Dear Atty. Angela,

A case was filed against me to claim a sum of money for a fake loan that I allegedly obtained from a bank. It appears that an Agreement was signed and forged by someone else using my name and was able to have it notarized. This was used to obtain a loan under my identity and now the bank is running after me even when I never signed any Agreement nor appeared before a notary public. Does this document have a legal bind on me?

Megan

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Dear Megan,

No, the Agreement presented was questionable and you cannot be bound by it.

In the recent case of Interbrand Logistics and Distribution Inc. et al. v. Bank of Commerce, G.R. No. 264110 (2025), the Supreme Court emphasized that notarization does not cure a forged or fabricated document.

“[A]lthough the notarization of the subject CSA carries with it the presumption of regularity, it is not the intention nor the function of the notary public to validate and make it binding when such CSA, in the first place, was never intended to have any binding legal effect upon Chua.”

In this case, Chua successfully challenged the validity of the Agreement. He denied signing the document or appearing before a notary. He held no position or interest in Company that took a loan, and the Bank had no specimen of his signature to verify the Agreement. Additionally, it raised serious doubts on its authenticity when the bank Agreements were supposedly signed on the same day in different locations with identical witnesses. The notary public who supposedly notarized the Agreement was also never presented in court.

Notarization essentially converts a private document into a public document, giving it legal validity and authenticity. It also carries a presumption of regularity where the court assumes the document was executed properly. However, a forged or fabricated document remains void and unenforceable, even if notarized.

Atty. Angela Antonio