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NOTARIAL PRACTICE
(A.M. NO. 02-8-13-SC) EFFECTIVE AUGUST 1, 2004
WHO MAY BE A
NOTARY PUBLIC?
WHO MAY BE A NOTARY PUBLIC?
WHO MAY BE A NOTARY PUBLIC?
• (1) must be a citizen of the Philippines;
WHO MAY BE A NOTARY PUBLIC?
• (1) must be a citizen of the Philippines;
• (3) must be a resident in the Philippines for at least one (1) year and maintains a regular
place of work or business in the city or province where the commission is to …be issued;
WHO MAY BE A NOTARY PUBLIC?
• (1) must be a citizen of the Philippines;
• (3) must be a resident in the Philippines for at least one (1) year and maintains a regular
place of work or business in the city or province where the commission is to …be issued;
• (4) must be 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
WHO MAY BE A NOTARY PUBLIC?
• (1) must be a citizen of the Philippines;
• (3) must be a resident in the Philippines for at least one (1) year and maintains a regular
place of work or business in the city or province where the commission is to …be issued;
• (4) must be 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) must not have been convicted in the first instance of any crime involving moral …
turpitude. (sec. 1 Rule III A.M. No. 02-8-13-SC)
PETITION FOR A
NOTARIAL
COMMISSION
PETITION FOR A NOTARIAL COMMISSION
PETITION FOR A NOTARIAL COMMISSION
• (a) a statement containing the petitioner's personal qualifications, including
the petitioner's date of birth, residence, telephone number, professional tax
receipt, roll of attorney's number and IBP membership number;
PETITION FOR A NOTARIAL COMMISSION
• (a) a statement containing the petitioner's personal qualifications, including
the petitioner's date of birth, residence, telephone number, professional tax
receipt, roll of attorney's number and IBP membership number;
• (b) certification of good 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 commission;
PETITION FOR A NOTARIAL COMMISSION
• (a) a statement containing the petitioner's personal qualifications, including
the petitioner's date of birth, residence, telephone number, professional tax
receipt, roll of attorney's number and IBP membership number;
• (b) certification of good 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 commission;
• (c) proof of payment for the filing of the petition as required by these Rules;
and
PETITION FOR A NOTARIAL COMMISSION
• (a) a statement containing the petitioner's personal qualifications, including
the petitioner's date of birth, residence, telephone number, professional tax
receipt, roll of attorney's number and IBP membership number;
• (b) certification of good 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 commission;
• (c) proof of payment for the filing of the petition as required by these Rules;
and
• (d) three (3) 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.
APPLICATION FEE
SUMMARY
HEARING ON THE
PETITION
NOTICE OF
SUMMARY
HEARING
OPPOSITION TO
THE PETITION
JURISDICTION OF
A NOTARY PUBLIC
JURISDICTION OF
A NOTARY PUBLIC
JURISDICTION OF A NOTARY PUBLIC
• (1) acknowledgments;
POWERS AND LIMITATIONS OF A NOTARY PUBLIC
• (1) acknowledgments;
• (2) oaths and affirmations;
POWERS AND LIMITATIONS OF A NOTARY PUBLIC
• (1) acknowledgments;
• (2) oaths and affirmations;
• (3) jurats;
POWERS AND LIMITATIONS OF A NOTARY PUBLIC
• (1) acknowledgments;
• (2) oaths and affirmations;
• (3) jurats;
• (4) signature witnessings;
POWERS AND LIMITATIONS OF A NOTARY PUBLIC
• (1) acknowledgments;
• (2) oaths and affirmations;
• (3) jurats;
• (4) signature witnessings;
• (5) copy certifications; and
POWERS AND LIMITATIONS OF A NOTARY PUBLIC
• (1) acknowledgments;
• (2) oaths and affirmations;
• (3) jurats;
• (4) signature witnessings;
• (5) copy certifications; and
• (6) any other act authorized by these Rules.
WHAT IS
COMPETENT
EVIDENCE OF
IDENTITY?
REFERS TO THE IDENTIFICATION OF AN
INDIVIDUAL BASED ON:
• (2) public function areas in hotels and similar places for the signing of instruments
or documents requiring notarization;
EXCEPTIONS
• (1) public offices, convention halls, and similar places where oaths of office may be
administered;
• (2) public function areas in hotels and similar places for the signing of instruments
or documents requiring notarization;
• (2) public function areas in hotels and similar places for the signing of instruments
or documents requiring notarization;
• (a) The notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral;
WHEN MAY A NOTARY PUBLIC REFUSE TO NOTARIZE?
