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1.

who is a notary public

Notary Public or a notary is any person commissioned to perform official acts


(1) Acknowledgements;
(2) Oaths and affirmations;
(3) Jurats;
(4) Signature witnessing;
(5) Copy certifications; and
(6) Any other act authorizes in the rules

Purpose: To verify the personal appearance of affiant and the genuineness of signature

To authenticate document and verify due execution, making document admissible in evidence
without proof of authenticity

2 what are the qualifications

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.

Note: When there are no persons with the necessary qualifications OR where there are qualified
persons but they refuse appointment, a notary public does NOT have to be a lawyer. The following
persons may be appointed as notaries:

(1) Those who have passed the studies of law in a reputable university
(2) A clerk or deputy clerk of court for a period of not less than two years

3. what is a competent evidence of identity and enumerate examples of a competent evidence of


identity
. Competent Evidence of Identity. - The phrase "competent evidence of identity" refers to the
identification of an individual based on:
(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.
Here are examples*** as provided by the 2008 amendment to AM No. 02-8-13-SC:

1.) passport

2.) driver’s license

3.) Professional Regulations Commission ID

4.) NBI clearance

5.) police clearance

6.) postal ID

7.) voter’s ID

8.) Barangay certification

9.) GSIS e-card, SSS card, Philhealth card, or senior citizen card

10.) OWWA ID, OFW ID or seaman’s book

11.) alien certificate of registration or immigrant certificate of registration

12.) government office ID

13.) certification from the National Council for the Welfare of Disable Persons (NCWDP) or from DSWD

4 what is the term of a notary public


A notarial commission is granted by an executive judge after petition of the lawyer, and is good for
two years commencing on the 1st day of January of the year in which the commission is made
UNLESS earlier revoked or the notary public has resigned according to these Rules and the Rules of
Court. [Rule III, Sec. 11].

5. what is the jurisdiction of a notary public

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.
General Rule: Notarization of document must be at the notary public’s regular place of work.

6. what are the exceptions to the jurisdiction

Exceptions:
(1) In public offices, convention halls and other places where oaths of office are administered, public
function areas in hotels and similar areas used for the signing of instruments or documents requiring
notarization
(2) Hospitals and other medical institutions where a part to an instrument is confined for
treatment (3) Any place where a party to the instrument requiring notarization is under detention

(3) Any place where a party to the instrument requiring notarization is under detention.

7. at what instance can a notary public refuse to notarize a document

SEC. 4. Refusal to Notarize. - 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 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.
SEC. 5. False or Incomplete Certificate. - A notary public shall not:
(a) execute a certificate containing information known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete.
SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate notarial certification.

8.

9. what is an acknowledgment
Acknowledgment. - "Acknowledgment" refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an integrally complete instrument or
document;
(b) 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
(c) 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.

10. what is a jurat


SEC. 6. Jurat. - "Jurat" refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and
(d) takes an oath or affirmation before the notary public as to such instrument or document.