Conflict of Interest: Government Employees Acting as Notaries Public
(Philippine Legal Primer, April 2025)
1 | Why this matters
Notarization is an integral part of the Philippine legal system, but it is also the private practice of law. When the notary is a government employee, two public interests collide: (a) the citizen’s need for reliable notarial services and (b) the State’s demand that public officers devote themselves exclusively—and loyally—to the Government. The law resolves that tension through a complex mesh of constitutional principles, statutes, civil-service regulations, the 2004 Rules on Notarial Practice (RNP) and, since 2023, the new Code of Professional Responsibility and Accountability (CPRA). This primer stitches those sources together, tracks the jurisprudence, and offers compliance tips.
2 | Core legal texts & regulatory backdrop
| Layer | Key provisions | Effect on government employees who want to notarize |
|---|---|---|
| Constitution | Public office is a public trust (Art. XI §1) | Sets the ethical baseline for “undivided service.” |
| RA 6713 (Code of Conduct & Ethical Standards) | • Conflict of interest is expressly prohibited (Sec. 7 & 9) • Outside practice of profession barred unless authorized and non-conflicting (Sec. 7[b][2]) | Any notarial act outside official functions is presumptively disallowed without written authority. citeturn1search1 |
| Revised Omnibus Rules on Appointments (CSC) | Sec. 18: no officer “shall engage … in any private business or profession without written permission--and only if it will not impair efficiency or create a conflict.” citeturn13search0 | Written permission from the head of agency is a condition precedent to a notarial commission. |
| 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC, as amended) | RNP treats notarization as a public office that may be revoked for any “disqualifying interest,” and requires a clearance from employer if the applicant is in government service. citeturn11search1 | Judges routinely deny or later revoke a commission if the employee lacked CSC authority or if conflict surfaces. |
| CPRA 2023 (A.M. No. 22-09-01-SC) | • Sec. 21: a lawyer in government service must not practice privately unless (i) the Constitution or law allows, and (ii) there is express written authority; representation adverse to government is totally barred. • Sec. 13: blanket prohibition on conflicting interests without informed written consent. citeturn15search1 | Notarization is “practice of law”; CPRA folds earlier case law into a codified standard. |
| New e-Notary Rules 2025 (A.M. No. 24-10-14-SC) | Introduces the Electronic Notary Administrator (ENA) and remote notarization safeguards. Does not relax the conflict-of-interest bar; the same CSC & CPRA rules apply. citeturn11search0 |
3 | Is notarization “private practice”? – the Supreme Court says Yes
- Abella v. Cruzabra (A.C. No. 5688, 4 Jun 2009) – A Deputy Register of Deeds notarized ~3,000 documents without DOJ permission; the Court suspended her and underscored that “notarial practice is an extension of the practice of law; government lawyers may not engage in it without prior written authority.” citeturn6search0
- Estreller v. Mallari (G.R. No. 232094, 29 Jul 2019) – An NHA attorney took ₱30,000 for notarizing a deed. Lack of written NHA permission + compensation = violation of RA 6713 & CSC Sec. 18; six-month suspension and revocation of commission. citeturn1search1
- OCA v. Contreras (A.M. No. RTJ-15-2406, 10 Feb 2015) – A judge who, as ex-officio clerk-of-court, notarized documents unconnected with pending cases was disciplined; the Court clarified that even ex officio notaries must avoid perceived conflicts. citeturn15search4
4 | Modern twists under CPRA (2023 → 2025)
| Decision / Action | Take-away |
|---|---|
| Ascafio v. Panem, A.C. No. 13287 (21 Jun 2023) – first CPRA-era ruling; lawyer-employee’s notarial violations + conflicting interests = 1-year suspension plus 2-year notary ban. citeturn11search7 | |
| SC Press Release, 20 Mar 2024 – LGU Legal Officers – LGU legal officers may not represent local officials before the Ombudsman; same conflict principle will bar them from notarizing documents where the LGU is a party. citeturn15search8 | |
| A.C. No. 11777 (17 Oct 2024) & A.C. No. 13435 (5 Feb 2025) – CPRA’s Sec. 13 applied to invalidate notarizations done while representing inconsistent interests; notary commission revoked ipso facto. citeturn14search0turn14search4 | |
| SC, April 2025: Lawyers are not liable for stolen notarial seals unless there is proof of knowledge or negligence—important for government offices that store seals in shared spaces. citeturn2search0 |
5 | Administrative mechanics for would-be notaries in government
- Secure written authority – a one-page permit signed by the head of office, citing CSC Sec. 18 and CPRA Sec. 21.
