Primer on the Rules of Notarial Practice

With the

2 0 0 4 Rules on Notari A.M . No. 02^8-13 (Effective August 1,

JUSTICE REGALADO E. MAAMl Member Supreme Court Sub-Committee on Revision of Rules Governing Notaries Public

A PRIMER ON THE RULES OF NOTARIAL PRACTICE (Supreme Court A.M. No. 0 2 -8 1 3 -S C , Effective August 1, 2 0 0 4 )

PART ONE BASIC CONCEPTS

What are the purposes of the Notarial Law? (a) to promote, serve, and protect public interest; (b) to simplify, clarify, and modernize the rules governing notaries public; and (c) to foster ethical conduct among notaries public. (Sec.2, Rule I) What is the meaning of “acknowledgment”? It 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. (Sec. 1, Rule II)

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Basic Concepts

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Whit I* a Jurat? "Jurat" rotors to an act in which an individual on a single occasion:

(a) appears In person before the notary public and presents an instrume nr document; \ (b) is personally known to the notary public or identified bythe notary public through competent evidence of identity as defined by these Rules; (u) signs the instrument or document in the presence of the notary; and (rl) Uikos an oath or affirmation before the notary public as to such Instrument or document. (Sec. 6, Rule II)

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What is a Notarial Certificate? Notarial Certificate refers to the part of, or attachment to, a notarized In&lmmont or document that is completed by the notary public, bears the mituty’.s signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by the rules. (Sec. 8, Rule I!) The Notarial Certificate shall include the following: i) b) oj

d)

I.

the name of the notary public as exactly indicated in the commission; tho serial number of the commission of the notary public; 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 the* roll of attorney’s number, the professional tax receipj: number and the place and date of issuance thereof, and the IBP membership number. (Sec. 2, Rule VIII)

WhM l* ft notarial register? "Notarial Register” refers to a permanently bound book with fttintofred pages containing a chronological record of notarial acts pffformod by a notary public (Sec. 5, Rule II)

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Basic Concepts

6.

What is the meaning of official seal? “Official seal” refers to circular metal device, two inches in diameter containing the mark, image o r impression of the name of the city/province where the commission is issued and the word Philippines and the notary public's name on the margin and the roll of attorney’s number on the face thereof, with the words “notary public” across the center, affixed on all papers officially signed by the notary public. (Sec. 13, Rule II)

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Who is a principal? Principal refers to a person appearing before the notary public whose act is subject of the notarization. (Sec. 10, Rule II)

H. What is considered competent evidence of identity? 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. (Sec. 12, Rule II)

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PART TWO THE NOTARY PUBLIC ©ITTINO STARTED

h What aro the qualifications to he commissioned Qualifications under the 2004 Rulos On Notarial Practice > > >

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must be a citizen of the Philippines; must be over twenty-one (?1) years of age; mur.t 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; must be a member of the Philippine Bar in good standing w ith ' clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and must not have been convicted in the first instance of any crime involving moral turpitude. (Sec. 1, Rule III)

notary public?

Qualifications under the Old Law

must be a citizen of the Philippines; must" be over twenty-one (21) years of age; No residency requirement who has been admitted to the practice of law or has completed and passed the examination for the office of justice of the peace or clerk or deputy clerk of court or be a person who has at some time held the office of clerk of court or deputy clerk of court for a period of not less than two years, or a person who had qualified for the office of notary public under the Spanish sovereignty. In chartered cities and provincial capitals where there are two or more lawyers appointed as notaries public, no person other than a lawyer of a person who had qualified to hold the office of notary public

The Notary Public

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under the Spanish sovereignty. In chartered cities and provincial capitals where there are two or more lawyers appointed as notaries public, no person other than a lawyer of a person who had qualified to hold the office of notary public under the Spanish sovereignty shall hold said office. In municipalities or municipal districts wherein no person reside having the qualifications who specified, or having them, refuse to hold such office, judges of first instance may appoint other persons temporarily to exercise the office of the notary public who have the requisite qualification of fitness and morality. (Sec. 232, Rev. Adm. Code) No person shall be appointed as notary public who had been convicted of any crime involving moral turpitude. (Sec. 234, Rev. Adm. Code)

The Notary Public

i What are the procedures to be followed in applying for a notarial fem m ifcsion? 10.1, Form of Petition and Supporting Documents (Sec, 2, Rule 111) What should be stated and included in the petition for notarial commission? Every petition for a notarial commission shall be in writing, verified, and shall include the following:

