DISCIPLINE OF MEMBERS OF THE JUDICIARY

General Rule: A judge is not liable administratively, civilly or criminally when he acts within his
legal powers and Jurisdiction.
Reason: To free the Judge from apprehension of personal consequences to himself and to
preserve the integrity and independence of the Judiciary.
Exception: Where an error is gross, deliberate and malicious or is incurred with evident bad
faith or when there is fraud, dishonesty or corruption.
- In the absence of fraud, dishonesty or corruption, acts of a judge in his judicial capacity
is not subject to the disciplinary actions even though such acts are erroneous, so long as
he acts in good faith. In such a case, the remedy of the aggrieved party is not to file an
administrative complaint against the judge but to elevate the error to a higher court for
review and correction.
EXCEPTION to EXCPETION ; When the law or procedure is so elementary such as the provisions
of the Rules of court, not to know or to act as if one does not know the same, constitutes gross
ignorance of the Law, even without the complainant having to prove malice or bad faith.

Three ways of Instituting Administrative Charges against Judges

1. Motu proprio by the Supreme court or
2. Upon verified complain with affidavits of persons having personal knowledge of the
facts alleged therein or by documents which may substantiate said allegations or
3. Upon an anonymous complaint supported by public records of indubitable integrity
(Sec.1 Rule, 140, BOC)

- Administrative cases against judges, justices May be Automatically treated as

Disbarment Cases
- Under A.M No. 02-9-02 SC (September 17,2002) serious administrative cases against
justices and judges are automatically converted as disciplinary proceedings against them
both as such and as members of the Philippine bar.

- Justices and Judges are also protected from baseless and Unfounded administrative
complaints

- The supreme court promulgated A.M No. 03-10-01 SC – Resolution Prescribing

Measures to protect Members of the Judiciary from baseless and Unfounded
Administrative complaints.
- Complainant may be required to show cause why he should not be held contempt of
court. If the complainant is a Lawyer, he may further be required to show cause why he
or she should not be administratively sanctioned as a member of the bar and as an
officer of the court.

POWER AND LIABILITIES OF MEMBERS OF THE SUPREME COURT

a. The supreme court has administrative supervision over all courts and the personnel
thereof (Sec.6, Art.VIII, Consti)
b. Justices of the supreme court can only be removed by impeachment (Sec.2, Art. XI,
Consti.) Impeachment proceedings against justices of the supreme court is sui
generis in nature and governed by the ruled created by the impeachment court,
congress shall promulgate its rules on impeachment (Par.8, Sec.3 Art. XI,
Constitution)

PRACTICE OF LAW IS A PRIVILEGE

- It is a special privilege bestowed only upon those who are competent intellectually,
academically and morally.
- Lawyers are expected to maintain at all times a high standard of legal proficiency and
morality, including honestly, integrity and fair dealing. They must perform their four fold
duty to society the legal profession, the courts and their clients, in accordance with the
values and norms of the legal profession as embodied in the code of Professional
Responsibility.
- In case of doubt whether the act is ethical or not the lawyer should adopt the most
stringent interpretation and consider the act as unethical.
 Salient features of the notarial law

Salient features of the NOTARIAL LAW & the 2004 Rules Legal ethics
Atty. JFL Risonar
A.M. No. 02-8-13-SC (2004 Rules on Notarial Practice) The Notarial
Law (cf. provisions of the Revised Administrative Code) Relevant
provisions

BASES: §251 of the Revised Administrative Code

- The Notarial Law is explicit on the obligations and duties of notaries

public. They are required to certify that the party to every document
acknowledged before them has presented the proper residence
certificate (or exemption from the residence tax); and to enter its
number, place of issue and date as part of such certification.

BASES: §246 of the Revised Administrative Code.

- They are also required to maintain and keep a notarial register; to
enter therein all instruments notarized by them; and to “give to each
instrument executed, sworn to, or acknowledged before [them] a
number corresponding to the one in [their] register [and to state
therein] the page or pages of [their] register, on which the same is
recorded.

BASES: §249 of the Revised Administrative Code

See: Protacio v. Mendoza, 395 SCRA 10, 17, January 13, 2003.

Failure to perform these duties would result in the revocation of their

commission as notaries public.

Purpose of the 2004 Notarial Rules:

(a) to promote, serve, and protect public interest;

(b) to simplify, clarify, and modernize the rules governing notaries public;
and (c) to foster ethical conduct among notaries public

WHO MAY BE A NOTARY PUBLIC?

