The Supreme Court of the Philippines has clarified the limits of a Municipal Trial Court (MTC) judge’s authority to act as a notary public ex officio. The Court ruled that Judge Victorio L. Galapon, Jr. exceeded his authority by notarizing a document unrelated to his judicial functions, specifically an Answer filed with the Department of Agrarian Reform Adjudication Board (DARAB). This decision reinforces the principle that judges acting as notaries public ex officio must confine their notarial acts to matters directly connected to their official duties, thereby preventing the unauthorized practice of law.

Crossing the Line: When Can a Judge Act as a Notary Public?

In this case, Horst Franz Ellert filed a complaint against Judge Victorio L. Galapon, Jr. of the Municipal Trial Court in Dulag, Leyte, alleging grave misconduct, abuse of judicial authority, ignorance of the law, unlawful notarization, perjury, and false testimony. The complaint stemmed from two cases: a DARAB case and a criminal case filed by Judge Galapon against Ellert. The central issue revolved around Judge Galapon’s notarization of an Answer filed in the DARAB case, a matter unrelated to proceedings in his court. This action raised questions about the scope of a municipal court judge’s authority to perform notarial acts ex officio.

The Supreme Court, in analyzing the case, referenced Circular No. I-90, which specifically outlines the powers of MTC and Municipal Circuit Trial Court (MCTC) judges to act as notaries public ex officio. This circular clarifies that these judges can only perform notarial functions for documents directly connected to their official duties. The key provision states:

“MTC and MCTC judges may act as notaries public ex officio in the notarization of documents connected only with the exercise of their official functions and duties [Borre v. Mayo, Adm. Matter No. 1765-CFI, October 17, 1980, 100 SCRA 314; Penera v. Dalocanog, Adm. Matter No. 2113-MJ, April 22, 1981, 104 SCRA 193.] They may not, as notaries public ex officio, undertake the preparation and acknowledgment of private documents, contracts and other acts of conveyances which bear no direct relation to the performance of their functions as judges. The 1989 Code of Judicial Conduct not only enjoins judges to regulate their extra-judicial activities in order to minimize the risk of conflict with their judicial duties, but also prohibits them from engaging in the private practice of law (Canon 5 and Rule 5.07).”

Building on this principle, the Court emphasized that the Answer filed with the DARAB was not related to Judge Galapon’s functions as a judge. Consequently, his act of notarizing it was beyond the scope of his authority as a notary public ex officio. This action constituted an unauthorized practice of law, as it extended his notarial functions beyond the permissible boundaries defined by Circular No. 1-90.

Furthermore, the Court addressed the exception outlined in Circular No. 1-90, which allows MTC and MCTC judges in municipalities without lawyers or notaries public to perform notarial acts. However, this exception is contingent on two conditions: all notarial fees must be turned over to the government, and the notarized documents must certify the lack of lawyers or notaries public in the area. In this case, there was no evidence presented to suggest that Dulag, Leyte, lacked lawyers or notaries public, thus disqualifying Judge Galapon’s actions from falling under this exception.

The Court rejected Judge Galapon’s defense that he saw no wrongdoing in his actions, highlighting that judges must understand the duties and limitations of acting as an ex-officio notary public. If uncertain, they should seek clarification from the Office of the Court Administrator. This underscores the importance of judges staying informed about the scope and limitations of their authority to prevent the unauthorized practice of law.

As for the charges of false testimony and perjury, the Court advised the complainant to pursue a criminal case with the appropriate trial court, clarifying that such matters fall outside the administrative functions of the Office of the Court Administrator.

This case sets a clear precedent for the scope of notarial authority for judges. It reinforces the principle that judges acting as notaries public ex officio must restrict their notarial acts to those directly related to their judicial functions. This limitation prevents potential conflicts of interest and ensures that judges do not engage in the unauthorized practice of law.

FAQs

What was the key issue in this case?	The key issue was whether Judge Galapon exceeded his authority as a notary public ex officio by notarizing a document (an Answer in a DARAB case) unrelated to his judicial functions.
What is a notary public ex officio?	A notary public ex officio is a government official, like a judge, who is authorized to perform notarial acts as part of their official duties. However, their notarial powers are limited to matters connected to their official functions.
What is Circular No. I-90?	Circular No. I-90 is a Supreme Court circular that defines the scope of authority for Municipal Trial Court (MTC) and Municipal Circuit Trial Court (MCTC) judges acting as notaries public ex officio. It restricts their notarial functions to documents connected with their official duties.
Under what circumstances can an MTC judge notarize documents unrelated to their court duties?	Only when the municipality lacks lawyers or notaries public, and the notarial fees are turned over to the government, and the document contains a certification attesting to the lack of lawyers and notaries public in such municipality or circuit.
What was the Court’s ruling in this case?	The Court found Judge Galapon guilty of unauthorized notarization and ordered him to pay a fine of Five Thousand Pesos (P5,000.00), warning that further similar infractions would be dealt with more severely.
What is the significance of this ruling?	The ruling clarifies the boundaries of a judge’s authority to act as a notary public ex officio, preventing the unauthorized practice of law and maintaining the integrity of judicial functions.
What should a judge do if they are unsure whether they can notarize a document?	They should verify with the Office of the Court Administrator the extent of their authority to notarize documents.
What was the outcome regarding the charges of False Testimony and Perjury?	The Court advised the complainant to file a criminal case with the proper trial court, as those matters are outside the scope of administrative functions.

This case provides a clear framework for understanding the limitations of a judge’s notarial authority. It emphasizes the importance of adhering to established guidelines to maintain the integrity of the judicial process and prevent the unauthorized practice of law.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: HORST FRANZ ELLERT VS. JUDGE VICTORIO GALAPON, JR., A.M. No. MTJ-00-1294, July 31, 2000