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(u) a statement containing the petitioner’s personal qualifications, including the petitioner’s date of birth, residence, telephone number, professional tax receipt, roll of attorney's 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; (t:) 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. (Sec. 2, Rule III) 10.2. Opposition to Petition, if any (Sec. 6, Rule III) When and How the petition for notarial commission be opposed. Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto. The opposition must be received by the Executive Judge before the date of thii summary hearing. (Sec. 6, Rule Ml Opposition to Petition)

The Notary Public

Note: There is no form but it should comply with the rules on pleadings because it is a court document 0.3. Payment of Application Fee (Sec. 3, Rule 111) How much is the application fee for a notarial commission? Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court. Under Rule 141, Sec. 7 (i) of the Rules of Court as amended by A.M.No.04-2-04-SC, effective August 16, 2004, the application fee for commission as notary public is Two Thousand Pesos (P2,000.00). 0.4. Notice of Summary Hearing (Sec. 5, Rule HI) Is notice of summary hearing required? Yes. Under Sec. 5, Rule ill of the 2004 Rules on Notarial practice, the notice of summary hearing shall b6 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. Is there a required form for notice of hearing? There is none but the notice shall be substantially in the following form {Sec. 5, Rule 111): NOTICE OF HEARING Notice is hereby given that a summary hearing on the petition for notarial commission of (name of petitioner) shall be held on (date) at (place) at (time). Any person who has any cause or

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The Notary Public

feftsftn to object to the grant of the petition may file a verified written opposition thereto, received by the undersigned before the date of ttiH Mimmaiy hearing.

Executive Judge Summary Hearing on the Petition (Sec. 4, Rule III) When is the petition for a notarial commission granted? The Executive Judge shall conduct a summary hearing on Iho petition and shall grant the same if: (a) the petition is sufficient in form, and substance; (b) the petitioner proves the allegations contained in the petition; and (c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood these Rules. The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the petitioner. (Sec. 4, Rule III)

10.ft. Form Notarial Commission (Sec. 7, Rule III) The Executive judge shall issue a formal order signed by him/her and substantially in the following form: (Sec. 7, Rule 111) REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF _ _ _ _ _ _ _ _ t his is to certify that (name of notary public) of (regular place of work oi business) in (city or province) was on this (date) day of

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'The Notary Public 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) and to purchase a notarial seal. Issued this (day) of (month) (year)

Executive Judge 10.6. Form of Certificate of Authorization to Purchase (Sec. 9, Rule III)

Notarial Seal

The Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the following form: (Sec. 9, Rule III)

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF _______ CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL This is to authorize (name of notary public) of (city or province) who was commissioned by the undersigned as a notary public, within and for the said jurisdiction, for a. term ending, the thirty-first of December (year), to purchase a notarial seal. Issued this (day) of (month) (year).'

Executive Judge

10.7 Period of Validity of Certificate of Authorization to Purchase a Notarial Seal (Sec. 8, Rule III)

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The Notary Public

For how long is the “Certificate of Authorization to Purchase a Notarial Seal” valid? Ihe Certificate of Authorization to Purchase a Notarial Seal iR v*ilid for a period of three (3) months from date of issue, unless FixtsHidod by the Executive Judge. (Sec. 8, par. 1, Rule 111) A mark, image or impression of the seal that may be purchased by the notary public pursuant to the Certificate shall be presented to the Executive Judge for approval prior to use.

PERFORMING THE DUTIES OF A NOTARY PUBLIC

11, Jurisdiction and Term (Sec. 11, Rule III) What is the territorial jurisdiction and term of a notarial nommlHKlon? Jurisdiction of Notaries Public under the ?004 Rules On Notarial Practice _ __ A person commissioned as notary public may perform notarial acts ih Bny place within the territorial jurisdiction of the commissioning cour! for a period of two (2) years commencing the first day of Jtimuiry uf the year in which the etinmiibsioning is made, unless tartlet revoked or the notary public has resigned under these N u lti find the Rules of Court. 11, Rule III) ____________

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Jurisdiction of Notaries Public under the Old Law The jurisdiction of a notary public in a province shall be co extensive with the province. The jurisdiction of a notary public in the City of Manila shall be co extensive with said city. No notary shall possess authority to any notarial act beyond the limits of his jurisdiction. [Sec. 240, Rev. Adm. Code]

The Notary Public

Powers and Limitations of Notaries Public (Sec. 1, Rule IV) Powers of Notaries Public under the 2004 Rules On Notarial Practice (a) A notary public is empowered to perform the following notarial acts: (1) acknowledgments; (2) oaths and affirmations; (3) jurats; (4) signature witnessing; (5) copy certifications; and (6) any other act authorized by these Rules. (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

