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Problem Areas in

Legal Ethics Group


Work
Li, Celia Marie Kimberly
Paculba, John Philip
Sanoria, Irene
Tejana, Ritchie
Tidoso, Philip

3/10/2016
Table of Contents

Acknowledgment --------------------------------2

Affirmation/Oath --------------------------------3

Copy Certification --------------------------------4

Jurat --------------------------------5

Signature Witnessing -------------------------------6

Signature of Notary Public in -----------------------7

Behalf of a Person Not Able to

Sign or Mark

Signature by Thumbmark --------------------------8

Petition for the Grant of ---------------------------9

Notarial Commission

10 Instances/Situations of Violations -------------15

of the Rules on Notarial Practice

Complaint against the Notary Public --------------18

1
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU ) SS.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the City of Cebu this
March 7, 2016 personally appeared Juan Dela Cruz with
Passport bearing the number EB123456 issued on March 25,
2014 at Cebu City.

Known to me and to me known to be the same person who


executed the foregoing instrument, and he acknowledged to
me that the same is his free and voluntary act and deed.

This Instrument consists of only three (3) pages, including


this page in which this Acknowledgement is written, duly
signed by Juan Dela Cruz and his instrumental witnesses on
each and every page hereof.

WITNESS MY HAND AND SEAL this March 7, 2016 at City of


Cebu, Philippines.

(sgd)

Atty.Jose Abad Santos

NOTARY PUBLIC

Notarial Commision No. 12345

Cebu City, December 31, 2016

2
Roll of Attorney No. 678901

PTR No. 1234, January 5, 2016

IBP No. 123456

MCLE COMPLIANCE NO. IV-002169

Doc. No. 1;

Page No. 1;

Book No. 1;

Series of 2016

3
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU ) S.S.

AFFIRMATION OR OATH

Before me, this March 7, 2016 in the City of Cebu,


personally appeared Juan Dela Cruz who is known to me
through her competent form of identity consisting of her TIN
123-456-789-000 issued at Cebu City and to be avowed
under the penalty of law to the whole truth of the contents
of this instrument.

Witness my hand and seal, at the place and on the date


above written.

(sgd)

Atty.Jose Abad Santos

NOTARY PUBLIC

Notarial Commision No. 12345

Cebu City, December 31, 2016

Roll of Attorney No. 678901

PTR No. 1234, January 5, 2016

IBP No. 123456

MCLE COMPLIANCE NO. IV-002169

4
Doc. No. 1;

Page No. 1;

Book No. 1;

Series of 2016

Republic of the Philippines)

City of Cebu ) S.S.

COPY CERTIFICATION

This is to certify that I was presented with a Memorandum of


Agreement which is neither a vital record, a public record,
nor publicly recordable; that I copied/supervised the copying
of the instrument; and that I compared the copied
instrument with the original copy and I hereby certify that
the copy is accurate and complete.

Done this March 7, 2016 at the City of Cebu.

(sgd)

Atty.Jose Abad Santos

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NOTARY PUBLIC

Notarial Commision No. 12345

Cebu City, December 31, 2016

Roll of Attorney No. 678901

PTR No. 1234, January 5, 2016

IBP No. 123456

MCLE COMPLIANCE NO. IV-002169

Doc. No. 1;

Page No. 1;

Book No. 1;

Series of 2016

JURAT

SUBSCRIBED AND SWORN TO BEFORE ME by Juan Dela


Cruz, who is personally known to me and presented his
passport with number EB123456 issued on January 10, 2014
at Cebu City, Philippines, and who is the same person who
personally signed before me the foregoing affidavit and
acknowledged that he executed to me.

Witness my hand and seal, at the place and on the date


above written.

6
(sgd)

Atty.Jose Abad Santos

NOTARY PUBLIC

Notarial Commision No. 12345

Cebu City, December 31, 2016

Roll of Attorney No. 678901

PTR No. 1234, January 5, 2016

IBP No. 123456

MCLE COMPLIANCE NO. IV-002169

Doc. No. 1;

Page No. 1;

Book No. 1;

Series of 2016

7
SIGNATURE WITNESSING

BEFORE ME, a Notary Public in and for the City of Cebu, this
March 7, 2016, personally appeared Juan Dela Cruz who
presented to me a Deed of Sale which he voluntarily signed
in my presence.

