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THE

OLD NOTARIAL LAW – S245 TO 246 OF ACT NO. 2711 OR THE


REVISED ADMINISTRATIVE CODE OF THE PHILIPPINES

Notarial Register

SECTION 245. Notarial register. – Every notary public shall keep


a register to be known as the notarial register, wherein record
shall be made of all his official acts as notary; and he shall
supply a certified copy of such record, or any part thereof, to
any person applying for it and paying the legal fees therefor.

Such register shall be kept in books to be furnished by the


Attorney-General to any notary public upon request and upon
payment of the actual cost thereof, but officers exercising the
functions of notaries public ex officio shall be supplied with the
register at Government expense. The register shall be duly
paged, and on the first page the Attorney-General shall certify
the number of pages of which the book consist.

SECTION 246. Matters to be entered therein – The notary public


shall enter in such register, in chronological order, the nature of
each instrument executed, sworn to, or acknowledged before
him, the person executing, swearing to, or acknowledging the
instrument, the witnesses, if any, to the signature, the date of
the execution, oath, or acknowledgment of the instrument, the
fees collected by hint for his services as notary in connection
therewith, and; when the instrument is a contract, he shall keep
a correct copy thereof as part of his records, and shall likewise
enter in said records a brief description of the substance
thereof, and shall give to each entry a consecutive number,
beginning with number one in each calendar year. The notary
shall give to each instrument executed, sworn to, or
acknowledged before him a number corresponding to the one in
his register, and shall also state on the instrument the page or
pages of his register on which the same is recorded. No blank
line shall be left between entries.

When a notary public shall protest any draft, bill of exchange, or


promissory note, he shall make a full and true record in his
notarial register of all his proceedings in relation thereto, and
shall note therein whether the demand or the sum of money
therein mentioned was made, of whom, when, and where;
whether he presented such draft, bill, or note; whether notices
were given, to whom, and in what manner; where the same was
made, and when, and to whom, and where directed; and of
every other fact touching the same.

At the end of each week the notary shall certify in his register
the number of instruments executed, sworn to, acknowledged,
or protested before him; or if none such, certificate shall show
this fact.

A certified copy of each month’s entries as described in this


section and a certified copy of any instrument acknowledged
before them shall within the first ten days of the month next
following be forwarded by the notaries public to the clerk of the
Court of First Instance of the province and shall be filed under
the responsibility of such officer: Provided, That if there is no
entry to certify for the month, the notary shall forward a
statement to this effect in lieu of the certified copies herein
required.

OFFICIAL OATHS – S40 TO 42, BOOK 1, CHAPTER 10 OF THE


E.O. NO. 292.

SECTION 40. Oaths of Office for Public Officers and Employees.—All public
officers and employees of the government including every member of the
armed forces shall, before entering upon the discharge of his duties, take
an oath or affirmation to uphold and defend the Constitution; that he will
bear true faith and allegiance to it; obey the laws, legal orders and decrees
promulgated by the duly constituted authorities; will well and faithfully
discharge to the best of his ability the duties of the office or position upon
which he is about to enter; and that he voluntarily assumes the obligation
imposed by his oath of office, without mental reservation or purpose of
evasion. Copies of the oath shall be deposited with the Civil Service
Commission and the National Archives.

Sec. 41. Officers Authorized to Administer Oath. - The following officers


have general authority to administer oaths: President; Vice-President;
Members and Secretaries of both Houses of the Congress; Members of the
Judiciary; Secretaries of Departments; provincial governors and
lieutenant-governors; city mayors; municipal mayors; bureau directors;
regional directors; clerks of courts; registrars of deeds; other civilian
officers in the public service of the government of the Philippines whose
appointments are vested in the President and are subject to confirmation
by the Commission on Appointments; all other constitutional officers; and
notaries public.

SECTION 42. Duty to Administer Oath.—Officers authorized to administer


oaths, with the exception of notaries public, municipal judges and clerks of
court, are not obliged to administer oaths or execute certificates save in
matters of official business; and with the exception of notaries public, the
officer performing the service in those matters shall charge no fee, unless
specifically authorized by law.