Powers of Notaries Public under the Old Law Every notary public shall have power to: (1) administer all oaths and affirmations provided for by law, in all matters incident to his notarial office, and in the execution of affidavits, deposition and other documents requiring an oath; (2) to receive the proof or acknowledgement of all writings relating to commerce or navigation, such as bill of exchange, bottomries, mortgages, and hypothecations of ships, vessels, or boats, charter parties or affreightments, letters of attorney, deeds, mortgages, transfers and assignments of land or buildings, or an interest therein, and such other writings as are commonly proved or acknowledged before notaries; and

'I'he N otary Public

by (norm; of signatory by mark) (3) such other writings as are in thn ptoscnce of (names and commonly proved or mJdmssns of witnesses) and acknowledged before notaries; undersigned notary public"; (4) to act as magistrate in writing «cn1 of affidavits or depositions, and to make declarations and (4) thn notary public notarizes the certify the truth thereof under fiiyiiatiue by thumb or other his seal of office, concerning rmuk through an all matters done by him by acknowledgment, jurat, or virtue of his office. (Sec. 241, signature witnessing. Rev. Adm. Code) (a) A notaiy public is authorized to sign on behalf of a person who is physically unable to sign or make u murk on an instrument or document if: ( I ) tho notary public is directed by the person unable to sign or make a mark to sign on his byhalf; the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses'1 to tho instrument or document; (3) both witnesses sign their own n a m e s; (4) tho notary public writes below his signature: “Signature affixed by notary in presence of (names and addresses of person and two [2] witnesses)1’; and

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The Notary Public

(5)

the notary public notarizes his signature by acknowledgment or jurat, (Sec. 1, Rule iV)

13 Prohibitions (Sec. 2, Rule IV) What are the prohibitions imposed by law on the performance of a notarial commission and what are the exceptions? 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 piaces for the signing of instruments or documents requiring notarization; (:-i) hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and {A) any place where a party to an instrument or document requiring notarization is under detention. (Sec. 2, Rule IV) A person shall not perform a notarial act if the person involved as hicjnatory to the instrument or document. (1) is not in the notary's presence personally at the time of the notarization; and («J) 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. (Sec. 2, Rule IV) (A Disqualifications (Sec. 3, Rule IV) When is a notary public disqualified from notarial act?

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performing a

The Notary Public

A nnitiiy public is disqualified from performing a notarial act if he: (g) in [wiity to the instrument or document that is to be notarized; j (b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, oxcupl as provided by these Ruies and by law; or (c) it* a spouse, common-law partner, ancestor, descendant, or relative by iilfinity or consanguinity of the principal within the fourth civil degree. (Sec. 3, Rule IV) ' 11, Instances when a Notary Public can legally refuse to notarize documents (Sec. 4, 5 and 6, Rule IV) When can a notary public legally refuse to notarize a document? A notary public shall not perform any notarial act described in these ' Ri i Iok for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if: (fi) 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 (e) in the notary's judgment, the signatory is not acting of his or her own fruo will. (Sec. 4, Rule IV) Improper Instruments or Documents. A notary public shall not rm tifte e : '■ (B) a blank or incomplete instrument or document; or 1 (1) ih instrument or document without appropriate notarial certification, (ie c . (5, Rule IV; false or incomplete information, see Sec 5, Rule IV) 11? P i i i * (Sections 1,2, 3, 4 and 5, Rule V) f l I h i r t a limit on the fee that a notary public may charge?

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The No tan/ Public

I or performing a notarial act, a notary public may charge the maximum fee as prescribed by the Supreme Court unless he waives the fee in whole or in part. (Sec. 1. Rule V)

Under Sec. 12, Rule 141 of the Rules of Court as amended by A.M.No.Q4-2-04-SC, effective August 16, 2004 the following are the prescribed schedule of fees: r , (a) For protests for drafts, bills of exchange, or promissory notes for nonacceptance or non-payment, and for notice thereof, ONE HUNDRED (P100) PESOS; (b) For the registration of such protest and fiiing or safekeeping of the same, ONE HUNDRED (P100) PESOS; (<-,) For authenticating powers of attorney, ONE HUNDRED (P100) PESOS; (d) For sworn statement concerning correctness of any account or other document, ONE HUNDRED (P100) PESOS; («') For each oath of affirmation, ONE HUNDRED (P100) PESOS; (I) For receiving . evidence of indebtedness to be sent outside, ONE HUNDRED (P100) PESOS; {
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The Notary Public

