City legal officer claims charging notarial fees legal

By Maricar M. Calubiran

City Legal Officer Atty. Edgar Gil said he has no legal obligation to notarize the contract between the city government and its contractual employees.

Contractual employees are not regular employees, thus, he said he could demand for a notarial fee whenever these contractual employees sought his help.

Gil’s statement was in response to the clamor of contractual employees that he is charging a P100 notarial fee from every notarized contract. Employees questioned Gil’s action whether it is still in accordance with his function as the city legal officer.

Gil however claimed it is included in his functions to notarize contracts of the city government except when it is his will to do so.

He said, the primary function of the city legal officer is to appear on civil cases involving the city government. They are not also bound to represent the city in all legal cases.

Under the Local Government Code, a city legal officer when required by the governor, mayor or sanggunian can draft ordinances, contracts, bonds, leases and their instruments involving any interest of the local government unit and provide comments and recommendations on any instruments already drawn.

Gil said it took him extra time, effort and money to be commissioned as notary public. There are lawyers who are not authorized to notarize. Among them are Councilors Eduardo Peñaredondo and Jose Espinosa III.

They are also required by law to file their pleadings every two years. A filing fee of P10,000 is also required. They also bought their notarial book at the Solicitor General's office in Metro Manila. “It is also unfair on my part should I not ask for a fee,” said Gil.

There are some 30-50 contractual employees every month who ask that their contract with the city government be notarized. His notarial book will be full of records and yet he has not gained anything from it. They also have to consider my side, Gil ended.