Section 163. Presentation of Community Tax Certificate On Certain


Occasions. -

(a) When an individual subject to the community tax acknowledges any


document before a notary public, takes the oath of office upon election or
appointment to any position in the government service; receives any
license, certificate. or permit from any public authority; pays any tax or
free; receives any money from any public fund; transacts other official
business; or receives any salary or wage from any person or corporation
with whom such transaction is made or business done or from whom any
salary or wage is received to require such individual to exhibit the
community tax certificate.

The presentation of community tax certificate shall not be required in


connection with the registration of a voter.

(b) When, through its authorized officers, any corporation subject to the
community tax receives any license, certificate, or permit from any public
authority, pays any tax or fee, receives money from public funds, or
transacts other official business, it shall be the duty of the public official
with whom such transaction is made or business done, to require such
corporation to exhibit the community tax certificate.

(c) The community tax certificate required in the two preceding paragraphs
shall be the one issued for the current year, except for the period from
January until the fifteenth (15th) of April each year, in which case, the
certificate issued for the preceding year shall suffice.

EFFECT OF FAILURE TO STAMP TAXABLE DOCUMENT – S201, TITLE VII OF THE NIRC
SEC. 201. Effect of Failure to Stamp Taxable Document. - An instrument,
document or paper which is required by law to be stamped and which has
been signed, issued, accepted or transferred without being duly stamped,
shall not be recorded, nor shall it or any copy thereof or any record of
transfer of the same be admitted or used in evidence in any court until the
requisite stamp or stamps are affixed thereto and cancelled.

AMENDMENT TO S12(A) OF THE 2004 RULES ON NOTARIAL PRACTICE,


A.M. NO. 02-8-13-SC, SC EN BANC RESOLUTION DATED FEB 19, 2008

Sec. 12. Component Evidence of Identity. The phrase "competent evidence


of identity" refers to the identification of an individual based on:

(a) at least one current identification document issued by an official


agency bearing the photograph and signature of the individual, such
as but not limited to, passport, driver’s license, Professional
Regulations Commission ID, National Bureau of Investigation
clearance, police clearance, postal ID, voter’s ID, Barangay
certification, Government Service and Insurance System (GSIS) e-
card, Social Security System (SSS) card, Philhealth card, senior
citizen card, Overseas Workers Welfare Administration (OWWA) ID,
OFW ID, seaman’s book, alien certificate of registration/immigrant
certificate of registration, government office ID, certification from the
National Council for the Welfare of Disable Persons (NCWDP),
Department of Social Welfare and Development (DSWD) certification;
or

(b) xxxx.

CIRCULAR NO. 1-90 February 26, 1990

TO: ALL JUDGES OF THE METROPOLITAN TRIAL COURTS (METC),


MUNICIPAL TRIAL COURTS IN CITIES (MTCC), MUNICIPAL TRIAL COURTS
(MTC), MUNICIPAL CIRCUIT TRIAL COURTS (MCTC) SHARI'A COURTS,
AND THE INTEGRATED BAR OF THE PHILIPPINES (IBP)

SUBJECT: POWER OF THE MUNICIPAL TRIAL COURT JUDGES AND


MUNICIPAL CIRCUIT TRIAL COURT JUDGES TO ACT AS NOTARIES
PUBLIC EX OFFICIO

For the information and guidance of all concerned, quoted hereunder, is


the Resolution of the Court En Banc, dated December 19, 1989, in
Administrative Matter No. 89-11-1303 MTC, "Re: Request for clarification on
the power of municipal trial court judges and municipal circuit trial court
judges to act as Notaries Public Ex Officio":

Acting on a query regarding the power of municipal trial court judges and
municipal circuit trial court judges to act in the capacity of notaries
public ex officio in the light of the 1989 Code of Judicial Conduct, the Court
Resolved to issue a clarification on the matter.