I f W h e r e can you obtain a notarial register? At the Office of the Solicitor Genera! upon request and upon payment of the cost thereof. The register shall be duly paged, and on tin? Iirst page, the Solicitor Genera! shall certify the number of pages of which the book consists. (Sec. 1, Par. 2, Rule VI) 17,3= How many notarial register can a notary public keep? A notary public shall keep only one active notarial register at nny given time. (Sec. 1 [b]t Rule VI) 17,4. Entries in the Notarial Register (Sec. 2, Rule VI; Sec. 3, Rule IV) What notarial acts are required to be recorded in the notarial register? SEC. 2. Entries in the Notarial Register. a.,

For every notarial act, the notary shall record in" the notarial register at the time of notarization the following: (1) (2) (3) (4)

the entry number and page number; the date and time of day of the notarial act; the type of notarial act; the title or description of the instrument, document dr proceeding; (5) the name and address of each principal; (6) the competent evidence of identity as defined by these Rules if the signatory is not personally known to the notary; . (/) the name and address of each credible witness swearing to or affirming the person’s identity; (8) the tee charged for the notarial act; (U) the address where the notarization was performed if not tn the notary’s regular place of work or business; and (10)miy other circumstance the notary public may deem of aiy nil inn nee or relevance.

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The Notary Public

b

A notary public shall'record in the notarial register the reasons and circumstances for not completing a notarial a ct

c.

A notary public shall record in the notarial'-register the - circumstances of any: request to inspect or copy an entry in the notarial register, including the requester's name, address, signature, thumbmark or other recognized . identifier,, and evidence of identity. The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded.

d.

When the instrument or document is a contract, the notary public shall keep an original copy thereof as part of his records and enter in said records a brief description of the substance thereof and shall give to each entry a consecutive number,' beginning with number one in each calendar- year. He shall also retain a duplicate original copy for the Clerk of Court.

e.

The notary public shall give to each instrument or document executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument or document the page/s of his register on which the same is recorded. No blank line shall be left between entries.

f.

In case of a protest of any draft, bill of exchange or promissory note, the notary public shall make a full and true record of all proceedings in relation thereto and shall note therein whether the demand for the sum of money was made, by whom, when, and where; whether he presented such draft, bill or note; whether notices were given, to whom and in what manner; where the same was made, when and to whom and where directed; and of every other fact touching the same.

g.

At the end of each week, the notary public shall certify in his notarial register the number of instruments or documents executed, sworn to, acknowledged, or protested before him; or if none, this certificate shall show this fact.

T)ie Notary Public. h

A certified copy of each month's entries and a duplicate original copy of any instrument acknowledged before the., notary public shall, within the first ten (10) days of the month following, be forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no entry to certify for the month, the notary shall forward a statement to this effect in lieu of certified copies herein required.

17 J . Signatures and Thumbmarks (Sec. 3, Rule IV) SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial register shall be signed, or a thumb or other mark affixed by each: (a) principal; (b) credibfe witness swearing or affirming to the identity of a principal; and • (c) witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a person physically unable to sign. 17.6, Loss, Destruction or Damages of.Notarial Register W hat to do in case of loss, destruction or damage of Notarial Register (n) in case the notarial register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible as a record of notarial acts, the notary public shall, within ten (10) days after informing the appropriate law enforcement agency in the case of theft or vandalism, notify the Executive Judge by any means providing a proper receipt or acknowledgment, including registered mail and Hlso provide a copy or number o f any pertinent police report. (Soc. b, par. 1, Rule V!)

The Notary Public

17.7, Inspection, Copying and Disposal or Access to Any Entry in the Notarial Register Is the notarial register subject to inspection? Who can inspect and when? (a) In the notary’s presence, any person may inspect an entry in the notarial register, during regular business hours, provided; (1) the person's identity is personally known to the notary pubiic or proven through competent evidence of identity as defined in these Rules; (2) the person affixes a signature and thumb or other mark or other recognized identifier, in the notarial register in a separate, dated entry; (3) the person specifies the month, year, type of instrument or document, and name of the principal in the notarial act or acts sought; and (4) the person is shown only the entry or entries specified by . him. (b) The notarial register may be examined by a law enforcement officer in the course of an official investigation or by virtue of a court order, . I , When can a notary public deny access to any entry or entries in the notarial register? ■ If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful motive in requesting information from the notarial, register, the notary shall deny access to any entry or entries therein. (Sec. 4, Rule Vi) lal Signature HiW find when shall a notary pubiic sign an instrument or document?

