Atty. Dennis is the head of the Provincial DILG Office in Sultan Kudarat. In view of the lack of lawyers and notaries public in the province and because of numerous requests that the DILG provide a notary public, Atty. Dennis was constrained to apply for a commission from the RTC, which was granted. He was able to notarize thousands of documents and affidavits until Atty. Antonio, the only notary public in the province, charged Atty. Dennis with misconduct and violation of the CPR. Is the charge correct? Explain. (5%)
Suggested answer only. Not an official answer and not legal advice.
Yes, the charge against Atty. Dennis is correct, and he is administratively liable for misconduct. Under SC Circular No. 1-90 and settled jurisprudence, government lawyers are barred from engaging in private practice, which includes acting
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Quick check
Under SC Circular No. 1-90, what is the general rule regarding government lawyers acting as public notaries?
Government lawyers are restricted from private notarial practice and may only notarize documents related to official functions.
Why is a government lawyer's notarization of private documents considered improper unauthorized practice of law?
General notarization of private documents by government lawyers constitutes prohibited private practice of law.
What is required before a government lawyer may notarize documents not related to official duties?
Government lawyers require express permission and statutory authority to perform non-official notarial functions.
Does a shortage of private notaries in a province justify a government lawyer securing a regular notarial commission?
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What administrative charge is proper against a government lawyer who notarizes thousands of private affidavits without authority?
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Learn more about these topics
1. Government Lawyer Prohibition
Under Supreme Court Circular No. 1-90 and settled jurisprudence, lawyers in government service are strictly prohibited from engaging in the private practice of law, which includes performing general notarial services for the public. Government attorneys are only authorized to notarize documents and affidavits directly connected to the performance of their official duties. Securing a general notarial commission from a Regional Trial Court to notarize private documents for third parties constitutes unauthorized private practice of law and warrants administrative discipline.
2. Notarial Commission Limits
A notarial commission granted to a government lawyer does not confer unlimited authority to notarize private instruments. Government lawyers who obtain a notarial commission remain bound by statutory restrictions on outside employment and private practice. Even when there is a critical shortage of private notaries in a province, a government attorney cannot unilaterally expand their official functions to offer public notarial services without express statutory or administrative authorization from the appropriate department head and the Supreme Court.
3. Unauthorized Law Practice
The unauthorized practice of law includes engaging in legal activities, such as general notarization, outside statutory authority or in violation of civil service restrictions. Although notarizing documents performs a valuable public service, government officials cannot bypass civil service rules and judicial regulations prohibiting outside legal work. Doing so compromises public service integrity and constitutes gross misconduct under the Code of Professional Responsibility and Accountability, regardless of noble motives or public demand.