Notarization Requirements for Evidence in NBI Complaints

Introduction

In the Philippine legal system, the National Bureau of Investigation (NBI) serves as a key agency under the Department of Justice (DOJ) responsible for investigating serious crimes, gathering evidence, and assisting in the prosecution of offenders. When individuals or entities file complaints with the NBI, the submission of evidence is crucial to substantiate allegations and initiate formal investigations. Notarization plays a pivotal role in this process, as it ensures the authenticity, veracity, and admissibility of documentary evidence and sworn statements. This article comprehensively explores the notarization requirements for evidence in NBI complaints, drawing from relevant laws, rules, and practices under Philippine jurisprudence. It covers the legal basis, specific requirements, procedures, exceptions, and implications of non-compliance.

Legal Basis for Notarization in NBI Proceedings

The notarization of evidence in NBI complaints is grounded in several key legal frameworks:

1. Revised Rules of Criminal Procedure (2000 Rules, as amended): Rule 112 governs preliminary investigations, which often intersect with NBI complaints. Complaints must be supported by affidavits subscribed and sworn to before a notary public or a public prosecutor. This ensures that statements are made under oath, reducing the risk of perjury.

2. Notarial Law (Act No. 2711, as amended by Republic Act No. 9645): This governs the functions of notaries public in the Philippines. Notarization authenticates documents, making them public instruments admissible in court without further proof of authenticity, as provided under Section 19, Rule 132 of the Rules of Court.

3. Administrative Code of 1987 (Executive Order No. 292): Empowers the NBI to conduct investigations and requires that complaints be in writing and under oath. Section 1, Chapter 1, Title III, Book IV outlines the NBI's mandate, emphasizing the need for sworn complaints.

4. Anti-Graft and Corrupt Practices Act (RA 3019) and Other Special Laws: For complaints involving public officials or specific crimes like cybercrime (RA 10175) or human trafficking (RA 9208), notarized affidavits are mandatory to formalize the complaint and trigger NBI action.

5. Supreme Court Rulings: Cases such as People v. Court of Appeals (G.R. No. 126005, 1997) and Estrada v. Desierto (G.R. Nos. 146710-15, 2001) underscore that unnotarized documents may be deemed hearsay or inadmissible unless cured by other means, highlighting the importance of notarization for evidentiary weight.

Notarization transforms private documents into public ones, invoking presumptions of regularity and due execution under the Rules of Evidence.

Types of Evidence Requiring Notarization in NBI Complaints

Evidence in NBI complaints typically includes affidavits, documents, and other supporting materials. Not all evidence needs notarization, but certain categories do to ensure reliability:

1. Complaint-Affidavits and Sworn Statements:

   • The core of any NBI complaint is the complaint-affidavit, which must detail the facts of the alleged crime. This must be notarized to affirm that the complainant swears to the truthfulness of the statements.
   • Requirements: The affiant must personally appear before a notary public, present valid identification (e.g., government-issued ID), and acknowledge the document. The notary affixes their seal, signature, and notarial details, including the doc. no., page no., book no., and series.
   • If the complaint involves multiple affiants (e.g., witnesses), each affidavit must be separately notarized.

2. Supporting Documents:

   • Contracts, Deeds, and Agreements: If these form part of the evidence (e.g., in fraud cases), they must be notarized if originally required by law (e.g., real estate transactions under the Civil Code).
   • Certificates and Official Records: While not always needing fresh notarization, copies must be certified true by the issuing authority. However, affidavits attesting to their authenticity may require notarization.
   • Photographs, Videos, and Digital Evidence: These do not require notarization per se but must be accompanied by a notarized affidavit of authentication from the person who captured or possesses them, describing the context and chain of custody.
   • Medical Reports or Expert Opinions: If submitted as evidence (e.g., in assault cases), the accompanying affidavit from the physician or expert must be notarized.

3. Counter-Affidavits and Replies:

   • During the NBI's preliminary investigation phase, respondents may file counter-affidavits, which similarly require notarization to contest the complaint.

Notarization is not required for physical evidence like objects or forensic samples, but their submission must be documented in a notarized inventory or chain-of-custody affidavit.

