Vail Michael P.

Nagaynay

Salient features of the NOTARIAL LAW

Relevant Provisions:
The Notarial Law (cf. provisions of the Revised Administrative Code) A.M. No. 02-8-13-SC (2004 Rules on
Notarial Practice)
BASES:
Sec. 251 of the Revised Administrative Code- 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.
Sec.246 of the Revised Administrative Code- 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.
Sec. 249 of the Revised Administrative Code- Failure to perform these duties would result in the
revocation of their commission as notaries public.
Purpose of the 2004 Notarial Rules:
(a) to promote, serve, and protect public interest; (b) to simplify, clarify, and modernize the rules
governing
Who may be a Notary public?
(1) must be a citizen of the Philippines;
(2) must be over twenty-one (21) years of age;
(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. (section 1,
Rule 3 AM 02-18-13-SC.)
Form & contents of petition
Every petition for a notarial commission shall be in writing, verified, and shall include the following: (a) a
statement containing the petitioners personal qualifications, including the petitioners date of birth,
residence, telephone number, professional tax receipt, roll of attorneys number and IBP membership
number; (b) certification of good moral character of the petitioner by at least two (2) executive officers
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. (section 2, Rule 3 Ibid.)
*Other matters * Payment of application fee* Hearing of the petition SUMMARY in nature
-Notice shall be posted in the designated court areas and published in a newspaper of general
cause to oppose the same may file a written opposition
Jurisdiction and term of a notary public
A 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.)
May the term be renewed? YES. A notary public 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 attached to the application. Failure to
file said application will result in the deletion of the name of the notary public in the register of notaries
public. The 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.)
Powers and limitations of a notary public
POWERS: A notary public is empowered to perform the following notarial acts: (1) acknowledgments; (2)
oaths and affirmations; (3) jurats; (4) signature witnessings; (5) copy certifications; and (6) any other act
authorized by these Rules.(section 1, Rule IV, ibid. )
Nadayag vs. Grageda (09-27-94) Notarization is not an empty routine. Notarization of a private
document converts such document into a public one and renders it admissible in court without further
proof of its authenticity. A notary public should therefore be conscientious in seeing to it that justice
permeated every transaction for which his services had been engaged, in conformity with the avowed
duties of a worthy member of the Bar. S/he must fully explain the intricacies and consequences of the
subject transaction.
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)
What constitutes competent evidence of identity?
(a) at least one current identification document issued by an official agency bearing the photograph and
signature of the individua
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 02-18-13-SC)
A notary public is authorized to certify the affixing of a signature by thumb or other mark on an
presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument

notary public 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 notary
p
acknowledgment, jurat, or signature witnessing. (ibid.)
A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a
mark
two disinterested and unaffected witnesses to the i
notarizes his signature by acknowledgment or jurat. (ibid.)
Prohibitions
a) A notary 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
function areas in hotels and similar places for the signing of instruments or documents requiring
uiring
notarization is under detention.
Other prohibitions
(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or
document (1) is not in the notarys presence personally at the time of the notarization; and (2) is not
personally known to the notary public or otherwise identified by the notary public through competent
evidence of identity as defined by these Rules.
A notary public cannot notarize a document if s/he: (a) is a party to the instrument or document that is
to be notarized; (b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title,
interest, cash, property, or other consideration, except as provided by these Rules and by law; or (c) is a
spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the
principal within the fourth civil degree.
Other prohibited acts
A notary public shall not perform any notarial act described in these Rules for any person requesting
such an act eve
shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the formers
judgment, the signatory is not acting of his or her own free will.