• 2. Provide access to online data-bases of Fund utilization and disbursement shall

DA on e-Learning courses and other be subject to the usual government agricultural information; and

accounting and auditing rules and

regulations. 3. Complement manpower and logistic

support in the conduct of trainings and Sec. 5. Implementing Rules and education of LGU personnel that will be Regulations. -The PCARRD-DOST, with involved in this joint undertaking. the active participation of selected CHED

SUCs, DA, DA-ATI and LGUs, shall call for Regional Research and Development the creation of a Steering Committee and a Consortia shall:

Technical Working Committee that shall 1. Coordinate with LGUs regarding the

formulate the implementing Rules and implementation of the Techno Gabay Regulation (IRR) for the effective Program in the municipality;

implementation of this Executive Order. : 2. Conduct/facilitate trainings in various

Sec. 6. Separability Clause.--If any areas like ICT, IEC development, skills section or provision of this Executive Order

shall be declared unconstitutional or invalid, training and other related training for the

the other sections or provision not affected efficient and effective operation of the

thereby shall remain in full force and effect. center; 3. Provide guidance in the implementation Orders, Rules and Regulations or parts

Sec. 7. Repealing Clause.--All Executive of the FITS; and

thereof contrary to or inconsistent with this : 4. Monitor the implementation of Techno Executive Order are hereby repealed or : Gabay Program at the regional level.

modified accordingly. LGUs are encouraged to:

Sec. 8. Effectivity Clause.—The EO

shall take effect immediately. 1. Appoint/designate the manpower need by the center;

Done in the City of Manila, this 14th day

of May in the year of our Lord, Two 2. Collaborate with the DA and other Thousand and Nine.

concerned agencies in planning technology delivery activities in line with

(Sgd.) GLORIA MACAPAGAL-ARROYO the agriculture development program of

President of the Philippines the municipality;

By the President: 3. Provide seed money for the establishment and maintenance of the

(Sgd.) EDUARDO R. ERMITA FITS center;

Executive Secretary 4. Provide the site office for FITS establishment in the area and purchase

MALACAÑANG equipment and fixtures, supplies

MANILA necessary to operate the center; and 5. Make available its staff to manage the

EXECUTIVE ORDER NO. 802 project.

STRENGTHENING AND RECOGNIZING THE

PHILIPPINE ACCREDITATION OFFICE SEC. 4. Funding.--All local government ATTACHED TO THE DEPARTMENT OF units covered by this Executive Order are TRADE AND INDUSTRY AS THE NATIONAL encourage to allocate funds from their ACCREDITATION BODY respective budgets to cover the program's physical, human, and financial requirements.

WHEREAS, Sec. 13 of RA 9236, or "The

National Metrology Act of 2003,"strengthens Supplemental budgets may also be and recognizes the laboratory accrediting sourced by the concerned LGU from body attached to the Department of trade contributions of public and private and Industry (DTI) as the national i institutions involved in the program. accrediting body;

WHEREAS, the Bureau of Product 6. Department of Energy Standards of the DTI assumed the laboratory accrediting function, in addition

7. Department of National Defense to its standards development and The members from the private sector certification functions.

shall be appointed by the President from

any of following: Trade or Industry WHEREAS, pursuant to ISO/IEC:17011

Association, Quality and Safety Foundation, 2004 which became effective on 01 January Philippine Exporter's Confederation, 2006, a centralized accrediting office

Professional Association, or the Academe. independent from BPS needs to be created.

The Council is authorized to create the WHEREAS, Section 31, Chapter 10, Book

necessary Advisory Committees where III Ill of the Administrative Code of 1987 grants other stakeholders are given opportunity to the President the continuing power to provide inputs in the formulation of reorganize the Executive Branch of

accreditation policies. government;

Sec. 3. The DTI shall acts as the PAO Now, THEREFORE, I, GLORIA MACAPAGAL- Council Secretariat. It shall ensure the ARROYO, President of the Republic of the immediate coordination among members of Philippines, by virtue of the powers vested the Council and the implementation of a in me by law, do hereby order:

centralized facilitation, processing and

release of accreditations. SECTION 1. Pursuant to Section 13 of RA 9236, the Philippine Accreditation Office Sec. 4. Funding requirement that will (PAO), which shall be attached to the DTI,

enable PAO to pursue and implement its is hereby strengthened and recognized as

mandate shall be included in the annual the national accreditation body. It shall be

appropriations of the Department of Trade the central body to accredit inspection,

and Industry. Government entities that seek testing and certifying bodies, and other

accreditation from PAO for purposes of bodies offering conformity assessment

international recognition shall provide funds services needed by the country.

for said purpose.

