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UST Golden Notes 2011
128LEGAL ETHICS TEAM:
ADVISER:JUDGE PHILIP A.AGUINALDO &ATTY.MARIAN JOANNE K.CO-PUA
SUBJECT HEAD:THEENA C.MARTINEZ;ASST.SUBJECT HEADS:JEANELLE C.LEE;DIVINE C.TEE
MEMBERS:MARINETH EASTER AN D.AYOS,MARC ROBY G. DE CHAVEZ,JOANNA PENADA,GRETCHEN C.SY
4. Copies of the Sworn Statement shall befurnished to the Local Chapter of the IBP
and to the Executive Judge of the courts
where respondent has pending cases
handled by him or her, and/or where he
or she has appeared as counsel;
5. The Sworn Statement shall be consideredas proof of respondents compliance with
the order of suspension;
6. Any finding or report contrary to thestatements made by the lawyer under
oath shall be a ground for the imposition
of a more severe punishment, or
disbarment, as may be warranted.
B. READMISSION TO THE BAR OF LAWYERS WHO
HAVE BEEN DISBARRED
Q: What must the Supreme Court take into
consideration in reinstatement?
A:
1. The applicants character and standingprior to the disbarment;
2. The nature and character of the charge forwhich he was disbarred;
3. His conduct subsequent to thedisbarment, and the time that has elapsed
between the disbarment and the
application for reinstatement; (Prudential
Bank v. Benjamin Grecia, A.C. No. 2756,
Dec. 18, 1990)
4. His efficient government service; (In re:Adriatico, G.R. No. L-2532, Nov. 17, 1910)
5. Applicants appreciation of thesignificance of his dereliction and his
assurance that he now possesses the
requisite probity and integrity; and
6. Favorable endorsement of the IBP andpleas of his loved ones. (Yap Tan v.
Sabandal, B.M. No. 144, Feb. 24, 1989)
Note: Whether or not the applicant shall be
reinstated rests on the discretion of the court.
(Prudential Bank v. Benjamin Grecia, A.C. No. 2756,
Dec. 18, 1990)
The court may require applicant for reinstatement to
enroll in and pass the required fourth year review
classes in a recognized law school. (Cui v. Cui, In Re:
Resian A.C. No. 270, Mar. 1974)
Q: What is the effect of reinstatement?
A:
1. Reinstatement to the roll of attorneyswipes out the restrictions and disabilities
resulting from a previous disbarment (Cui
v. Cui, G.R. No. L-18727, Aug. 31, 1964);
2. Recognition of moral rehabilitation andmental fitness to practice law;
3. Lawyer shall be subject to same law, rulesand regulations as those applicable to any
other lawyer; and
4. Lawyer must comply with the conditionsimposed on his readmission.
Q: Is a disbarred lawyer by reason of conviction
of a crime automatically reinstated to the
practice of law upon being pardoned by the
President?
A: No. To be reinstated, there is still a need for
the filing of an appropriate petition with the
Supreme Court. (In re: Rovero, A.M. No. 126, Dec.
29, 1980)
Q: What is the effect if during the pendency of a
disbarment proceeding, the erring lawyer was
granted executive pardon?
A: If during the pendency of a disbarment
proceeding the respondent was granted
executive pardon, the dismissal of the case on
that sole basis will depend on whether the
executive pardon is absolute or conditional.
1. Absolute or unconditional pardon - thedisbarment case will be dismissed.
2. Conditional pardon - the disbarment casewill notbe dismissed on the basis thereof.
Q: X filed proceedings for disbarment against his
lawyer, Atty. C, following the latters conviction
for estafa for misappropriating funds belonging
to his client (X). While the proceedings for
disbarment was pending, the President granted
absolute pardon in favor of Atty. C. Atty. C, then,
moved for the dismissal of the disbarment case.
Should the motion be granted?
A: An absolute pardon by the President is one
that operates to wipe out the conviction as well
as the offense itself. The grant thereof to a lawyer
is a bar to a proceeding for disbarment against
him, if such proceeding is based solelyon the fact
of such conviction. (In re: Parcasio, A.C. No. 100,
Feb. 18, 1976)
But where the proceeding to disbar is founded on
the professional misconduct involved in the
transaction which culminated in his conviction,
the effect of the pardon is only to relieve him of
the penal consequences of his act and does not
operate as a bar to the disbarment proceeding,
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Legal Ethics - Readmission to the Bar
12ACADEMICS CHAIR:LESTER JAY ALAN E.FLORES II
VICE CHAIRS FOR ACADEMICS:KARENJOY G.SABUGO &JOHN HENRY C.MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE:JEANELLE C.LEE
VICE CHAIRS FOR LAYOUT AND DESIGN:EARL LOUIE M.MASACAYAN &THEENA C.MARTINEZ
U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o C i v i l
inasmuch as the criminal acts may nevertheless
constitute proof that the attorney does not
possess good moral character. (In re: Lontok, 43
Phil. 293, Apr. 7, 1922)
Note: In the light of recent court pronouncements
that a lawyer may be disciplined even for non-
professional misconduct, one may argue that alawyer convicted of a crime involving moral
turpitude, and subsequently receives absolute
pardon, may still be proceeded against under the
Code of Professional Responsibility even if the acts
of which he was found guilty did not involve
professional misconduct (A modification of In Re
Lontok, supra). The ground for the petition for
disciplinary action under the Code must, however,
not be founded alone on the conviction but must be
based on the acts committed by the lawyer which
rendered him morally unfit to be a member of the
bar. (Aguirre, Legal and Judicial Ethics. A Pre-week
Reviewer, 2006 Edition)
Q:X, a member of the Bar, was charged with and
found guilty of estafa, for which he was
sentenced to suffer imprisonment and to
indemnify the offended party for the amount
Involved. Not having taken an appeal from the
judgment of conviction, upon finality thereof he
was taken into custody to serve sentence. A
month after he was incarcerated, he was
granted pardon by the Chief Executive on
condition that he would not commit another
offense during the unserved portion of his prison
sentence. Soon after Xs release from custody
after being pardoned, the offended party in the
criminal case filed a Complaint for Disbarment
against X in the Supreme Court. X set up the
defense that having been pardoned by the Chief
Executive for which reason he was released from
imprisonment, he may not be disbarred from the
practice of law anymore. Is Xs contention
tenable?
A:Xs contention is not tenable.He was granted
only a conditional pardon. Such conditional
pardon merely relieved him of the penal
consequences of his act but did not operate as a
bar to his disbarment. Such pardon does not
reach the offense itself. Hence, it does not
constitute a bar to his disbarment. (In reGutierrez, A.C. No. L-363, July 31, 1962; In re
Avancena, A.C. No. 407, August 15, 1967).
Furthermore, the acts of X leading to his
conviction may be used to show that he does not
possess the necessary requirement of good moral
character for continued membership in the Bar
(In re Valloces, A.C. No. 439, September 30, 1982).
(1999 Bar Question)
C. READMISSION TO THE BAR OF LAWYERS WHO
HAVE BEEN REPATRIATED
Q: What are the effects of loss and reacquisition
of Philippine citizenship?
A: The loss of Philippine citizenship ipso jure
terminates the privilege to practice law in the
Philippines.
However, pursuant to R.A. No. 9225 of the
Citizenship Retention and Reacquisition Act of
2003, Filipino lawyer who becomes a citizen of
another country is deemed never to have lost his
Philippine citizenship IF HE REACQUIRES IT IN
ACCORDANCE WITH R.A. NO. 9225. Nevertheless,
his right to practice law DOES NOT
AUTOMATICALLY ACCRUE. He must first secure
authority from the Supreme Court upon
compliance with the following conditions:
1. The updating and payment in full ofannual membership dues in the IBP;
2. Payment of professional tax;3. Completion of at least 36 credit hours of
mandatory continuing legal educations;
and
4. Retaking of the lawyers oathQ: Dacanay practiced law until he migrated to
Canada to seek medical attention to his
ailments. He subsequently applied for Canadian
citizenship to avail of Canadas free medical aid
program. His application was approved and he
became a Canadian citizen. Dacanay later on
reacquired his Philippine citizenship by virtue of
R.A. 9225.
Did Dacanay lose his membership in the
Philippine bar when he gave up his Philippine
citizenship? Can he automatically practice law
upon reacquiring Filipino citizenship?
A: The Constitution provides that the practice of
all professions in the Philippines shall be limited
to Filipino citizens save in cases prescribed by law.
Since Filipino citizenship is a requirement for
admission to the bar, loss thereof terminates
membership in the Philippine bar and,consequently, the privilege to engage in the
practice of law. In other words, the loss of Filipino
citizenship ipso jure terminates the privilege to
practice law in the Philippines. The practice of law
is a privilege denied to foreigners.