• (a) The notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral;
• (b) The signatory shows a demeanour which engenders in the mind of the notary
public reasonable doubt as to the former's knowledge of the consequences of the
transaction requiring a notarial act; and
WHEN MAY A NOTARY PUBLIC REFUSE TO NOTARIZE?
• (a) The notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral;
• (b) The signatory shows a demeanour which engenders in the mind of the notary
public reasonable doubt as to the former's knowledge of the consequences of the
transaction requiring a notarial act; and
• (c) In the notary's judgment, the signatory is not acting of his or her own free will.
MAY A LAWYER NOTARIZE
OUTSIDE HIS OR HER
TERRITORIAL JURISDICTION?
REVOCATION OF
COMMISSION AND
DISCIPLINARY
ACTIONS
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS
• (1) fails to keep a notarial register;
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS
• (1) fails to keep a notarial register;
• (2) fails to make the proper entry or entries in his notarial register concerning his
notarial acts;
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS
• (1) fails to keep a notarial register;
• (2) fails to make the proper entry or entries in his notarial register concerning his
notarial acts;
• (3) fails to send the copy of the entries to the Executive Judge within the
first ten (10) days of the month following;
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS
• (1) fails to keep a notarial register;
• (2) fails to make the proper entry or entries in his notarial register concerning his
notarial acts;
• (3) fails to send the copy of the entries to the Executive Judge within the
first ten (10) days of the month following;
• (4) fails to affix to acknowledgments the date of expiration of his commission;
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS
• (1) fails to keep a notarial register;
• (2) fails to make the proper entry or entries in his notarial register concerning his
notarial acts;
• (3) fails to send the copy of the entries to the Executive Judge within the
first ten (10) days of the month following;
• (4) fails to affix to acknowledgments the date of expiration of his commission;
• (5) fails to submit his notarial register, when filled, to the Executive Judge;
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS
• (1) fails to keep a notarial register;
• (2) fails to make the proper entry or entries in his notarial register concerning his
notarial acts;
• (3) fails to send the copy of the entries to the Executive Judge within the
first ten (10) days of the month following;
• (4) fails to affix to acknowledgments the date of expiration of his commission;
• (5) fails to submit his notarial register, when filled, to the Executive Judge;
• (6) fails to make his report, within a reasonable time, to the Executive Judge
concerning the performance of his duties, as may be required by the judge;
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS CONT'D
• (7) fails to require the presence of a principal at the time of the notarial act;
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS CONT'D
• (7) fails to require the presence of a principal at the time of the notarial act;
• (8) fails to identify a principal on the basis of personal knowledge or competent
evidence;
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS CONT'D
• (7) fails to require the presence of a principal at the time of the notarial act;
• (8) fails to identify a principal on the basis of personal knowledge or competent
evidence;
• (9) executes a false or incomplete certificate under Section 5, Rule IV;
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS CONT'D
• (7) fails to require the presence of a principal at the time of the notarial act;
• (8) fails to identify a principal on the basis of personal knowledge or competent
evidence;
• (9) executes a false or incomplete certificate under Section 5, Rule IV;
• (10) knowingly performs or fails to perform any other act prohibited or mandated
by these Rules; and
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS CONT'D
• (7) fails to require the presence of a principal at the time of the notarial act;
• (8) fails to identify a principal on the basis of personal knowledge or competent
evidence;
• (9) executes a false or incomplete certificate under Section 5, Rule IV;
• (10) knowingly performs or fails to perform any other act prohibited or mandated
by these Rules; and
• (11) Commits any other dereliction or act which in the judgment of the Executive
Judge constitutes good cause for revocation of commission or imposition of
administrative sanction.
WHAT EFFECT
DOES
NOTARIZATION
HAVE ON A
DOCUMENT?
WHAT EFFECT DOES NOTARIZATION HAVE ON A
DOCUMENT?
WHAT EFFECT DOES NOTARIZATION HAVE ON A
DOCUMENT?
• Notarization converts a private document into a public document and
renders the document admissible in court as evidence without need
for further proof of its authenticity. A notarized document is entitled,
by law, to full faith and credit upon its face. Notarization also vests
upon the document the presumption of regularity unless it is
impugned by strong, complete and conclusive proof.
(Sec. 30, Rule 132, Rules of Court; De Rosales vs. Ramos, A.C. No. 5645, July 2, 2002)
WHAT EFFECT DOES NOTARIZATION HAVE ON A
DOCUMENT?
• Notarization converts a private document into a public document and
renders the document admissible in court as evidence without need
for further proof of its authenticity. A notarized document is entitled,
by law, to full faith and credit upon its face. Notarization also vests
upon the document the presumption of regularity unless it is
impugned by strong, complete and conclusive proof.
