The Supreme Court’s decision in Benito B. Nate v. Judge Lelu P. Contreras clarifies the boundaries of a Clerk of Court’s authority as an ex-officio notary public. The Court ruled that these officials may only perform notarial acts directly related to their official functions, preventing them from engaging in private legal practice without proper authorization. This means court personnel must avoid notarizing private documents unrelated to their court duties, ensuring their primary focus remains on judicial responsibilities and public service.

Navigating Notarial Authority: When Does a Clerk’s Duty Exceed Their Reach?

The case revolves around allegations that Judge Lelu P. Contreras, while serving as Clerk of Court VI of the Regional Trial Court in Iriga City, committed grave misconduct. Complainant Atty. Benito B. Nate cited three specific instances: first, Contreras notarized an administrative complaint prepared by her father; second, she certified a labor complaint as a true copy; and third, she appeared as counsel for her father before the Integrated Bar of the Philippines (IBP) without prior authorization. These actions raised questions about the scope of a Clerk of Court’s notarial powers and the limits on engaging in private legal practice.

Clerks of court are indeed authorized to act as ex officio notaries public. This authority stems from Sections 41 and 42 of the Administrative Code of 1987, in conjunction with Section D(1), Chapter VI of the 2002 Revised Manual for Clerks of Court. Historically, this power was broad, enabling them to perform any act within the competency of regular notaries public. As the Supreme Court explained:

to administer all oaths and affirmations provided for by law, in all matters incident to his notarial office, and in the execution of affidavits, depositions, and other documents requiring an oath, and to receive the proof or acknowledgment of all writings relating to commerce or navigation x x x, and such other writings as are commonly proved or acknowledged before notaries; to act as a magistrate, in the writing of affidavits or depositions, and to make declarations and certify the truth thereof under his seal of office, concerning all matters done by him by virtue of his office.

However, this broad authority has been curtailed over time. The pivotal case of Borre v. Moya clarified that the power of ex officio notaries public is now limited to notarial acts connected to the exercise of their official functions and duties. Therefore, notarizing documents unrelated to their official roles constitutes an unauthorized notarial act, potentially amounting to unauthorized practice of law and abuse of authority.

The central question, therefore, is what constitutes an action “connected to the exercise of their official functions and duties” for ex officio notaries public. The 2002 Revised Manual for Clerks of Court provides guidance. It outlines their general administrative supervision over court personnel and their role as custodians of court funds, records, and properties. They manage administrative aspects, chronicle the court’s actions, maintain records, issue processes, and provide certified copies of court documents.

In evaluating the specific allegations against Judge Contreras, the Court focused on whether each act was directly related to her official functions. Regarding the notarization of her father’s administrative complaint, the Court found no such connection. Under Rule 139-B of the Rules of Court, disbarment and discipline proceedings against attorneys are conducted before the IBP, not the RTC where Contreras served. The Court emphasized that the applicable test is not merely whether the notarized instrument is private, but whether a relationship exists between the document and the official functions of the ex officio notary public.

Similarly, the Court determined that Contreras’s certification of her sister-in-law’s labor complaint lacked a direct connection to her official duties. Since the document was filed with the National Labor Relations Commission in Naga City, not the RTC–Iriga City, it would not have been in her custody in the regular course of her duties. Thus, while clerks of court can perform copy certifications, the act must relate to public documents and records within their official custody.

The final allegation concerned Contreras’s appearance as counsel for her father before the IBP. While court personnel’s primary employment is their full-time position in the judiciary, exceptions exist. Section 7(b) of the Code of Conduct and Ethical Standards for Public Officials and Employees, along with Rule X, Section 1(c) of its implementing rules, allows limited private practice if authorized and does not conflict with official functions. In this instance, Contreras had obtained prior authorization from the Supreme Court, satisfying the necessary conditions. Therefore, the Court found no irregularity in her representation of her father.

The Supreme Court has previously sanctioned judges and clerks of court for unauthorized notarial acts. While the documents Contreras notarized did not involve private or commercial undertakings, and given this was her first offense, the Court deemed a reprimand sufficient. This decision underscores the importance of adhering to the defined scope of notarial authority for court personnel, balancing their duties to the court with any permissible private activities.

FAQs

What was the key issue in this case?	The key issue was determining the extent of a Clerk of Court’s authority as an ex-officio notary public and whether certain actions constituted an unauthorized practice of law.
Can a Clerk of Court notarize any document?	No, a Clerk of Court’s notarial powers are limited to acts directly related to their official functions and duties, as clarified in Borre v. Moya.
What is the test for determining if a notarial act is authorized?	The test is whether there’s a direct relationship between the notarized document and the official functions and duties of the Clerk of Court.
Can court personnel ever engage in private legal practice?	Yes, but only if authorized by the Constitution, law, or regulation, and provided that such practice does not conflict with their official functions.
What should Clerks of Court consult to determine their notarial authority?	Clerks of Court should refer to the 2002 Revised Manual for Clerks of Court, which outlines their functions and duties.
What was the outcome of the case against Judge Contreras?	Judge Contreras was found liable for the unauthorized notarization of documents unrelated to her office duties and was reprimanded with a warning.
What happens if a Clerk of Court violates these rules?	Violations can lead to administrative sanctions, including fines, reprimands, or more severe penalties for repeated offenses.
Does this ruling affect regular notaries public?	No, this ruling primarily clarifies the limits on the notarial powers of court personnel acting as ex officio notaries public.
Can a Clerk of Court notarize a document for a family member?	Not if the document is unrelated to their official functions. The relationship to the parties involved is not relevant under the ruling.

The Supreme Court’s decision serves as a reminder to all court personnel of the importance of adhering to the boundaries of their authority. By limiting notarial acts to those directly related to official functions, the Court ensures that court personnel remain focused on their primary duties and responsibilities within the judicial system.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Benito B. Nate v. Judge Lelu P. Contreras, A.M. No. RTJ-15-2406, February 18, 2015