Notarial Law

What is Notarization?

Notarization refers to any act that a notary public is empowered to perform such as acknowledgments, oaths and
affirmations, jurats, signature witnessing, and copy certifications. (2004 Rules on Notarial Practice [Rules])

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 is an Acknowledgment?

Acknowledgment refers to an act in which an individual appears in person before the notary public and presents
an integrally complete instrument or document. Such person must be personally known to the notary public or
identified by the notary public through competent evidence of identity and
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 and declares that he has executed the instrument or
document as his free and voluntary act and deed. (Rule II, Sec. 1, Rules on Notarial Practice)

Examples of documents or instruments that are acknowledged before a notary public are deeds, contracts, and
agreements.

What is a Jurat?

Jurat refers to an act in which an individual appears in person before the notary public and presents an
instrument or document. Said person, who must be personally known to the notary public or identified by the
notary public through competent evidence of identity, signs the instrument or document in the presence of the
notary and takes an oath or affirmation before the notary public as to such instrument or document. (Rule II,
Sec. 6, Rules on Notarial Practice)

Examples of documents or instruments that contain jurats are affidavits and certifications.

What is a competent evidence of identity?

The phrase "competent evidence of identity" refers to the identification of an individual based on 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 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, certificate from the
National Council for the Welfare of Disabled Persons (NCWDP), Department of Social Welfare and
Development certification (Section 12 of Rule II, 2004 Rules on Notarial Practice, as amended by A.M. No. 02-
8-13-SC dated February 19, 2008); or 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.
What are samples of competent evidence of identity and which official agency issues them?

Drivers license issued by the Land Transportation Office (LTO)

Identification card issued by the Social Security System (SSS) or Government Service Insurance System
(GSIS)
Identification card issued by Philhealth

Passport issued by the Department of Foreign Affairs (DFA)

Identfication card issued by the Professional Regulation Commission (PRC) for nurses, physicians,
engineers and other professionals

Identification card issued by the Office of Senior Citizen's Affairs (OSCA)

Taxpayers identification card issued by the Bureau of Internal Revenue (BIR)

Voter's Identification card issued by the Commission on Elections (COMELEC)

Postal identification card issued by Philpost

Alien Certificate of Registration Identification Card issued by the Bureau of Immigration (BI) - for
foreigners

Can a Community Tax Certificate (CTC) or Cedula be presented instead?

No. While CTCs have previously been valid as proof of identity, the present Rules no longer consider the same
as valid since it does not contain any photograph of the person and may be easily obtained without any
supporting documents, and therefore is not a competent evidence of identity.

Salient features of the notarial law

1. Salient features of the NOTARIAL LAW & the 2004 Rules Legal ethics by Atty. JFL Risonar

2. Relevant provisions The Notarial Law (cf. provisions of the Revised Administrative Code) A.M. No. 02-8-
13-SC (2004 Rules on Notarial Practice)

3. BASES: 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.

4. BASES: 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.
5. BASES: 249 of the Revised Administrative Code Failure to perform these duties would result in the
revocation of their commission as notaries public. See: Protacio v. Mendoza, 395 SCRA 10, 17, January 13,
2003.

6. Purpose of the 2004 Notarial Rules: (a) to promote, serve, and protect public interest; (b) to simplify,
clarify, and modernize the rules governing notaries public; and (c) to foster ethical conduct among notaries
public.

7. 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.)

8. 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 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. (section 2, Rule 3 Ibid.)

9. 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 circulation Any person who has
cause to oppose the same may file a written opposition

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. 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.)

12. 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. )
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. 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 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. (section 12 Rule 2 AM 02-18-13-SC)

16. 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: (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; (2) both witnesses
sign their own names in addition to the thumb or other mark; (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 (4) the notary public notarizes the signature by
thumb or other mark through an acknowledgment, jurat, or signature witnessing. (ibid.)

17. 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: 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 acknowledgment or jurat. (ibid.)

18. 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
at the request of the parties in the following sites located within his territorial jurisdiction: (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; (3) hospitals and
other medical institutions where a party to an instrument or document is confined for treatment; and (4) any
place where a party to an instrument or document requiring notarization is under detention.

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. HELD: NO. 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

21. Ruling: 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. 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. 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.

22. 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.

23. 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.

24. Other prohibited acts 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: (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 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 (c) in the notarys
judgment, the signatory is not acting of his or her own free will.

25. Bon vs. Atty. Ziga and Arcangel Q: May a lawyer notarize a document (Waiver and Quitclaim) w/o the
party appearing before him? 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 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. SLU vs. Atty. Dela Cruz Q: What is the effect is a lawyer notarizes documents despite the expiration of his
notarial commission? 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.