The Supreme Court ruled that a judge cannot notarize private documents unrelated to their official duties. This decision reinforces the principle that judges must avoid any actions that could compromise their impartiality or create an appearance of impropriety. The ruling serves as a reminder to all members of the judiciary to strictly adhere to guidelines on extra-judicial activities, ensuring public trust and confidence in the legal system. It highlights the importance of maintaining a clear boundary between judicial functions and private legal practice.

Breaching Boundaries: Can a Judge’s Notarization Lead to Ethical Lapses?

This case revolves around a complaint filed against Judge Romualdo G. Buno for abuse of discretion, authority, and alleged graft and corruption. Geronimo C. Fuentes accused Judge Buno of improperly notarizing an “Extra-Judicial Partition with Simultaneous Absolute Deed of Sale” involving land owned by Fuentes’ family. At the heart of the matter is whether Judge Buno exceeded his authority as an ex-officio notary public by preparing and notarizing a private document that had no direct connection to his judicial functions. This raises critical questions about the ethical boundaries for judges and the limits of their notarial powers.

The core issue lies in the interpretation of SC Circular No. 1-90, which governs the notarial powers of Municipal Trial Court (MTC) and Municipal Circuit Trial Court (MCTC) judges. While these judges are authorized to perform notarial functions ex officio, this power is limited to documents directly related to their official duties. The circular explicitly prohibits them from preparing and acknowledging private documents and contracts that bear no direct relation to their functions as judges. This prohibition aims to prevent potential conflicts of interest and ensure that judges maintain their impartiality. Building on this principle, the Supreme Court has consistently emphasized the importance of judges regulating their extra-judicial activities to avoid any appearance of impropriety.

In this case, Judge Buno admitted to preparing and notarizing the deed of sale, arguing that he did so because there were no available notaries public in the municipality. He further claimed that he acted in good faith, believing he had the consent of all parties involved. However, the Court found that his actions violated SC Circular No. 1-90. The document he notarized was a private transaction with no connection to his official duties. Even though he may have believed there were no other notaries available, the Circular requires that the notarized document includes a certification stating the absence of lawyers or notaries public, which was not done in this case. Moreover, the fees should be turned over to the government.

The Court also noted the violation of the Rules on Notarial Practice of 2004. Specifically, Rule IV, Sec. 6(a) prohibits notarizing a document without the appropriate Special Power of Attorney (SPA) from the parties involved. In this case, Judge Buno notarized the document even though one of the parties had only granted their representative the power to mortgage the property, not to sell it. This failure to comply with notarial rules compounded the violation of SC Circular No. 1-90, reinforcing the Court’s conclusion that Judge Buno had acted improperly. Consequently, the Court emphasized the need for judges to avoid any appearance of impropriety and to adhere strictly to the rules governing their conduct.

The Court determined that Judge Buno’s actions constituted a less serious charge under Rule 140 of the Rules of Court, which deals with administrative sanctions for erring judges. As a result, he was fined P12,000.00, which was deducted from his retirement benefits. Although Judge Buno had already retired, the Court deemed it necessary to impose the fine as a measure of accountability and to underscore the importance of adhering to ethical standards within the judiciary. This decision serves as a reminder that even after retirement, judges remain accountable for their actions while in office. This is especially vital in maintaining the integrity of the Philippine legal system.

This ruling carries significant implications for judges and the public alike. It clarifies the scope of a judge’s authority to act as an ex officio notary public and underscores the importance of complying with SC Circular No. 1-90 and other relevant rules. For judges, it serves as a reminder to exercise caution and prudence in their extra-judicial activities, ensuring that they do not engage in actions that could compromise their impartiality or create an appearance of impropriety. For the public, it reinforces the principle that judges are held to a high standard of ethical conduct and are accountable for any violations of those standards.

FAQs

What was the key issue in this case?	The central issue was whether Judge Buno exceeded his authority as an ex-officio notary public by preparing and notarizing a private document unrelated to his official functions, violating SC Circular No. 1-90 and the Rules on Notarial Practice.
What is SC Circular No. 1-90?	SC Circular No. 1-90 outlines the scope of notarial powers for MTC and MCTC judges, allowing them to notarize documents only when connected to their official functions, and not private documents.
What did Judge Buno do wrong?	Judge Buno prepared and notarized an extrajudicial partition with simultaneous deed of sale which involved private parties. Further, the deed of sale did not contain a certification attesting to the lack of any lawyer or notary public.
What is the significance of being a notary public ex officio?	Being a notary public ex officio grants certain officials, like judges, the authority to perform notarial acts as part of their official duties, but this authority is limited in scope.
What are the requirements for a judge acting as a notary public ex officio in a municipality with no lawyers?	Judges must include a certification in the notarized document attesting to the absence of lawyers or notaries public in the municipality, and all notarial fees charged must be turned over to the municipal treasurer.
What was the Court’s ruling?	The Court found Judge Buno liable for violating SC Circular No. 1-90 and the Rules on Notarial Practice, and ordered him to pay a fine of P12,000.00 to be deducted from his retirement benefits.
What is the penalty for violating Supreme Court rules and circulars?	Violation of Supreme Court rules, directives, and circulars is a less serious charge punishable by suspension from office or a fine of more than P10,000.00 but not exceeding P20,000.00.
What is the effect of the judge’s retirement on the case?	Even though Judge Buno had retired, the Court still imposed the fine to underscore the importance of adhering to ethical standards within the judiciary and to serve as a reminder of accountability.

This case emphasizes the judiciary’s commitment to upholding ethical standards and maintaining public trust. The Supreme Court’s decision serves as a clear warning against exceeding the boundaries of judicial authority. By strictly enforcing these rules, the Court aims to safeguard the integrity of the legal system and prevent any potential for conflicts of interest or abuse of power.

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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: GERONIMO C. FUENTES v. JUDGE ROMUALDO G. BUNO, A.M. No. MTJ-99-1204, July 28, 2008