CIRCULAR
NO. 1-90
TO: ALL
JUDGES OF THE METROPOLITAN TRIAL COURTS (METC), MUNICIPAL TRIAL COURTS
IN CITIES (MTCC), MUNICIPAL TRIAL COURTS (MTC), MUNICIPAL CIRCUIT TRIAL
COURTS (MCTC) SHARI’A COURTS AND THE INTEGRATED BAR OF THE PHILIPPINES
(IBP)
SUBJECT: POWER
OF THE MUNICIPAL TRIAL COURT JUDGES AND MUNICIPAL CIRCUIT TRIAL COURT
JUDGES
TO ACT AS NOTARIES PUBLIC EX OFFICIO.
For the information
and guidance of all concerned, quoted hereunder is the Resolution of
the
Court En Banc dated December 19, 1989, in Administrative Matter
No. 89-11-1303 MTC, "Re: Request for clarification on the power of
municipal
trial court judges and municipal circuit trial court judges to act as
Notaries
Public Ex Officio";
"Acting on a query
regarding the power of municipal trial court judges and municipal
circuit
trial court judges to act in the capacity of notaries public ex
officio
in the light of the 1989 Code of Judicial Conduct, the Court Resolved
to
issue a clarification on the matter.cralaw:red
"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:chanroblesvirtuallawlibrary
"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
[Borne 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].
"However, the Court
taking judicial notice of the fact that there are still municipalities
which have neither lawyers nor notaries public, rules that MTC and MCTC
judges assigned to municipalities or circuits with no lawyers or
notaries
public may, in the capacity as notaries public ex officio,
perform
any act within the competency of a regular notary public: Provided,
That: [1] all notarial fees charged be for the account of the
Government
and turned over to the municipal treasurer (Lapena, Jr. vs.
Marcos,
Adm. Matter No. 1969-MJ, June 29, 1982, 114 SCRA 572); and [2]
certification
be made in the notarized documents attesting to the lack of any lawyer
or notary public in such municipality or circuit." Feliciano, J.,
is on leave
February 26, 1990.
[Sgd.]
MARCELO
B. FERNANChief
Justice
|