Salient features of the notarial law

1. Salient features of theNOTARIAL LAW & the 2004 Rules Legal ethics Atty.
JFL Risonar
2. A.M. No. 02-8-13-SC (2004 Rules on Notarial Practice) The Notarial Law
(cf. provisions of the Revised Administrative Code)Relevant provisions
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 ofsuch certification.BASES: 251 of the Revised
Administrative Code
4. 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.BASES: 246 of
the Revised Administrative Code.
5. See: Protacio v. Mendoza, 395 SCRA 10, 17, January 13, 2003. Failure
to perform these duties would result in the revocation of their commission
as notaries public.BASES: 249 of the Revised Administrative Code
6. (c) to foster ethical conduct among notaries public. (b) to simplify,
clarify, and modernize the rules governing notaries public; and (a) to
promote, serve, and protect public interest;Purpose of the 2004 Notarial
Rules:
7. (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.) (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 (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; (2) must be over
twenty-one (21) years of age; (1) must be a citizen of the
Philippines;Who may be a Notary public?
8. Form &
(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.) (c) proof of
payment for the filing of the petition as required by these Rules; and (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; (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; Every petition for a
notarial commission shall be in writing, verified, and shall include the
following:contents of petition
9. Any person who has cause to oppose the same may file a written
opposition Notice shall be posted in the designated court areas and
published in a newspaper of general circulation Hearing of the petition
SUMMARY in nature Payment of application feeOther matters
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.)
11. 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.) Failure to file said
application will result in the deletion of the name of the notary public in the
register of notaries public. 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.May the term
be renewed?YES.
12. (6) any other act authorized by these Rules.(section 1, Rule IV, ibid. )
(5) copy certifications; and (4) signature witnessings; (3) jurats; (2)
oaths and affirmations; (1) acknowledgments; POWERS: A notary public
is empowered to perform the following notarial acts:Powers and
limitations of a notary public
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.
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)
15. (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. (section 12 Rule 2 AM 02-18-13SC) (a) at least one current identification document issued by an official
agency bearing the photograph and signature of the individual; orWhat
constitutes competent evidence of identity?
16. (4) the notary public notarizes the signature by thumb or other mark
through an acknowledgment, jurat, or signature witnessing. (ibid.) (3) the
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 public"; and (2) both
witnesses sign their own names in addition to the thumb or other mark;
(1) the thumb or other mark is affixed in the presence of the notary public
and of two (2) disinterested and unaffected witnesses to the instrument or
document;A notary public is authorized to certify the affixing of a
signature by thumb or other mark on an instrument or document
presented for notarization if:
17. (2) the signature of the notary public is affixed in 1) the notary public
is directed by the person unable to sign or make a mark to sign on his
behalf;A notary public is authorized to sign onbehalf of a person who is
physically unableto sign or make a mark on an instrument or document if:
(5) the notary public notarizes his signature by acknowledgment or jurat.
(ibid.) (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 (3) both witnesses sign their own names;the presence
of two disinterested and unaffected witnesses to the instrument or
document;
18. (4) any place where a party to an instrument or document requiring
notarization is under detention. (3) hospitals and other medical
institutions where a party to an instrument or document is confined for
treatment; and (2) public function areas in hotels and similar places for
the signing of instruments or documents requiring notarization; (1) public
offices, convention halls, and similar places where oaths of office may be
administered; 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 at the
request of the parties in the following sites located within his territorial
jurisdiction:Prohibitions

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?
20. the Supreme Court, thru 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 NO.HELD:
21. Finally, Atty. Quintana is 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.
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. The act of notarizing documents outside
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.Ruling:
22. (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. (1) is not in the notarys presence personally at the time of
the notarization; and (b) A person shall not perform a notarial act if the
person involved as signatory to the instrument or document Other
prohibitions
23. (c) is a spouse, common-law partner, ancestor, descendant, or relative
by affinity or consanguinity of the principal within the fourth civil degree.
(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 (a) is a party to the
instrument or document that is to be notarized;A notary public cannot
notarize a document if s/he:
24. (c) in the notarys judgment, the signatory is not acting of his or her
own free will. (b) 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 transaction requiring a notarial act; and (a) the
notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral; A notary public shall not perform any
notarial act described in these Rules for any person requesting such an act
even if he tenders the appropriate fee specified by these Rules if:Other
prohibited acts
25. HELD: acknowledgments 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 Q: May a lawyer notarize a document (Waiver and
Quitclaim) w/o the party appearing before him?Bon vs. Atty. Ziga and
Arcangel 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.
27. HELD: where the notarization 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. Q: What is the effect is a lawyer notarizes
documents despite the expiration of his notarial commission?SLU vs. Atty.
Dela Cruz