WITNESS MY HAND AND SEAL this March 7, 2016 at Cebu


City.

(sgd)

Atty.Jose Abad Santos

NOTARY PUBLIC

Notarial Commision No. 12345

Cebu City, December 31, 2016

Roll of Attorney No. 678901

PTR No. 1234, January 5, 2016

IBP No. 123456

MCLE COMPLIANCE NO. IV-002169

8
Doc. No. 1;

Page No. 1;

Book No. 1;

Series of 2016

Signature of Notary Public in Behalf of a Person Not


Able to Sign or Mark

(sgd)
Jose Abad Santos
Signature affixed by notary in the presence of Clark Reid and
Leah Lustre, both a resident Mabolo, Cebu City.

(sgd) (sgd)
Clark Reid Leah Lustre
TIN: 123-456-456-000 TIN: 789-456-123-000

SUBSCRIBED AND SWORN TO BEFORE ME by Juan Dela


Cruz, who presented to me his Passport with number
EB123456 issued on January 10, 2014, and who is the same
person who is unable to sign or make a mark, and has
directed the hereunder signing notary to sign in his behalf,
before me the foregoing affidavit and acknowledged that he
executed to me.

(sgd)

Atty.Jose Abad Santos

NOTARY PUBLIC

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Notarial Commision No. 12345

Cebu City, December 31, 2016

Roll of Attorney No. 678901

PTR No. 1234, January 5, 2016

IBP No. 123456

MCLE COMPLIANCE NO. IV-002169

Doc. No. 1;

Page No. 1;

Book No. 1;

Series of 2016

SIGNATURE BY THUMBMARK

Juan Dela Cruz

(sgd) (sgd)
Clark Reid Leah Lustre
TIN: 123-456-456-000 TIN: 789-456-123-000

Thumb mark affixed by Juan Dela Cruz in the presence of


Clark Reid and Leah Lustre, both a resident of Cebu City,
and the undersigned Notary Public.
SUBSCRIBED AND SWORN TO BEFORE ME by Juan Dela
Cruz, who presented to me his Passport with number
EB123456 issued on January 10, 2014, and who is the same

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person who personally made the thumb mark before me the
foregoing affidavit and acknowledged that he executed to
me.

(sgd)

Atty.Jose Abad Santos

NOTARY PUBLIC

Notarial Commision No. 12345

Cebu City, December 31, 2016

Roll of Attorney No. 678901

PTR No. 1234, January 5, 2016

IBP No. 123456

MCLE COMPLIANCE NO. IV-002169

Doc. No. 1;

Page No. 1;

Book No. 1;

Series of 2016

Republic of the Philippines


REGIONAL TRIAL COURT OF CEBU
7th Judicial Region
OFFICE OF THE EXECUTIVE JUDGE
Cebu City

IN THE MATTER OF THE


PETITION FOR NOTARIAL COMMISSION
FOR THE CITY OF CEBU
AND CITIES/MUNICIPALITIES
OF THE PROVINCE OF CEBU UNDER THE

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TERRITORIAL JURISDICTION OF THIS
HONORABLE COURT

Application No. :
__________

JOHN PHILIP S. PACULBA


Petitioner.
x----------------------------------------x

PETITION

PETITIONER, JOHN PHILIP S. PACULBA to this Honorable


Court, most respectfully files this petition/application for
Notarial Commission for the province and in the City of
Cebu, for a term commencing on Jan. 1, 2016 and ending on
Dec. 31, 2016. In support of this petition, he states, that:

1. He possesses the eligibility for commissioning as


Notary Public as shown by his following personal
circumstances:

Nationality : Filipino

Date/ Place of Birth : July 22,1990/ Siquijor Province

Residence : 33 Dapdap St., Mambaling, Cebu City

Telephone No. : 254-8005

PTR Number : 875649 January 6, 2016, Cebu City

Roll of Attorney No. : 36617, April 11, 2015

IBP Number : 567022 Lifetime Cebu City

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2. He has satisfactorily completed the required course
in law at the University of San Carlos, Cebu City on April 10,
2014; passed the Bar Examinations of September, 2014 and
admitted to the practice of law in April 11, 2015; A
photocopy of Petitioners Certificate of Membership in the
Philippine Bar issued by the Office of the Bar Confidant is
attached as Annex A of this petition; He holds office at the
following address:

