A.M. No.

RTJ-01-1657 February 23, 2004

HEINZ R. HECK, complainant,

vs.
JUDGE ANTHONY E. SANTOS, REGIONAL TRIAL COURT, BRANCH 19, CAGAYAN DE ORO
CITY,1respondent.

Facts:

Complainant Heck alleged that prior to respondent’s appointment as RTC Judge, the latter was not duly
commissioned as notary public but still subscribed and forwarded notarized documents to the Clerk of
Court. Complainant prayed for the disbarment Judge Santos and to prohibit him from all future public
service. Respondent denied the charges against him and argued that there was no proper recording of
the commissioned lawyers in the City of Cagayan de Oro as well as the submitted notarized
documents/notarial register.

Issue/s:

Whether respondent Judge Santos could be held administratively liable.

Held:

Yes.

A Judge May Be Disciplined For Acts Committed Before His Appointment To The Judiciary

It is settled that a judge may be disciplined for acts committed prior to his appointment to the
judiciary.22 In fact, even the new Rule itself recognizes this, as it provides for the immediate forwarding
to the Supreme Court for disposition and adjudication of charges against justices and judges before the
IBP, including those filed prior to their appointment to the judiciary.23 It need not be shown that the
respondent continued the doing of the act or acts complained of; it is sufficient that the evidence on
record supports the charge on the respondent, considering the gravity of the offense.

Notarizing Documents Without The Requisite Commission Therefore Constitutes Malpractice, If Not The
Crime Of Falsification Of Public Documents