VI.

NOTARIAL PRACTICE (1996, 2005, 2007 Bar Question)

Q: What is the purpose of notarial law (A.M. No. 02-8-13-SC)? A: 1. To promote, serve, and protect public interest; 2. To simplify, clarify, and modernize the rules governing notaries public; and 3. To foster ethical conduct among notaries public. (Sec. 2, Rule I, A.M. No. 02-8-13-SC) A. QUALIFICATIONS OF NOTARY PUBLIC Q: Who is a notary public? A: A person appointed by the court whose duty is to attest to the genuineness of any deed or writing in order to render them available as evidence of facts stated therein and who is authorized by the statute to administer various oaths.
Note: Notary Public" and "Notary" refer to any person commissioned to perform official acts under the rules on Notarial Practice. (Sec. 9, Rule II, A.M. No. 02-8-13-SC)

Q. What must one possess to qualify as a notary public? A: To be eligible for commissioning as notary public, the petitioner must be: 1. A citizen of the Philippines; 2. Over 21 years of age; 3. A resident in the Philippines for at least 1 year and maintains a regular place of work or business in the city or province where the commission is to be issued; 4. A member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and 5. Has not been convicted in the first instance of any crime involving moral turpitude. (second par., Sec. 1, Rule III, 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC) Q: Is a lawyer always a notary public? A: No. Not every member of the Bar is a notary public because a lawyer requires a commission of appointment to be designated as a notary public.
Note: Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries public. For this reason notaries public must observe with utmost care the basic requirements in the performance of their duties. Otherwise, the confidence of the public in the integrity of this form of conveyance would be undermined. (Vda. De Rosales v. Ramos, A.C. No. 5645, July 2, 2002)

Q: What are the 2 kinds of duties imposed by law to a notary public? A: 1. Execution of formalities required by law; and 2. Verification of the capacity and identity of the parties as well as the legality of the act executed. Q: What are the duties of a notary public? A: 1. To keep a notarial register; 2. To make the proper entry or entries in his notarial register touching his notarial acts in the manner required by the law; 3. To send the copy of the entries to the proper clerk of court within the first 10 days of the month next following; 4. To affix to acknowledgments the date of expiration of his commission, as required by law; 5. To forward his notarial register, when filled, to the proper clerk of court; 6. To make report, within reasonable time to the proper judge concerning the performance of his duties, as may be required by such judge; 7. To make the proper notation regarding residence certificates. (Sec. 240, Rev. Adm. Code) (1995 Bar Question) Q. Must a notary public always be a lawyer? A. GR: Yes. Only those admitted to the practice of law are qualified to be notaries public. XPN: When there are no persons with the necessary qualifications or where there are qualified persons but they refuse appointment.