November 9, 2000

DAR OPINION NO. 38-00

Atty. Rosa B. Candido

Department of Agrarian Reform

Adjudication Board

Diliman, Quezon City

Dear Atty. Candido:

This has reference to your letter-request dated 07 December 1999, for permission to apply for commission as notary public, stating that you are designated as Provincial Agrarian Reform Adjudicator (PARAD) for the Province of Tawi-Tawi but presently assigned with the DAR Adjudication Board, Central Office.

We regret to inform you that the Department is legally constrained to grant your request. The authority of a notary public to acknowledge documents is only limited to those executed within his/her territorial jurisdiction (Severo Sales & Esperanza Sales Bermudez vs. Court of Appeals, G.R. No. L-40145, July 29, 1992). By its terms, a PARAD appointed in one province but temporarily assigned with the DAR Central Office could not comply with the aforesaid notarial rule. Notarization is only limited to one particular place as implied in the jurat itself. Besides, you have been appointed to a quasi-judicial position and in an active status.

In view thereof, your request for authority to apply for commission as notary public in Quezon City is hereby denied.

We hope to have clarified the matter with you.

Very truly yours,

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning