Case Summary (G.R. No. L-27598)
Allegations of Unauthorized Notarial Practice
In his complaint dated October 18, 2002, Simon accused Judge Aragon of engaging in unauthorized notarial practice by preparing and acknowledging various private documents and contracts that were unrelated to his judicial duties. Simon noted that the documents failed to include a certification indicating the absence of any qualified lawyer or notary public in San Pablo, Isabela, in violation of Circular No. 1-90. The complainant supported his allegations with several notarial documents executed by the judge between 1986 and 2000.
Respondent’s Justification and Admission
Respondent Judge Aragon admitted to notarizing the said documents but justified his actions by claiming there were no available lawyers or notaries public in San Pablo, Isabela, during the period from 1983 to 1992. He asserted that upon learning about Circular No. 1-90 in 1993, he ceased notarizing private documents. He claimed that the notarial fees were paid to the Office of the Municipal Treasurer, and therefore, he did not profit from these actions. The judge also argued that he could not be held liable for any violations of Circular No. 1-90 prior to its promulgation on February 26, 1990.
Investigation and Findings
Following the complaint's referral on June 23, 2003, to the Executive Judge of the Regional Trial Court of Cabagan for investigation, Judge Isaac R. De Alban reported on August 20, 2004, finding the respondent judge guilty of notarizing private documents without the required certification mandated by Circular No. 1-90. However, the investigative judge recommended that the Circular should apply only to documents notarized after its effective date, suggesting a penalty of P1,000 for each of the seven documents notarized in violation of its provisions.
Office of the Court Administrator Recommendations
On October 6, 2004, the case was referred to the Office of the Court Administrator, which, on January 3, 2005, adopted the findings and recommendations of Judge De Alban. The Court acknowledged that judges in MCTC and MTC could serve as notaries public ex officio only in specific capacities directly related to their official responsibilities.
Violation of Circular No. 1-90
The Court examined the records and confirmed that Judge Aragon did notarize seven private documents after the Circular's enactment without the required certification regarding the lack of n
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Case Overview
- This case involves a complaint filed by Victorino Simon against Judge Alipio M. Aragon, presiding judge of the Municipal Circuit Trial Court of San Pablo and Cabagan, Isabela.
- The complaint was centered on allegations of conduct unbecoming an officer, specifically unauthorized notarial practices.
- The complaint was filed on October 18, 2002, and the decision was rendered on February 3, 2005.
Allegations Against the Respondent Judge
- Victorino Simon accused Judge Alipio M. Aragon of engaging in unauthorized notarial work.
- It was alleged that the judge prepared and acknowledged private documents, contracts, and other acts of conveyance unrelated to his official duties.
- Simon claimed that the judge had not complied with Circular No. 1-90, which requires a certification regarding the lack of a notary public in San Pablo, Isabela.
Respondent's Defense
- In his comment, Judge Aragon admitted to notarizing the documents but contended that he acted out of necessity due to the absence of lawyers or notaries public in the area from 1983 to 1992.
- He argued that upon becoming aware of Circular No. 1-90 in 1993, he ceased notarizing private documents vol