The Notary Public In notAri/irnj a paper instrument or document, a notary public shall; {n) sign by hand on the notarial certificate only the name indicated and uti appearing on the notary's commission; (b) not sign using a facsimile stamp or printing device; and (O nffix his official signature only at the time the notarial act is performed. (Sec. 1, Rule VII) 11, Tho Official Seal Official Seal of Notary Public - Every person commissioned ai notary public shall have only one official seal of office in accordance witf thMse Rules. (Sec. 10, Rule III) Official Seal (Sec. 2, Rule VII) Official Seal (Notarial Seal) under Hiu 2004 Rules On Notarial Practice person commissioned as notary public shall have a seal of ©fflcti, to be procured at his own expense, which sh a ll. not be possessed or owned by any other person It shall be o f metal, tlfCUlar In shape, two inches in diameter, and shall have the name of the city or province and th© word “ Philippines” and h ii own name on the margin antJ {he roll of attorney's ibor on the face thereof. With th® words "notary public' U re a s the center, A mark, or Impiession of such seal ffllll b§ rrmde directly on the p ip t f or pnrchmnnt on which the Wfltlng appears (Sec. 2 [a], Rule tM )_ ; ................................. _

Official Seal (Notarial Seal) under the] Old Law Every person commissioned as notary public shall have a seal of office, to be procured at his own expense, which shall be affixed to papers officially signed by him. It shall be of metal and shall have the name of the province and the words “Philippines” and his own name engraved on the margin thereof, and the words “Notary Public” across the center. An impression of such seal directly on the paper or parchment on which the writing is had shall be as valid as if made on wax or wafer. (Sec. 244, Rev. Adm. Code)

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The Notary Public

in.1. When Official Seal can be affixed ? The official sea] shall be affixed only at the time the notarial act is performed and shall be clearly impressed by the notary public on every page of the instrument or document notarized. (Sec. 2 [b], Rule VII) Sea! Image. The notary public shall affix a single, dear, legible, permanent, and photographically reproducible mark, image or impression of the official seal beside his signature on the notarial certificate of a paper instrument or document. (Sec. 3, Rule VII) 19.2. Where should the official seal be kept? When not in use, the official seal shall be kept safe and secure and shall be accessible only to the notary public or the a person duly authorized by him. (Rule VII, Sec. 2 [c]) 19 3. What should the notary do if his official sea! is stolen, lost, damaged or otherwise rendered unserviceable? Within five (5) days after the official seal of a notary public is stolen, tost, damaged or other otherwise rendered unserviceable in affixing a legible image, the notary public, after informing the appropriate law enforcement agency, shall notify the Executive Judge in writing, providing proper receipt or acknowledgment, including registered mail, and in the event of a crime committed, provide a copy or entry number of the appropriate police record. Upon receipt of such notice, if found in order by the Executive Judge, the latter shall order the notary public to cause notice of such loss or damage to be published, once a week for three (3) consecutive weeks, in a newspaper of general circulation in the city or province where the notary public is commissioned. ( hereafter, the Executive Judge shall issue to the notary pubiic a new Certificate of Authorization to Purchase a Notarial Seal. (Sec. 2 [d], Rule VII)

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The Notary Public

10, Notarial Certificates 20,1

What should be stated in a Notarial Certificate? I

he* notarial certificate sha!! 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. (Sec. 2, Rule Viil) 20 2, What are the prohibitions imposed by law regarding notarial certificate? A notary public shall not: ( m) execute a certificate containing information known or believed by the notary to be false; ' , (b ) affix an official signature or sea! on anotarial certificate .incomplete. (Sec. 5, Rule IV)

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PART THREE CHANGE OF STATUS, RESIGNATION, RENEWAL, REVOCATION OF COMMISSION, DISCIPLINARY SANCTIONS

11 Change of Status and Address 21.1. What to do in the event of 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:

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(a) he receives from the Executive Judge a confirmation of the new name of the notary pubiic and/or change of regular place of work or business; and (b) a new sea! bearing the new name has been obtained. The foregoing notwithstanding, until the aforementioned steps have beeh 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 (Sec. 1, Rule X) Resignation

r f r 12.1 What to do in the event of resignation as a notary public? f i

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( hfuitfi: of Status, Resignation, Renewal, Revocation of Commission, Disciplinary Sanctions 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. I Ifective from the date indicated in the notice, he shall immediately eoase 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. (Sec. 2, Rule X)

22.2 Publication Requirement

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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. (Sec. 3, Rule X) 2 . 1 Rtmewal of Commission 23.1. When should a notary public apply for the renewal of his commission? A notary public may file a written application with the Executive Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. A mark, image or impression of the seal of the notary pubiic 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. (Sec. 13, puts. 1 and 2, Rule III)

