Transcript

1. Salient features of the NOTARIAL LAW & the 2004

Rules Legal ethics Atty. JFL Risonar

must not have been convicted in the first instance of

any crime involving moral turpitude. (section 1, Rule 3
AM 02-18-13-SC.)

notarial commission shall be in writing, verified, and

-8-13SC (2004 Rules on Notarial Practice)
3.
The Notarial Law is explicit on the obligations and duties
of notaries public. They are required to certify that the
party to every document acknowledged before them
has presented the proper residence certificate (or
exemption from the residence tax); and to enter its
number, place of issue and date as part of such
certification.

They are also required to maintain and keep a notarial

register; to enter therein all instruments notarized by
them; and to give to each instrument executed, sworn
to, or acknowledged before [them] a number
corresponding to the one in [their] register [and to state
therein] the page or pages of [their] register, on which
the same is recorded.

the petitioners personal qualifications, including the

petitioners date of birth, residence, telephone number,
professional tax receipt, roll of attorneys number and
moral character of the petitioner by at least two (2)
executive officers of the local chapter of the Integrated
Bar of the Philippines where he is applying for

passport-size color photographs with light background

taken within thirty (30) days of the application. The
photograph should not be retouched. The petitioner
shall sign his name at the bottom part of the
photographs. (section 2, Rule 3 Ibid.)

of the petitio
posted in the designated court areas and published in a
cause to oppose the same may file a written opposition

Failure to perform these duties would result in the

Protacio v. Mendoza, 395 SCRA 10, 17, January 13,
2003.
6. Purpose of the 2004 N
clarify, and modernize the rules governing notaries

10. Jurisdiction and term of a notary publicA person

commissioned as notary public may perform notarial
acts in any place within the territorial jurisdiction of the
commissioning court for a period of two (2) years
commencing the first day of January of the year in
which the commissioning is made, unless earlier
revoked or the notary public has resigned under these
Rules and the Rules of Court. (section 11, Rule 3, ibid.)

notaries public.
zen
-one (21)
for at least one (1) year and maintains a regular place of
work or business in the city or province where the
) must be a member of
the Philippine Bar in good standing with clearances
from the Office of the Bar Confidant of the Supreme

may file a written application with the Executive Judge

for the renewal of his commission within forty-five (45)
days before the expiration thereof. A mark, image or
impression of the seal of the notary public shall be
application will result in the deletion of the name of the
notary public
notary public thus removed from the Register of
Notaries Public may only be reinstated therein after he

is issued a new commission in accordance with these

Rules. (section 13, Rule 3, ibid.)

thumb or other mark is affixed in the presence of the

notary public and of two (2) disinterested and

12.
Powers and limitat
POWERS: A notary public is empowered to perform the

(2) both witnesses sign their own names in addition to

ic writes
below the thumb or other mark: "Thumb or Other Mark
affixed by (name of signatory by mark) in the presence
of (names and addresses of witnesses) and undersigned

act authorized by these Rules.(section 1, Rule IV, ibid. )

13. Nadayag vs. Grageda (09-27-94)Notarization is not
an empty routine.Notarization of a private
documentconverts such document into a public oneand
renders it admissible in court withoutfurther proof of its
authenticity. A notarypublic should therefore be
conscientious inseeing to it that justice permeated
everytransaction for which his services had
beenengaged, in conformity with the avowed dutiesof a
worthy member of the Bar. S/he must fullyexplain the
intricacies and consequences of thesubject transaction.

signature by thumb or other mark through an

acknowledgment, jurat, or signature witnessing. (ibid.)

14. Function of a notary public- To guard against any

illegal or immoral arrangements. That function would
be defeated if the notary public were one of the
signatories to the instrument. For then, he would be
interested in sustaining the validity thereof as it directly
involves himself and the validity of his own act, and the
very purpose of the acknowledgment, which is to
minimize fraud would be thwarted. (Villarin vs. Sabate,
Feb. 9, 2000)

(4) the notary public writes below his signature:

"Signature affixed by notary in presence of (names and

15.

