Notarial Law Violations

Problem Areas in Legal Ethics

Arellano University School of Law Arellano Law Foundation
2015-2016

Resolution A.M. No. 02-8-13-SC

05 July 2004

Acting on the compliance dated 05 July 2004 and on the proposed

Rules on Notarial Practice of 2004 submitted by the SubCommittee for the Study, Drafting and Formulation of the Rules
Governing the Appointment of Notaries Public and the
Performance and Exercise of Their Official Functions, of the
Committees on Revision of the Rules of Court and on Legal
Education and Bar Matters, the Court Resolved to APPROVE the
proposed Rules on Notarial Practice of 2004, with modifications.

Eligibility requirements to become a

notary public
Rule III SECTION 1. Qualifications. - A notarial commission may be issued
by an Executive Judge to any qualified person who submits a petition in
accordance with these Rules.
To be eligible for commissioning as notary public, the petitioner:
(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.

Stationary office is required

Rule II SEC. 11. Regular Place of Work or Business. - The term

"regular place of work or business" refers to a stationary office in
the city or province wherein the notary public renders legal and
notarial services.

Notice of Summary Hearing

Rule III SEC. 5. Notice of Summary Hearing. - (a) The notice of

summary hearing shall be published in a newspaper of general
circulation in the city or province where the hearing shall be
conducted and posted in a conspicuous place in the offices of
the Executive Judge and of the Clerk of Court. The cost of the
publication shall be borne by the petitioner. The notice may
include more than one petitioner.

What is an oath?

Rule II SEC. 2. Affirmation or Oath. - The term "Affirmation" or

"Oath" refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public;

(b) is personally known to the notary public or identified by the
notary public through competent evidence of identity as defined
by these Rules; and
(c) avows under penalty of law to the whole truth of the contents of
the instrument or document.

Jurat
Rule II 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.
A jurat is, among others, an attestation that the person
who presented the instrument or document to be notarized is
personally known to the notary public or identified by the notary
public through competent evidence of identity.

What is an acknowledgement?

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. (See Section 1, Rule II of 2004 Rules
of Notarial Practice) - Testate Estate of the late Alipio Abada v. Abaja,
G.R. No. 147145. January 31, 2005

Notarized document

Petitioner phrases this issue as to whether the will has to be notarized. A

notarized document includes one that is subscribed and sworn under
oath or one that contains a jurat. Testate Estate of the late Alipio Abada
v. Abaja, G.R. No. 147145. January 31, 2005

Purpose of acknowledgement in a
notarial will

An acknowledgment is the act of one who has executed a deed in

going before some competent officer or court and declaring it to be
his act or deed. It involves an extra step undertaken whereby the
signatory actually declares to the notary public that the same is
his or her own free act and deed. The acknowledgment in a
notarial will has a two-fold purpose: (1) to safeguard the
testators wishes long after his demise and (2) to assure that his
estate is administered in the manner that he intends it to be done.
Manuel L. Lee v. Atty. Regino B. Tambago, A.C. No. 5281, February
12, 2008)

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Limitation of
Notaries public ex-officio

Notaries public ex-officio only in the notarization of documents

connected with the exercise of their official functions. They may
not undertake the preparation and acknowledgment of documents
which bear no relation to the performance of their functions as
judges. Ellert v. Judge Galapon, Jr., A.M No. MTJ-00-1294, July 31,
2000

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Changes of Status of Notary

Rule X SECTION 1. Change of Name and Address.
Within ten (10) days after the change of name of the notary public by court
order or by marriage, or after ceasing to maintain the regular place of
work or business, the notary public shall submit a signed and dated
notice of such fact to the Executive Judge.
The notary public shall not notarize until:
(a) he receives from the Executive Judge a confirmation of the new name of
the notary public and/or change of regular place of work or business;
and
(b) a new seal bearing the new name has been obtained.

The foregoing notwithstanding, until the aforementioned steps have been

completed, the notary public may continue to use the former name or
regular place of work or business in performing notarial acts for three
(3) months from the date of the change, which may be extended once for
valid and just cause by the Executive Judge for another period not
exceeding three (3) months.
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Resignation as notary public

Rule 10 SEC. 2. Resignation. - A notary public may resign his

commission by personally submitting a written, dated and signed
formal notice to the Executive Judge together with his notarial seal,
notarial register and records. Effective from the date indicated in
the notice, he shall immediately cease to perform notarial acts. In
the event of his incapacity to personally appear, the submission of
the notice may be performed by his duly authorized
representative.

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Publication of Resignation

SEC. 3. Publication of Resignation. - The Executive Judge shall

immediately order the Clerk of Court to post in a conspicuous
place in the offices of the Executive Judge and of the Clerk of Court
the names of notaries public who have resigned their notarial
commissions and the effective dates of their resignation.