212, Action on Application for Renewal of Commission I ho l-'xecutive Judge shall upon payment of the application fee mentioned in Section 3 of the rule, act .on the application for the renewal ut ci commission within thirty (30) days from receipt thereof. If the application is denied, the Executive Judge shall state the rtaeeng thoioloio. (Sec. 14, Rule HI)

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Change o f Status, Resignation, Renewal, Revocation o f Commission, Disciplinary Sanctions ■ b Nwvocation of Commission and Administrative Sanctions 24 1. What are the grounds to revoke notarial commission and administrative sanctions? Revocation and Administrative Sanctions. (a) The Executive Judge shall'revoke a notarial commission for any ground on which an application for a commission may be denied. (b) In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative sanctions upon, any notary public who: (1) fails to keep a notarial register; (2) fails to make the proper entry or entries in his notarial register concerning his notarial acts; (3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following; (4) fails to affix to acknowledgments the date of expiration of his commission; (5) fails to submit his notarial register, when filled, to the Executive Judge;(6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his duties, as may be required by the judge; (7) fails to require the presence of a principal at the time of the notarial act; (8) fails to identify a principal on the basis of personal knowledge or competent evidence; (9) executes a false or incomplete, certificate under Section 5, Rule IV; ‘ * (10)knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and (11)commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction.

25

t hmigc o f Status, Resignation., Renewal, Revocation o f Commission, Disciplinary Sanctions

(<:) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall be required to file a verified answer to the complaint. If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary hearing. If the allegations of the complaint are not proven, the complaint shall be dismissed. If the charges are duly established, the Executive Judge shall impose the appropriate administrative sanctions. In either case, the aggrieved party may appeal the decision to the Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall be immediately executory, unless otherwise ordered by the Supreme Court.

OF AN EXECUTIVE JUDGE UNDER THE 2004 RULES ON NOTARIAL PRACTICE !6 Main Duties What are the main duties of the Executive Judge and Office of the Court Administrator in relation to the register of notaries public? 26.1, Maintain a Register of Notaries Public

(d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public, subject to the procedures prescribed in paragraph (c) above and impose the appropriate administrative sanctions on the grounds mentioned in the preceding paragraphs (a) and (bj. (Sec. 1, Rule XI)

24,2. Publication of Revocations and Administrative Sanctions - 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 been administratively sanctioned or whose notarial commissions have been revoked. (Sec. 2, Rule XI) See discussion under “Revocation of Commission”. Death of Notary Public. - If a notary public dies before fulfilling the obligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the lueeutlve Judge, upon being notified of such death, shall forthwith l i U i e compliance with the provisions of the Rules. (Sec. 4, Rule XI)

26

The Executive Judge shall keep and maintain a Register of Notaries Pubiic in his jurisdiction which shall contain, among others, the dates of issuance or revocation or suspension of notarial commissions, and the resignation or death of notaries public. The Executive Judge shall furnish the Office of the Court Administrator information and data recorded in the register of notaries public. The Office of the Court Administrator shall keep a permanent, completeand updated database of such records. (Sec. 12, Rule III) 26.2. Grant authority to sell to the vendor or manufacturer of notarial seals Upon written application and after payment of the application fee, the Executive Judge may issue an authorization to sell to a vendor or manufacturer of notarial seals after verification and investigation of the latter's qualifications. The Executive Judge shail charge an authorization fee in the amount of PhP4,000 for the vendor and PhP8,000 for the manufacturer. If a manufacturer is also a vendor, he shall only pay the manufacturer's authorization fee. (Sec. 4 [b], Rule VII)

27

I hihes of an Executive judge under the 2004 Rules on Notarial Practice The authorization shall be in effect for a period of four (4) years from the date of its Issuance and may be renewed by the Executive Judge for a similar period upon payment of the authorization fee mentioned in the preceding paragraph. (Sec. 4 lc], Rule VI!) 28.3. Prosecution of Complaints Related to Notary Public. The Executive Judge shall cause the prosecution of any person who: (a) knowingly acts or otherwise impersonates a notary pubiic; (b) knowingly obtains, conceals^, defaces,. or destroys the sea notarial register, or official records of a notary public; and (c) knowingly solicits, coerces, or in any way influences a notar public to commit official misconduct. (Sec. 1,. Rule XII) 26.4. Supervision and Monitoring of Notaries Public - The Executive Judge shall at all times exercise supervision over notaries public and shall closely monitor their activities. (Sec. 2, Rule XI) f 1, OTHER DUTIES

