2004 RULES ON NOTARIAL PRACTICE A.M. NO. 02-8-13-SC What is the purpose of notarial law? 1. To promote, promote, serve, and protect protect public interest; interest; 2. To simplify, simplify, clarify, clarify, and modernize modernize the rules governing governing notaries notaries public; and . To foster ethical ethical conduct conduct among among notaries notaries public. public. !Sec. !Sec. 2, Rule I, A.M. No. 02-8-13-SC" 02-8-13-SC"
Who is a notary public? #
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$%otary &ublic' and $%otary' refer to any person comm commis issi sion oned ed to perf perfor orm m o(ci o(cial al acts acts unde underr the the rule rules s on %otarial &ractice. !Sec. !Sec. 9, Rule II, A.M. No. 02-8-13-SC" 02-8-13-SC " ) person person appo appoint inted ed by the cour courtt whose whose duty duty is is to attes attestt to the the genuineness of any deed or writing in order to render them avai availa labl ble e as evid eviden ence ce of fact facts s state stated d ther therei ein n and and who who is authorized by the statute to administer various oaths.
What must one posses to *ualify as a notary public? #
To be eligible for for commissioning as notary ary public, the petitioner must be+ 1. ) citiz citizen en of the the &hilip &hilippin pines; es; 2. ver ver 21 21 year years s of age; age; . ) reside sident nt in the the &hil hilippi ppines nes for for at leas leastt 1 year and and maintains a regular place of wor- or business in the city or province where where the commission is to be issued; . ) membe emberr of the the &h &hil ilip ippi pine ne /ar /ar in good good stan standi ding ng with with clea cleara ranc nces es from from the the (ce (ce of the the /ar /ar 0on 0onda dant nt of the the upreme 0ourt and the 3ntegrated /ar of the &hilippines; and 4. 5as not been been convicte convicted d in the rst rst instance instance of any crime crime nd involving moral turpitude. !2 ! 2 par., Sec. 1, Rule III, 2004 Rules on Notarial ractice, A.M. No. 02-8-13-SC" 02-8-13-SC"
6orm of the petition and supporting documents for a notarial commission #
7ver 7very y petiti petition on for a nota notari rial al commi commiss ssio ion n shall shall be in writ writin ing, g, veried, and shall include the following+
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1. ) statement containing the petitioner8s personal *ualications, including the petitioner8s date of birth, residence, telephone number, professional ta9 receipt, roll of attorney8s number and 3/& membership number, 2. 0ertication of good moral character of the petitioner by at least 2 e9ecutive o(cers of the local chapter of the 3/& where he is applying for commission; . &roof of payment for the piling of the petition as re*uired by the :ules on %otarial &ractice; and . Three passport#size color photographs with light bac-ground ta-en within days of the application. The photograph should not be retouched. The petitioner shall sign his name at the bottom part of the photographs. !Sec. 2, Rule III, A.M. No. 02-8-13-SC" %ote+ 7very petitioner for a notarial commission shall pay the application fee as prescribed in the :ules of 0ourt. ! Sec. 3, Rule III, A.M. No. 02-8-13-SC"
ummary 5earing on the &etition #
The 79ecutive
0ommission #
3t refers to the grant of authority to perform notarial acts and to the written evidence of the authority. !Sec. 3, Rule II, A.M. No. 02-8-13-SC" # ) notarial commission may be issued by an 79ecutive
) person commissioned as notary public may perform notarial acts in any place within the territorial =urisdiction of the commissioning court for a period of two !2" years commencing the rst day of
>ay the term be renewed? # #
es. ) notary public may le a written application with the 79ecutive
What are the powers of notary public? #
) notary public is empowered to perform the following notarial acts+ 1. )c-nowledgments; 2. aths and a(rmations; .
What is an ac-nowledgment? #
)c-nowledgment refers to an act in which an individual on a single occasion+ 1. )ppears in person before the notary public and presents an integrally complete instrument or document;
2. 3s attested to be personally -nown to the notary public or identied by the notary public through competent evidence of identity as dened by the :ules on %otarial &ractice; and . :epresents to the notary public that the signature on the instrument or document was voluntarily a(9ed by him for the purposes stated in the instrument or document, declares that he has e9ecuted 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. !Sec. 1, Rule II, A.M. No. 02-8-13-SC"
What is an a(rmation or oath? #
3t refers to an act in which an individual on a single occasion+ 1. )ppears in person before the notary public; 2. 3s personally -nown to the notary public or identied by the notary public through competent evidence of identity as dened by the :ules on %otarial &ractice; and . )vows under penalty of law to the whole truth of the contents of the instrument or document. ! Sec. 2, Rule II, A.M. No. 02-8-13-SC"
What is a =urat? #
3t refers to an act in which an individual on a single occasion+ 1. )ppears in person before the notary public and presents an instrument or document; 2. 3s personally -nown to the notary public or identied by the notary public through competent evidence of identity as dened by the :ules on %otarial &ractice; . igns the instrument or document in the presence of the notary; and . Ta-es an oath or a(rmation before the notary public as to such instrument or document. !Sec. !, Rule II, A.M. No. 028-13-SC"
What is signature witnessing? #
3t refers to a notarial act in which an individual on a single occasion+ 1. )ppears in person before the notary public and presents an instrument or document; 2. 3s personally -nown to the notary public or identied by the notary public through competent evidence of identity as dened by the :ules on %otarial &ractice; and
. igns the instrument or document in the presence of the notary public. !Sec. 14, Rule II, A.M. No. 02-8-13-SC"
What is copy certication? #
3t refers to a notarial act in which a notary public+ 1. 3s presented with an instrument or document that is neither vital record, a public record, nor publicly recordable; 2. 0opies or supervises the copying of the instrument or document; . 0ompares the instrument or document with the copy; and . Aetermines that the copy is accurate and complete. !Sec. 4, Rule II, A.M. No. 02-8-13-SC"
%ote+ The document copied must be an original document. cannot be a copy itself.
