Friday, October 18, 2013

ENTRIES IN OFFICIAL RECORDS MADE IN THE PERFORMANCE OF HIS DUTY BY A PUBLIC OFFICER OF THE PHILIPPINES, OR BY A PERSON IN THE PERFORMANCE OF A DUTY SPECIALLY ENJOINED BY LAW, ARE PRIMA FACIE EVIDENCE OF THE FACTS THEREIN STATED” (Rule 130, Sec. 44, Rules of Court).

     In the herein case, although complainant made it appear that she has evidence to prove that there was anomaly in the notarization of the subject documents, she failed to present the same. An attorney enjoys the legal presumption that he is innocent of the charges preferred against him until the contrary is proved and that as an officer of the court he has performed his duties in accordance with his oath.  The burden of proof rests upon the complainant to overcome the presumption and establish his charges by a clear preponderance of evidence (Rizalina M. Gemina vs. Atty. Isidro Madamba, A.C. No. 6689, August 24, 2011, Brion, J.).

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