Proscription

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).

Quantum Meruit

A principle in equity used as a basis for determining a lawyer's professional fees in the absence of contract.

The compensation of lawyers for professional services rendered is subject to the supervision of the court, not only to guarnatee that the fees they charge remain reasonable and commensurate with the services they have actually rendered, but to maintain the dignity and integrity of the legal profession as well.

A Latin term which means, "as much as deserved."

Champertous Contract

An agreement whereby an Attorney undertakes to pay the expenses of the proceedings to enforce the client's rights in exchange for some bargain to have a part of the thing in dispute. Such a contract is contrary to public policy and is void. It is likewise contrary to the Code of Professional Responsibility. While lawyers may advance the necessary expenses in a legal matter they are handling in order to safeguard their client's rights, it is imperative that the advances be subject to reimbursement. The purpose is to avoid a situation in which a lawyer acquires a personal stake in the client's cause. No matter how dire the needs of the clients, a lawyer must always avoid any appearance of impropriety, to preserve the integrity of the profession.

Un-notarized Document

Absence of notarization of a deed of sale would not invalidate the transaction, however, an irregular notarization reduces the evidentiary value of the document to that of a private document, which requires proof of its due execution and authenticity to be admissible as evidence.

Trier of Facts

The Supreme Court is not a trier of facts and is not to review or calibrate the evidence on record. When supported by substantial evidence, the findings of fact by the trial court are binding and conclusive on the parties and are not reviewable by the Supreme Court, unless the case falls under the recognized exceptions. An acceptable exception is where there is a conflict between the factual determination of the trial court and that of the appellate court. In such case, it becomes imperative to digress from this general rule and revisit the factual circumstances surrounding the controversy (G.R. No. 203786. October 23, 2013).