Dear Attorney,

Greetings! I hope this letter finds you well. I am writing to seek clarification on whether a mayor can validly perform notarial acts outside of those specifically provided for in the 2004 Rules on Notarial Practice of the Supreme Court. In our locality, there have been instances where the mayor has offered notarial services for various documents, and this has caused some confusion among residents. We would like to be sure of the legality and propriety of such acts.

I would appreciate your legal advice on the scope of a mayor’s authority in this regard. Kindly clarify whether or not these notarial acts are permitted under existing Philippine laws. Thank you in advance for your time and attention to this matter.

Respectfully yours,
A Concerned Resident

[Legal Article on Philippine Law: Mayors’ Notarial Authority and the 2004 Rules on Notarial Practice]

In the Philippines, the execution of notarial acts occupies a critical position in legal transactions, both in public and private spheres. Notarization lends evidentiary weight to documents and agreements, facilitates the recognition of contractual obligations, and serves as an essential prerequisite for the recording, registration, and enforcement of various legal instruments. It is thus vital to ensure that only duly authorized and qualified individuals render such services. The question presented here is whether a local chief executive, particularly a mayor, may validly perform notarial acts outside the express ambit of the 2004 Rules on Notarial Practice (“2004 Rules” or “Notarial Rules”).

I. Overview of the 2004 Rules on Notarial Practice

The Supreme Court promulgated the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) to regulate the conduct of notaries public and to reinforce the importance of notarization in preventing fraud and securing the integrity of documents. Under these rules, the authority to perform notarial acts is generally limited to:

Commissioned Notaries Public: Only lawyers in good standing can apply for a notarial commission. They must meet certain qualifications—such as active membership in the Philippine Bar, good standing, professional tax receipt, and other jurisdictional requirements set forth by the Executive Judge of the regional trial court where they seek appointment.
Geographical Limitations: A notary public’s authority to perform notarial acts is limited to the territorial jurisdiction where they were commissioned. This aligns with the principle that the notarial commission is a delegated power, subject to regulation and supervision by the courts.
Scope of Notarial Acts: Typically, these include acknowledgments, jurats, oaths and affirmations, signature witnessing, and other acts allowed by law. The 2004 Rules also specify the protocols for maintaining a notarial register, affixing an official seal, and ensuring the personal appearance of signatories.

Before the 2004 Rules, notarial practice was less strictly regulated under older statutes such as Act No. 496 and the former Notarial Law. The Supreme Court introduced these updated guidelines to eliminate confusion regarding the scope of authority and to harmonize procedures across all regions of the Philippines.

II. Legal Standing of Mayors Under Philippine Law

To determine whether a mayor may lawfully notarize documents, one must also examine the legal framework governing local government officials:

The Local Government Code (Republic Act No. 7160): This law vests executive, administrative, and legislative powers in local government units (LGUs). It enumerates the powers and functions of local chief executives, including mayors. However, nowhere does the Local Government Code expressly grant mayors authority to act as notaries public or to otherwise provide notarial services, unless in a capacity that is specifically recognized by law (e.g., the administration of oaths in limited circumstances).
Ex Officio Notaries: In some jurisdictions, certain government officials are authorized by specific legal provisions to administer oaths or perform acts akin to notarization for official government functions. However, any ex officio authority usually derives from an express grant of law. For example, certain officials may be authorized to administer oaths within the scope of their functions. Yet, a mayor’s general powers under the Local Government Code do not categorically include blanket authority to notarize private documents.
Overlap with Judicial Functions: The notarial function, while not purely judicial, is quasi-judicial in nature because it involves verifying the identity of parties, ensuring voluntariness, and confirming that the signatories understand the contents of the document they execute. For that reason, the Supreme Court has consistently underscored that the performance of notarial acts is a privilege that must be strictly regulated to protect the public from potential abuses.

III. Exceptions and Special Provisions

On rare occasions, legal provisions may allow certain officials to notarize documents for specific purposes. For instance:

Notarization for Official Documents: Some mayors, by virtue of local ordinances or executive orders, may be authorized to administer oaths for officials within their municipality or city. Such ex officio authority, though, is not equivalent to a general authority to perform notarial acts akin to those performed by a commissioned notary public.
Administration of Oaths by Public Officers: Under Section 41 of the Administrative Code of 1987, certain public officers (like notaries public, judges, clerks of court, and others designated by law) may administer oaths. Mayors have limited authority to administer oaths for public officials under the Local Government Code, but this is not a blanket authority to conduct acknowledgments, jurats, or other notarial acts for private transactions.

Thus, unless a mayor is also a lawyer in good standing and has been duly commissioned as a notary public pursuant to the 2004 Rules, they cannot notarize documents for the general public. Even if they meet those qualifications, their notarial commission is still subject to the local court’s authority, and they can only notarize within the territorial bounds specified by their commission.

IV. Jurisprudence and Supreme Court Pronouncements

The Supreme Court has consistently emphasized the exclusive authority of commissioned notaries public to perform notarial acts. Several rulings highlight the need for adherence to the 2004 Rules:

In Re: Petition for Authority to Notarize: The Court has stated in multiple administrative matters that the notarial commission is not automatic for any lawyer and certainly not for non-lawyers. This ensures that only qualified practitioners, monitored by the courts, may engage in notarization.
Penalties for Unauthorized Notarial Practice: The Supreme Court and the Integrated Bar of the Philippines have sanctioned lawyers who have allowed non-lawyers or uncommissioned individuals to perform notarial acts. By extension, an elected official who undertakes notarial services without a proper notarial commission may be subject to penalties for unauthorized practice of law or unauthorized notarial practice.
Policy Basis: The Supreme Court’s stance is rooted in the protection of the public. If unauthorized officials or individuals freely notarize documents, the authenticity and reliability of those documents become uncertain, undermining trust in notarial certifications.