The exception is when Filipino citizenship is lost
by reason of naturalization as a citizen of another
country but subsequently reacquired pursuant to
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UST Golden Notes 2011
130LEGALETHICSTEAM:
ADVISER:JUDGE PHILIP A.AGUINALDO &ATTY.MARIAN JOANNE K.CO-PUA
SUBJECTHEAD:THEENA C.MARTINEZ;ASST.SUBJECTHEADS:JEANELLE C.LEE;DIVINE C.TEE
MEMBERS:MARINETHEASTER AN D.AYOS,MARC ROBY G. DE CHAVEZ,JOANNA PENADA,GRETCHENC.SY
R.A. 9225. This is because all Philippine citizens
who become citizens of another country shall be
deemed not to have lost their Philippine
citizenship under the conditions of R.A. 9225.
Therefore, a Filipino lawyer who becomes a
citizen of another country is deemed never to
have lost his Philippine citizenship if he reacquires
it in accordance with R.A. 9225. Although he isalso deemed never to have terminated his
membership in the Philippine bar, no automatic
right to resume law practice accrues.
Before a lawyer who reacquires Filipino
citizenship pursuant to R.A. 9225 can resume his
law practice, he must first secure from the SC the
authority to do so, conditioned on:
1. The updating and payment in full of theannual membership dues in the IBP;
2. The payment of professional tax;3. The completion of at least 36 credit hours
of mandatory continuing legal education,
this is specially significant to refresh the
applicant/petitioners knowledge of
Philippine laws and update him of legal
developments; and
The retaking of the lawyers oath which will not
only remind him of his duties and responsibilities
as a lawyer and as an officer of the Court, but also
renew his pledge to maintain allegiance to the
Republic of the Philippines. (Petition for Leave to
Resume Practice of Law of Benjamin Dacanay,
B.M. No. 1678, Dec. 17, 2007)
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Legal EthicsNotarial Practice
13ACADEMICS CHAIR:LESTER JAY ALAN E.FLORES II
VICE CHAIRS FOR ACADEMICS:KARENJOY G.SABUGO &JOHN HENRY C.MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE:JEANELLE C.LEE
VICE CHAIRS FOR LAYOUT AND DESIGN:EARL LOUIE M.MASACAYAN &THEENA C.MARTINEZ
U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o C i v i l
V. MANDATORY CONTINUING LEGAL
EDUCATION (MCLE)
A. PURPOSE
Q: What is the purpose of Bar Matter 850 MCLE?
A: MCLE is required of members of the IBP to
ensure that throughout their career, they keep
abreast with law and jurisprudence, maintain the
ethics of the profession and enhance the
standards of the practice of law. (2003, 2006 Bar
Questions)
Q: What is the Composition of the Committee on
Mandatory Continuing Legal Education?
A:
1. Composition:a. Retired Justice of the SC Chairman,
nominated by the SC
b. IBP National President Vice-Chairc. 3 other members nominated by the
Philippine Judicial Academy, UP Law
Center and Association of Law
Professors, respectively.
2. Members are of proven probity and
integrity
3. Compensation as may be determined by
the SC.
4. The initial terms of each of the 3 members
shall be 5, 4, and 3 years respectively.
B. REQUIREMENTS
Q: What are the requirements of completion of
MCLE?
A: Requirements of completion of MCLE:
Members of the IBP, unless exempted under Rule
7, shall complete every 3 years at least 36 hours
of continuing legal education activities. The 36
hours shall be divided as follows:
1. 6 hours legal ethics2. 4 hours trial and pretrial skills3. 5 hours alternative dispute resolution4. 9 hours updates on substantive and
procedural laws and jurisprudence
5. 4 hours legal writing and oral advocacy6. 2 hours international law and
international conventions
7. Remaining 6 hours such other subjectsas may be prescribed by the Committee
on MCLE.
Q: What are the classes of credits?
A:
1. Participatory credit Attending approvededucation activities like seminars,
conventions, symposia, and the like;
speaking or lecturing, or assigned as
panelist, reactor, or commentator, etc. inapproved education activities; teaching in
law school or lecturing in bar review
classes.
2. Non-participatory Preparing, as authoror co-author, written materials (article,
book or book review) which contribute to
the legal education of the author member,
which were not prepared in the ordinary
course of his practice or employment;
editing a law book, law journal or legal
newsletter.
C. COMPLIANCE
Q: What constitutes non-compliance of MCLE?
A:
1. Failure to complete educationrequirement within the compliance
period;
2. Failure to provide attestation ofcompliance or exemption;
3. Failure to provide satisfactory evidence ofcompliance (including evidence of exempt
status) within the prescribed period;
4. Failure to satisfy the educationrequirement and furnish evidence of such
compliance within 60 days from receipt of
non-compliance notice;
5. Failure to pay non-compliance fee withinthe prescribed period; or
6. Any other act or omission analogous toany of the foregoing or intended to
circumvent or evade compliance with the
MCLE requirements.
Note: Members failing to comply will receive a Non-
Compliance Notice stating the specific deficiency and
will be given 60 days from date of notification to file
a response.
D. EXEMPTIONS
Q: Who are the persons exempted from the
MCLE?
A:
1. The President, Vice-President and theSecretaries and Undersecretaries of
Executive Departments;
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UST Golden Notes 2011
132LEGAL ETHICS TEAM:
ADVISER:JUDGE PHILIP A.AGUINALDO &ATTY.MARIAN JOANNE K.CO-PUA
SUBJECT HEAD:THEENA C.MARTINEZ;ASST.SUBJECT HEADS:JEANELLE C.LEE;DIVINE C.TEE
MEMBERS:MARINETH EASTER AN D.AYOS,MARC ROBY G. DE CHAVEZ,JOANNA PENADA,GRETCHEN C.SY
2. Senators and Members of the House ofRepresentatives;
3. The Chief Justice and Associate Justices ofthe Supreme Court, incumbent and retired
members of the judiciary, incumbent
members of Judicial Bar Council,
incumbent members of the MCLE
Committee, incumbent court lawyers whohave availed of the Philippine Judicial
Academy programs of continuing judicial
education (Amendment to Bar Matter 850,
Resolution of the Court En Banc, July 13,
2004);
4. The Chief State Counsel, Chief StateProsecutor and Assistant Secretaries of
the Dept. of Justice;
5. The Solicitor General and the AssistantSolicitor General;
6. The Government Corporate Counsel,Deputy and Assistant Government
Corporate Counsel;
7. The Chairman and Members of theConstitutional Commissions;
8. The Ombudsman, the Overall DeputyOmbudsman, the Deputy Ombudsmen
and the Special Prosecutor of the Office of
the Ombudsman;
9. Heads of government agencies exercisingquasi-judicial functions;
10. Incumbent deans, bar reviewers andprofessors of law who have teaching
experience for at least 10 years in
accredited law schools;
11. The Chancellor, Vice-Chancellor andmembers of the Corps of Professional and
Professorial Lecturers of the Philippine
Judicial Academy; and
12. Governors and Mayors. (2006 BarQuestion)
Other parties exempted:
1. Those who are not in law practice, privateor public;
2. Those who have retired from law practicewith the approval of the IBP Board of
Governors.
Q: May a member of the bar not included in the
enumeration ask for exemption?
A: Yes, if there is a good cause for exemption
from or modification of requirement. A member
may file a verified request setting forth good
cause for exemption (such as physical disability,
illness, post-graduate study abroad, proven
expertise in law, etc.) from compliance with or
modification of any of the requirements,
including an extension of time for compliance, in
accordance with procedure to be established by
the Committee on MCLE.
Note: Applications for exemption from or
modification of the MCLE requirement shall be
under oath and supported by documents.
E. SANCTIONS
Q: What are the consequences of non-
compliance?
A: A member who fails to comply with the
requirements after the 60-day period shall be
listed as delinquent memberby the IBP Board of
Governors upon recommendation of the
Committee on MCLE.
Note: The listing as a delinquent member is
administrative in nature but shall be made with
notice and hearing by the Committee on MCLE.
B.M. No. 1922, which took effect on January 1, 2009,
requires practicing members of the bar to indicate in
all pleadings filed before the courts or quasi-judicial
bodies, the number and date of issue of their MCLE
Certificate of Compliance or Certificate of
Exemption, as may be applicable, for the
immediately preceding compliance period. Failure
to disclose the required information would cause the
dismissal of the case and the expunction of the
pleadings from the records.
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Legal EthicsNotarial Practice
13ACADEMICS CHAIR:LESTER JAY ALAN E.FLORES II
VICE CHAIRS FOR ACADEMICS:KARENJOY G.SABUGO &JOHN HENRY C.MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE:JEANELLE C.LEE
VICE CHAIRS FOR LAYOUT AND DESIGN:EARL LOUIE M.MASACAYAN &THEENA C.MARTINEZ
U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o C i v i l
VI. NOTARIAL PRACTICE
(1996, 2005, 2007 Bar Question)
Q: What is the purpose of notarial law (A.M. No.
02-8-13-SC)?
A:
1. To promote, serve, and protect publicinterest;
2. To simplify, clarify, and modernize therules governing notaries public; and
3. To foster ethical conduct among notariespublic. (Sec. 2, Rule I,A.M. No. 02-8-13-SC)
A. QUALIFICATIONS OF NOTARY PUBLIC
Q: Who is a notary public?
A: A person appointed by the court whose duty is
to attest to the genuineness of any deed or
writing in order to render them available as
evidence of facts stated therein and who is
authorized by the statute to administer various
oaths.