PCS LAW OFFICE


21-F Don Pedro Rodriguez St.,
Capitol Site, Cebu City 6000
Philippines

3. That he is a resident of the Philippines since birth;

4. He has not been convicted, much less, charged with


any offense involving moral turpitude;

5. He is a member of good standing of the Philippine


Bar as shown by the following certification:

a. Certification of No Pending Administrative Case


issued by the Bar Confidants Office of the Supreme
Court, Manila (Annex B),
b. Certification of No Criminal Case filed against her
issued by the Office of the Clerk of Court, Regional
Trial Court, Cebu City (Annex C).
c. Certification as a Member of Good Standing issued
by the IBP-Cebu Province Chapter (Annex D).

6. Three (3) passport sized colored photographs with


light background and corresponding signatures at the
bottom, taken not more than 30 days prior to the filing of
this petition are attached in this petition;

7. He has not applied for nor was he issued a


Commission as a Notary Public in any other jurisdiction for
the current year;

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Attached hereto is a separate sheet of paper and forms
part of this petition containing three (3) specimens of
petitioners signature.

8. Petitioner will submit all his notarial books and


acknowledged documents after the expiration of his notarial
commission as provided for by law;

9. Petitioner possesses all the qualifications and none of


the disqualifications for the office of Notary Public and have
read, understood and is willing to abide with the 2004 Rules
on Notarial Practice;

10. Petitioner is attaching as Annex E, a facsimile of


his notarial seal prepared in accordance with Sec.2, Rule VII
of the 2004 Rules on Notarial Practice for approval of this
Honorable Court, together with three (3) specimens of his
official signature;

11. He undertakes to submit or report to the Office of


the Clerk of Court copies of all deeds notarized by him.

WHEREFORE, it is most respectfully prayed that:

A certificate of authorization to purchase notarial seal


as provided under Sec. 9, Rule III of the 2004 Rules of
Notarial Practice, and certificate of authority for a Notarial
Act as provided under Sec. 1, Rule IX of the same Rules be
issued in favor of the petitioner; and;

SUBMITTED. Dec. 2, 2015, Cebu City, Philippines.

ATTY. JOHN PHILIP S. PACULBA


Petitioner
PCS LAW OFFICE
21-F Don Pedro Rodriguez St.,
Capitol Site, Cebu City, Philippines

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Roll No. 36617
MCLE Compliance No.: III-0007418
PTR No 875649 January 6, 2016,
Cebu City
IBP No. 567022 Lifetime
Cebu Province

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VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, JOHN PHILIP S. PACULBA, Filipino, of legal age, single


and a resident of 33 Dapdap St., Mambaling, Cebu City,
after being duly sworn to in accordance with law hereby
state:

1. That I am the petitioner of the above instant case;

2. That I have caused the preparation of the above-


entitled petition;

3. That I have read the same and that it is true and


correct based on my personal knowledge or based on
authentic records;

4. That I hereby certify under oath in this petition as


follows:

a. I have not theretofore commenced any action or filed


any action or claim involving the same issue in any
court, tribunal or quasi-judicial agency and, to the best
of my knowledge, no such other pending action or
claim is pending therein;

b. If there is such other pending action or claim, a


complete statement of the present status thereof; and

c. If I should thereafter learn that the same or similar


action or claim has been filed or is pending, I shall report
that fact within five (5) days therefrom to the court
wherein the aforesaid complaint or initiatory pleading has
been filed.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 2nd day of December 2015, Cebu City,
Philippines.

ATTY. JOHN PHILIP S. PACULBA


Passport No.:11385970
Issued on Jan. 4, 2016
Issued at Cebu City

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SUSBCRIBED AND SWORN TO before me, a notary in
the Province and City of Cebu, personally appeared above-
named with his Passport Number as shown above, who is
personally known to me to be the same and/or identified
through competent evidence of identity as defined by Rules
on Notarial Practice, who presented the foregoing instrument
and signed the instrument in my presence, and who took an
oath before me as to such instrument.

Witness my hand and seal this Dec. 2, 2015.

