June 23, 1998
DAR OPINION NO. 70-98
Justice Alfredo L. Benipayo
Court Administrator
Supreme Court
Padre Faura, Manila
Dear Justice Benipayo:
This has reference to the letter of Mrs. Beinvenida F. Ferrancullo dated 25 March 1998 sent to your office but indorsed to this Department seeking clarification on whether a Legal Officer of the Department of Agrarian Reform or a Provincial Agrarian Reform Officer of DAR can notarize a document outside DAR's Office considering that he is a government employee.
The commission issued to DAR lawyers for them to notarize a document does not by itself confer them an unbridled right to perform notarization even outside DAR's Office. For them to legally and validly perform the functions of a notary public, clearance from the DAR Secretary is necessary to put a stamp of validity to their authority. Since a notarial acknowledgement attaches not only full faith and credit to the document concerned but also vest upon the document the presumption of regularity unless it is impugned by strong, complete and conclusive proof (Severo Sales vs. Court of Appeals, G.R. No. 40145, July 29, 1992), public policy dictates that the same should be duly regulated and authorized accordingly.
In view of the foregoing disquisition, clearance from the DAR Secretary is a condition sine qua non before DAR lawyers can perform the function of a notary public outside DAR's Office.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Mrs. Bienvenida F. Ferrancullo
Odiongan, Romblon