Municipal trial court (MTC) and municipal circuit trial court (MCTC) judges
are empowered to perform the function of notaries public ex officio under
Section 76 of Republic Act No. 296, as amended (otherwise known as the
Judiciary Act of 1948) and Section 242 of the Revised Administrative Code.
But the Court hereby lays down the following qualifications on the scope
of this power:

MTC and MCTC judges may act as notaries public ex officio in the
notarization of documents connected only with the exercise of their official
functions and duties [Borne v. Mayo, Adm. Matter No. 1765-CFI, October
17, 1980. 100 SCRA 314; Penera v. Dalocanog, Adm. Matter No. 2113-MJ,
April 22, 1981, 104 SCRA 193.] They may not, as notaries public ex officio,
undertake the preparation and acknowledgment of private documents,
contracts and other acts of conveyances which bear no direct relation to
the performance of their functions as judges. The 1989 Code of Judicial
Conduct not only enjoins judges to regulate their extra-judicial activities in
order to minimize the risk of conflict with their judicial duties, but also
prohibits them from engaging in the private practice of law (Canon 5 and
Rule 5.07).

However, the Court, taking judicial notice of the fact that there are still
municipalities which have neither lawyers nor notaries public, rules that
MTC and MCTC judges assigned to municipalities or circuits with no
lawyers or notaries public may, in the capacity as notaries public ex officio,
perform any act within the competency of a regular notary public, provided
that: (1) all notarial fees charged be for the account of the Government and
turned over to the municipal treasurer (Lapena, Jr. vs. Marcos, Adm. Matter
No. 1969-MJ, June 29, 1982, 114 SCRA 572); and, (2) certification be made
in the notarized documents attesting to the lack of any lawyer or notary
public in such municipality or circuit.

RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. –
(a) A notary public shall keep, maintain, protect and provide for lawful
inspection as provided in these Rules, a chronological official notarial
register of notarial acts consisting of a permanently bound book with
numbered pages.

The register shall be kept in books to be furnished by the Solicitor


General to any notary public upon request and upon payment of the
cost thereof. The register shall be duly paged, and on the first page,
the Solicitor General shall certify the number of pages of which the
book consists. cralaw

For purposes of this provision, a Memorandum of Agreement or


Understanding may be entered into by the Office of the Solicitor
General and the Office of the Court Administrator.

(b) A notary public shall keep only one active notarial register at any
given time. cralaw

SEC. 2. Entries in the Notarial Register. –

(a) For every notarial act, the notary shall record in the notarial
register at the time of notarization the following:
chan robles virtual law library

(1) the entry number and page number; chan robles virtual law library
(2) the date and time of day of the notarial act;
(3) the type of notarial act; chan robles virtual law library
(4) the title or description of the instrument, document or proceeding;
(5) the name and address of each principal; chan robles virtual law library
(6) the competent evidence of identity as defined by these Rules if the
signatory is not
personally known to the notary; chan robles virtual law library
(7) the name and address of each credible witness swearing to or
affirming the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if not in the
notary's regular place of work or business; and
(10) any other circumstance the notary public may deem of
significance or relevance.

(b) A notary public shall record in the notarial register the reasons and
circumstances for not completing a notarial act.
(c) A notary public shall record in the notarial register the
circumstances of any request to inspect or copy an entry in the
notarial register, including the requester's name, address, signature,
thumbmark or other recognized identifier, and evidence of identity.
The reasons for refusal to allow inspection or copying of a journal
entry shall also be recorded. cralaw

(d) When the instrument or document is a contract, the notary public


shall keep an original copy thereof as part of his records and enter in
said records a brief description of the substance thereof and shall give
to each entry a consecutive number, beginning with number one in
each calendar year. He shall also retain a duplicate original copy for
the Clerk of Court.
cralaw

(e) The notary public shall give to each instrument or document


executed, sworn to, or acknowledged before him a number
corresponding to the one in his register, and shall also state on the
instrument or document the page/s of his register on which the same
is recorded. No blank line shall be left between entries.
cralaw

