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 individualsuch 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.