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Notarial Certificate

Rule II SEC. 8. Notarial Certificate. - "Notarial Certificate" refers to

the part of, or attachment to, a notarized instrument or
document that is completed by the notary public, bears the
notary's signature and seal, and states the facts attested to by the
notary public in a particular notarization as provided for by these
Rules.

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Information required to
be indicated as part of a counsels signature
Apart from the signature itself, additional information is
required to be indicated as part of a counsels signature:
(1) Per Rule 7, Section 3 of the Rules of Court, a counsels
address must be stated;
(2) In Bar Matter No. 1132,40 this court required all lawyers to
indicate their Roll of Attorneys number;
(3) In Bar Matter No. 287,41 this court required the inclusion of
the number and date of their official receipt indicating
payment of their annual membership dues to the Integrated
Bar of the Philippines for the current year; in lieu of this, a
lawyer may indicate his or her lifetime membership number;

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..
(4) In accordance with Section 139 of the Local Government
Code,42 a lawyer must indicate his professional tax receipt
number;
(5) Bar Matter No. 192243 required the inclusion of a counsels
Mandatory Continuing Legal Education Certificate of
Compliance or Certificate of Exemption; and
(6) This courts Resolution in A.M. No. 07-6-5-SC44 required the
inclusion of a counsels contact details. Uy v. Atty. Pacifico M.
Maghari, III, A.C. No. 10525, September 1, 2015

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..
The inclusion of a counsels Roll of Attorneys number,
professional tax receipt number, and Integrated Bar of
the Philippines (IBP) receipt (or lifetime membership)
number is intended to preserve and protect the
integrity of legal practice.
They seek to ensure that only those who have satisfied
the requisites for legal practice are able to engage in it.
With the Roll of Attorneys number, parties can readily
verify if a person purporting to be a lawyer has, in fact,
been admitted to the Philippine bar.

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..
With the professional tax receipt number, they can
verify if the same person is qualified to engage in a
profession in the place where he or she principally
discharges his or her functions.
With the IBP receipt number, they can ascertain if the
same person remains in good standing as a lawyer. These
pieces of informationprotect the public from bogus
lawyers.
Paying professional taxes (and the receipt that proves
this payment) is likewise compliance with a revenue
mechanism that has been statutorily devolved to local
government units.
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.
The inclusion of information regarding compliance
with (or exemption from) Mandatory Continuing
Legal Education (MCLE) seeks to ensure that legal
practice is reserve only for those who have complied
with the recognized mechanism for keep[ing] abreast
with law and jurisprudence, maintain[ing] the ethics of
the profession[,] and enhanc[ing] the standards of the
practice of law.

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The inclusion of a counsels address and contact details
is designed to facilitate the dispensation of justice.
These pieces of information aid in the service of court
processes, enhance compliance with the requisites of
due process, and facilitate better representation of a
clients cause. - Uy v. Atty. Pacifico M. Maghari, III, A.C. No. 10525,
September 1, 2015

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Copy Certification
Rule II SEC. 4. Copy Certification. - "Copy Certification" refers to a
notarial act in which a notary public:
(a) is presented with an instrument or document that is neither a
vital record, a public record, nor publicly recordable;
(b) copies or supervises the copying of the instrument or
document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.

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Copy certification is required by rule of

evidence

Rule 132 Section 25. What attestation of copy must state.

Whenever a copy of a document or record is attested for the
purpose of evidence, the attestation must state, in substance,:
that the copy is a correct copy of the original, or a specific part
thereof, as the case may be.
The attestation must be under the official seal of the
attesting officer, if there be any, or if he be the clerk of a court
having a seal, under the seal of such court.

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Prima facie evidence of the execution

Rule 132 Section 30. Proof of notarial documents. Every

instrument duly acknowledged or proved and certified as
provided by law, may be presented in evidence without further
proof, the certificate of acknowledgment being prima facie
evidence of the execution of the instrument or document involved.

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Competent Evidence of Identity

Rule II SEC. 12. 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.

