Notarial Practice
on an instrument or document presented for notarization if:
Notary Public or a notary is any person commissioned to
perform official acts
(1) Acknowledgements;
(2) Oaths and affirmations;
(3) Jurats;
(4) Signature witnessing;
(5) Copy certifications; and
(6) Any other act authorizes in the rules
Purpose: To verify the personal appearance of affiant and the
genuineness of signature
To authenticate document and verify due execution, making
document admissible in evidence without proof of authenticity
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 publicA notarial document is by law
entitled to full faith and credit upon its face. Courts, administrative agencies
and the public at large must be able to rely upon the acknowledgement
executed by a notary public. [Baylon v. Almo, (2008)]
QUALIFICATIONS OF NOTARY PUBLIC
(1) Citizen of the Philippines
(2) Over 21 years of age
(3) Philippine resident 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) Member of the Philippine Bar in good standing, with
clearances from the Bar Confidant of the SC and the
IBP
(5) No conviction in the first instance for any crime
involving moral turpitude
Note: When there are no persons with the necessary qualifications OR
where there are qualified persons but they refuse appointment, a notary
public does NOT have to be a lawyer. The following persons may be
appointed as notaries:
(1) Those who have passed the studies of law in a
reputable university.
(2) A clerk or deputy clerk of court for a period of not less
than two years.
TERM OF OFFICE OF NOTARY PUBLIC
A notarial commission is granted by an executive judge after petition of the
lawyer, and is good for two years commencing on the 1st day of January of
the year in which the commission is made UNLESS earlier revoked or the
notary public has resigned according to these Rules and the Rules of
Court. [Rule III, Sec. 11].
Every petition undergoes a hearing and approved after:
(1) Petition is proven sufficient in form and substance
(2) Petitioner proves allegations in petition
(3) Petitioner establishes to the satisfaction of the court
that he has read and understood the Rules on Notarial Practice
POWERS AND LIMITATIONS
AUTHORITY OF THE NOTARY
What can be notarized: A notary can notarize any
document, upon request of affiant.
Sec. 1. Powers. A notary public is
(a) Empowered to perform the following material acts:
(1) Acknowledgments;
(2) Oaths and affirmations;
(3) Jurats;
(4) Signature witnessings;
(5) Copy certifications; and
(6) Any other act authorized by these rules
(b) Authorized to certify the affixing of a signature by thumb or mark
(1) The thumb or other mark is affixed in the presence of the
notary public and two (2) disinterested and unaffected witnesses to the
instrument or
document;
(2) Both witnesses sign their own names in addition of the thumb
or other mark;
(3) The notary public writes below the thumb or other mark:
Thumb or Other Mark affixed by (name and addresses of witnesses) and
undersigned notary public; and
(4) The notary public notarizes the signature by thumb or other
mark through an acknowledgement, jurat, or signature witnessing
(c) Authorized to sign on behalf of a person who is physically unable
to sign or make a mark on an instrument or document if:
(1) The notary public is directed by the person unable to sign or
make a mark to sign on his behalf;
(2) The signature of the notary public is affixed in the presence of
two disinterested and unaffected witnesses to the instrument or document;
(3) Both witnesses sign their own names;
(4) The notary public writes below his signature: Signature
affixed by notary in presence of (names and addresses of person and two
(2) witnesses) ; and
(5) The notary public notarizes his signature by
acknowledgement or jurat
JURISDICTION OF NOTARY PUBLIC AND PLACE OF NOTARIZATION
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.
General Rule: Notarization of document must be at the notary publics
regular place of work.
Exceptions:
(1) In public offices, convention halls and other places where
oaths of office are administered, public function areas in hotels and similar
areas used for the signing of instruments or documents requiring
notarization
(2) Hospitals and other medical institutions where a part to an
instrument is confined for treatment (3) Any place where a party to the
instrument requiring notarization is under detention
(3) Any place where a party to the instrument requiring
notarization is under detention.
COMPETENT EVIDENCE OF IDENTITY
Competent Evidence of Identity. - refers to the identification of an
individual based on:
(1) At least one current identification document issued by an official
agency bearing the photograph and signature of the individual; or (2)
The oath or affirmation of:
(a) 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,
(b) 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.
Notaries public must observe utmost care in complying with formalities
intended to ensure the integrity of the notarized document and the act it
embodies. In this case, the respondent violated the Rules on Notarial
Practice when he notarized three documents presented to him by a
complainant whose identity is not personally known to him and yet he did
not require proof of identity from the said person. [Gonzales v. Padiernos
(2008)]
A lawyer commissioned as notary public is mandated to subscribe to the
sacred duties appertaining to his office, such duties being dictated by
public policy and impressed with public interest. Faithful observance and
utmost respect of the legal solemnity of an oath in an acknowledgment or
jurat is sacrosanct. [Maligsa v. Catanting (1997)]