Procedures for Notarization in NBI Complaints

Filing a complaint with the NBI involves specific steps where notarization is integrated:

1. Preparation of Documents:

   • Draft the complaint-affidavit in clear, concise language, avoiding legal jargon unless necessary. Include all elements of the alleged crime (e.g., who, what, when, where, why, how).
   • Attach supporting evidence with references in the affidavit.

2. Notarization Process:

   • Visit a licensed notary public (must be a lawyer admitted to the bar, as per RA 9645).
   • Present at least two valid IDs (one government-issued with photo and signature).
   • The notary verifies identity, ensures voluntary execution, and administers the oath or affirmation.
   • Pay the notarial fee (typically PHP 100-500 per document, depending on complexity).
   • For overseas Filipinos, notarization can be done at Philippine embassies or consulates under the Vienna Convention on Consular Relations.

3. Submission to NBI:

   • File the notarized complaint at the NBI headquarters in Manila or regional offices (e.g., NBI-Cebu, NBI-Davao).
   • Include original notarized documents or certified true copies.
   • The NBI may require additional notarized clarifications if the initial submission is incomplete.

4. Electronic Notarization (e-Notarization):

   • Under the Supreme Court's Rules on Electronic Notarization (A.M. No. 21-09-02-SC, 2021), notaries can perform remote online notarization (RON) using secure video conferencing. This is particularly useful for NBI complaints involving parties in remote areas.
   • Requirements include digital signatures, secure platforms, and electronic seals. e-Notarized documents have the same legal effect as traditional ones.

Exceptions and Waivers to Notarization Requirements

While notarization is generally mandatory, certain exceptions apply:

1. Urgent or Exigent Circumstances: In cases of imminent danger (e.g., threats to life), the NBI may accept unnotarized complaints provisionally, with a requirement to notarize within a reasonable period (e.g., 48-72 hours).

2. Public Prosecutors as Substitutes: Under Rule 112, Section 3 of the Rules of Criminal Procedure, complaints can be sworn before a prosecutor instead of a notary, especially if filed directly with the DOJ or fiscal's office, which may then endorse to the NBI.

3. Indigent Complainants: The Public Attorney's Office (PAO) provides free notarization services for qualified indigents under RA 9406.

4. Administrative Complaints: If the NBI complaint is administrative in nature (e.g., against public officials), notarization may be waived if substituted by verification under oath before an authorized officer.

5. Digital Submissions During Emergencies: In pandemics or calamities, as seen in Supreme Court circulars during COVID-19, electronic submissions without immediate notarization may be allowed, subject to later ratification.

However, non-notarized evidence risks dismissal for lack of prima facie case, as per People v. Sandiganbayan (G.R. No. 115439, 1996).

Implications of Non-Compliance and Remedies

Failure to notarize required evidence can lead to:

• Dismissal of Complaint: The NBI may refuse to act or endorse the case to prosecutors, citing insufficiency.
• Inadmissibility in Court: Unnotarized affidavits may be excluded as hearsay under Rule 130, Section 26 of the Rules of Court.
• Perjury Risks: False statements in unsworn documents do not invoke perjury penalties (Article 183, Revised Penal Code), but this weakens the complaint's credibility.

Remedies include:

• Filing a motion to amend with notarized versions.
• Seeking judicial review via certiorari if the NBI erroneously dismisses.
• Ratification: Subsequent notarization can cure defects if done before final resolution.

Best Practices and Recommendations

To ensure compliance:

• Consult a lawyer for drafting to avoid technical errors.
• Use standard notarial forms to expedite the process.
• Maintain copies of all notarized documents for personal records.
• For complex cases (e.g., cybercrimes), include notarized digital forensics reports.
• Stay updated on amendments, such as potential expansions of e-notarization.

In summary, notarization is indispensable in NBI complaints to uphold the integrity of evidence, facilitate investigations, and strengthen prosecutorial outcomes. Adhering to these requirements not only expedites justice but also protects complainants from legal pitfalls. For specific cases, professional legal advice is essential.