Abella v. Atty.Cruzabra commission as a notry public after Memo Circular No.

17 was issued.
A.C No. 5688 ; June 04, 2009
Thus, engaging in the private practice of profession,
Carpio, J.
when unauthorized is a light offense punishable by
Facts: reprimand. Atty. Cruzabra is guilty of engaging in
notarial practice without written authority from the
Abella filed a complaint for violation of CANON 1 of CPR Secretary of Department of Justice.
and RA 6713, Sec.7 (b) (2) or Code of Conduct of Ethical
Standards for Public Officials and Employees against
Atty. Cruzabra charging him with engaging in private
practice while employed in the government service.
Complainant alleged that respondent is a Deputy
Register of Deeds of GenSan City, and that she filed a
petition for commission as notary public without
obtaining prior authority from Secretary of Department
of Justice. It also contended that respondent only stop
notarizing documents when she was reprimanded by
Chief of Investigation Division of LRA.

Respondent admitted that she was a notary public and

stated that she was authorized by her superior, the RD.
She maintained that she had no intention to violate the
law. Respondent, as a new lawyer relying on the
competence of her superior, admitted that an honest
mistake may have been committed but such mistake
was committed without willfulness, malice or
corruption.

Issue:

W/N respondent’s act merits disciplinary action.

Held:

Yes.

The authority to grant permission to any official and

employee shall be granted by the head of the ministry
or agency in accordance with Memorandum Circular
No. 17 of Executive Department, requiring written
permission from the head of department.

It is clear that when respondent filed her petition for

commission as a notary public, she did not obtain a
written permission from the Secretary of DOJ.
Respondent’s superior, the RD cannot issue any
authorization because he is not the head of the
Department. And even assuming that the RD authorized
her, respondent failed to present any proof of that
written permission. Respondent cannot feign ignorance
or good faith because respondent filed petition for