October 28, 1999

DAR OPINION NO. 61-99

ATTY . CAROL MENDOZA-MORALES

DAR-Provincial Office
Nakaya Building, L. Barrios St.
Kalibo, Aklan

Dear Atty. Morales:

This refers to your letter dated 01 February 1999 relative
to Special Order No. 794 dated 13 November 1998 Re: Request
For Authority To Secure Commission As Notary Public wherein
you raised the following questions, to wit:
1) Whether you are allowed to notarize
documents not related in the performance of your
official duties and functions and can therefore
charge notarial fees?
2) If so, is it not violative of the Civil
Service Laws, Rules and Regulations?
You state that your Petition before the Office of the
Executive Judge, Regional Trial Court, Kalibo, Aklan remains
pending as said Office assails the second condition of your
Special Order on the ground of infringement of Civil Service
Rules and Regulations; that by implication, it would appear
that you are duly permitted to notarize documents not related
in the performance of your official duties and functions based
on the second condition of the aforesaid Order following the
premise laid down in the first condition; and that the pendency
of your petition unduly hampers the interest of the service and
delays fiscal convenience and facility.
Your queries being interrelated, the determination of the
first being a requisite to the resolution of the second, shall be
discussed together.
 Pertinent to the issues you raised is Section 7 (b) (2)
of Republic Act No. 6713 (Code of Conduct and Ethical
Standards for Public Officials and Employees) which provides
that public officials and employees during their incumbency
shall not engage in the private practice of their profession
unless authorized by the Constitution or law, provided that
such practice will not conflict or tend to conflict with their
official functions. It is clear from the foregoing provision of law
that private practice of profession of government employees is
not absolutely prohibited provided authority for limited
practice is granted by the proper Department Head under such
terms and conditions prescribed by law and pertinent
executive issuances.
Significantly, Department Special Order No. 597, Series of
1989 (Authority for DAR Field Lawyers to Apply for Commission
as Notaries Public) was issued which provides that in the
interest of the service, DAR Regional Directors are authorized
to allow their lawyers, one lawyer for every province or city, to
apply for Commission as Notaries Public for this Department in
the cities or provinces where they are assigned; that as
official Notaries Public of this Department, they shall notarize,
free of charge, not only documents and transactions of this
Department and those executed by DAR officials and
employees in their official capacities but also agricultural
leasehold contracts; that as to other documents, notarial fees
shall be collected in accordance with the schedule prescribed
under Section 9 of Rule 141 of the Rules of Court by the DAR
cashier concerned; that the official notaries public of this
Department shall submit to the Auditor/Accountant for
examination and notation their reports before submitting them
to the clerk of court concerned; and that the expenses for
filing petition for Commission as Notary Public, notarial books,
loose leaves, and notarial seal shall be chargeable to the
Department.
Finally, please note that the commission issued to DAR
lawyers for them to notarize a document does not by itself
confer them an unbridled right to perform notarization even
outside DAR's Office. For them to legally and validly perform
the functions of a notary public, clearance from the DAR
Secretary and court official concerned is necessary. Since a
notarial acknowledgment attaches not only full faith and
credit to the document concerned but also vests upon the
document the presumption of regularity unless it is impugned
by strong, complete and conclusive proof (Severo Sales vs.
Court of Appeals, G.R. No. L-40145, July 29, 1992), public
policy dictates that the same should be duly regulated and
authorized accordingly.
Please be guided accordingly.

Very truly yours,

(SGD.) DANILO T. LARA

Undersecretary for Legal Affairs, and Policy
and Planning
Copy furnished:
The Provincial Agrarian Reform Officer
DAR-Provincial Office
Kalibo, Aklan