Trial Court judges cannot notarize affidavits of cohabitation of parties whose marriage they will solemnize.
Supreme Court Circular No. 1-90 allows trial court judges to act as notaries public ex officio and notarize documents only if connected with their official functions and duties. Affidavits of cohabitation are not connected with judge's official functions and duties as solemnizing officer. Judges cannot notarize ex officio affidavits of cohabitation of parties whose marriage he solemnized. Under the guidelines on the Solemnization of Marriage by members of the Judiciary, a judge duty is to personally examine the allegations in the affidavit of cohabitation before performing the marriage ceremony. Nothing in the guidelines authorizes judges to notarize affidavits of cohabitation of parties whose marriage they will solemnize. The 1989 Code of Judicial Conduct not only enjoins judges to regulate their extra-judicial activities in order to minimize the risk of conflect with their judicial duties, but also prohibits them from engaging in the private practice of law (A.M. No. MTJ-14-1842).
