Legal & Judicial Ethics, 2015 Bar — Question XX

ESSAY

Cecilio is one of the 12 heirs of his father Vicente, who owned an agricultural land located in Bohol. Cecilio filed a complaint charging Judge Love Koto with abuse of discretion and authority for preparing and notarizing a document entitled "Extra-Judicial Partition with Simultaneous Deed of Sale" executed by Cecilio's mother Divina and brother Jose. Jose signed the Deed on his own behalf and purportedly also on behalf of his brothers and sisters, including Cecilio. Cecilio though alleged that in his Special Power of Attorney, he merely granted Jose the authority to mortgage said agricultural land but not to partition, much less to sell the same. Judge Koto contended that in a municipality where a notary public is unavailable, a municipal judge is allowed to notarize documents or deeds as ex officio notary public. He claimed that he acted in good faith and only wanted to help. Did Judge Koto violate any rules? Discuss.

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