(f) In case of a protest of any draft, bill of exchange or promissory


note, the notary public shall make a full and true record of all
proceedings in relation thereto and shall note therein whether the
demand for the sum of money was made, by whom, when, and where;
whether he presented such draft, bill or note; whether notices were
given, to whom and in what manner; where the same was made,
when and to whom and where directed; and of every other fact
touching the same. cralaw

(g) At the end of each week, the notary public shall certify in his
notarial register the number of instruments or documents executed,
sworn to, acknowledged, or protested before him; or if none, this
certificate shall show this fact. cralaw

(h) A certified copy of each month's entries and a duplicate original


copy of any instrument acknowledged before the notary public shall,
within the first ten (10) days of the month following, be forwarded to
the Clerk of Court and shall be under the responsibility of such officer.
If there is no entry to certify for the month, the notary shall forward a
statement to this effect in lieu of certified copies herein required.
cralaw
SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the
notary's notarial register shall be signed or a thumb or other mark
affixed by each: chanroblesvirtuall

awlibrary

(a)Principal;
(b) credible witness swearing or affirming to the identity of a principal;
and
(c) witness to a signature by thumb or other mark, or to a signing by
the notary public on behalf of a person physically unable to sign.

SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's


presence, any person may inspect an entry in the notarial register,
during regular business hours, provided;

(1) the person's identity is personally known to the notary public


or proven through competent evidence of identity as defined
in these Rules;
(2) The person affixes a signature and thumb or other mark or
other recognized identifier, in the notarial register in a
separate, dated entry;
(3) the person specifies the month, year, type of instrument or
document, and name of the principal in the notarial act or
acts sought; and

(4) the person is shown only the entry or entries specified by him.

(b) The notarial register may be examined by a law enforcement


officer in the course of an official investigation or by virtue of a court
order.

(c) If the notary public has a reasonable ground to believe that a


person has a criminal intent or wrongful motive in requesting
information from the notarial register, the notary shall deny access to
any entry or entries therein. cralaw

SEC. 5. Loss, Destruction or Damage of Notarial Register. –

(a) In case the notarial register is stolen, lost, destroyed, damaged, or


otherwise rendered unusable or illegible as a record of notarial acts,
the notary public shall, within ten (10) days after informing the
appropriate law enforcement agency in the case of theft or vandalism,
notify the Executive Judge by any means providing a proper receipt or
acknowledgment, including registered mail and also provide a copy or
number of any pertinent police report. cralaw

(b) Upon revocation or expiration of a notarial commission, or death of


the notary public, the notarial register and notarial records shall
immediately be delivered to the office of the Executive Judge. cralaw

SEC. 6. Issuance of Certified True Copies. - The notary public shall


supply a certified true copy of the notarial record, or any part thereof,
to any person applying for such copy upon payment of the legal fees. cralaw

JURAT

SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a


single occasion:chanroblesvirtuallawlibrary

(a) appears in person before the notary public and presents an


instrument or document;
(b) is personally known to the notary public or identified by the notary
public through competent evidence of identity as defined by these
Rules; chan robles virtual law library

(c) signs the instrument or document in the presence of the notary;


and
(d) takes an oath or affirmation before the notary public as to such
instrument or document.

ACKNOWLEDGMENT

SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act


in which an individual on a single occasion: chanroblesvirtuallawlibrary

(a) appears in person before the notary public and presents an


integrally complete instrument or document;

(b) is attested to be personally known to the notary public or


identified by the notary public through competent evidence of
identity as defined by these Rules; and -

(c) represents to the notary public that the signature on the


instrument or document was voluntarily affixed by him for the
purposes stated in the instrument or document, declares that he
has executed the instrument or document as his free and voluntary
act and deed, and, if he acts in a particular representative capacity,
that he has the authority to sign in that capacity.