(Sec. 30, Rule 132, Rules of Court; De Rosales vs. Ramos, A.C. No. 5645, July 2, 2002)
• No. The Supreme Court through an en banc 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.
MAY A LAWYER NOTARIZED DOCUMENTS OUTSIDE
ITS TERRITORIAL JURISDICTION?
• No. The Supreme Court through an en banc 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.
• The act of notarizing documents outside one’s area of commission is not to be taken
lightly. Aside from being a violation of section 11 of the 2004 Rules on Notarial
Practice, it also partakes of malpractice of law and falsification.
MAY A LAWYER NOTARIZED DOCUMENTS OUTSIDE
ITS TERRITORIAL JURISDICTION?
• No. The Supreme Court through an en banc 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.
• The act of notarizing documents outside one’s area of commission is not to be taken
lightly. Aside from being a violation of section 11 of the 2004 Rules on Notarial
Practice, it also partakes of malpractice of law and falsification.
• Since the public is deceived into believing that he has been duly commissioned, it
also amounts to indulging in deliberate falsehood, which the lawyers’ oath
proscribes.
MAY A LAWYER ALLOW HIS SPOUSE TO DO
NOTARIAL ACTS IN HIS ABSENCE?
• No. The parties must appear before the Notary Public where the
Notary Public certify that the person acknowledging the instrument is
known to him and he is the same person who executed it and
acknowledged that the same is his free act and deed (Bon versus Atty. Ziga).
DEFINITION OF
TERMS
DEFINITION OF TERMS
• Commission - refers to the grant of authority to perform notarial acts and to the
written evidence of the authority.
• Copy Certification - refers to a notarial act in which a notary public:
• (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.
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• Executive Judge - refers to the Executive Judge of the Regional Trial Court of a city or
province who issues a notarial commission.
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• Acknowledgement and Jurat certificates are the two most common
notarial acts, yet there is confusion about the difference between
these forms for many signers. Some notaries even find it difficult to
remember which procedures apply to which certificate.
REYNALDO AGRANZAMENDEZ
Affiant
TIN: 123-456-789-000
GRAY S. TAMBIAC
Notary Public for Baguio City
Notarial Commission N.A.-29-NC-18-R
My Commission Expires on December 31, 2019
ROLL NO. 63487; 05-08-14; Manila
MCLE COMPLIANCE No. V-0002819; 7-03-14
PTR NO. 5480467; 01-03-19
IBP O.R. NO. 05147; 12-20-18; Baguio-Benguet Chapter
REVOCATION OF COMMISSION CONT'D
• (5) fails to submit his notarial register, when filled, to the Executive Judge;
REVOCATION OF COMMISSION CONT'D
• (5) fails to submit his notarial register, when filled, to the Executive Judge;
• (6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance
of his duties, as may be required by the judge;
REVOCATION OF COMMISSION CONT'D
• (5) fails to submit his notarial register, when filled, to the Executive Judge;
• (6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance
of his duties, as may be required by the judge;
• (7) fails to require the presence of a principal at the time of the notarial act;
REVOCATION OF COMMISSION CONT'D
• (5) fails to submit his notarial register, when filled, to the Executive Judge;
• (6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance
of his duties, as may be required by the judge;
• (7) fails to require the presence of a principal at the time of the notarial act;
• (8) fails to identify a principal on the basis of personal knowledge or competent evidence;
REVOCATION OF COMMISSION CONT'D
• (5) fails to submit his notarial register, when filled, to the Executive Judge;
• (6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance
of his duties, as may be required by the judge;
• (7) fails to require the presence of a principal at the time of the notarial act;
• (8) fails to identify a principal on the basis of personal knowledge or competent evidence;
• (5) fails to submit his notarial register, when filled, to the Executive Judge;
• (6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance
of his duties, as may be required by the judge;
• (7) fails to require the presence of a principal at the time of the notarial act;
• (8) fails to identify a principal on the basis of personal knowledge or competent evidence;
• (10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and
REVOCATION OF COMMISSION CONT'D
• (5) fails to submit his notarial register, when filled, to the Executive Judge;
• (6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance
of his duties, as may be required by the judge;
• (7) fails to require the presence of a principal at the time of the notarial act;
• (8) fails to identify a principal on the basis of personal knowledge or competent evidence;
• (10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and
• (11) Commits any other dereliction or act which in the judgment of the Executive Judge constitutes good
cause for revocation of commission or imposition of administrative sanction.
Republic of the Philippines
Regional Trial Court
First Judicial Region
Baguio City
OATH OF OFFICE