Salient features of the NOTARIAL LAW

& the 2004 Rules Legal ethics Atty.

JFL Risonar
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:
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.
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.
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.
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

notaries public.

conduct

among

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 02-18-13SC.)
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.)

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
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 fortyfive (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. )

transaction who each personally knows

the individual and shows to the notary
public documentary identification. (section
12 Rule 2 AM 02-18-13-SC)

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.

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.)

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 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

A notary public is authorized to sign

on behalf of a person who is
physically unable to 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.)

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.
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?
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
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.
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 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.
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.
Santuyo vs. Atty. Hidalgo
Q: 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.

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.