What constitutes competent evidence of

document issued by an official agency bearing the

oath or affirmation of one credible witness not privy to
the instrument, document or transaction who is
personally known to the notary public and who
personally knows the individual, or of two credible
witnesses neither of whom is privy to the instrument,
document or transaction who each personally knows
the individual and shows to the notary public
documentary identification. (section 12 Rule 2 AM 0218-13-SC)
16. A notary public is authorized to certify the affixing
of a signature by thumb or other mark on an instrument
e

17. A notary public is authorized to sign onbehalf of a

person who is physically unableto sign or make a mark
is directed by the person unable to sign or make a mark
public is affixed in the presence of two disinterested
and unaffected witnesses to the instrument or

the notary public notarizes

acknowledgment or jurat. (ibid.)

his

signature

by

otary public shall not perform a

notarial act outside his regular place of work or
business; provided, however, that on certain
exceptional occasions or situations, a notarial act may
be performed at the request of the parties in the
following sites locate
(1) public offices, convention halls, and similar places
function areas in hotels and similar places for the
signing of instruments or documents requiring
notari
institutions where a party to an instrument or
where a party to an instrument or document requiring
notarization is under detention.
19.
Recent case: Judge Laquindanum versus Atty.
Nestor Q. Quintana (A.C. No. 7936)Q: May a lawyer
notarize documents beyond the territorial jurisdiction
of the commissioning court that issued his

commission?Q2: may such lawyer, allow his spouse to

do notarial acts in his absence?

decision rendered on June 29, 2009 additionally

imposed the penalty of revoking the lawyers notarial
commission and disqualified him from discharging
duties as a notary public for an additional period of two
years

ones area of commission is not to be taken lightly.

Aside from being a violation of Sec. 11 of the 2004 Rules
on Notarial Practice, it also partakes of malpractice of
law and falsification
believing that he has been duly commissioned, it also
amounts to indulging in deliberate falsehood, which the
personally accountable for the documents that he
admitted were signed by his wife. He cannot relieve
himself of liability by passing the blame to his wife. He
is, thus, guilty of violating Canon 9 of the Code of
Professional Responsibility, which requires lawyers not
to directly or indirectly assist in the unauthorized
practice of law.

a notarial act if the person involved as signatory to the

instrument or document
presence personally at the time of the notarization;
s not personally known to the notary public or
otherwise identified by the notary public through
competent evidence of identity as defined by these
Rules.
23.

A notary public cannot notarize a document if

nt that

indirect result, any commission, fee, advantage, right,

title, interest, cash, property, or other consideration,
a spouse, common-law partner, ancestor, descendant,
or relative by affinity or consanguinity of the principal
within the fourth civil degree.

perform any notarial act described in these Rules for

any person requesting such an act even if he tenders

notary knows or has good reason to believe that the

the signatory shows a demeanor which engenders in
the mind of the notary public reasonable doubt as to
the formers knowledge of the consequences of the
notarys judgment, the signatory is not acting of his or
her own free will.
: May a lawyer
notarize a document (Waiver and Quitclaim) w/o the
must be made before a notary public who shall certify
that the person acknowledging the instrument is known
to him and that he is the same person who executed it
and acknowledged that the same is his free act and
deed.
26. Santuyo vs. Atty. HidalgoQ: may a lawyer notary
public delegate to his secretary the task of filling up his
notarial register?HELD: Respondent lawyer is negligent
in his practice of tolerating the secretary of their law
office to handle the aforementioned notarial activities.
For having wholly entrusted the preparation and other
mechanics of the document for notarization to the
secretary there can be a possibility that even the
respondents signature which is the only one left for
him to do can even be done by the secretary or
anybody for that matter.

lawyer notarizes documents despite the expiration of

his
of a document done by a member of the Philippine Bar
at a time when he has no authorization or commission
to do so, the offender may be subjected to disciplinary
action and also constitutes a violation of the lawyers
oath to obey the laws, more specifically the Notarial
Law.