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CTC not a valid form of

identification

It is apparent that a CTC, which bears no photograph, is no longer

a valid form of identification for purposes of Notarization of Legal
Documents. No less than the Supreme Court itself, when it
revoked the Notarial Commission of a member of the Bar in
Baylon v. Almo, reiterated this when it said:
As a matter of fact, recognizing the established unreliability of a
community tax certificate in proving the identity of a person who
wishes to have his document notarized, we did not include it in the
list of competent evidence of identity that notaries public should
use in ascertaining the identity of persons appearing before them
to have their documents notarized.- Amora, Jr. v. COMELEC
G.R. No. 192280, January 25, 2011
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Competent evidence of identity is

not required

If the notary public knows the affiants personally, he need not

require them to show their valid identification cards. This rule is
supported by the definition of a jurat under Section 6, Rule II of
the 2004 Rules on Notarial Practice.
A 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; (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. - Jandoquile v. Atty. Revilla Jr., A.C. No. 9514, April 10,
2013

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The fact of knowing personally the

affiants must be indicated in the
jurat

In this case, Heneraline Brosas is a sister of Atty. Revilla, Jr.s wife;

Herizalyn Brosas Pedrosa is his wifes sister-in-law; and Elmer
Alvarado is the live-in houseboy of the Brosas family. Atty. Revilla,
Jr. knows the three affiants personally. Thus, he was justified in no
longer requiring them to show valid identification cards. But Atty.
Revilla, Jr. is not without fault for failing to indicate such fact in the
jurat of the complaint-affidavit. No statement was included
therein that he knows the three affiants personally. Jandoquile v. Atty. Revilla Jr., A.C. No. 9514, April 10, 2013

28

NO current identification document

issued by an official agency

1. 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
2. the oath or affirmation 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.

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The individual has no current identification

document issued by an official agency
A third party can attest in behalf of the individual under the
following:
1. The credible witness is not privy to the instrument, document or
transaction.
2. The notary public personally knows the credible witness.
3. The credible witness personally knows the individual.

The notary public personally knows the third party.

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The notary public does not personally knows

the third party [two witnesses]
1. The 2 credible witnesses are not privy to the instrument,
document or transaction.
2. The 2 credible witnesses each personally knows the individual
and
3. Shows to the notary public documentary identification [of their
real by showing current identification document issued by an
official agency].

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 Signature witnessing"
Rule II SEC. 14. Signature Witnessing. -The term "signature
witnessing" refers to a notarial 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; and
(c) signs the instrument or document in the presence of the notary
public.

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Document for notarization must be

signed in the presence of notary
public

By respondents admission, the affidavit was already signed by the

purported affiant at the time it was presented to him for
notarization. Respondent thus failed to heed his duty as a notary
public to demand that the document for notarization be signed
in his presence. - Traya, Jr. v. Atty.Villamor, A.C. No.4595.
February 6, 2004

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Term

Rule III SEC. 11. Jurisdiction and Term. - 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.

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Rule III SEC. 7

Form of Notarial Commission
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF ______________
This is to certify that (name of notary public) of (regular place of work
or business) in (city or province) was on this (date) day of (month)
two thousand and (year) commissioned by the undersigned as a
notary public, within and for the said jurisdiction, for a term ending
the thirty-first day of December (year).
_______________
Executive Judge

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Use of thumb or other mark

Rule IV SECTION 1. Powers.
xxx
(b) 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.

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Prohibited acts of a notary

SEC. 2. 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

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Cont
(4) any place where a party to an instrument or document
requiring notarization is under detention.
(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 notary's 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.

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When a notary public can sign on behalf

of a person
SECTION 1. Powers.
xxx
(c) 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.

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Disqualified to perform notarial act

SEC. 3. Disqualifications. - A notary public is disqualified from

performing a notarial act if 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.

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Disqualified to notarize
Let it be impressed that Atty. Revilla, Jr. was clearly
disqualified to notarize the complaint-affidavit of his
relatives within the fourth civil degree of affinity.
While he has a valid defense as to the second charge, it
does not exempt him from liability for violating the
disqualification rule. - Jandoquile v. Atty. Revilla Jr.,
A.C. No. 9514, April 10, 2013

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Prohibition to do a notarial act even if

payment is tendered

Rule IV 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.

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Prohibition to do a notarial act

Rule IV 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.

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Notary public should not notarize

Improper Instruments or Documents

Rule IV 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.

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Contents of the Concluding Part of the

Notarial Certificate

Rule VIII SEC. 2. Contents of the Concluding Part of the Notarial

Certificate. - The notarial certificate shall include the following:
(a) the name of the notary public as exactly indicated in the
commission;
(b) the serial number of the commission of the notary public;
(c) the words "Notary Public" and the province or city where the
notary public is commissioned, the expiration date of the
commission, the office address of the notary public; and
(d) the roll of attorney's number, the professional tax receipt
number and the place and date of issuance thereof, and the IBP
membership number.