\

27.1. Reports to the Supreme Court. - The Executive Judge concerned shall submit semeStral reports to the Supreme Court on discipline and prosecution of notaries public. (Sec. 2, Rule XII) i 27.2. Information and Data to the Office of the Court Administrator. The Executive Judge shall furnish the Office of the Court Administrator information and data recorded in the register of notaries public. ( I , §U TIE8 OF COURT ADMINISTRATOR W N t are the duties of the Court Administrator? The Office of the Court Administrator shall keep a permanent, SSmpiite and updated database of such records. (Sec. 12, Rule III)

28

PART FIVE VENDOR OR MANUFACTURER OF NOTARIAL SEALS I , Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals may not sell said product without a written authorization from the Executive Judge. (Sec. 4, Rule VII) 29.1. Procedure (a) Upon written application and after payment of the application fee, the Executive Judge may issue an authorization to sell to a vendor or manufacturer of notarial seals after verification and investigation of the latter's qualifications. The Executive Judge shall charge an authorization fee in the amount, of PhP4,000 for the vendor and PhP8,000 for the manufacturer. If a manufacturer is also a vendor, he shall only pay the manufacturer's authorization fee. 19.2. Effectivity (b) The authorization shall be in effect for a period of four (4) years from the date of its issuance and may be renewed by the Executive Judge for a similar period upon payment of the authorization fee mentioned in the preceding paragraph. 29.3. Selling (c) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of a certified copy of the commission and the Certificate of Authorization to Purchase a Notarial Sea! issued by the Executive Judge. A notary public obtaining a new seal as a result of change of name shall present to the vendor or manufacturer a certified copy of the Confirmation of the Change of Name issued by the Executive Judge.

29

Vendor or Manufacturer o f Notarial Seals

2D.4. Only One Seal (d) Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to Purchase a Notarial Seal. 29.6. AfterSale (e) After the sale, the vendor or manufacturer shall affix a mark, image or impression of the seal to the Certificate of Authorization to Purchase a Notarial Seal and submit the completed Certificate to the Executive Judge. Copies of the Certificate of Authorization to Purchase a Notarial Seal and the buyer's commission shall be kept in the files of the vendor or manufacturer for four (4) years after the saie. 29,6. In Case of Change of Name. (f) A notary public obtaining a new seal as a result of change of name shall present to the vendor a certified copy of the order confirming

30

PART SIX

COMMISSIONING AND NOTARIAL ACTS WITH SUGGESTED FORMS

{Suggested by Justice Regalado E. Maambong) Form of Petition and Supporting Documents (Sec. 2, Rule ill [Commissioning of Notary Public])

IN THE PETITION FOR COMMISSION AS NOTARY PUBLIC IN AND FOR THE CITY OF MANILA JUAN DELA CRUZ Petitioner

PETITION FOR COMMISSION AS NOTARY PUBLIC litloner, to this Honorable Court, respectfully alleges that: Hi* is of legal age; having been born on January 2, 1972, married, Filipino t.ili/en, presently residing at No. 32 Gelinos Street, Sampaloc, Manila, with Muphone No. 520-00-11 with business postal address at 2/F Sky Tower, f rrmta, Manila. The location sketch of the petitioner’s office is attached and marked as Annex “A” hereof;

31

Commissioning and Notarial Acts with Suggested Forms

1le has been admitted to the practice of taw in the Phiiippines as shown b the Certificate of Admission to the Philippine Bar, which contains th petitioner's Roll, of Attorney No. 1234. A copy of the Certificate c Admission to the Philippine Bar is attached and marked as Annex UB hereof; Ho is a member of good standing of the Philippine Bar as shown by th clearance issued by the Office of the Bar Confidant-of the Supreme Cour a copy of which is attached and marked as Annex “C” hereof; Ho is likewise a member of good standing of the integrated Bar of th] Philippines. A copy of the receipt showing payment of the correspondinj cut rent membership dues is attached and marked as Annex “ D” hereoj Also attached and marked herewith as Annex “E” is the Certificate petitioner’s good moral character issued by-Attys.____ a n d __Presided and Secretary, respectively, of IBP Manila Chapter lit; Ho has paid his professional tax for the year 2005 as shown by tt Professional Tax Receipt No. 12345 dated January 4, 2005 issued by City of Manila which is attached and marked as Annex UF” hereof; His l ax identification No. (TIN) is 222-111-00; I to has all the qualifications and none of the disqualifications for the Offic of Notary Pubiic; t Hi? has never been charged nor convicted of any crime involving mor^ turpitude; H i has no commission as notary public in any other jurisdiction; H i ha® i ill ached hereto in a separate sheet of paper specimen of hi o fficii! signatures and marked as Annex “G” and made an integral pa| Hftftof; and

32


[1 llo has likewise attached hereto his three (3) passport size color photographs each bearing his signature on the bottom part thereof.