Doc. No. 1;
Page No. 1;
Book no. 1;
Series of 2015

PETITIONER JOHN PHILIP S. PACULBA


SPECIMEN SIGNATURE

__________________________

__________________________

___________________________

THREE PASSPORT SIZE COLOR PHOTOGRAPHS


SIGNED AT THE BOTTOM BY PETITIONER

Situations or instances of violations of the rules on Notarial Practice.

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1.) Mr. X, a notary public commissioned in the RTC of Cebu as such, went to
Bantayan Island, north part of the island of Cebu, for a short vacation with his
family. While in the resort where they stayed for their vacation, he met a group of
businessmen on their business trip. The businessmen were trying to close a deal
over the purchase of a beach lot, upon reaching to an agreement with the seller the
businessmen wanted to immediately execute the Deed of Sale over the lot to seal
the deal. Upon finding out that Mr. X was a lawyer, they approached Mr. X, who
was relaxing by the beach, and asked him if he could make the Deed for them,
Mr. X, a very accommodating lawyer, took his laptop and started to draft the
Deed. Upon completion he even notarized the said Deed.
Reason for violation: Under the Rules on Notarial Practice, a notary public shall not
perform a notarial act outside his territorial jurisdiction. Bantayan Island was far from
within his territorial jurisdiction, which is co-extensive with the territorial jurisdiction
of the RTC of Cebu City.

2.) Mr. X, a notary public, was approached by a good friend, Mr. Y, in the formers
office. Mr. Y was bringing with him a Deed of Donation allegedly executed by his
(Mr. Y) father donating the latters 10 hectares land to Mr. Y. Mr. Y brought the
Deed to Mr. X for the latter to notarize, and requested Mr. X to notarize it
notwithstanding the fact that Mr. Ys father could not be present during the
notarization.
Reason for violation: The Rules on Notarial Practice requires a notary public to
perform a notarial act if and only if it is done in the presence of the signing parties on
the Deed.

3.) A notary public notarized a Deed of Sale of two individuals, not personally known
to the notary public, who went to his office claiming to have executed the Deed
they were bringing with them. The individuals claimed to have failed to bring any
competent identification cards, hence requested the notary public to forgo such
requirement besides they appeared before the said notary public, the latter
conceded to such request and notarized the Deed.
Reason for violation: Section 2 of the Rules on Notarial Practice requires that the
persons whos act is to be subjected to the notarial act, and who are not personally
known to the notary public, to present a competent identification card to the Notary
public before the latter performs the notarial act. In this case, the Notary Public
unwarrantedly dispensed with such requirement.

4.) Based on the situation in number 3, the notary public in fact insisted for proof of
identity. Since the two men had no choice, they presented their Community Tax
Certificates (CTC), which the notary public accepted and proceeded with the
notarization.
Reason for violation: Jurisprudence and current Rules already exclude CTC as one
of the competent proof of identity for purposes of notarization.

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5.) Mr. X, a notary public commissioned in a territorial jurisdiction that includes
Lapu-lapu City, Cebu. Mr. X had prepared for a retained client an affidavit for the
latters signature. Unfortunately, the client was on his way to the airport to have a
month long vacation in the Bahamas, so the notary public suggested that he would
just meet the client in the airport before his flight abroad. The lawyer went to the
airport, bringing with him all he needed to perform the notarial act, and had the
signing and notarization in the Mactan International Airport.
Reason for violation: The Rules require, as strict interpretation thereof, that no
notary public should perform a notarial act outside his regular place of work or
business. The only exception to this is when it is done elsewhere, also enumerated
under the Rules, upon the request of the parties. In this situation, there was no request
of the party signing the affidavit, in fact, it was the notary publics idea to have the
document be signed elsewhere.

6.) Mr. X, a notary public, purchased a house and lot, for 60 million pesos, to be his
new residence in Maria Luisa, Banilad, Cebu City. Knowing that under the IBP
rules that notary publics are to charge 1% of the consideration as notarization fee
and unwilling to pay such amount to another notary public, he opted to notarize
the bilateral Deed of Sale over the aforesaid house and lot signed by the seller and
him, as the buyer.
Reason for violation: A notary public is disqualified under the rules to perform
notarial acts that he himself is a party to. In this case, the notary public is the
purchaser of the house and lot who signed on the bilateral deed of sale, and hence
would disqualify him to notarize the same.