AFFIRMATION OR OATH

SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath”


refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public;

(b) is personally known to the notary public or identified by the


notary public through competent evidence of identity as defined by
these Rules; and

(c) avows under penalty of law to the whole truth of the contents
of the instrument or document.

COMMISSION

SEC. 3. Commission. - “Commission” refers to the grant of authority


to perform notarial acts and to the written evidence of the authority.

SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial


act in which a notary public:chanroblesvirtuallawlibrary

(a) is presented with an instrument or document that is neither a vital


record, a public record, nor publicly recordable;
(b) copies or supervises the copying of the instrument or document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.

SEC. 5. Notarial Register. - “Notarial Register” refers to a


permanently bound book with numbered pages containing a
chronological record of notarial acts performed by a notary public.

NOTARIAL CERTIFICATE

SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the part


of, or attachment to, a notarized instrument or document that is
completed by the notary public, bears the notary's signature and seal,
and states the facts attested to by the notary public in a particular
notarization as provided for by these Rules.

COMPETENT EVIDENCE OF IDENTITY


SEC. 12. Competent Evidence of Identity. - The phrase “competent
evidence of identity” refers to the identification of an individual based
on:chanroblesvirtuallawlibrary

(a) At least one current identification document issued by an


official agency bearing the photograph and signature of the
individual; or

(b) 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.

Sec. 12. Component Evidence of Identity. The phrase "competent evidence


of identity" refers to the identification of an individual based on:

(a) At least one current identification document issued by an official


agency bearing the photograph and signature of the individual, such as but
not limited to, passport, driver’s license, Professional Regulations
Commission ID, National Bureau of Investigation clearance, police
clearance, postal ID, voter’s ID, Barangay certification, Government
Service and Insurance System (GSIS) e-card, Social Security System (SSS)
card, Philhealth card, senior citizen card, Overseas Workers Welfare
Administration (OWWA) ID, OFW ID, seaman’s book, alien certificate of
registration/immigrant certificate of registration, government office ID,
certification from the National Council for the Welfare of Disable Persons
(NCWDP), Department of Social Welfare and Development (DSWD)
certification; or

(b) xxxx.

SIGNITURE WITNESSING

SEC. 14. Signature Witnessing. - The term “signature witnessing”


refers to a notarial act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an


instrument or document;
(b) is personally known to the notary public or identified by the notary
public through competent evidence of identity as defined by these
Rules; and

(c) signs the instrument or document in the presence of the notary


public.

ADMISSIBILITY OF DOCUMENTS

1.) CLASES OF DOCUMENTS AND PROOF OF PRIVATE DOCUMENT

B. AUTHENTICATION AND PROOF OF DOCUMENTS

Sec. 19 . Classes of Documents. — For the purpose of their


presentation evidence, documents are either public or private.

Public documents are: chanroblesvirtuallawlibrary

(a)The written official acts, or records of the official acts of the


sovereign authority, official bodies and tribunals, and public
officers, whether of the Philippines, or of a foreign country;

(b)Documents acknowledge before a notary public except last


wills and testaments; and

(c)Public records, kept in the Philippines, of private documents


required by law to the entered therein.

All other writings are private. (20a)

Sec. 20 . Proof of private document. — Before any private


document offered as authentic is received in evidence, its due
execution and authenticity must be proved either: chanroblesvirtuallawlibrary

(a)By anyone who saw the document executed or written;


or chanrobles virtua law library

(b)By evidence of the genuineness of the signature or


handwriting of the maker.

Any other private document need only be identified as that


which it is claimed to be.
Sec. 23 . Public documents as evidence. — Documents
consisting of entries in public records made in the performance
of a duty by a public officer are prima facie evidence of the
facts therein stated. All other public documents are evidence,
even against a third person, of the fact which gave rise to their
execution and of the date of the latter.

Sec. 30 . Proof of notarial documents. — Every instrument duly


acknowledged or proved and certified as provided by law, may
be presented in evidence without further proof, the certificate
of acknowledgment being prima facie evidence of the execution
of the instrument or document involved.