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.

"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 [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].