7.) Mr. X, a notary public, felt a dive in his income in recent months. Being the bread
winner of a brood of 12, he decided to take the Real Estate Brokers Exam, which
is said to be the last exam where there is no required bachelors degree imposed
on the takers. Lawyer as he is, having studied and mastered many topics covered
by the Exam, he topped the Exam. He became a sought after Real Estate Broker,
closing multi-million deals with real estate corporations, and receiving millions in
commission in every deal he closes. Since he never lost the love for the practice
of law, he is also the one who prepares and notarizes the Deeds of Absolute Sale
on the deals he closes in his practice as a real estate broker. According to him, he
offers the preparation and notarization of the Deeds as a package included in the
commissions he gets as a broker, and that is one of his edge over other non-lawyer
brokers.
Reason for violation: The rules explicitly disqualify notaries public to notarize a
document where he derives directly or indirectly any commission or fee. In this case, the
notary public even boasts the fact that it is part of his package as a real estate broker who
collects substantial amount of commission.

8.) Mr. X, a notary public, is so in love with his wife that he promised her, on the day
of their wedding and every day of their married lives, that he would do anything
for her, up to the extent even if it would cost him his life. Thats how much love
Mr. X has for his wife. The wife, with four of her siblings and having inherited
from their parents hectares of land, and having her undivided share falling within

19
her exclusive property, decided to sell this land to a willing buyer for 200 million
pesos. Since the siblings of the wife did not want to pay a lawyer notarization fee
considering also the huge consideration of the sale, asked the wife to have Mr. X
draft and notarize the Deed of Sale. The wife now urging Mr. X, who initially
refused to notarize the documents, invoked the promise the latter professed on the
altar on the day of their wedding. Mr. X being pushed against the wall had no
choice but to give to his beloved wifes plea, and finally notarized the deed of
sale.
Reason for violation: The rule is apathetic to the situation above cited for the Rule
explicitly disqualifies notaries public in the notarization of deeds where one of the
parties is the notaries publics spouse.

9.) Mr. TJ, a notary public, was approached by two of his best friends who brought
with them two Deeds of Sale purporting to sale one and the same parcel of land.
The only difference between the two Deeds is that the other is of lesser
consideration, which is not true since the Deed with higher consideration reflects
the real agreement between the parties. The two best friends of TJ asked him to
just notarize the Deed with lesser consideration because it will be the Deed they
will to present to the BIR for the payment of Capital Gains tax. This is for them to
be able to save on the taxes. Giving in to the requests of his best friends, who both
apparently saved his life back when they were still kids, notarized the Deed they
requested him to notarize.
Reason for violation: The Rule prohibits notaries public to perform any notarial act
over deeds that the notary public has good reason to believe is illegal. In this case,
there is certainty as to the illegality of the transaction and not just mere reason to
believe. The notary public, Mr. TJ, should have precluded himself from being part of
such illegal transaction tax evasion.

10.) Ms. Kim, a notary public, was approached in her office by Doa Ayreen Sanorya,
reportedly to be the owner of almost half of the island of Mactan Island in the
province of Cebu, and thats not to mention all other islands they own all over the
archipelago. Doa Ayreen is yet to be the biggest client of Ms. Kim. During the
said visit Doa Ayreen brought with her an unsigned Special Power of Attorney
which states that a person, whose name is left blank, assigns and appoints Doa
Ayreen as his attorney-in- fact in the absence of the former. Ms. Kim noticed the
incomplete SPA but shrugged it off when Doa Ayreen offered as payment one of
their islands near Aklan, just beside Boracay. With such offer Doa Ayreen also
promised Ms. Kim to be the retained lawyer of almost about 50 of their
corporations, all of which are included in the Forbes List of the Worlds Top 500
Corporations. Ms. Kim could not say not to such lucrative opportunity and
proceeded with the notarization. Now, Ms. Kim is in the island that was paid to
her by Doa Ayreen relaxing by the white sand beach.
Reason for violation: Under the Rules, the notary public is prohibited from issuing
an incomplete certificate. In this case, there was even no named person that is said to
have executed the SPA. This would apparently result to an incomplete certificate.