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Schedule of fees
RRC 141 Sec. 12. Notaries. -- No notary public shall charge or receive for any service rendered
by him any fee, remuneration or compensation in excess of those expressly prescribed in the
following schedule:
(a) For protests of drafts, bills of exchange, or promissory notes for non-acceptance or nonpayment, and for notice thereof, ONE HUNDRED (P100.00) PESOS; chan robles virtual law
library
(b) For the registration of such protest and filing or safekeeping of the same, ONE HUNDRED
(P100.00) PESOS;
(c) For authenticating powers of attorney, ONE HUNDRED (P100.00) PESOS;
(d) For sworn statement concerning correctness of any account or other document, ONE
HUNDRED (P100.00) PESOS;
(e) For each oath of affirmation, ONE HUNDRED (P100.00) PESOS;
(f) For receiving evidence of indebtedness to be sent outside, ONE HUNDRED (P100.00) PESOS;
(g) For issuing a certified copy of all or part of his notarial register or notarial records, for each page,
ONE HUNDRED (P100.00) PESOS;
(h) For taking depositions, for each page, ONE HUNDRED (P100.00) PESOS; and
(i) For acknowledging other documents not enumerated in this section, ONE HUNDRED (P100.00)
PESOS. (11a)

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Purpose of physical presence

The physical presence of the affiants enables the notary public to

verify the genuineness of the signatures of the acknowledging
parties and to ascertain that the document is the parties free act
and deed. Angeles, et. al. v. Atty. Ibaez, A.C. No. 7860 January
15, 2009

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Interviewing the contracting parties does not make

the parties personally known to the notary public

That the parties appeared before [notary ex-officio] and that he

interviewed them do not make the parties personally known to
him. The parties are supposed to appear in person to subscribe to
their affidavits. To personally know the parties, the notary public
must at least be acquainted with them. Interviewing the
contracting parties does not make the parties personally
known to the notary public. Tupal v. Judge Rojo, A.M. No.
MTJ141842, February 24, 2014

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Acknowledgement and personal

appearance

As it were, the Notarial Law is silent as to whether or not the parties

to a conveying instrument must be present before the notary
public at the same time when they acknowledge its due
execution. - Tan Tiong Bio v. Atty. Renato L. Gonzalez, A.C. no.
6634, August 23, 2007

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Personal knowledge of a false statement

or information

Where admittedly the notary public has personal knowledge of a

false statement or information contained in the instrument to be
notarized, yet proceeds to affix his or her notarial seal on it, the
Court must not hesitate to discipline the notary public accordingly
as the circumstances of the case may dictate. Otherwise, the
integrity and sanctity of the notarization process may be
undermined and public confidence on notarial documents
diminished. Heirs of the late Sps. Lucas and Francisca Villanueva v.
Atty. Salud P. Beradio, A.C. No. 6270, January 22, 2007)

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Personal appearance is required

Hence, a notary public should not 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 the
contents and truth of what are stated therein.

A notary public is duty-bound to require the person executing a

document:
1. to be personally present,
2. to swear before him that he is that person and ask the latter if he
has voluntarily and freely executed the same. (Pantoja-Mumar
v. Atty. Flores, A.C. No. 5426, April 3, 2007)

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Notarization is not a
ministerial duty

In this case, Atty. Gasmen claimed that before the SPA and loan
application were notarized, the proceeds were already released to
NGC by AMWSLAI, thus, dispensing with the need for notarization.
Moreover, he insisted that the notarization of said documents was
merely done on a ministerial basis, with proper safeguards, and
that it cannot be expected of him to require the personal
appearance of every loan applicant considering the hundreds of
loan applications brought to him for signing. FO Sappayani v.
Atty. Gasmen, A.C. no. 7073, September 01, 2015

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No need for notary to retain a copy of

the will
On the issue of whether respondent was under the legal obligation
to furnish a copy of the notarized will to the archives division,
Article 806 provides:
Art. 806. Every will must be acknowledged before a notary public by
the testator and the witness. The notary public shall not be
required to retain a copy of the will, or file another with the
office of the Clerk of Court. (emphasis supplied)
Respondents failure, inadvertent or not, to file in the archives
division a copy of the notarized will was therefore not a cause for
disciplinary action. (Lee v. Atty. Tambago, A.C. No. 5281, February
12, 2008)

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A notary public cannot appear before

himself

Respondent also alleged that in signing for and in behalf of his

client Pagunsan and Bofetiado, his signature was preceded by
the word "By" which suggests that he did not in any manner
make it appear that those persons signed in his presence ;
aside from the fact that his clients authorized him to sign for and in
their behalf, considering the distance of their place of residence to
that of the respondent and the reglementary period in filing said
pleadings he had to reckon with.

xxx having signed the Verification of the pleading, he cannot

swear that he appeared before himself as Notary Public.
Villarin v. Atty. Sabate, Jr.,A.C. No. 3324 February 9, 2000

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Thank you for your attention!!

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