Note: Notary Public" and "Notary" refer to any
person commissioned to perform official acts under
the rules on Notarial Practice. (Sec. 9, Rule II, A.M.
No. 02-8-13-SC)
Q. What must one possess to qualify as a notary
public?
A: To be eligible for commissioning as notarypublic, the petitioner must be:
1. A citizen of the Philippines;2. Over 21 years of age;3. A resident in the Philippines for at least 1
year and maintains a regular place of work
or business in the city or province where
the commission is to be issued;
4. A member of the Philippine Bar in goodstanding with clearances from the Office
of the Bar Confidant of the Supreme Courtand the Integrated Bar of the Philippines;
and
5. Has not been convicted in the firstinstance of any crime involving moral
turpitude. (second par., Sec. 1, Rule III,
2004 Rules on Notarial Practice, A.M. No.
02-8-13-SC)
Q: Is a lawyer always a notary public?
A: No. Not every member of the Bar is a notary
public because a lawyer requires a commission of
appointment to be designated as a notary public.
Note: Notarization is not an empty, meaningless,
routinary act. It is invested with substantive publicinterest, such that only those who are qualified or
authorized may act as notaries public. For this
reason notaries public must observe with utmost
care the basic requirements in the performance of
their duties. Otherwise, the confidence of the public
in the integrity of this form of conveyance would be
undermined. (Vda. De Rosales v. Ramos, A.C. No.
5645, July 2, 2002)
Q: What are the 2 kinds of duties imposed by
law to a notary public?
A:
1.
Execution of formalities required by law;and
2. Verification of the capacity and identity ofthe parties as well as the legality of the act
executed.
Q: What are the duties of a notary public?
A:
1. To keep a notarial register;2. To make the proper entry or entries in his
notarial register touching his notarial acts
in the manner required by the law;
3. To send the copy of the entries to theproper clerk of court within the first 10days of the month next following;
4. To affix to acknowledgments the date ofexpiration of his commission, as required
by law;
5. To forward his notarial register, whenfilled, to the proper clerk of court;
6. To make report, within reasonable time tothe proper judge concerning the
performance of his duties, as may be
required by such judge;
7. To make the proper notation regardingresidence certificates. (Sec. 240, Rev. Adm.
Code) (1995 Bar Question)
Q. Must a notary public always be a lawyer?
A.
GR: Yes. Only those admitted to the practice of
law are qualified to be notaries public.
XPN: When there are no persons with the
necessary qualifications or where there are
qualified persons but they refuse appointment.
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UST Golden Notes 2011
134LEGAL ETHICS TEAM:
ADVISER:JUDGE PHILIP A.AGUINALDO &ATTY.MARIAN JOANNE K.CO-PUA
SUBJECT HEAD:THEENA C.MARTINEZ;ASST.SUBJECT HEADS:JEANELLE C.LEE;DIVINE C.TEE
MEMBERS:MARINETHEASTER AN D.AYOS,MARC ROBY G. DE CHAVEZ,JOANNA PENADA,GRETCHENC.SY
In which case, the following persons may be
appointed as notaries:
1. Those who passed the studies of law ina reputable university; or
2. A clerk or deputy clerk of court for aperiod of not less than two years.
Q: Can an RTC judge notarize a document?
A: No. Section 35, Rule 138, of the Revised Rules
of Court as well as Canon 5, Rule 5.07 of the Code
of Judicial Conduct provides that no judge or
other official or employee of the superior courts
shall engage in private practice as a member of
the bar or give professional advice to clients.
Notarization of documents is considered a
practice of law.
It is based on sound reasons of public policy, for
there is no question that the rights, duties,
privileges and functions of the office of an
attorney-at-law are so inherently incompatible
with the high official functions, duties, powers,
discretions and privileges of a judge of the
Regional Trial Court. This rule makes it obligatory
upon the judicial officers concerned to give their
full time and attention to their judicial duties,
prevent them from extending special favors for
their own private interests and assure the public
of impartiality in the performance of their
functions.
Q: Are MTC judges prohibited from acting as
notary public?
A: No.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. 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.
However, 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
competence of a regular notary public, provided
that:
1. All notarial fees charged be for theaccount of the Government and turned
over to the municipal treasurer; and
2. Certification be made in the notarizeddocuments attesting to the lack of any
lawyer or notary public in such
municipality or circuit.
Q: Vicente Batic charged Judge Victorio Galapon
Jr. with engaging in unauthorized notarial
practice for having notarized a Deed of Absolute
Sale between Antonio Caamic and Lualhati
Ellert. Under the deed of sale, Lualhati Ellert,
was described as single. At the time of Galapons
notarization of the Deed of Sale, there was a
notary public in Dulag, Leyte.
Judge Galapon claims that he did not prepare
the document and that his participation was
limited to its acknowledgment, for which the
corresponding fee was collected by and paid to
the clerk of court. Are MTC judges like Judge
Galapon absolutely prohibited from acting as
notaries public?
A: No. While Judge Galapon explains that he
sincerely believed that when no notary public is
available, the MTC may act as ex-officio notary
public, provided the fees shall be for the
government, such is not enough to exonerate him
from liability. His acts do not fall under the
exception because at the time of his notarization
of the Deed of Sale, there was a notary public in
Dulag, Leyte. (Vicente Batic v. Judge Victorio
Galapon Jr., A.M. No. MTJ-99-1239, July 29, 2005)
Q: Is the authority of MTC judges to notarize
limited to their sala?
A: Yes. Their authority to notarize is limited to
their sala.
Q: Can a judge of another town notarize the
complaint to be filed in another town?
A: No. It is considered as a practice of law.
Q: Can a clerk of court notarize a document?
A: Yes. A clerk of court can notarize a document
provided he is commissioned and has been
permitted by his superior. Such consent is
necessary because the act of notarizing a
document is a practice of law.
Q: What are the rules with regard to fees that a
notary public may charge?
A:
1. For performing a notarial act, a notarypublic may charge the maximum fee as
prescribed by the Supreme Court unless
he waives the fee in whole or in part (Sec.
1, Rule V, A. M. 02-8-13-SC);
2. A notary public may charge travel fees andexpenses separate and apart from the
notarial fees when traveling to perform a
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Legal EthicsNotarial Practice
13ACADEMICS CHAIR:LESTER JAY ALAN E.FLORES II
VICE CHAIRS FOR ACADEMICS:KARENJOY G.SABUGO &JOHN HENRY C.MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE:JEANELLE C.LEE
VICE CHAIRS FOR LAYOUT AND DESIGN:EARL LOUIE M.MASACAYAN &THEENA C.MARTINEZ
U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o C i v i l
notarial act if the notary public and the
person requesting the notarial act agree
prior to the travel (Sec. 2, Rule V, A. M. 02-
813-SC);
3. No fee or compensation of any kind,except those expressly prescribed and
allowed herein, shall be collected or
received for any notarial service (Sec. 3,Rule V, A. M. 02-813-SC);
4. A notary public shall not require paymentof any fees specified herein prior to the
performance of a notarial act unless
otherwise agreed upon( first par., Sec. 4,
Rule V, A. M. 02-813-SC);
5. Any travel fees and expenses paid to anotary public prior to the performance of
a notarial act are not subject to refund if
the notary public had already traveled but
failed to complete in whole or in part the
notarial act for reasons beyond his control
and without negligence on his part
(second par., Sec. 4, Rule V, A. M. 02-813-
SC).
Note: A notary public who charges fee for notarial
services shall issue a receipt registered with the
Bureau of Internal revenue and keep a journal of
notarial fees. He shall enter in the journal all fees
charges for services rendered.
A notary public shall post in a conspicuous place in
his office a complete schedule of chargeable notarial
fees. (Sec. 5, Rule V, A. M. 02-813-SC)
B. TERM OF OFFICE OF A NOTARY PUBLIC
Q: What is the term of office of a notary public?
A: A notary public may perform notarial acts for a
period of 2 years commencing the 1st day of
January of the year in which the commissioning is
made, unless earlier revoked or the notary public
has resigned under the Rules on Notarial Practice
and the Rules of Court.(Section 11, Rule III,A.M.
No. 02-8-13-SC) (1995 Bar Question)
Q: Juan dela Cruz was commissioned as a notary
public in 2001. His friend asked him to notarize a
deed of absolute sale sometime in 2004, to
which he agreed free of charge. A complaint formalpractice was filed against him. Is Juan dela
Cruz guilty of malpractice?
A: Yes. Absent any showing that his notarial
commission has been renewed, his act constitutes
malpractice because at the time he notarized the
document, his notarial commission has already
expired. It is not a defense that no payment has
been received. The requirement for the issuance
of the commission as notary public must not be
treated as a mere casual formality. In fact, Juans
act also constitutes falsification of public
document.
Q: What is acommission?A: It refers to the grant of authority to performnotarial acts and to the written evidence of the
authority (Sec. 3, Rule II, A.M. 02-8-13-SC).
Q: Who issues a notarial commission?
