Beruflich Dokumente
Kultur Dokumente
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)
To simplify, clarify, and modernize the rules governing notaries public; and
Qualifications
Resident of the Philippines for at least 1 year and maintains a regular place of work or
business in the city or province where the commission is to be issued
Member of the Philippine Bar in good standing with clearances from the Office of the
Bar Confidant of the Supreme Court and the IBP
Must not have been convicted in the first instance of any crime involving moral
turpitude.
Renewal: written application with the Executive Judge for the renewal of his commission
within 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 the rules.
Clearances from:
Executive Judge of the RTC who will issue the notarial commission;
Local Chapter of the IBP where is applicant is seeking notarial commission; and
NBI
Term of Office: 2 years commencing on the 1st day of January on the year the commission
was made unless otherwise revoked or the notary public resigns.
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
Acknowledgments
Jurats
Signature witnessings
Copy certifications
appears in person before the notary public and presents an integrally complete
instrument or document;
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
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.
NOTARY PUBLIC
Series of ______.
SEC. 2. Affirmation or Oath. - The term Affirmation; or & Oath; refers to an act in which
an individual on a single occasion:
is personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules; and
avows under penalty of law to the whole truth of the contents of the instrument or
document.
appears in person before the notary public and presents an instrument or document;
is personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules;
SUBSCRIBED AND SWORN to before me, this _____________, by _____________ who exhibited to me
(his/her) ______ ID No. _____________ issued at _____________ on _____________, and who is the
same person who personally signed before me the foregoing affidavit and acknowledged
that he executed the same.
Notary Public
Series of ______.
SEC. 14. Signature Witnessing. -The term refers to a notarial act in which an individual on a
single occasion:
appears in person before the notary public and presents an instrument or document;
is personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules; and
signs the instrument or document in the presence of the notary public.
BEFORE ME, a Notary Public in and for the City of __________________, this ____________day of
_______________, personally appeared _________________who presented to me ( name of
document) which he voluntarily signed in my presence.
is presented with an instrument or document that is neither a vital record, a public record,
nor publicly recordable;
This is to certify that I was presented with a______(name of instrument) which is neither a
vital record, a public record, nor publicly recordable; that I copied/supervised the copying of
the instrument; and that I compared the copied instrument with the original copy and I
hereby certify that the copy is accurate and complete.
Affixed in his presence and two other disinterested and unaffected witnesses
to the document.
Both witnesses sign their own names in addition to the thumb or other mark.
There is an indication below the mark :Thumb or Other Mark affixed by (name of
signatory of the mark) in the presence of (names and addresses of the witnesses) and
undersigned notary public.
( Thumbmark of XXXX)
Thumbmark affixed by XXXX in the presence of YYYY, a resident of Cebu City, and ZZZZ, a
resident of Tagbilaran City, and the undersigned Notary Public.
NOTARY PUBLIC
Gen.Rule: Notarial act must only be performed within his regular place of work.
Exceptions: (performed at the request of the parties and at the following sites within his
territorial jurisdiction)
Public offices, convention halls, and similar places where oaths may be administered;
Hospitals and other medical institutions where a party is confined for treatment; and
Not in the notarys presence personally at the time of the notarization; and
Not personally known to the notary public or otherwise identified by the notary
public through competent evidence of identity.
will receive, as a direct or indirect result, any commission, fee, advantage, right, title,
interest, cash, property, or other consideration, except as provided by the rules and by
law; or
Not perform any notarial act for any person requesting an act even if he tenders the
appropriate fee stipulated in the rules if:
the notary knows or has good reason to believe the notarial act or transaction is
unlawful or immoral;
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
in the notarys judgment, the signatory is not acting on his or her own free will.
Function of a Notary Public
Notarial Register
Revocation of Commission
Appeal may be made to the SC for review, pending appeal, the sanction is
immediately executory, unless otherwise ordered by the SC.
Revocation of Commission
Grounds:
Fails to send the copy of the entries to the Executive Judge within the first 10
days of the following month;
Fails to require the presence of parties at the time of the notarial act;
Commits any other dereliction which is adjudged by the Executive Judge as a good
cause for revocation of commission or imposition of administrative sanction.
The oath or affirmation of one credible witness not privy to the instrument,
document or transaction who is personally known to the notary public or any
two credible witnesses (with documentary identification) and who personally
knows the individual.
ESPINOSA v. OMANA
Kasunduan Ng Paghihiwalay
In preparing and notarizing a void document, Respondent violated Rule 1.01, Canon 1 (duty
not to engage in unlawful, dishonest, immoral or deceitful). Respondent knew fully that the
Kasunduan has no legal effect and is against public policy. Even granting arguendo that, it
was her part-time staff who notarized the contract, it only showed Respondents negligence
in doing her notarial duties. A notary public is personally responsible for the entries
in his notarial register and he could not relieve himself of this responsibility by
passing the blame on his secretaries or any member of his staff.
Respondent was duly commissioned as a notary public for Quezon City but notarized a deed
of sale in Pasig City. In suspending Respondent, the Supreme Court reasoned that, while
seemingly appearing to be a harmless incident, Respondents act of notarizing documents in
a place outside of or beyond the authority granted by his notarial commission, partakes of
malpractice of law and falsification.
UY v. SAO
Notarization is not an empty, meaningless, routinary act but one invested with
substantive public interest converting a private document into a public document
making it admissible in evidence without further proof of authenticity. As such,
only those who are qualified and authorized may act as notaries public. Respondents
reliance upon his aides representation that his commission had been renewed
shows disregard of the requirements for issuance of a notarial commission.
DELA CRUZ v. DIMAANO, JR.
The Supreme Court held that notaries public should refrain from affixing their signature
and notarial seal on a document unless the persons who signed it are the same
individuals who executed it and personally appeared before them to attest to the
truth of what are stated therein, otherwise, notaries public would not be able to
verify the genuineness of the signatures and whether the document is the partys
free act or deed.
Notaries public are required by the Notarial Law to certify that the party to the instrument
has acknowledged and presented the proper residence certificate.
LINCO v. LACEBAL
The Supreme Court suspended Respondent from law practice and being a notary public
finding that, affiants previous personal appearance before Respondent does not
justify the notarization of the deed due to affiants absence on the day of
notarization. The rule requires Respondent not to notarize a document unless the
persons who signed the same are the very same persons who executed and
personally appeared before him to attest to its contents and truthfulness. Further,
in the notarial acknowledgment, Respondent attested to affiants personal appearance
before him on the day of notarization, yet, affiant clearly could not have appeared
as he already died a day before. Clearly, Respondent made a false statement and
violated Rule 10.01 of the Code of Professional Responsibility and his oath as a lawyer.