Bar Matter 702

Facts:

Royo M. Gampong filed a petition to the Supreme Court to allow Shari’a

District Court Judges to authorize Shiari’a Lawyers as Notaries Public. Mr.
Gampong argues that in theory, Shiari’a District Courts are co-equals of regular
Regional Trial Courts so by analogy Shiari’a Courts may be authorizeds to appoint
the members of the Philippine Bar. He also argues that being a special member of
the Philippine Bar and a practicing Shari’a lawyer, he is qualified to be appointed
as notary by the Shari’s District Judge.

Issues:
Whether or not Shiari’a District Court judges can be allowed to appoint Shiari’a
Lawyers as Notaries Public.

Whether or not Shiari’a Lawyers can be notaries public

Ruling:
No. Section 232 of the Revised Administrative Code as amended by EO No.41 May
11, 1945 provides that
“Sec. 232. Appointment of notaries public. — Judges of Court of First Instance (now Regional Trial
Court) in the respective may appoint as many notaries public as the public good requires, and there
shall be at least one for every municipality in each province. Notaries public in the City of Manila
shall be appointed by one of the judges of the Court of First Instance (now Regional Trial Court) of
Manila to be chosen by the judges of the branches of said court" (Words in parenthesis supplied)

Shari’a District Courts do not form a part of the integrated judicial system
of the Philippines as it is only a court of limited jurisdiction. It can only preside on
cases specifically specified cases under Art. 143 of PD no. 1083 otherwise known
as the “Code of Muslim Personal Laws of the Philippines”. As it is a court of
limited jurisdiction and not a court of general jurisdiction within the meaning of
Sec. 232 of the Notarial Law.

No. Sec. 1 rule 138 of the Revised Rules of Court

Sec. 1. Who may practice law. — Any person heretofore duly admitted as a member of the
bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good
and regular standing, is entitled to practice law.

Since Shiari’a Lawyers are only special members of the Philippine Bar and
not a full-pledged members of the Philippine Bar in relation to Sec. 1 Rule 138 of
the Revised Rules of Court. Therefore they cannot be appointed as notary public
under Sec. 233 of the Notarial Law.