V. Analysis of Mayor’s Authority vis-à-vis the 2004 Rules

To determine whether a mayor may perform notarial acts beyond the scope permitted by the 2004 Rules, one must examine several key points:

Are They a Lawyer in Good Standing?
- If the mayor is not a member of the Philippine Bar in good standing, the possibility of obtaining a valid notarial commission is foreclosed. The 2004 Rules only allow lawyers to serve as notaries.
Has the Mayor Secured a Notarial Commission?
- Even if the mayor is a lawyer, they must secure a notarial commission from the proper court. Without this formal appointment and oath-taking, the mayor cannot legally perform any notarial act (unless a separate statute grants that power, which is generally limited to official functions, not private transactions).
Territorial Jurisdiction and Official Station
- If the mayor has secured a commission, the mayor’s authority to notarize would typically be limited to the city or municipality where they are commissioned. The local government executive’s jurisdiction does not automatically extend the notarial commission beyond that territory.
Distinct from Ministerial Acts
- Some local chief executives believe that affixing a signature or a seal in their capacity as mayor serves as an official validation akin to notarization. However, the Supreme Court clarifies that unless legally authorized under the Notarial Rules, such an act does not produce the legal effects of notarization. A mayor’s signature might authenticate municipal documents but does not transform them into notarized instruments for all legal intents and purposes.

VI. Potential Liabilities and Legal Implications

Mayors, or any local official, who proceed to notarize documents without complying with the 2004 Rules risk multiple liabilities:

Administrative Sanctions: For any elected official, abusing authority or acting outside the scope of their legal powers can result in administrative cases before the Ombudsman or the Sangguniang Panlalawigan, depending on the nature of the infraction.
Criminal Liabilities: If it is proven that an official knowingly performed unauthorized notarial services to facilitate fraud or to misrepresent facts, such an official could face criminal charges. Falsification of public documents or usurpation of official functions may come into play.
Civil Consequences: Private parties who rely on improperly notarized documents may seek civil remedies for damages if they suffer prejudice. Additionally, transactions requiring valid notarization (such as certain real estate dealings) may be void or unenforceable due to the defective notarization.
Effects on the Document’s Evidentiary Value: A notarized document that is invalidly executed will not carry the evidentiary weight normally accorded to notarized instruments. This can lead to disputes and legal challenges.

VII. Practical Considerations for Those Affected

Verification of Notarial Commission: Citizens or parties in transactions should verify whether the individual performing the notarization holds a valid notarial commission. A credible notary public must be able to show a certificate of authority to act as such, along with an official seal, and must maintain a notarial register.
Consultation with Legal Counsel: Individuals who are unsure about a document’s validity should consult a lawyer. This helps ensure that each step in the transaction aligns with legal requirements, safeguarding the parties from future complications.
Role of Local Government: While local governments aim to provide efficient services to their constituents, notarial functions cannot be performed arbitrarily by officials unless firmly grounded in law. If a mayor or other local official wishes to render notarial services to aid constituents, that official must first satisfy all legal prerequisites set by the Supreme Court.

VIII. Possible Legislative or Policy Reforms

There may be calls in some sectors for local chief executives to be given limited notarial authority, particularly in remote areas where practicing attorneys are scarce. If such reforms are introduced, they would require an amendment to existing laws or the establishment of new statutes that clearly delineate the scope of notarial powers. However, any such delegation would likely come with rigorous oversight and training requirements to maintain the integrity of notarized documents.

Balancing Access to Notarial Services: In many rural areas, lawyers who can notarize documents may be located far from the citizens who need them, creating a gap in legal services. Policy discussions might consider expanding ex officio notarial privileges under strict limitations.
Maintaining Professional Standards: To protect the public, any expansion of notarial authority to non-lawyers or officials who are not lawyers would likely contain robust safeguards, including credentialing, training, monitoring, and disciplinary procedures similar to the notarial commission system for lawyers.

IX. Conclusion

Under current Philippine law, particularly as codified in the 2004 Rules on Notarial Practice, only duly commissioned notaries public who are members of the Philippine Bar in good standing are permitted to perform notarial acts for the general public. The office of the mayor, by itself, does not confer an inherent right to notarize documents, unless there is an express statutory provision that grants a mayor ex officio notarial powers for very specific and usually limited official functions (such as administering oaths to subordinate officials).

Even if a mayor is an attorney, they must still follow the formal process of obtaining a notarial commission from the Executive Judge within their jurisdiction. Performing notarial acts without this commission can lead to administrative, civil, or criminal liability. It also jeopardizes the enforceability and legal reliability of documents purportedly notarized by an unauthorized individual.

The notarial system in the Philippines is designed to ensure that notarized documents retain their evidentiary weight and are shielded from fraud. Allowing unqualified or unauthorized officials to act as notaries would undermine this system and the public’s trust in it. Therefore, unless the mayor is duly qualified, commissioned, and acting strictly within the parameters of the law, the performance of notarial acts would be impermissible outside of the 2004 Rules on Notarial Practice.

In summary, Philippine jurisprudence and statutory law leave little room for doubt: mayors do not have carte blanche to notarize documents. They can only exercise notarial powers if they meet all requirements under the 2004 Rules—namely, being lawyers in good standing who have successfully secured a notarial commission. Further legislative reforms would be necessary to expand this authority, if at all, to non-lawyer mayors or in circumstances beyond the current legal framework. Until such reforms come into effect, the public must rely on commissioned notaries for valid and binding notarizations.

Note: The information provided herein is intended for general guidance and education on Philippine notarial laws and local government authority. For specific legal advice, please consult with a qualified attorney who can address the unique circumstances of your case.