(1) must be a citizen of the Philippines;

(2) must be over twenty-one (21) years of age;
 (3) must be a resident in the Philippines for at least one (1) year and
maintains a regular place of work or business in the city or province
where the commission is to be issued
(4) must be a member of the Philippine Bar in good standing with
clearances from the Office of the Bar Confidant of the Supreme Court
and the Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance of any crime
involving moral turpitude. (section 1, Rule 3 AM 02-18-13-SC

Form & Contents of Petition

Every petition for a notarial commission shall be in writing, verified, and

shall include the following:
(a) a statement containing the petitioner's personal qualifications,
including the petitioner's date of birth, residence, telephone
number, professional tax receipt, roll of attorney's number and IBP
membership number
(b) certification of good moral character of the petitioner by at least
two (2) executive officers of the local chapter of the Integrated Bar
of the Philippines where he is applying for commission

(c)proof of payment for the filing of the petition as required by these

Rules; and

(d) ) three (3) passport-size color photographs with light

background taken within thirty (30) days of the application. The
photograph should not be retouched. The petitioner shall sign his
name at the bottom part of the photographs. (section 2, Rule 3
Ibid.)

OTHER MATTERS

Payment of application fee

Hearing of the petition SUMMARY in nature
Notice shall be posted in the designated court areas and published in a
newspaper of general circulation
Any person who has cause to oppose the same may file a written
opposition

Jurisdiction and term of a notary public

 - A person commissioned as notary public may perform notarial acts in
any place within the territorial jurisdiction of the commissioning court
for a period of two (2) years commencing the first day of January of
the year in which the commissioning is made, unless earlier revoked or
the notary public has resigned under these Rules and the Rules of
Court. (section 11, Rule 3, ibid.)

May The term be renewed?

YES,

- A notary public may file a written application with the Executive Judge
for the renewal of his commission within forty-five (45) days before
the expiration thereof. A mark, image or impression of the seal of the
notary public shall be attached to the application
- Failure to file said application will result in the deletion of the name of
the notary public in the register of notaries public

- The notary public thus removed from the Register of Notaries Public
may only be reinstated therein after he is issued a new commission in
accordance with these Rules. (section 13, Rule 3, ibid.)

Powers and limitations of a notary public

POWERS: A notary public is empowered to perform the following

notarial acts:

(1)acknowledgments; -
(2)oaths and affirmations
(3)Jurats- Jurat notarizations are required for transactions where the signer must attest to
the content of the document, such as all affidavits and pleadings in court. It is a
certification on an affidavit declaring when, where and before whom it was sworn. In
executing a jurat, a notary guarantees that the signer personally appeared before the
notary, was given an oath or affirmation by the notary attesting to the truthfulness of the
document, and signed the document in the notary's presence. It is always important that
the notary positively identify a signer for a jurat, as s/he is certifying that the signer
attested to the truthfulness of the document contents under penalty of perjury. However,
jurat notarizations do not prove a document is true, legal, valid or enforceable.
(4)signature witnessing;
(5)copy certifications;
(6)) any other act authorized by these Rules. (section 1, Rule IV,
ibid. )

 Nadayag vs. Grageda (09-27-94)

 Notarization is not an empty routine. Notarization of a private
document converts such document into a public one and renders it
admissible in court without further proof of its authenticity. A notary
public should therefore be conscientious in seeing to it that justice
permeated every transaction for which his services had been engaged,
in conformity with the avowed duties of a worthy member of the Bar.
S/he must fully explain the intricacies and consequences of the subject
transaction.

Function of a notary public –

- To guard against any illegal or immoral arrangements. That function

would be defeated if the notary public were one of the signatories to
the instrument. For then, he would be interested in sustaining the
validity thereof as it directly involves himself and the validity of his
own act, and the very purpose of the acknowledgment, which is to
minimize fraud would be thwarted. (Villarin vs. Sabate, Feb. 9, 2000)

What constitutes competent evidence of “identity”?

(a) at least one current identification document issued by an official

agency bearing the photograph and signature of the individual;
(b) the oath or affirmation of one credible witness not privy to the
instrument, document or transaction who is personally known to
the notary public and who personally knows the individual, or of
two credible witnesses neither of whom is privy to the instrument,
document or transaction who each personally knows the individual
and shows to the notary public documentary identification. (section
12 Rule 2 AM 02-18-13-SC)

A notary public is authorized to certify the affixing of a

signature by thumb or other mark on an instrument or
document presented for notarization if:

(1)the thumb or other mark is affixed in the presence of the notary public
and of two disinterested and unaffected witnesses to the instrument or
document
(2) both witnesses sign their own names in addition to the thumb or
other mark;
(3)the notary public writes below the thumb or other mark: "Thumb or
Other Mark affixed by (name of signatory by mark) in the presence of
(names and addresses of witnesses) and undersigned notary public";
and
(4)) the notary public notarizes the signature by thumb or other mark
through an acknowledgment, jurat, or signature witnessing (Ibid)