A: A notarial commission may be issued by an
Executive Judge to any qualified person who
submits a petition in accordance with the Rules
on Notarial Practice. (first par., Sec. 1, Rule III,
A.M. No. 02-8-13-SC)
Q: What is the form of the petition and
supporting documents for a notarial
commission?
A: Every petition for a notarial commission shall
be in writing, verified, and shall include the
following:
1. A statement containing the petitioner'spersonal qualifications, including the
petitioner's date of birth, residence,
telephone number, professional tax
receipt, roll of attorney's number and IBP
membership number;
2. Certification of good moral character ofthe petitioner by at least 2 executive
officers of the local chapter of the
Integrated Bar of the Philippines where he
is applying for commission;
3. Proof of payment for the filing of thepetition as required by the Rules on
Notarial Practice; and
4. Three passport-size color photographswith light background taken within 30
days of the application. The photograph
should not be retouched. The petitioner
shall sign his name at the bottom part of
the photographs. (Sec. 2,Rule III, A.M. No.
02-8-13-SC)
Note: Every petitioner for a notarial commission
shall pay the application fee as prescribed in the
Rules of Court. (Sec. 3, Rule III, A.M. No. 02-8-13-SC)
Q: Before the Executive Judge shall conduct a
summary hearing on the petition, what
requirements must be met?
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UST Golden Notes 2011
136LEGAL ETHICS TEAM:
ADVISER:JUDGE PHILIP A.AGUINALDO &ATTY.MARIAN JOANNE K.CO-PUA
SUBJECT HEAD:THEENA C.MARTINEZ;ASST.SUBJECT HEADS:JEANELLE C.LEE;DIVINE C.TEE
MEMBERS:MARINETH EASTER AN D.AYOS,MARC ROBY G. DE CHAVEZ,JOANNA PENADA,GRETCHEN C.SY
A:
1. The petition is sufficient in form andsubstance;
2. The petitioner proves the allegationscontained in the petition; and
3. The petitioner establishes to thesatisfaction of the Executive Judge that he
has read and fully understood the Ruleson Notarial Practice.
Note:: The Executive Judge shall forthwith issue
a commission and a Certificate of Authorization
to Purchase a Notarial Seal in favor of the
petitioner. (Sec. 4, Rule III, A.M. No. 02-8-13-SC)
Note: Any person who has any cause or reason to
object to the grant of the petition may file a verified
written opposition thereto. The opposition must be
received by the Executive Judge before the date of
the summary hearing.(Sec. 6, Rule III, A.M. No. 02-8-
13-SC)
Note: The commissioning of a notary public shall be
in a formal order signed by the Executive Judge. (Sec.
7, Rule III, A.M. No. 02-8-13-SC)
Note: Every person commissioned as notary
public shall have only one official seal of office.
(Sec. 10, Rule III, A.M. No. 02-8-13-SC)
Q: What must a notary public do when his
commission expires?
A: A notary public may file a written application
with the Executive Judge for the renewal of his
commission within 45 days before the expiration
thereof. A mark, image or impression of the seal
of the notary public shall be attached in the
application. (first par., Sec. 13, Rule III, A.M. No.
02-8-13-SC)
Note: If a person is applying for a commission for the
first time, what he files is a petition and not an
application.
Q: what is the effect of failure of the notary
public to file an application for the renewal of
his commission?
A: Failure to file said application will result in the
deletion of the name of the notary public in the
register of notaries public. (second par., Sec. 13,
Rule III, A.M. No. 02-8-13-SC)
Note: The notary public thus removed from the
Register of Notaries Public may only be
reinstated therein after he is issued a new
commission. (third par., Sec. 13, Rule III, A.M.
No. 02-8-13-SC)
Note: The Executive Judge shall, upon payment of
the application fee, act on an application for renewal
of a commission within thirty (30) days from receipt
thereof. If the application is denied, the Executive
Judge shall state the reasons therefor. (Sec. 14, Rule
III, A.M. No. 02-8-13-SC)
C. POWERS AND LIMITATIONS OF A NOTARYPUBLIC
Note: Notarial Act and Notarization refer to any
act that a notary public is empowered to perform
under these Rules. (Sec. 7, Rule II, A.M. 02-8-13-SC)
Q: What are the powers of a notary public?
A: A notary public is empowered to perform the
following notarial acts: JAO-CAS
1. Acknowledgements;
2. Oaths and affirmations;
3. Jurats;
4. Signature witnessings;5. Copy certifications; and
6. Any other act authorized by these rules
(Section 1(a), Rule IV, A.M. No. 02-8-13-SC)
Acknowledgements
Q: What is an acknowledgement?
A: Acknowledgment refers to an act in which an
individual on a single occasion:
1. Appears in person before the notarypublic and presents an integrally complete
instrument or document;
Note: A notary public cannot perform a
notarial act over a document that has
missing pages, or that contains blanks that
should be filled-in prior to the notarial act.
2. Is attested to be personally known to thenotary public or identified by the notary
public through competent evidence of
identity as defined by the Rules on
Notarial Practice; and
3. Represents to the notary public that thesignature on the instrument or documentwas voluntarily affixed by him for the
purposes stated in the instrument or
document, declares that he has executed
the instrument or document as his free
and voluntary act and deed, and, if he acts
in a particular representative capacity,
that he has the authority to sign in that
capacity. (Sec. 1, Rule II, A.M. 02-8-13-SC)
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Legal EthicsNotarial Practice
13ACADEMICS CHAIR:LESTER JAY ALAN E.FLORES II
VICE CHAIRS FOR ACADEMICS:KARENJOY G.SABUGO &JOHN HENRY C.MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE:JEANELLE C.LEE
VICE CHAIRS FOR LAYOUT AND DESIGN:EARL LOUIE M.MASACAYAN &THEENA C.MARTINEZ
U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o C i v i l
Q: Cabanilla filed a complaint against Atty.
Cristal-Tenorio with the IBP, alleging that he
never appeared before her when she notarized
the deed of sale of his house, and that the
signatures appearing opposite their respective
names were forgeries. Did Atty. Cristal-Tenorio
fail to comply with the mandates of the law
when she notarized the deed of sale without thecomplainant and his children? Does such failure
warrant the revocation of her notarial
commission?
A: Yes. Under Section 1(a) of Act 2103, a notary
public taking the acknowledgment in a document
or instrument is mandated to certify that the
person acknowledging the instrument or
document 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. To
"acknowledge before" means to avow; to own as
genuine, to assert, to admit; and "before" means
in front or preceding in space or ahead of. A party
acknowledging must appear before the notary
public. A notary public should not notarize a
document unless the persons who signed the
same are the very same persons who executed
and personally appeared before the said notary
public to attest to the contents and truth of what
are stated therein. The presence of the parties to
the deed making the acknowledgment will enable
the notary public to verify the genuineness of the
signature of the affiant. A notary public is
enjoined from notarizing a fictitious or spurious
document. The function of a notary public is,
among others, to guard against any illegal deed.
(Cabanilla v. Cristal-Tenorio, A.C. No. 6139, Nov.
11, 2003)
Oaths and Affirmations
Q: What is affirmation or oath?
A: It refers to an act in which an individual on a
single occasion:
1. Appears in person before the notarypublic;
2. Is personally known to the notary publicor identified by the notary public through
competent evidence of identity as defined
by the Rules on Notarial Practice; and
3. Avows under penalty of law to the wholetruth of the contents of the instrument or
document. (Sec. 2,Rule II,A.M. No. 02-8-
13-SC)
Republic Act No. 9406.
March 23, 2007.
AN ACT REORGANIZING AND
STRENGTHENING THE PUBLIC ATTORNEY'S
OFFICE (PAO), AMENDING FOR THE PURPOSE
PERTINENT PROVISIONS OF EXECUTIVE ORDER
NO. 292, OTHERWISE KNOWN AS THE
"ADMINISTRATIVE CODE OF 1987", AS
AMENDED, GRANTING SPECIAL ALLOWANCE TO
PAO OFFICIALS AND LAWYERS, AND PROVIDINGFUNDS THEREFOR
Section 8. Sections 41 and 42, Chapter 10, Book I
of the same Code, as amended, is hereby further
amended to read as follows:
Q: Who are the officers authorized to administer
oaths?
A:The following officers have general authority to
administer oaths:
1. President;2. Vice-President;3. Members and Secretaries of both Houses
of the Congress;
4. Members of the Judiciary;5. Secretaries of Departments;6. provincial governors and lieutenant-
governors;
7. City mayors;8. Municipal mayors;9. Bureau directors;10. Regional directors;11. Clerk of courts;12. Registrars of deeds;13. Other civilian officers in the public service
of the government of the Philippines
whose appointments are vested in the
President and are subject to confirmation
by the Commission on Appointments;
14. All other constitutional officers;15. PAO lawyers in connection with the
performance of duty; and
16. notaries public. (Sec. 41)Q: What is the rule regarding the duty to
administer oaths?
A: Officers authorized to administer oaths, with
the exception of notaries public, municipal judges
and clerks of court, are not obliged to administer
oaths or execute certificates save in matters of
official business or in relation to their functions as
such; and with the exception of notaries public,
the officer performing the service in those
matters shall charge no fee, unless specifically
authorized by law. (Section 42)
Note: P.A.O. Lawyers now have the authority to
administer oaths, provided it is in connection with
the performance of their duties.
