Constantino v. People

Summary

This criminal case involved notary public Atty. Bernardo T. Constantino who was charged with falsifying a public document under Article 171(2) of the Revised Penal Code. The prosecution alleged he falsely certified that Dr. Asuncion was present as a witness during the notarization of Severino Cabrales' Last Will and Testament when Dr. Asuncion actually signed after the notarization. The RTC and CA found him guilty, but the Supreme Court reversed and acquitted him. The SC held that since Dr. Asuncion signed after notarization, there was no falsification by the notary public at the time of notarization. The Court emphasized that for a notary public to be found guilty of falsifying a notarial will, the prosecution must prove simulation of signatures to make it appear that parties participated when they did not. While acquitted criminally, the Court noted potential administrative liability for notarizing incomplete documents and referred the matter to the Office of the Bar Confidant.