A notary public is authorized to sign on behalf of a person who

is physically unable to sign or make a mark on an instrument or
document if:

1) the notary public is directed by the person unable to sign or make a

mark to sign on his behalf;
2) the signature of the notary public is affixed in the presence of two
disinterested and unaffected witnesses to the instrument or
document;
3) both witnesses sign their own names;
4) the notary public writes below his signature: "Signature affixed by
notary in presence of names and addresses of person and two
witnessed and
5) the notary public notarizes his signature by acknowledgment or
jurat. (ibid.)

PROHIBITIONS :

a) A notary public shall not perform a notarial act outside his regular
place of work or business; provided, however, that on certain
exceptional occasions or situations, a notarial act may be
performed at the request of the parties in the following sites located
within his territorial jurisdiction:

(1) public offices, convention halls, and similar places where

oaths of office may be administered
(2) public function areas in hotels and similar places for the
signing of instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an
instrument or document is confined for treatment
(4) ) any place where a party to an instrument or document
requiring notarization is under detention

 Recent case: Judge Laquindanum versus Atty. Nestor Q. Quintana

(A.C. No. 7936)

Q: May a lawyer notarize documents beyond the territorial jurisdiction

of the commissioning court that issued his commission?
 Q2: may such lawyer, allow his spouse to do notarial acts in his
absence?

Held; NO, the Supreme Court, thru an en banc decision rendered on

June 29, 2009 additionally imposed the penalty of revoking the
lawyer’s notarial commission and disqualified him from discharging
duties as a notary public for an additional period of two years

Ruling : The act of notarizing documents outside one’s area of

commission is not to be taken lightly. Aside from being a violation of
Sec. 11 of the 2004 Rules on Notarial Practice, it also partakes of
malpractice of law and falsification.

Since the public is deceived into believing that he has been duly
commissioned, it also amounts to indulging in deliberate falsehood,
which the lawyer's oath proscribes

Finally, Atty. Quintana is personally accountable for the documents that he

admitted were signed by his wife. He cannot relieve himself of liability by
passing the blame to his wife. He is, thus, guilty of violating Canon 9 of the
Code of Professional Responsibility, which requires lawyers not to directly or
indirectly assist in the unauthorized practice of law

Other prohibitions

B . A person shall not perform a notarial act if the person involved

as signatory to the instrument or document

(1) is not in the notary's presence personally at the time of the

notarization;
(2) is not personally known to the notary public or otherwise
identified by the notary public through competent evidence of identity as
defined by these Rules

A notary public cannot notarize a document if s/he:

(a)is a party to the instrument or document that is to be notarized;

(b)receive, as a direct or indirect result, any commission, fee, advantage,
right, title, interest, cash, property, or other consideration, except as
provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by
affinity or consanguinity of the principal within the fourth civil degree.

Other Prohibited Acts

A notary public shall not perform any notarial act described in these Rules
for any person requesting such an act even if he tenders the appropriate fee
specified by these Rules if:

(a) the notary knows or has good reason to believe that the notarial
act or transaction is unlawful or immoral
(b) the signatory shows a demeanor which engenders in the mind of
the notary public reasonable doubt as to the former's knowledge of the
consequences of the transaction requiring a notarial act; and
(c)in the notary's judgment, the signatory is not acting of his or her own
free will

Bon vs. Atty. Ziga and Arcangel

Q: May a lawyer notarize a document (“Waiver and Quitclaim”) w/o

the party appearing before him?

HELD: acknowledgments must be made before a notary public who

shall certify that the person acknowledging the instrument is known to
him and that he is the same person who executed it and acknowledged
that the same is his free act and deed.

Santuyo vs. Atty. Hidalgo

Q: may a lawyer notary public delegate to his secretary the task of

filling up his notarial register?

HELD: Respondent lawyer is negligent in his practice of tolerating the

secretary of their law office to handle the aforementioned notarial
activities. For having wholly entrusted the preparation and other
mechanics of the document for notarization to the secretary there can
be a possibility that even the respondent’s signature which is the only
one left for him to do can even be done by the secretary or anybody
for that matter.

SLU vs. Atty. Dela Cruz

Q: What is the effect is a lawyer notarizes documents despite the

expiration of his notarial commission?

HELD: where the notarization of a document done by a member of the

Philippine Bar at a time when he has no authorization or commission
to do so, the offender may be subjected to disciplinary action and also
constitutes a violation of the lawyer’s oath to obey the laws, more
specifically the Notarial Law.