- Attach the permit to the petition for notarial commission filed before the Executive Judge.
- Limit notarizations to:
- documents strictly necessary to official duties (e.g., affidavits of service, bid records), or
- pro-bono/charitable acts where the government has no interest and no fee is taken.
- Keep a separate logbook & seal inside the agency to avoid “roving notary” accusations.
- Renew authority annually; the CSC treats the permit as good only for the same period as the commission (one year).
Failure at any step exposes the employee to double liability—disciplinary (CSC) and professional (Supreme Court).
6 | Conflict-of-interest scenarios most often punished
| Scenario | Why it is a conflict |
|---|---|
| Notarizing deeds of sale for private clients while holding a revenue-collection post | Direct personal gain + potential tax implications for the agency. |
| Accepting fees for deeds that will later be registered in the employee’s own office (e.g., Register of Deeds staff) | Creates suspicion that registration will be expedited or facilitated. |
| LGU legal officer notarizes real-estate mortgage involving the mayor as co-mortgagor | Lawyer simultaneously serves the LGU (public) and the mayor (private). |
| Court personnel notarize pleadings filed in the same court | Violates impartiality; litigants could claim undue advantage. |
| Public Attorney notarizes affidavits for accused in a case where the PAO already represents the complainant | Imputed conflict under CPRA Sec. 22. |
7 | Sanctions matrix
| Violation | Typical penalty |
|---|---|
| No written CSC/agency permit | Six-month suspension + revocation of commission (baseline in Estreller, Abella) citeturn1search1turn6search0 |
| Notarizing with direct financial interest | 1 – 2-year suspension, disbarment in aggravated cases (see Panem 2023) citeturn11search7 |
| Repeat offense or falsified notarial entries | Revocation and permanent disqualification; possible criminal liability under Art. 171 RPC (falsification) |
8 | Interaction with other anti-corruption laws
- RA 3019 (Anti-Graft and Corrupt Practices Act) – notarizing in a manner that gives unwarranted benefits to a private party may be charged under Sec. 3(e).
- RA 11032 (Ease of Doing Business/ARTA) – taking extra fees or causing delay for notarization in frontline services is an administrative offense.
- SALN obligations (RA 6713 §8) – a notary’s fee income is a “business interest” that must be disclosed; failure can be an additional ground for dismissal. citeturn1search0
9 | Electronic & remote notarization (2025 and beyond)
The e-Notary Rules (A.M. No. 24-10-14-SC, 4 Feb 2025) integrate remote appearance, digital seals, and an Electronic Notary Administrator. They do not dilute conflict-of-interest rules: the platform automatically flags if the notary’s e-signature appears on documents where her agency is a party. Government employees must still upload their CSC permit before the ENA activates their digital seal. citeturn11search0
10 | Practical compliance checklist
- Ask first, notarize second – secure written permission yearly.
- Zero fees for any act linked to government work or indigent clients; record fee waivers in the notarial register.
- Conflict vetting – decline if:
- your office is a party or has regulatory interest, or
- the document will be filed in your own agency.
- Separate seal custody – keep it in a locked drawer, sign-out log required.
- Keep CPRA cheat-sheet on your desk; Section 13 is the new gold standard.
11 | Key take-aways
- Notarization = private practice of law.
- Government service demands exclusivity; thus, written authority and conflict screening are non-negotiable.
- The Supreme Court moves swiftly: the 2023-2025 CPRA cases show harsher, career-ending penalties.
- The 2025 e-Notary regime keeps the same ethical spine—digital convenience does not trump conflict rules.
Bottom line: If you wear a government badge, treat your notarial seal as a loaded ethical weapon. Use it only when the law, your agency head, and the public interest all say “yes.”