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Republic of the Philippines
REGIONAL TRIAL COURT OF CEBU
7th Judicial Region
OFFICE OF THE EXECUTIVE JUDGE
Cebu City

LEAH OLIVAR,
Petitioner,
A.C. No. 14356
-versus- For: Removal as
notary public and/or
Disbarment
CLARK MEDINA,
Respondent,

COMPLAINT

PETITIONER, by the undersigned counsel and to this


Honorable Court, most respectfully states, viz:

THE PARTIES

1. PETITIONER Leah Olivar (hereinafter referred to as


petitioner or Petitioner) is of legal age and resides at 123
Street, Maribago, Lapu-Lapu City where she may be served
with the orders and processes of this Honorable Court.

2. RESPONDENT Clark Medina (hereinafter referred to as


respondent or Respondent) is a practicing attorney duly
admitted to the bar of the Philippines and a notary public
with office address at Law Bldg., Pelaez Corner Sanciangko
St., Cebu City.
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ANTECEDENT FACTS

3. Respondent was a notary public during all the time (2015


and 2016) material to the complaint.

4. On November 27, 2015, a certain Juan Miguel Magtoto


presented to respondent for notarization a document
denominated as Affidavit of Non-Tenancy, supposedly
executed by petitioner.

5. After being assured by Juan Miguel Magtoto that the said


document was personally signed by petitioner and that the
Community Tax Certificate (CTC) appearing therein is owned
by petitioner, respondent in his official capacity as notary
public for the City of Cebu notarized the document in
question on the same date. A copy of the notarized Affidavit
is attached hereto as Annex A.

6. Petitioner was not personally present at the time respondent


notarized the said document as she was in San Francisco,
California, USA as evidenced by her passport and visa
attached hereto as Annex B.

7. Aside from the CTC appearing in the subject document, no


other competent evidence of identity of plaintiff was
presented to respondent during the notarization of the said
document.

8. The act of notarizing the document in question was done in


violation of Section 7 and 8, Rule XI, A.M. No. 02-8-13- SC
(otherwise known as the 2004 Rules on Notarial Practice).

PRAYER
WHEREFORE, premises considered, it is respectfully
prayed of this Honorable Court that respondent Clark Medina
be removed or suspended as a notary public and/or be
removed or suspended from his office as attorney for his
failure to exercise utmost diligence in the performance of his
duties as notary public.

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Cebu City, Philippines, 10 March 2016.

By:

Atty. James Lustre


Counsel for Plaintiff
IBP No. ___2123____
PTR No. ___314-3____
Roll No. ___41073___
MCLE Compliance No. __12451__
Issued on__1/14/16__ at __Cebu City_

VERIFICATION AND CERTIFICATION OF NON-FORUM


SHOPPING

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I, LEAH OLIVAR, of legal age, and residing at 123
Street, Maribago, Lapu-Lapu City, having been duly sworn to
in accordance with law, hereby depose and state that:

1. I am the petitioner in the above-captioned case;


2. I have caused the preparation and filing of the
foregoing complaint against Atty. Clark Medina by my
lawyer;
3. I have read and understood the contents of said
complaint and the same are true and correct of my own
personal knowledge and/or based on true records;
4. I hereby certify that there is no action or claim
involving the same parties or issues, in any court or tribunal,
that is pending therein. If there be such pending action, I
undertake to make a complete statement of the present
status thereof and, if I should thereafter learn that the same
or similar action has been filed or is pending, I shall report
that fact within five (5) days there from.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 10th day of March, 2016, in Cebu City,
Philippines.

(Sgd). LEAH OLIVAR


Affiant
Drivers License No. 12345
Issued on: 12/12/14
Valid until: 12/12/16

SUBSCRIBED AND SWORN TO before me this 10 th day


of March 2016, in Cebu City, Philippines. Affiant has
exhibited to me her competent evidence of identity as listed
below her name.

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(Sgd.) ATTY. DAN B. SAN
Notary Public
Roll No. 4879-08
PTR No. A-123056
IBP No. 824394
Expiry Date: 12/31/16
MCLE Compliance No. V-001234

Doc. No. 451 ;


Page No. 92 ;
Book No. XVII;
Series of 2016.

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