National Bureau of Investigation (NBI) Director Jaime Santiago yesterday said the notary public involved in the counter-affidavit of dismissed Bamban, Tarlac Mayor Alice Guo is facing disbarment.
Santiago disclosed that Atty. Elmer Galicia, if found lying about Guo appearing before him and swearing on her counter-affidavit on 14 August, may face a criminal case of perjury.
An administrative case may, likewise, be filed against him that could cost him his license to practice law, Santiago said.
“Possible to rap him with perjury. But administratively as a lawyer, it may cost him his license or suspension if proven that he lied,” Santiago said.
Santiago, a former trial court judge, explained that under the law, the personal appearance of a respondent is required when filing a counter-affidavit because they must swear to it.
“To us the ethics and rule, you must personally appear before me if you want a document to be notarized, not allowed to send it. Kailangan kung ino-notaryo ang isang document dapat mag-appear ang affiant sa abogado,” he said.
The controversy over the notarial service involving Guo’s counter-affidavit emerged after Sen. Risa Hontiveros, in her privilege speech, divulged that the former local official fled the country on 18 July.
Galicia insisted that he met with Guo regarding her counter-affidavit on 14 August.
His notarial office is located in San Jose Del Monte, Bulacan.
“He talked with Alice Guo at the ground floor of his office where a driver's license was presented, and he notarized the CA which was due to be submitted to the DOJ for PI,” Bulacan Provincial Prosecutor Sonny Ocampo previously said.
Caloocan City Prosecutor Darwin Cañete echoed Ocampo’s disclosure and revealed that Galicia mentioned Guo and her entourage stayed in their vehicle during the entire notarization process.
Galicia, feeling “pity” for people in tough spots, didn’t even charge a fee for his services, Cañete said.