Sec. 5. Laboratories that have already Sec. 2. The PAO Council, to be chaired

been accredited by other government by the Secretary of the Department of

agencies shall be given one year from Trade and Industry, is hereby created to

effective date of this Order within which to give policy advice and provide guidance to

seek accreditation against applicable PAO. The Council shall have ten (10)

international standards from PAO. members, seven (7) from the government sector and three (3) from the private sector. Sec. 6. All executive orders, rules and

regulations and other issuances or parts The government sector shall be

thereof which are inconsistent with this represented by the heads of the following

Order are hereby revoked, amended, or departments or agencies or their authorized

modified accordingly. representatives, who must be at least an Undersecretary:

Sec. 7. This Order shall take effect fifteen

(15) days after its publication in a national 1. Department of Science and

newspaper of general circulation. Technology

Done, in the City of Manila, this 18th day 2. Department of Health

of May, in the year of Our Lord, Two

Thousand and Nine. 3. Department of Agriculture

(Sgd.) GLORIA MACAPAGAL-ARROYO 4. Department of Environment and

President of the Philippines Natural Resources

By the President: 5. Department of Public Works and

(Sgd.) EDUARDO R. ERMITA Highways

Executive Secretary

MALACAÑANG

MANILA

MALACAÑANG

MANILA

ADMINISTRATIVE ORDER No. 265

MEMORANDUM CIRCULAR No. 175

the poor;

PROVIDING FREE LEGAL AID FOR THE POOR DIRECTING ALL CABINET MEMBERS AND HEADS

OF THEIR ATTACHED AGENCIES INCLUDING WHEREAS, the Public Attorney's Office

GOVERNMENT OWNED OR CONTROLLED

CORPORATIONS (GOCCs), GOVERNMENT (PAO) is the principal law office of the

FINANCIAL INSTITUTIONS (GFIS), STATE government that provides free legal aid to UNIVERSITIES AND COLLEGES (SUCS),

AND LOCAL GOVENMENT UNITS (LGUS)
TO ACTIVELY PARTICIPATE IN THE

UNITED NATIONS CONVENTION AGAINST WHEREAS, the Presidential Commission on CORRUPTION (UNCAC) SUMMIT the Urban Poor (PCUP) is mandated to

The Philippines is a signatory to the coordinate the speedy implementation of

United Nations Convention Against o government policies and programs for the Corruption (UNCAC) which was ratified by 2 urban poor;

the Philippine Senate in November 2006.

WHEREAS, most of the urban poor in As a state party to the UNCAC and as country is concentrated in Metro Manila; part of its commitments to the 1st and 2nd

Conference of State Parties (COSP), the Now, THEREFORE, I, GLORIA MACAPAGAL- Philippines is mandated to comply with its ARROYO, President of the Republic of the compliance review on the implementation

of the UNCAC in the country. CPhilippines, by virtue of the powers vested em in me by law, do hereby order:

The Multi-Sectoral Anti-Corruption

Council (MSACC) led by the Office of the Sec. 1. The PAO and the PCUP shall Ombudsman, and composed of the three work together on programs of providing free branches of government, constitutional legal aid to Metro Manila urban poor. bodies, government financial institutions,

academe, media, business, youth, inter-faith Sec. 2. All Administrative Orders, rules, groups, non-government organizations and and regulations and other issuances or part

civil society organizations, as members, thereof, which are inconsistent with this

conducted a self-assessment on Philippine -SS Administrative Order, are hereby revoked,

compliance with the UNCAC. amended, or modified accordingly.

The Philippine Self Assessment Report

which is the result of the gap analysis Sec. 3. This Administrative Order shall conducted by the MSACC on the country's take effect immediately.

compliance with the UNCAC, as well as the

Implementation Roadmap will be formally Done, in the City of Manila, this 14th day presented in the UNCAC Summit which will of May, in the year of Our Lord, Two

be hosted by the MSACC on May 27, 2009, n's Thousand and Nine. .

8:00 A.M.-12:00 noon at Meeting Rooms 3 & 4, Philippine International Convention

Center (PICC), Roxas Blvd., Pasay City. (Sgd.) GLORIA MACAPAGAL-ARROYO President of the Philippines During the Summit, a Covenant to

faithfully execute the Roadmap will likewise By the President:

be signed by the Heads of the three

branches of government in the presence of (Sgd.) EDUARDO R. ERMITA

MSACC's development partners and the Executive Secretary

diplomatic community.

