1. Overview

Office	Legal Character	Source of Authority	Core Function
Notary Public	A quasi-public office held by a lawyer¹	2004 Rules on Notarial Practice (RNP) issued by the Supreme Court	Impartial authentication of private acts and transactions, giving them public character
Municipal/Sanggunian Secretary	An appointive career local government office	Local Government Code of 1991 (LGC, R.A. 7160) §469 (municipality) / §481 (city)	Secretary to the Sanggunian: records, journals, certifications, official seal, and legislative support

¹ Since 1 August 2004 only members in good standing of the Philippine Bar may be commissioned as notaries public.

2. Why the Issue Arises

Both positions are unquestionably public offices.
The Constitution (Art. IX-B, §7 ¶2) and the doctrine of incompatibility bar a public officer from holding another government office if:
- one office is subordinate to the other, or
- the functions are inherently inconsistent or create a conflict of interest.
At the same time, notarial practice is treated by law and by the Supreme Court as both (a) an extension of the lawyer’s private practice and (b) an exercise of public authority.
Under civil-service and legal-ethics rules, government lawyers must obtain written authority to engage in any form of private legal practice, including notarization.

3. Statutory & Regulatory Framework

Instrument	Key Provisions Affecting Compatibility
Constitution, Art. IX-B §7(2)	No elective or appointive public officer or employee shall hold any other office or employment in the Government without the consent of the appointing authority…
2004 Rules on Notarial Practice • Rule III, §1 (qualifications) • Rule III, §5 (petition contents) • Rule III, §11 (prohibitions for public officials) • Rule VI, §2(e) (ground for revocation: “[a]ny violation of the lawyer-public officer ban”)	– Must be a lawyer in good standing – Must disclose “written proof of authority” if petitioner is a government employee – Prohibits commissioning of “any public official whose duties are incompatible with the practice of law, or who is prohibited by law or regulation from engaging in the private practice of his profession”
Local Government Code (R.A. 7160) • §90 (Practice of Profession) • §469 / §481 (Secretary to the Sanggunian)	– Elective local officials may practice their profession subject to conflict-of-interest safeguards. – Appointive officials fall under general civil-service rules (full-time service, no outside work without authority).
Civil Service Commission (CSC) rules & opinions • Omnibus Rules, Book V, Rule XVIII, §12 • CSC Mem. Circ. No. 17-2002	– Government lawyers may engage in limited private practice, including notarial work, only with prior written permission of the head of agency and outside office hours.
Code of Conduct for Public Officials (R.A. 6713)	– Requires officials to avoid conflicts of interest and the appearance of impropriety; bars them from using official position for private gain.

4. Jurisprudence & Administrative Precedents

Case / Resolution	Gist	Relevance
Re: Petition of Atty. Vincent S. B. Sagarbarria (Bar Matter MP-130)	City Legal Officer denied notarial commission; Court held that full-time government lawyers whose offices require exclusive devotion to public duties may not be commissioned.	Demonstrates strict reading of “incompatibility” where the office itself demands full-time legal service.
In re: Atty. Julius Jay Sandoval (Bar Matter 1755, 2004)	Court required a clear, written authority from agency head before acting on a notarial petition filed by a municipal legal officer.	Shows that permission can cure, but absence is fatal.
Fortunado v. Hontanosas (A.C. 9471, 2012)	LGU lawyer disbarred for notarizing in his office on government time.	Underscores the no-government-resources rule.
CSC Resolution No. 1100662	Upholds administrative penalties against an LGU employee who notarized documents that were later found defective.	CSC considers notarization “private practice” requiring prior authority.
Agbayani v. COMELEC (227 SCRA 681)	Discusses dual office and incompatibility doctrine in public law.	Provides doctrinal anchor.

(Citations are to reported decisions or officially released administrative issuances; year supplied where relevant.)

