Astorga v. Solas
REITERATIONFacts
The Antecedents: Executive Judge Jose R. Astorga charged respondent Nicolasito Solas, Clerk of Court of the Municipal Trial Court in Cities (MTCC), Iloilo City, with various irregularities. The charges included the premature signing of a Land Bank of the Philippines check (No. 17728546) on June 18, 1996, before the voucher was signed on June 25, 1996, and the notarization of private documents unrelated to his official duties. Procedural History: The case was referred to Executive Judge Severino C. Aguilar for investigation. During the pendency, the Integrated Bar of the Philippines (IBP), Iloilo City, filed a petition to enjoin respondent from notarizing and administering oaths on documents unrelated to his official duties. The investigating judge recommended the closure of the administrative matter with a warning, considering respondent's apology for the check signing as an "honest mistake" and an agreement with the IBP to discontinue the practice of notarizing unrelated documents. The Office of the Court Administrator (OCA) assessed the case, finding good faith in the check signing but recommending a P5,000.00 fine for the notarization of unrelated documents. The Petition: The Supreme Court reviewed the findings and recommendations of the OCA.
Issue(s)
Whether respondent Nicolasito Solas committed irregularities in the performance of his duties as Clerk of Court. Whether the premature signing of the check constituted an offense. Whether the notarization of private documents unrelated to his official functions constituted an offense.
Ruling
The Supreme Court imposed a fine of P5,000.00 on respondent Nicolasito Solas, Clerk of Court of the Municipal Trial Court in Cities, Iloilo City, for abuse of authority in notarizing documents and administering oaths on matters alien to his official duties, with a warning against repetition.
Ratio Decidendi
On the irregularities in the performance of duties as Clerk of Court: The Court accepted the OCA's finding that respondent acted in good faith in signing Land Bank Check No. 17728546 prior to the preparation of the voucher, and that no one was prejudiced by this action. However, the Court reminded respondent to follow regular procedure in future transactions of this nature. This addresses the irregularity related to the premature signing of the check, which falls under the broader issue of irregularities in duty performance. On the premature signing of the check: The Court accepted the OCA's finding that respondent acted in good faith in signing Land Bank Check No. 17728546 prior to the preparation of the voucher, and that no one was prejudiced by this action. However, the Court reminded respondent to follow regular procedure in future transactions of this nature. On the notarization of documents unrelated to his office: The Court found that respondent acted imprudently in notarizing documents and administering oaths on matters alien to his official duties. The Court reiterated that Clerks of Court are notaries public ex officio and may notarize documents or administer oaths only when the matter is related to the exercise of their official functions. They should not, in their ex officio capacity, take part in the execution of private documents bearing no relation at all to their official functions. The Court noted that Iloilo City is a highly urbanized city, unlike a far-flung municipality, which might warrant an exceptional rule for the availability of notaries public. The Court cited previous cases where members of the Bench were sanctioned for notarizing documents unrelated to their offices, imposing fines of P10,000.00 and P5,000.00 in those instances. Therefore, the Court found respondent guilty of abuse of authority and imposed the OCA-recommended fine of P5,000.00 with a stern warning.
Main Doctrine
Clerks of court are notaries public ex officio and may notarize documents or administer oaths only when the matter is related to the exercise of their official functions. They should not, in their ex officio capacity, take part in the execution of private documents bearing no relation at all to their official functions.