344

Relative thereto, all Cabinet Members of funds from their respective budgets for and Heads of their attached agencies the success of the UNCAC Summit. including Government-Owned and

For strict compliance.
Controlled Corporations, Government
Financial Institutions, State Universities and

(Sgd.) EDUARDO R. ERMITA Colleges, and Local Government Units are

Executive Secretary hereby directed to actively participate and give full support including the disbursements Manila, 22 May 2009

MGA HATOL NG KATAAS-TAASANG HUKUMAN

[DECISIONS OF THE SUPREME COURT

ATTY. PROCESO E. FERNANDEZ
ACTING CHIET, SL PREXE COURT REPORTER

(A.C. No. 6505. September 11, 2008)

suspension from the practice of law, revocation

of the notarial commission and disqualification THIRD DIVISION

from acting as such, and even disbarment.

Time and again, we have held that where the JESSICA C. Uy, Complainant, VS. ATTY.

notarization of a document is done by a EMMANUEL P. SAÑO, Respondent

member of the Philippine Bar at a time when

he has no authorization or commission to do SYLLABUS

so, the offender may be subjected to

disciplinary action. One who is performing a of the Ruling of the Court

notorial act without such commission is a

violation of the lawyer's oath to obey the laws, 1. LEGAL ETHICS; ATTORNEYS; PRACTICE OF

more specifically, the Notarial Law. Then, too, LAW; EXPLAINED.-IT]he practice of law is

by making it appear that he is duly not a right but a privilege bestowed by the

commissioned when he is not, he is, for all State on those who show that they possess,

legal intents and purposes, indulging in and continue to possess, the qualifications

deliberate falsehood, which the lawyer's oath required by law for the conferment of such

similarly proscribes. These violations fail privilege. Membership in the bar is a privilege

squarely within the prohibition of Rule 1.01 of burdened with conditions. The bar should

Canon 1 of the Code of Professional maintain a high standard of legal proficiency

Responsibility, which provides that “a lawyer as well as of honesty and fair dealing. A

shall not engage in unlawful, dishonest, lawyer brings honor to the legal profession by

immoral or deceitful conduct." By acting as a faithfully performing his duties to society, to

notary public without the proper commission the bar, to the courts and to his clients. To

to do so, the lawyer likewise violates Canon 7 this end, a member of the legal fraternity

of the same Code, which directs every lawyer should refrain from doing any act which might

to uphold at all times the integrity and dignity
lessen, in any degree, the confidence and trust

of the legal profession.
reposed by the public in the fidelity, honesty
and integrity of the legal profession.

4. ID.; ATTORNEYS; SUSPENSION OR

DISBARMENT OF ATTORNEYS; 2. ID.; NOTARIES PUBLIC; NOTARIZATION;

PURPOSE.---An attorney's right to practice law
NATURE.-(Njotarization is not an empty,

may be resolved by a proceeding to suspend
meaningless, routinary act. It is invested with

him, based on conduct rendering him unfit to substantive public interest, such that only those

hold a license or to exercise the duties and who are qualified and authorized may act as

responsibilities of an attorney. It must be notaries public. It must be underscored that

understood that the purpose of suspending or the act of notarization by a notary public

disbarring him as an attorney is to remove converts a private document into a public

from the profession a person whose document making it admissible in evidence

misconduct has proved him unfit to be without further proof of authenticity. A notarial

entrusted with the duties and responsibilities document is, by law, entitled to full faith and

belonging to an office of attorney, and thus, to credit upon its face. For this reason, notaries

protect the public and those charged with the public must observe with utmost care the basic

administration of justice, rather than to punish requirements in the performance of their duties.

an attorney. 3. ID.; ID.; MALPRACTICE AND FALSIFICATION OF

OPINION OF THE COURT
PUBLIC DOCUMENTS; A LAWYER'S ACT OF
NOTARIZING DOCUMENTS WITHOUT THE NACHURA, J.:
REQUISITE COMMISSION THEREFOR, A
CASE OF.-T]he requirements for the

This is a disbarment case filed' by
issuance of a commission as notary public complainant Jessica C. Uy against
must not be treated as a mere casual formality.
The Court has characterized a lawyer's act of

Designate additional members in lieu of Associate
notarizing documents without the requisite

Justices Consuelo Ynares-Santiago and Ma. Alicia commission therefor as reprehensible, Austria-Martinez per Special Order No. 517 dated constituting as it does, not only malpractice,