3t
3s the notary public authorized to certify the a(9ing of a signature by thumb or other mar- on an instrument or document presented for notarization? #
es. 3t is also within the powers of a notary public, provided+ 1. The thumb or other mar- is a(9ed in the presence of the notary public and of two !2" disinterested and unaBected witnesses to the instrument or document; 2. /oth witnesses sign their own names in addition to the thumb or other mar-; . The notary public writes below the thumb or other mar-+ $thumb or other mar- a(9ed by !name of signatory by mar-" in the presence of !names and addresses of witness" and undersigned notary public', and . The notary public notarizes the signature by thumb or other mar- through an ac-nowledgment, =urat or signature witnessing. !Sec. 1#&$, Rule I%, A.M. No. 02-8-13-SC"
3s a notary public authorized to sign on behalf of a person who is physically unable to sign or ma-e a mar- on an instrument or document? #
es. 3t li-ewise falls within the powers of a notary public, provided+ 1. The notary public is directed by the person unable to sign or ma-e a mar- to sign on his behalf; 2. The signature of the notary public is a(9ed in the presence of 2 disinterested and unaBected witnesses to the instrument or document;
. /oth witnesses sign their own names; . The notary public writes below his signature+ $ignature a(9ed by notary in the presence of !names and addresses of person and 2 witnesses"', and 4. The notary public notarizes his signature by ac-nowledgment or =urat. !Sec. 1#c$, Rule I%, A.M. No. 02-813-SC"
5ow should a notary public notarize an instrument or document? #
3n notarizing an instrument or document, a notary public shall+ 1. ign by hand on the notarial certicate only the name indicated and as appearing on the notary8s commission, 2. %ot sign using a facsimile stamp or printing device; and . )(9 his o(cial signature only at the time the notarial act is performed. !Sec. 1, Rule %II, A.M. No. 02-8-13-SC"
PROHIBITIONS ). A notary p!"#$ %&a"" not p'r(or) a notar#a" a$t ot%#*' &#% r'+"ar p"a$' o( ,or or !%#n'%%+ provided, however, that on certain e9ceptional occasions or situations, a notarial act may be performed at the re*uest of the parties in the following sites located within his territorial =urisdiction+ !1." public o(ces, convention halls, and similar places where oaths of o(ce may be administered; !2." public areas in hotels and similar places for the signing of instruments or documents re*uiring notarization; !." hospitals and other medical institutions where a party to an instrument or document is conned for treatment; and !." any place where a party to an instrument or document re*uiring notarization is under detention. ! Sec. 2 #a$, Rule I%, A.M. No. 02-8-13-SC"
What is the phrase $regular place of wor- or business' of a notary public mean? #
The regular place of wor- or business refers to a stationary o(ce in the city or province wherein the notary public renders legal and notarial services. !Sec. 11, Rule II, A.M. No. 02-8-13SC"
0an a notary public perform a notarial act outside his =urisdiction and his regular place of wor- or business?
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R"'+ ) notary public shall not perform a notarial act outside his =urisdiction and his regular place of wor- or business. E$'pt#on+ ) notarial act may be performed at the re*uest of the parties in the following sites !provided under ! Sec. 2#a$, Rule I%, A.M. No. 02-8-13-SC", other than his regular place of wor- or business, located within his territorial =urisdiction.
