The Supreme Court of the Philippines clarified the limits of a judge’s authority to act as a notary public ex officio. The court emphasized that Municipal Trial Court (MTC) and Municipal Circuit Trial Court (MCTC) judges can only notarize documents directly related to their official functions. Judges are prohibited from notarizing private documents or engaging in activities that constitute private legal practice. This ruling ensures that judges focus on their judicial duties and avoid conflicts of interest, reinforcing the integrity of the judicial system and preventing unauthorized legal practice.

Beyond the Bench: When Can a Judge Notarize Documents?

In Victorino Simon v. Judge Alipio M. Aragon, the Supreme Court addressed the issue of a municipal circuit trial court judge who was notarizing private documents, contracts, and acts of conveyance unrelated to his official functions. The complainant, Victorino Simon, alleged that Judge Alipio M. Aragon’s actions constituted conduct unbecoming an officer. Simon argued that the judge’s notarial practices violated Circular No. 1-90, which outlines the limitations on a judge’s power to act as a notary public ex officio. The central legal question was whether Judge Aragon exceeded his authority by notarizing documents outside the scope of his official duties and without proper certification.

The case unfolded with Simon presenting evidence of numerous affidavits, deeds of absolute sale, and other documents notarized by Judge Aragon between 1986 and 2000. Crucially, these documents lacked the certification required by Circular No. 1-90, attesting to the absence of any lawyer or notary public in San Pablo, Isabela. In his defense, Judge Aragon admitted to notarizing the documents but claimed he did so because there were no lawyers or notaries public in the area between 1983 and 1992. He stated that he ceased this practice upon learning of Circular No. 1-90 in 1993. The judge also asserted that he did not profit from these notarizations, as fees were paid to the Municipal Treasurer’s Office.

Building on this defense, Judge Aragon argued that Circular No. 1-90, promulgated on February 26, 1990, could not retroactively apply to his actions before that date. The case was referred to the Executive Judge of the Regional Trial Court of Cabagan, Isabela, for investigation. Judge Isaac R. De Alban found that Judge Aragon had indeed violated Circular No. 1-90 by notarizing private documents without the required certification. However, Judge Alban recommended that the circular be applied prospectively, fining the judge only for documents notarized after February 26, 1990.

The Supreme Court reviewed the case, concurring with the finding that Judge Aragon engaged in unauthorized notarial work. The Court reiterated the stipulations of Circular No. 1-90, emphasizing the limited scope of a judge’s authority to act as a notary public ex officio. This authority is confined to documents directly connected with the exercise of their official functions and duties. The circular specifically prohibits judges from preparing and acknowledging private documents, contracts, and other acts of conveyance that bear no direct relation to their functions as judges.

Municipal Trial Court (MTC) and Municipal Circuit Trial Court (MCTC) judges are empowered to perform the function of Notaries Public ex officio under Section 76 of Republic Act No. 296, as amended [otherwise known as the Judiciary Act of 1948] and Section 242 of the Revised Administrative Code. But the Court hereby lays down the following qualifications on the scope of this power: 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.

The Supreme Court also acknowledged an exception for municipalities or circuits lacking lawyers or notaries public. In such cases, MTC and MCTC judges may perform the acts of a regular notary public, provided that all notarial fees are remitted to the government and the notarized documents certify the absence of lawyers or notaries public in the area. The court emphasized that both conditions must be met for the judge’s actions to be considered valid.

The Court underscored that while Judge Aragon could not be penalized for actions prior to Circular No. 1-90’s effectivity, he violated the circular by notarizing seven private documents after February 26, 1990, without including the required certification. These documents included deeds of absolute sale, affidavits of extrajudicial settlement, and other private agreements. By notarizing these documents, Judge Aragon acted beyond the scope of his authority as a notary public ex officio, failing to comply with the certification requirement. The ruling reinforces the principle that judges must adhere strictly to the limitations placed on their notarial powers to maintain judicial integrity and prevent conflicts of interest.

The Court referenced the case of Doughlas v. Lopes, Jr., where a judge was fined for unauthorized notarization of a private document. Finding that Judge Aragon committed seven such acts, the Court adopted the recommendation of the Office of the Court Administrator and fined him Seven Thousand Pesos (P7,000.00). This decision reaffirms the importance of adhering to the rules and regulations governing the judiciary’s powers and responsibilities, particularly concerning notarial functions. This serves as a reminder to judges to regulate their extra-judicial activities to avoid conflicts with their judicial duties.

FAQs

What was the key issue in this case?	The key issue was whether Judge Aragon exceeded his authority by notarizing private documents unrelated to his official duties and without proper certification, violating Circular No. 1-90.
What is Circular No. 1-90?	Circular No. 1-90 delineates the power of Municipal Trial Court (MTC) and Municipal Circuit Trial Court (MCTC) judges to act as notaries public ex officio, limiting their authority to documents connected with their official functions. It also provides exceptions for municipalities lacking lawyers or notaries public, subject to specific conditions.
When can a judge act as a notary public ex officio?	A judge can act as a notary public ex officio only for documents connected with their official functions. An exception is when the municipality lacks lawyers or notaries public, provided all fees are remitted to the government and the documents certify the absence of legal professionals.
What is the certification requirement under Circular No. 1-90?	The certification requirement mandates that any document notarized by a judge in a municipality lacking lawyers or notaries public must include a statement attesting to the absence of such professionals in the area.
What was the court’s ruling in this case?	The court found Judge Aragon guilty of violating Circular No. 1-90 for unauthorized notarization of private documents and fined him Seven Thousand Pesos (P7,000.00).
What documents did Judge Aragon notarize improperly?	Judge Aragon improperly notarized several private documents, including deeds of absolute sale and affidavits of extrajudicial settlement, without the required certification after the effectivity of Circular No. 1-90.
Why was Judge Aragon penalized?	Judge Aragon was penalized for acting beyond the scope of his authority as a notary public ex officio by notarizing private documents not connected with his official functions and without complying with the certification requirement.
What is the significance of this case?	This case reinforces the importance of adhering to the rules governing the judiciary’s powers and responsibilities, particularly concerning notarial functions, to maintain judicial integrity and prevent conflicts of interest.

The Supreme Court’s decision in Victorino Simon v. Judge Alipio M. Aragon serves as a critical reminder to judges about the boundaries of their authority as notaries public ex officio. By strictly adhering to Circular No. 1-90, judges can ensure they are not overstepping their roles and that the integrity of the judicial system is upheld. The ruling clarifies the importance of proper certification and the limited scope of notarial functions for judges, reinforcing the principle that their primary duty is to their judicial responsibilities.

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: VICTORINO SIMON, COMPLAINANT, VS. JUDGE ALIPIO M. ARAGON, MUNICIPAL CIRCUIT TRIAL COURT, SAN PABLO, ISABELA, RESPONDENT., A.M. No. MTJ-05-1576 (OCA-IPI No. 02-1323-MTJ), February 03, 2005