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UST Golden Notes 2011
138LEGAL ETHICS TEAM:
ADVISER:JUDGE PHILIP A.AGUINALDO &ATTY.MARIAN JOANNE K.CO-PUA
SUBJECT HEAD:THEENA C.MARTINEZ;ASST.SUBJECT HEADS:JEANELLE C.LEE;DIVINE C.TEE
MEMBERS:MARINETHEASTER AN D.AYOS,MARC ROBY G. DE CHAVEZ,JOANNA PENADA,GRETCHENC.SY
The fiscal or the state prosecutor has the authority
to administer oaths. (R.A. No. 5180, as amended by
P.D. 911)
Jurats
Q: What is a jurat?
A: It refers to an act in which an individual on asingle occasion:
1. Appears in person before the notarypublic and presents an instrument or
document;
2. Is personally known to the notary publicor identified by the notary public through
competent evidence of identity as defined
by the Rules on Notarial Practice;
3. Signs the instrument or document in thepresence of the notary; and
4. Takes an oath or affirmation before thenotary public as to such instrument or
document. (Sec. 6, Rule II, A.M. 02-8-13-
SC)
Note: A jurat is not a part of a pleading but merely
evidences the fact that the affidavit was properly
made. The claim or be.lief of Atty. Dela Rea that the
presence of petitioner Gamido was not necessary for
the jurat because it is not an acknowledgment is
patently baseless. If this had been his belief since he
was first commissioned as a notary public, then he
has been making a mockery of the legal solemnity of
an oath in a jurat. Notaries public and others
authorized by law to administer oaths or to take
acknowledgments should not take for granted the
solemn duties appertaining to their offices. Such
duties are dictated by public policy and are
impressed with public interest. (Gamido v. Bilibid
Prisons Officials, G.R. No. 114829, Mar. 1, 1995)
Q: Distinguish acknowledgement from jurat.
A:
ACKNOWLEDGMENT JURAT
Act of one who has
executed a deed, in
going to some
competent officer or
court and declaring it
to be his act or deed.
The notary public or
officer taking the
acknowledgement
shall certify that the
person
acknowledging the
instrument or
document is known
to him and he is the
That part of an
affidavit in which the
notary public or
officer certifies that
the instrument was
sworn to before him.
It is not part of a
pleading but merely
evidences the fact
that the affidavit was
properly made.
same person who
executed it and
acknowledged that
the same is his free
act and deed.
Two-fold purpose: to
authorize the deed to
be given in evidence
without further proof
of its execution, and,
to entitle it to be
recorded.
Purpose:
Gives the document a
legal character.
Where used:
1. To authenticate an
agreement between
two or more persons;
or
2. Where the
document contains a
disposition of
property.
Where used:
1. Affidavits;
2. certifications;
3. Whenever the
person executing
makes a statement of
facts or attests to the
truth of an event,
under oath.
E.g. The
acknowledgement in
a deed of lease of
land.
E.g. An affidavit
subscribed before a
notary public or public
official authorized for
the purpose.
Note: If a document is certified by way of jurat,
instead of acknowledgement, the document is a
private one. Hence, to be admissible as evidence,
the same must be offered and proven in accordance
with the Rules on Evidence.
Signature Witnessing
Q: What is signature witnessing?
A: It refers to a notarial act in which an individual
on a single occasion:
1. Appears in person before the notarypublic and presents an instrument or
document;
2. Is personally known to the notary publicor identified by the notary public through
competent evidence of identity as defined
by the Rules on Notarial Practice; and
3. Signs the instrument or document in thepresence of the notary public. (Sec. 14,
Rule II, A. M. No. 02-8-13-SC)
Q: Is a notary public authorized to certify the
affixing of a signature by thumb or other mark
on an instrument or document presented for
notarization?
A: Yes. It is also within the powers of a notary
public, provided:
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Legal EthicsNotarial Practice
13ACADEMICS CHAIR:LESTER JAY ALAN E.FLORES II
VICE CHAIRS FOR ACADEMICS:KARENJOY G.SABUGO &JOHN HENRY C.MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE:JEANELLE C.LEE
VICE CHAIRS FOR LAYOUT AND DESIGN:EARL LOUIE M.MASACAYAN &THEENA C.MARTINEZ
U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o C i v i l
1. The thumb or other mark is affixed in thepresence of the notary public and of two
(2) disinterested and unaffected witnesses
to the instrument or document;
2. Both witnesses sign their own names inaddition to the thumb or other mark;
3. The notary public writes below the thumbor other mark: thumb or other markaffixed 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 signatureby thumb or other mark through an
acknowledgment, jurat or signature
witnessing. (Sec. 1(b), Rule IV, A.M. No.
02-8-13-SC) (1995 Bar Question)
Q: Is a notary public authorized to sign on behalf
of a person who is physically unable to sign or
make a mark on an instrument or document?
A: Yes. It likewise falls within the powers of a
notary public, provided:
1. The notary public is directed by the personunable to sign or make a mark to sign on
his behalf;
2. The signature of the notary public isaffixed in the presence of 2 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
the presence of (names and addresses of
person and 2 witnesses), and
5. The notary public notarizes his signatureby acknowledgment or jurat. (Sec. 1(c),
Rule IV, A.M. 02-8-13-SC) (1995 Bar
Question)
Copy Certifications
Q: What is copy certification?
A: It refers to a notarial act in which a notary
public:
1. Is presented with an instrument ordocument that is neither a vital record, a
public record, nor publicly recordable;
2. Copies or supervises the copying of theinstrument or document;
3. Compares the instrument or documentwith the copy; and
4. Determines that the copy is accurate andcomplete. (Sec. 4, Rule II, A.M. 02-8-13-SC)
Note: The document copied must be an original
document. It cannot be a copy itself.
Q: How should a notary public notarize a paper
instrument or document?
A: In notarizing a paper instrument or document,
a notary public shall:1. Sign by hand on the notarial certificate
only the name indicated and as appearing
on the notary's commission;
2. Not sign using a facsimile stamp orprinting device; and
3. Affix his official signature only at the timethe notarial act is performed.(Sec. 1, Rule
VII, A.M. 02-8-13-SC)
Q: What are the effects of notarization?
A:
1. The notary, in effect, proclaims to theworld that:
a. All the parties therein personallyappeared before him;
b. They are personally known to him;c. They are the same persons who
executed the instrument;
d. He inquired into the voluntariness ofthe execution of the instrument;
e. They acknowledge personally beforehim that they voluntarily and freely
executed the same.
2. Converts a private document into a publicone and renders it admissible in court
without further proof of its authenticity.
3. Documents enjoy a presumption ofregularity. It constitutes prima facie
evidence of the facts which give rise to
their execution and of the date of said
execution, but not of the truthfulness of
the statement.
Note: The reason for the presumption is that the law
assumes that the act which the officer witnessed
and certified to or the date written by him are not
shown to be false since notaries are public officers.
Note: A notarial document is by law entitled to full
faith and credit upon its face and, for this reason,
notaries public must observe with utmost care the
basic requirements in the performance of their
duties, lest, the confidence of the public in the
integrity of the document will be undermined.
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UST Golden Notes 2011
140LEGAL ETHICS TEAM:
ADVISER:JUDGE PHILIP A.AGUINALDO &ATTY.MARIAN JOANNE K.CO-PUA
SUBJECT HEAD:THEENA C.MARTINEZ;ASST.SUBJECT HEADS:JEANELLE C.LEE;DIVINE C.TEE
MEMBERS:MARINETH EASTER AN D.AYOS,MARC ROBY G. DE CHAVEZ,JOANNA PENADA,GRETCHEN C.SY
Q: What is a notarial certificate?
A: It refers to the part of, or attachment to a
notarized instrument or document that is
completed by the notary public which bears the
notary's signature and seal, and states the facts
attested to by the notary public in a particular
notarization as provided for by the Rules onNotarial Practice. (Sec. 8, Rule II, A. M. No. 02-8-
13)
Note:Loose notarial certificate refers to a notarial
certificate that is attached to a notarized instrument
or document.
Note: "Official seal" or "seal" refers to a device for
affixing a mark, image or impression on all papers
officially signed by the notary public conforming the
requisites prescribed by the Rules on Notarial
Practice. (Sec. 13,Rule II, A.M. No. 02-8-13-SC)
Q: What must the notarial certificate contain?
A:
1. The name of the notary public as exactlyindicated in the commission;
2. The serial number of the commission ofthe notary public;
3. The words "Notary Public" and theprovince or city where the notary public is
commissioned, the expiration date of the
commission, the office address of the
notary public; and
4. The roll of attorney's number, the
professional tax receipt number and the
place and date of issuance thereof, andthe IBP membership number. (Sec. 2, Rule
VIII, A.M. 02-8-13-SC)
Note: A notary public shall not:
a. execute a certificate containing information
known or believed by the notary to be false.
b. affix an official signature or seal on a
notarial certificate that is incomplete.