/. ) notary public shall not perform a notarial act if the person involved as signatory to the instrument or document C !1." is not in the notary8s presence personally at the time of the notarization; and !2." is not personally -nown to the notary public or otherwise identied by the notary public through competent evidence of identity as dened by these :ules. !Sec. 2 #&$, Rule I%, A.M. No. 02-8-13-SC"
What is competent evidence of identity? #
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3t refers to the identication of individual based on+ 1. At "'a%t on' $rr'nt #*'nt#/$at#on *o$)'nt #%%'* !y an o$#a" a+'n$y !'ar#n+ t&' p&oto+rap& an* %#+natr' o( t&' #n*##*a" such as but not limited to+ !7numeration of valid 3A8s C you -now what they are." 3t refers to the identication of an individual based on+ 2. T&' oat& or ar)at#on o( on' $r'*#!"' ,#tn'%% not pr#y to t&' #n%tr)'nt *o$)'nt or tran%$$at#on ,&o #% p'r%ona""y ,&o #% p'r%ona""y no,n to t&' notary p!"#$ an* ,&o p'r%ona""y no,% t&' #n*##*a" or o( t,o $r'*#!"' ,#tn'%%'% n'#t&'r o( ,&o) #% pr#y to t&' #n%tr)'nt *o$)'nt or tran%a$t#on ,&o 'a$& p'r%ona""y no,% t&' #n*##*a" an* %&o,% to t&' notary p!"#$ *o$)'ntary #*'nt#/$at#on. !Sec. 12 #&$, Rule II o' t(e 2004 Rules on Notarial ractice" Not'+ These are in addition to the presentation of the signatories8 0ommunity Ta9 0erticate !0T0". ection 1@ of the Docal Eovernment 0ode+ $!a." When an individual sub=ect to the community ta9 ac-nowledges any document before a notary public, Fit shall be the duty of any person, o(cer, corporation with whom such transaction is madeF to re*uire such individual to e9hibit the community ta9 certicate.'
ISUALI5ICATIONS
) notary public is dis*ualied from performing a notarial act if he+ !a." !b."
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is a party to the instrument or document that is to be notarized; will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, e9cept as provided by these :ules and by law; or is a spouse, common#law partner, ancestor, descendant, or relative by a(nity or consanguinity of the principal within the fourth civil degree. !Sec. 3, Rule I%, A.M. No. 02-8-13-SC"
Not'+ The function of a notary public is, among others, to guard against any illegal or immoral arrangements. That function would be defeated if the notary public is one of the signatories to the instrument. 6or then, he would be interested in sustaining the validity thereof as it directly involves himself and the validity of his own act. 3t would place him in an inconsistent position, and the very purpose of the ac-nowledgment, which is to minimize fraud, would be thwarted. !%illarin ). Sa&ate, A.C. No. 3224, *e&. 9, 2000"
When may a notary public refuse to ntoarize even if the appropriate fee is tendered? !a." !b."
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the notary -nows or has good reason to believe that 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 former8s -nowledge of the conse*uences of the transaction re*uiring a notarial act; and in the notary8s =udgment, the signatory is not acting of his or her own free will. !Sec. 4, Rule %, A.M. No. 02-8-13-SC" 3f the document or instrument to be notarized is considered as an improper document by the :ules on %otarial &ractice. Not'+ 3mproper instrumentGdocument is a blan- or incomplete instrument or an instrument or document without appropriate notarial certication. !Sec. !, Rule %, A.M. No. 02-8-13-SC"
What is a notarial certicate? #
3t refers to the part of, or attachment to a notarized instrument or document that is completed by the notary public which bears the notary8s signature and seal, and states the facts attested to by the notary public in a particular
notarization as provided for by the :ules on %otarial &ractice. !Sec. 8, Rule II, A.M. No. 02-8-13"
What must the notarial certicate contain? 1. The name of the notary public as e9actly indicated in the commission. 2. The serial number of the commission of the notary public; . The words $%otary &ublic' and the province or city where the notary public is commissioned, the e9piration date of the commission, the o(ce address of the notary public; and . The roll of attorney8s number, the professional ta9 receipt number and the place and date of issuance thereof, and the 3/& membership number. !Sec. 2, Rule %III, A.M. No. 02-8-13-SC"
What is a %otarial :egister? #
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3t refers to a permanently bound boo- with numbered pages containing a chronological record of notarial acts performed by a notary public. !Sec. +, Rule II, A.M. No. 02-8-13-SC" Not'+ The notary public shall give to each instrument or document e9ecuted, sworn to, or ac-nowledged before him a number corresponding to the one in his register, and shall also state on the instrument or document the pageGs of his register on which the same is recorded. %o blan- line shall be left between entries. !Sec. 2 #e$, Rule %I, A.M. No. 02-8-13-SC"
What are the eBects of notarization? 1. The notary, in eBect, proclaims to the world that+ a. )ll the parties therein personally appeared before him; b. They are personally -nown to him; c. They are the same persons who e9ecuted the instrument; d. 5e in*uired into the voluntariness of the e9ecution of the instrument; e. They ac-nowledge personally before him that they voluntarily and freely e9ecuted the same. 2. Con'rt% a pr#at' *o$)'nt #nto a p!"#$ on' and renders it admissible in court without further proof of its authenticity . o$)'nt% 'n6oy a pr'%)pt#on o( r'+"ar#ty. 3t constitutes prima facie evidence of the facts which give rise to their e9ecution and of the date of said e9ecution, but not of the truthfulness of the statement.
Who can revo-e a notarial commission? #
The notarial commission may be revo-ed by+
1. The 79ecutive
Erounds for :evocation of %otarial 0ommission !Sec. 2, Rule III, A.M. No. 02-8-13-SC" !a"The 79ecutive
