets the formal requirements (e.g., in writing for certain acts under Article 1878) and reflects the true intent of the principal. Notarization adds a layer of authenticity but does not inherently validate an otherwise defective agency relationship.
Analysis of the Scenario
- **Principal’s Knowledge and Consent**: If the principal knowingly and voluntarily signed the SPA and consented to its notarization (despite not being physically present before the notary), the document reflects the principal’s true intent. In this case, the SPA itself is not necessarily "false" in substance—it accurately represents the principal’s delegation of authority. The defect lies in the notarization process, not the content of the document.
- **Notary’s Role**: The notary public’s failure to require the principal’s personal presence violates the Rules on Notarial Practice. This irregularity could expose the notary to administrative sanctions (e.g., revocation of commission) but does not automatically render the SPA a "falsified" document under criminal law unless there was fraudulent intent behind the act.
- **Attorney-in-Fact’s Use**: The attorney-in-fact, acting under the SPA, relies on the document as presented. If the attorney-in-fact had no knowledge of the irregularity in notarization and acted in good faith within the scope of authority granted by the principal, they would not typically be liable for falsification. Criminal liability requires intent to deceive or knowledge of falsity, neither of which seems present based on the facts provided.
Criminal Liability
1. **Falsification of Public Document (Article 171)**
For the attorney-in-fact to be liable, it must be proven that they:
- Participated in falsifying the SPA (e.g., forged the principal’s signature or conspired with the notary), or
- Knew the document was falsified and used it with intent to deceive.
In your scenario, the principal signed the document with full knowledge and consent, so the content is not false. The irregularity in notarization does not equate to falsification unless fraudulent intent is established.
2. **Use and Possession of Falsified Document (Article 172)**
If the SPA is deemed falsified due to the improper notarization, the attorney-in-fact could theoretically be charged if they knowingly used a defective document to perpetrate fraud or cause damage. However, if they acted in good faith, believing the SPA to be valid (especially since it was notarized and signed by the principal), criminal intent would be lacking, negating liability.
Jurisprudence
- In *People v. Uy* (G.R. No. 157399, November 17, 2005), the Supreme Court emphasized that falsification requires a showing of intent to falsify or deceive, not merely procedural irregularities.
- In *Cruz v. Sandiganbayan* (G.R. No. 161916, March 28, 2006), the Court held that good faith is a defense against charges of falsification or use of falsified documents.
Conclusion
Based on the facts provided:
- The attorney-in-fact is unlikely to be criminally liable for falsification of a public document or use/possession of a falsified document if they acted in good faith and within the scope of the SPA, and if the principal’s signature and consent are genuine.
- The irregularity in notarization (lack of personal presence) might render the SPA defective in form, potentially affecting its enforceability in a civil transaction, but it does not automatically make it a falsified document under criminal law absent fraudulent intent.
- The notary public, however, could face administrative liability for violating notarization rules.
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April 10, 2025