Q: What are the limitations to the performance
of a notarial act of a notary public?
A: A person shall not perform a notarial act if:
1. The person involved as signatory to theinstrument or document is:
a. Not in the notary's presencepersonally at the time of the
notarization; and (Sec. 2(b)(1), Rule
IV, A.M. No. 02-8-13-SC)
b. Not personally known to the notarypublic or otherwise identified by the
notary public through competent
evidence of identity as defined by the
Rules on Notarial Practice. (Sec.
2(b)(2), Rule IV, A.M. No. 02-8-13-SC)
c. The document is blank or incomplete;(Sec.6(a) Rule IV, A.M. 02-8-13-SC)
d. An instrument or document iswithout appropriate notarialcertification. (Sec. 6, Rule IV, A.M. 02-
8-13-SC)
Q: Engineer Cynthia de la Cruz Catalya filed an
application for building permit in connection
with the renovation of a building situated on a
lot owned by her brother Rolando de la Cruz.
One of the documents required in the processing
of the application was an affidavit to be
executed by the lot owner. Since Rolando de la
Cruz was a resident abroad, an affidavit was
prepared wherein it was made to appear that he
was a resident of Leyte; that he was the owner
of the lot whereon the building subject of the
application for the issuance of a building permit
was situated.
Atty. Francisco Villamor notarized the purported
affidavit. According to him, a Chinese mestizo
appeared in his law office one time, requesting
that his affidavit be notarized. Said person
declared that he was Rolando de la Cruz.
Atty. Villamor then asked for the production of
his residence certificate, but he said, he did not
bother to bring the same along with him
anymore as, he has already indicated his serial
number, in the jurat portion together with the
date of issue and place of issue. Did Atty.
Francisco Villamor commit a violation of notarial
law?
A: Yes. It is the duty of the notarial officer to
demand that the document presented to him for
notarization should be signed in his presence. By
his admission, the affidavit was already signed by
the purported affiant at the time it was presented
to him for notarization. Atty. Villamor thus failed
to heed his duty as a notary public to demand
that the document for notarization be signed in
his presence. (Traya Jr. v. Villamor, A.C. No. 4595,
Feb. 6, 2004)
Q: During their lifetime, the Spouses Villanueva
acquired several parcels of land. They were
survived by their 5 children: Simeona, Susana,
Maria, Alfonso, and Florencia.
Alfonso executed an Affidavit of Adjudication
stating that as the only surviving son and sole
heir of the spouses, he was adjudicating to
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Legal EthicsNotarial Practice
14ACADEMICS CHAIR:LESTER JAY ALAN E.FLORES II
VICE CHAIRS FOR ACADEMICS:KARENJOY G.SABUGO &JOHN HENRY C.MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE:JEANELLE C.LEE
VICE CHAIRS FOR LAYOUT AND DESIGN:EARL LOUIE M.MASACAYAN &THEENA C.MARTINEZ
U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o C i v i l
himself a parcel of land. Thereafter, he executed
a Deed of Absolute Sale, conveying the property
to Adriano Villanueva. Atty. Salud
Beradio appeared as notary public on both the
affidavit of adjudication and the deed of sale.
Atty. Beradio knew of the falsity of Alfonsos
statement.
Florencia and descendants of the other children
of the spouses were still alive at the time of
execution of both documents. Was there a
failure to discharge properly the duties of a
notary public?
A: Yes.Atty. Beradios conduct breached the Code
of Professional Responsibility, which requires
lawyers to obey the laws of the land and promote
respect for the law and legal processes as well as
Rule 1.01 of the Code which proscribes lawyers
from engaging in unlawful, dishonest, immoral, or
deceitful conduct.
She herself admitted that she knew of the falsity
of Alfonsos statement that he was the sole heir
of the spouses. She therefore notarized a
document while fully aware that it contained a
material falsehood. The affidavit of adjudication is
premised on this very assertion. By this
instrument, Alfonso claimed a portion of his
parents estate all to himself, to the exclusion of
his co-heirs. Shortly afterwards, Atty. Beradio
notarized the deed of sale, knowing that the deed
took basis from the unlawful affidavit of
adjudication. (Heirs of the Late Spouses Lucas v.
Atty. Beradio, A.C. No. 6270, Jan. 22, 2007)
Note: Where admittedly the notary public has
personal knowledge of a false statement or
information contained in the instrument to be
notarized, yet proceeds to affix his or her notarial
seal on it, the court must not hesitate to discipline
the notary public accordingly as the circumstances of
the case may dictate. Otherwise, the integrity and
sanctity of the notarization process may be
undermined and public confidence on notarial
documents diminished. (Ibid)
Q: When is a notary public disqualified from
performing a notarial act?
A: When the notary public:
1. Is a party to the instrument or documentthat is to be notarized;
2. Will receive, as a direct or indirect result,any commission, fee, advantage, right,
title, interest, cash, property, or other
consideration, except as provided by the
Rules on Notarial Practice and by law; or
3. Is a spouse, common-law partner,ancestor, descendant, or relative by
affinity or consanguinity of the principal
within the fourth civil degree. (Sec. 3, Rule
IV, A.M. No. 02-8-13-SC) (1995 Bar
Question)Note: The function of a notary public is, amongothers, to guard against any illegal or immoral
arrangements. That function would be defeated if
the notary public is 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. It would place
him in an inconsistent position, and the very purpose
of the acknowledgment, which is to minimize fraud,
would be thwarted. (Villarin v. Sabate, A.C. No. 3224,
Feb. 9, 2000)
Q: When may a notary public refuse to notarize
even if the appropriate fee is tendered?
A:
1. The notary knows or has good reason tobelieve that the notarial act or transaction
is unlawful or immoral;
2. The signatory shows a demeanor whichengenders 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;
3. In the notary's judgment, the signatory isnot acting of his or her own free will; (Sec.
4, Rule V, A.M. No. 02-8-13-SC) or
4. If the document or instrument to benotarized is considered as an improperdocument by the Rules on Notarial
Practice.
Note: Improper instrument/document is a blank or
incomplete instrument or an instrument or
document without appropriate notarial certification.
(Sec. 6, Rule V, A.M. No. 02-8-13-SC)
D. NOTARIAL REGISTER
Q: What is a Notarial Register?
A: It refers to a permanently bound book with
numbered pages containing a chronologicalrecord of notarial acts performed by a notary
public.(Sec. 5, Rule II, A.M. No. 02-8-13-SC)
Q: What is the form of notarial register?
A: A notary public shall keep, maintain, protect
and provide for lawful inspection as provided in
these Rules, a chronological official notarial
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UST Golden Notes 2011
142LEGAL ETHICS TEAM:
ADVISER:JUDGE PHILIP A.AGUINALDO &ATTY.MARIAN JOANNE K.CO-PUA
SUBJECT HEAD:THEENA C.MARTINEZ;ASST.SUBJECT HEADS:JEANELLE C.LEE;DIVINE C.TEE
MEMBERS:MARINETH EASTER AN D.AYOS,MARC ROBY G. DE CHAVEZ,JOANNA PENADA,GRETCHEN C.SY
register of notarial acts consisting of a
permanently bound book with numbered pages.
The register shall be kept in books to be furnished
by the Solicitor General to any notary public upon
request and upon payment of the cost thereof.
The register shall be duly paged, and on the first
page, the Solicitor General shall certify thenumber of pages of which the book consists.
For purposes of this provision, a Memorandum of
Agreement or Understanding may be entered into
by the Office of the Solicitor General and the
Office of the Court Administrator. (Sec. 1(a), Rule
VI, A.M. No. 02-8-13-SC)
Q: How many notarial register may a notary
public keep?
A: A notary public shall keep only one active
notarial register at any given time. (Sec. 1(b), Rule
VI, A.M. No. 02-8-13-SC)
Q: What information should be entered in the
notarial register?
A:
a. For every notarial act, the notary shallrecord in the notarial register at the time
of notarization the following:
1. the entry number and page number;2. the date and time of day of the
notarial act;
3. the type of notarial act;4. the title or description of the
instrument, document or proceeding;
5. the name and address of eachprincipal;
6. the competent evidence of identityas defined by these Rules if the
signatory is not personally known to
the notary;
7. the name and address of eachcredible witness swearing to or
affirming the person's identity;
8. the fee charged for the notarial act;9. the address where the notarization
was performed if not in the notary's
regular place of work or business;
and
10. any other circumstance the notarypublic may deem of significance or
relevance.(Sec. 2(a), Rule VI, A.M. No.
02-8-13-SC)
b. In case of failure to complete a notarial
act, record in the notarial register the
reasons and circumstances for not
completing a notarial act (Sec. 2(b), Rule
VI, A.M. No. 02-8-13-SC)
c. the circumstances of any request to
inspect or copy an entry in the notarial
register, including the requester's name,
address, signature, thumbmark or otherrecognized identifier, and evidence of
identity. (Sec.2(c),Rule VI, A.M. No. 02-8-
13-SC)
Note: The reasons for refusal to allow
inspection or copying of a journal entry
shall also be recorded. (Ibid.)
d. When the instrument or document is a
contract, keep an original copy thereof as
part of his records and enter in said
records a brief description of the
substance thereof and shall give to each
entry a consecutive number, beginningwith number one in each calendar year.