5. Analyzing Compatibility in Four Steps

Nature of Duties
- The Sanggunian Secretary administers oaths for official purposes and is custodian of local legislative records.
- A Notary administers oaths and notarizes private instruments.
- Overlap exists, but the secretary’s oath is confined to intra-Sanggunian matters, whereas notarization extends to the public at large.
Potential Conflict of Interest
- Risk of notarizing documents in which the LGU is a party (e.g., contracts, deeds, bids).
- Risk of undue influence: parties may seek favours from a “city/municipal insider.”
Full-Time Service Requirement
- LGC & CSC deem the secretary’s position full-time; hence, any outside practice must not impair office hours.
Public-Office-to-Public-Office Rule
- Even if notaries receive no salary, the Supreme Court repeatedly labels a notarial commission a public office.
- Holding two public offices is not per se forbidden, but is invalid if expressly prohibited by law or incompatible.

Conclusion of the four-step test:

Compatibility is conditional rather than absolute. A lawyer-secretary may be commissioned as notary only if every legal safeguard below is strictly met.

6. Checklist for a Municipal Secretary-Lawyer Seeking a Notarial Commission

Secure Written Authority
- Request written permission from:
  - Mayor (immediate appointing authority), AND
  - Sanggunian (since it concurs in the appointment), to forestall any later challenge.
- Attach the authority to the Petition for Commission filed with the Regional Trial Court Executive Judge (Rule III, §5[h], 2004 RNP).
Limitations & Undertakings (to be stated under oath in the petition)
- No notarization during official LGU office hours (usually 8 a.m.–5 p.m.).
- No use of LGU offices, supplies, or personnel.
- No appearance or notarization of documents where the LGU, its officials, or employees are parties.
- Maintain a separate notarial register in the form required by Rule VI, stored outside LGU premises.
Comply with CSC reporting
- File an annual disclosure of outside professional practice, as required by CSC MC 17-02.
Conflict-Screening Mechanism
- Adopt a written policy (e.g., on the face of the notarial register) refusing notarization of any instrument in which the LGU has an interest.
- Keep a log of refused notarizations as good practice (2004 RNP Rule VI §4[b]).
Renewal & Revocation Awareness
- Commissions last for two (2) years (Rule III §11); keep track of renewal deadlines.
- Violation of any undertaking can lead to instant revocation, administrative liability, or even disbarment.

7. Practical Scenarios

Scenario	Is It Allowed?	Explanation
Notarizing a deed of sale between two private parties at 7 p.m. in the lawyer-secretary’s private office.	✔ Yes, if prior written authority to practice exists and registration requirements are met.
Notarizing a contract where the municipality leases out a public property.	✖ No. Direct conflict of interest; secretary is part of the LGU.
Notarizing minutes of a Sanggunian committee hearing during office hours “for expedience.”	✖ No. Use of office hours & government resources; also unnecessary because secretary can validly certify the minutes without notarization under §469(b)(2), LGC.
Notarizing the personal loan document of a councilor in the LGU building during lunch break.	⚠ Risky. Even if outside office hours, venue and possibility of undue influence invite disciplinary action; best practice is to refuse.

8. Sanctions for Non-Compliance

Under 2004 RNP – Revocation of commission; disqualification for two years; referral to the IBP for disbarment.
Under Civil Service Law – Suspension or dismissal for conduct prejudicial to the service; violation of reasonable office rules.
Under R.A. 6713 & Revised Penal Code – Liability for corruption of public documents or for direct/indirect bribery if fee exceeds statutory limit.

9. Key Take-Aways

Notary public commissions are public offices.
Municipal secretaries are full-time LGU officials.
The two offices are not intrinsically incompatible, provided that all statutory and ethical safeguards are observed.
Absence of written authority, notarizing during office hours, or notarizing LGU-related documents will almost certainly lead to administrative—or worse, criminal—liability.
Because rules evolve, prudent secretaries should treat their notarial privilege as conditional and revocable and should err on the side of non-notarization whenever doubt exists.

Bottom line: A lawyer who is Municipal or Sanggunian Secretary may lawfully serve as a notary public, but only with prior written permission, strict avoidance of LGU-related transactions, and scrupulous compliance with the 2004 Rules on Notarial Practice, CSC regulations, and ethical standards. Otherwise, the dual role will be deemed legally incompatible and subject the lawyer-secretary to severe sanctions.