(Sec.2(d),Rule VI, A.M. No. 02-8-13-SC)
Note: He shall also retain a duplicate
original copy for the Clerk of Court.
(Ibid.)
e. In case of a protest of any draft, bill of
exchange or promissory note, make a full
and true record of all proceedings in
relation thereto and shall note therein
whether the demand for the sum of
money was made, by whom, when, and
where; whether he presented such draft,bill or note; whether notices were given,
to whom and in what manner; where the
same was made, when and to whom and
where directed; and of every other fact
touching the same. (Sec. 2(f), Rule VI, A.M.
No. 02-8-13-SC)
f. At the end of each week, the notary public
shall certify in his notarial register the
number of instruments or documents
executed, sworn to, acknowledged, or
protested before him; or if none, this
certificate shall show this fact. (Sec. 2(g),
Rule VI, A.M. No. 02-8-13-SC)
Note: A certified copy of each month's entries and a
duplicate original copy of any instrument
acknowledged before the notary public shall, within
the first ten (10) days of the month following, be
forwarded to the Clerk of Court and shall be under
the responsibility of such officer. If there is no entry
to certify for the month, the notary shall forward a
statement to this effect in lieu of certified copies
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Legal EthicsNotarial Practice
14ACADEMICSCHAIR:LESTER JAY ALAN E.FLORES II
VICE CHAIRS FOR ACADEMICS:KARENJOY G.SABUGO &JOHN HENRY C.MENDOZA
VICE CHAIR FOR MANAGEMENT ANDFINANCE:JEANELLE C.LEE
VICE CHAIRS FOR LAYOUT AND DESIGN:EARL LOUIE M.MASACAYAN &THEENA C.MARTINEZ
U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o C i v i l
herein required. (Sec. 2(h), Rule VI, A.M. No. 02-8-13-
SC)
Note: The notary public shall give to each instrument
or document executed, sworn to, or acknowledged
before him a number corresponding to the one in his
register, and shall also state on the instrument or
document the page/s of his register on which thesame is recorded. No blank line shall be left between
entries. (Sec. 2(e), Rule VI, A.M. No. 02-8-13-SC)
Q: Who shall sign or affix a thumbmark in the
notarial register?
A: At the time of notarization, the notary's
notarial register shall be signed or a thumb or
other mark affixed by each:
a. principal;b. credible witness swearing or affirming
to the identity of a principal; and
c. witness to a signature by thumb orother mark, or to a signing by thenotary public on behalf of a person
physically unable to sign. Sec. 3,Rule VI,
A.M. No. 02-8-13-SC)
Q: Can any person inspect an entry in the
notarial register?
A: Yes, provided:
1. The inspection is made in the notaryspresence;
2. During regular business hours3. The person's identity is personally known
to the notary public or proven through
competent evidence of identity as definedin these Rules;
4. The person affixes a signature and thumbor other mark or other recognized
identifier, in the notarial .register in a
separate, dated entry;
5. The person specifies the month, year, typeof instrument or document, and name of
the principal in the notarial act or acts
sought; and
6. The person is shown only the entry orentries specified by him. (Sec.4(a), Rule VI,
A.M. No. 02-8-13-SC)
Q: May a law enforcement officers examine thenotarial register?
A: Yes, the notarial register may be examined by a
law enforcement officer in the course of an
official investigation or by virtue of a court order.
(Sec. 4(b), Rule VI, A. M. No. 02-8-13-SC)
Note: The notary public shall supply a certified true
copy of the notarial record, or any part thereof, to
any person applying for such copy upon payment of
the legal fees. (Sec. 6, Rule VI, A. M. No. 02-8-13-
SC)
Q: May a notary public refuse the request of
inspection for register of deeds?
A: Yes. if the notary public has a reasonableground to believe that a person has a criminal
intent or wrongful motive in requesting
information from the notarial register, the notary
shall deny access to any entry or entries therein.
(Sec. 4(c), Rule VI, A. M. No. 02-8-13-SC)
Q: State the rule in case of loss, destruction or
damage of notarial register.
A:
1. In case the notarial register is stolen, lost,destroyed, damaged, or otherwise
rendered unusable or illegible as a record
of notarial acts, the notary public shall,within ten (10) days after informing the
appropriate law enforcement agency in
the case of theft or vandalism, notify the
Executive Judge by any means providing a
proper receipt or acknowledgment,
including registered mail and also provide
a copy or number of any pertinent police
report.
2. Upon revocation or expiration of a notarialcommission, or death of the notary public,
the notarial register and notarial records
shall immediately be delivered to the
office of the Executive Judge. (Sec. 5, Rule
VI, A. M. No. 02-8-13-SC)
E. JURISDICTION OF NOTARY PUBLIC AND PLACE
OF NOTARIZATION
Q: What is the jurisdiction of a notary public?
A: A notary public may perform notarial acts in
any place within the territorial jurisdiction of the
commissioning court.
Q: What is the phrase regular place of work or
business of a notary public mean?
A: The regular place of work or business refers to
a stationary office in the city or province wherein
the notary public renders legal and notarial
services. (Sec. 11, Rule II, 2004 Rules on Notarial
Practice)
Note: Under the Notarial Law, the jurisdiction of a
notary public is co-extensive with the province for
which he was commissioned; and for the notary
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UST Golden Notes 2011
144LEGAL ETHICS TEAM:
ADVISER:JUDGE PHILIP A.AGUINALDO &ATTY.MARIAN JOANNE K.CO-PUA
SUBJECT HEAD:THEENA C.MARTINEZ;ASST.SUBJECT HEADS:JEANELLE C.LEE;DIVINE C.TEE
MEMBERS:MARINETH EASTER AN D.AYOS,MARC ROBY G. DE CHAVEZ,JOANNA PENADA,GRETCHEN C.SY
public in the city of Manila, the jurisdiction is co-
extensive with said city. Circular 8 of 1985, however,
clarified further that the notary public may be
commissioned for the same term only by one court
within the Metro Manila region.
Q: Can a notary public perform a notarial act
outside his jurisdiction and his regular place ofwork or business?
A:
GR: A notary public shall notperform a notarial
act outside his jurisdiction and his regular place
of work or business.
XPN: A notarial act may be performed at the
request of the parties in the following sites,
other than his regular place of work or
business, located within his territorial
jurisdiction:
1. Public offices, convention halls, andother appropriate public places for the
purpose of administering oaths of
office; (Sec. 2, Rule IV, A. M. No. 02-8-
13-SC)
2. At the request of the parties, publicfunction areas in hotels and other
appropriate places for the signing of the
contracts, deeds, and other documents
requiring notarization; (Ibid.)
3. Residence of any party of a contract,deed, or other document requiring
notarization; (Ibid.)
4. Hospitals and other medical institutionswhere a party to a contract is confinedfor treatment; (Ibid.)
5. Any place where for legal reason a partyto a contract, deed, or other document
requiring notarization may be confined,
(Ibid.) and;
6. Such other places as may be dictatedbecause of emergency.(1996 Bar
Question)
Note: It is improper for a notary public to notarize
documents in sidewalk since it is now required that a
notary public should maintain a regular place of
work or business within the city or province where
he is commissioned. The SC evidently wants toeradicate the practice of fly by night notaries
public who notarized documents in improvised
offices.
F. COMPETENT EVIDENCE OF IDENTITY
Note: Competent evidence of identity is not required
in cases where the affiant is personally known to the
Notary Public. (Amora, Jr. v. Comelec, G.R. No.
192280, January 25, 2011)
Q: What is competent evidence of identity?
A: It refers to the identification of an individual
based on:
1. At least one current identificationdocument issued by an official agency
bearing the photograph and signature of
the individual such as but not limited to:
a. Passport,b. Drivers license,c. Professional Regulation Commission
ID,
d. National Bureau of Investigationclearance,
e. Police clearance,f. Postal ID,g. Voters ID,h. Barangay Certification,i. Government Service Insurance
System e-card,
j. Social Security System card,k. Philhealth card,l. Senior Citized card,m. Overseas Workers Welfare
Administration (OWWA) ID,
n. OFW ID,o. sea mans book,p. alien certificate of registration,q. government office ID,r. certification from the National
Council for the Welfare of Disabled
Persons (NCWDP),
s. Department of Social WelfareDevelopment (DSWD) certification; or
2. The oath or affirmation of one crediblewitness 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.
(Amendment to Sec. 12 (a), Rule II of the
2004 Rules on Notarial Practice, Feb. 19,
2008).
Note: These are in addition to the presentation of
the signatories Community Tax Certificate (CTC) as
required by Notarial Law (Act 2711).
Notaries public are required by the Notarial Law to
certify that the party to the instrument has
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Legal EthicsNotarial Practice
14ACADEMICSCHAIR:LESTER JAY ALAN E.FLORES II
VICE CHAIRS FOR ACADEMICS:KARENJOY G.SABUGO &JOHN HENRY C.MENDOZA
VICE CHAIR FOR MANAGEMENT ANDFINANCE:JEANELLE C.LEE
VICE CHAIRS FOR LAYOUT AND DESIGN:EARL LOUIE M.MASACAYAN &THEENA C.MARTINEZ
U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o C i v i l
acknowledged and presented before the notaries
public the proper residence certificate (or exemption
from the residence certificate) and to enter its
number, place, and date of issue as part of
certification. Sec. 12, Rule II of the 2004 Rules on
Notarial Practice now requires a party to the
instrument to present competent evidence of
identity. (Legaspi v. Atty. Dimaano, Jr., A.C. No. 7781,Sept. 12, 2008)
Q: Is a community tax certificate still a
competent evidence of identity?
A: No. A notary public can no longer accept a
cedula or a community tax certificate (CTC), the
successor document to the residence certificate
originally required by the Notarial Law as proof of
identity. Such does not even contain a
photograph of the person to whom it is issued.
Further, CTC may be easily obtained by anyone,
without any supporting papers, thereby debasing
its value as an identity document.
Note: In the list of grounds for disqualification of
persons running for any local elective position under
Section 40 of the LGC, nowhere therein does it
specify that a defective notarization is a ground for
the disqualification of a candidate. Thus,
presentation of CTC before the notary public, in
compliance with the requirement of presentation of
competent evidence of identity, though improper,
does not in itself warrant the disqualification of a
candidate to run for any elective position. (Amora,
Jr. v. Comelec, G.R. No. 192280, January 25, 2011)
Q: Is the presentation of Community Tax
Certificate no longer necessary in view of the
amendment?
A: No. Its presentation is still mandatory pursuant
to Local Government Code of the Philippines in
order to show payment of taxes. Said law
provides:
When an individual subject to the community
tax acknowledges any document before a notary
public, takes the oath of office upon election or
appointment to any position in the government
service; receives any license, certificate, or permit
from any public authority; pays any tax or fee;
receives any money from any public fund;
transacts other official business; or receives any
salary or wage from any person or corporation, it
shall be the duty of any person, officer, or
corporation with whom such transaction is made
or business done or from whom any salary or
wage is received to require such individual to
exhibit the community tax certificate. (Sec. 163,
LGC)
Q: Atty. Regino Tamabago notarized a last will
and testament under which, the decedent
supposedly bequeathed his entire estate to his
wife, save for a parcel of land which he devised
to Vicente Lee, Jr. and Elena Lee, half siblings of
Manuel Lee, the complainant.
The will was purportedly executed andacknowledged before respondent on June 30,
1965. However, the residence certificate of the
testator noted in the acknowledgment of the
will was dated January 5, 1962. There is also
absence of notation of the residence certificates
of the purported witnesses. Did Atty. Regino
Tamabago violate any of the duties of a notary
public?
A: Atty. Tamabago, as notary public, evidently
failed in the performance of the elementary
duties of his office.There is absence of a notation
of the residence certificates of the notarial
witnesses in the will in the acknowledgment.
Further, the notation of the testators old
residence certificate in the same
acknowledgment was a clear breach of the law.
The Notarial Law then in force required the
exhibition of the residence certificate upon
notarization of a document or instrument. By
having allowed decedent to exhibit an expired
residence certificate, Atty. Tamabago failed to
comply with the requirements of the old Notarial
Law. As much could be said of his failure to
demand the exhibition of the residence
certificates of notarial witnesses.
Defects in the observance of the solemnities
prescribed by law render the entire will invalid.
(Manuel Lee v. Atty. Regino Tamabago, A.C. No.
5281, Feb. 12,2008)G. REVOCATION OF COMMISSION AND
DISCIPLINARY SANCTIONS
Q: Who can revoke a notarial commission?
A: The notarial commission may be revoked by
1. The Executive Judge of the RTC who issuedthe commission on any ground on which
an application for commission may be
denied (Sec. 1, Rule XI, A.M. No. 02-8-13-
SC,) or;
2. By the Supreme Court itself in the exerciseof its general supervisory powers over
lawyer.
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146LEGAL ETHICS TEAM:
ADVISER:JUDGE PHILIP A.AGUINALDO &ATTY.MARIAN JOANNE K.CO-PUA
SUBJECT HEAD:THEENA C.MARTINEZ;ASST.SUBJECT HEADS:JEANELLE C.LEE;DIVINE C.TEE
MEMBERS:MARINETH EASTER AN D.AYOS,MARC ROBY G. DE CHAVEZ,JOANNA PENADA,GRETCHEN C.SY
Q: What are the grounds for revocation of
notarial commission?
A: The executive Judge shall revoke a notarial
commission for any ground on which an
application for a commission may be denied.
In addition, the Executive Judge may revoke thecommission of, or impose appropriate
administrative sanctions upon, any notary public
who:
1. Fails to keep a notarial register;2. Fails to make the proper entry or entries
in his notarial register concerning his
notarial acts;
3. Fails to send the copy of the entries to theExecutive Judge within the first ten (10)
days of the month following;
4. Fails to affix to acknowledgments the dateof expiration of his commission;
5. Fails to submit his notarial register, whenfilled, to the Executive Judge;
6. Fails to make his report, within areasonable time, to the Executive Judge
concerning the performance of his duties,
as may be required by the judge;
7. Fails to require the presence of a principalat the time of the notarial act;
Note: "Principal" refers to a person
appearing before the notary public whose
act is the subject of notarization.
8. Fails to identify a principal on the basis ofpersonal knowledge or competentevidence;
9. Executes a false or incomplete certificateunder Section 5, Rule IV;
10. Knowingly performs or fails to performany other act prohibited or mandated by
these Rules; and
11. Commits any other dereliction or actwhich in the judgment of the Executive
Judge constitutes good cause for
revocation of commission or imposition of
administrative sanction.(Sec. 1, Rule XI,
Rule on Notarial Practice)
Q: What are punishable acts under the 2004Rules on Notarial Practice?
A: The Executive Judge shall cause the
prosecution of any person who knowingly:
1. Acts or otherwise impersonates a notarypublic;
2. Obtains, conceals, defaces, or destroys theseal, notarial register, or official records of
a notary public; and
3. Solicits, coerces, or in any way influences anotary public to commit official
misconduct. (Sec. 1, Rule XII, Rule on
Notarial Practice)
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Judicial Ethics - Preliminary
14ACADEMICS CHAIR:LESTER JAY ALAN E.FLORES II
VICE CHAIRS FOR ACADEMICS:KARENJOY G.SABUGO &JOHN HENRY C.MENDOZA
VICE CHAIR FOR MANAGEMENT AND FINANCE:JEANELLE C.LEE
VICE CHAIRS FOR LAYOUT AND DESIGN:EARL LOUIE M.MASACAYAN&THEENA C.MARTINEZ
U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o C i v i l
J U D I C I A L E T H I C S
I. PRELIMINARY
A. CONCEPT
Q: What is judicial ethics?
A: It is the branch of moral science which treats of
the right and proper conduct to be observed by
all judges in trying and deciding controversies
brought before them for adjudication which
conduct must be demonstrative of impartiality,
integrity, competence, independence and
freedom from improprieties. This freedom from
improprieties must be observed in both the public
and private life of a judge
being the visiblerepresentation of the law.
Q: Who is a judge?
A: Any person exercising judicial power however
designated. (New Code of Judicial Conduct)
A judge is a public officer who, by virtue of his
office, is clothed with judicial authority; A public
officer lawfully appointed to decide litigated
questions in accordance with law. (People v.
Manantan, G.R. No. L-14129, Aug. 30, 1962)
Note: This refers to persons only. There may be ajudge without a court.
Q: Who is a de jure judge?
A: One who exercises the office of a judge as a
matter of right, fully vested with all the powers
and functions conceded to him under the law.
(Luna v. Rodriguez, G.R. No. L-13744, Nov. 29,
1918)
Q: Who is a de facto judge?
A: An officer who is not fully vested with all the
powers and duties conceded to judges but, onewho exercises the office of judge under some
color of right. He has the reputation of the officer
he assumes to be, yet he has some defect in his
right to exercise judicial functions at the
particular time. (Luna v. Rodriguez, G.R. No. L-
13744, Nov. 29, 1918)
Note: There cannot be a de facto judge when there
is a de jure judge in the actual performance of the
duties of the office. Moreover, one cannot be
actually acting under any color of right when he has
ceased to be a judge and has actually vacated the
office by the acceptance of another office and by
actually entering upon the duties of the other office.
(Lino Luna v. Rodriguez and De Los Angeles, G.R. No.
L-13744, Nov. 29, 1918)
B. QUALIFICATIONS OF JUSTICES AND JUDGES.
Q: What are the qualifications of justices of the
Supreme Court or Court of Appeals?
A: One must be:
1. A natural-born citizen of the Philippines;2. At least 40 years of age;3. A person who has been, for 15 years or
more, a judge of a lower court or engaged
in the practice of law; and
4. A person of proven competence, integrity,probity and independence. (Sec. 7(2), Art.
VIII, 1987 Constitution)
Q: What are the qualifications to be a RTC judge?
A: One must be:
1. A natural-born citizen