WHEREFORE, petitioner respectfully prays that he be granted a notariat commission in and for the City of Manila for the year 200_ and for the term ending December 31, 200^, and that he accordingly be issued a Certificate of Authorization to Purchase a Notarial Seal. Manila, 05 January 200__. JUAN DELA CRUZ Petitioner

VERIFICATION

Republic of the Philippines) City of Manila ) SS I, JUAN DE LA CRUZ, Filipino, of legal age, married and a resident nl _______ after having been duly sworn to in accordance with law, hereby depose and say: 1. 2. 3.

That I am the petitioner in the above-entitled petition; That I prepared the contents thereof; and That to the best of my personal knowledge all the allegations therein are true and correct.

IN WITNESS WHEREOF, I have hereunto affixed my signature this _ day o f _________ , 200_, in the City of Manila, Philippines.

JUAN DE LA CRUZ Petitioner-Affiant

33

( 'nunMissioning and Notarial Acts with Suggested form s

SUBSCRIBED AND SWORN TO before me in the City of Manila th ii day o f ________ , 200_ by JUAN DELA CRUZ, personally known to me who ib the same person who personally signed before me the foregoing petition sind acknowledged that he executed the same.

Notary Public Until December 31, 20G„ PTR # 1234/Manila/Jan. 5, 2 00 „ Roll of Atty. No. _ IBP N o ._______ (Address o f Notary Public)

pot: No

1;

F ig n No

1;

look No

I;

o f ? ()0 _ .

(Nete If ttie petitioner-affiant is not personally known to the Notary Public, i l h i r appropriate Jurat forms will be used.(refer to the different oath or itflffriution forms which will follow]

If the identity of the petitioner-affiant is not personally known to Notary Public or not through a valid ID but through one or twoidentifyin irtd ib lo witness/es, the oath or affirmation of the witnesses will be added teth e Jm a t. I he question is: will the oath or affirmation of the witnesses to b® notnn/od, or is the signature of the Notary Public in the certification th it tbg witnesses avowed under penalty of the law to the whole truth of lh§ fHpntentfi of ttieir oath or affirmation enough?). N,0. A copy of the proof of payment of the filing fee should be ip f lif t d id to the Petition for Commission/Appointment. Observe ffijU ifim e n m of a pleading as to size of paper, margin, spacing, etc.

34


§1 Notice of Hearing (Sec. 5, Rule HI, form included in the Rules) |1 Opposition to Petition {Sec. 5, Rule II!, Comment: no form is necessary but it must conform to the rules on pleading) ||

I orm of Notarial Commission (Sec 7, Rule SIS, form included in the Mutes)

M Certificate of Authorization to Purchase a Notarial Seal (Sec, 9, Rule III, form included in the Rules) ;§§. Certificate of Authority to Sell/Manufacture Notarial Sea! (Sec. 4 [b], Rule VN) This Certificate of Authority to selI/manufacture notarial seal is Itrioby granted to NOTARIO & SONS, INC., after verification and investigation of its qualifications conducted after filing of its written application and payment of the application fee. This authority is effective upon payment of the vendor/manufacturer authorization fee and shall be in ©fftict for a period of four (4) years from the date of issuance which may be r ^ renewed for a similar ;period upon payment of the authorization fee. '[•f> yi City of Manila, Philippines,_________ , 200__. U £

JUAN DE LA CRUZ •Executive Judge It Cortificate of Authority for a Notarial Act Evidencing the Authenticity fit the Official Seal and Signature of Notary Public (Sec. 1, Rule IX, form included in the Rules)

NOTARIAL ACTS '* What are Notarial Acts.

35

c 'oHunissummg and Notarial Acts with Suggested form s

1 Acknowledgment (Sec. 1, Rule II); 2 Jurat (Sec. 6, Rule II); 3: Affirmation or Oath (Sec. 2, Rule II); 4. Copy Certification (Sec. 4, Rule II); ft Signature Witnessing (Sec. 14, Rule I I ) ; Certificate to the Affixing of Signature by Thumb or Other Mark on Instrument or Document for Notarization (Sec. 1 [b], Rule IV);and 1 Authority of Notary Public to Sign on Behalf of a Person Physically Unable lo Sign or Make a Mark on Instrument or Document. (Sec. [cl R ijIo IV) }|

Provision Applicable to Acknowledgment Evidence of Identity (Sec. 12, Rule II)

or

Jurat

Competentj

I ! Acknowledgment (Section 1, Rule li) A. Principal Personally Known to Notary Public or With Valid ID. 39.1

First Form; Principal personally known to Notary Public BEFORE ME, a Notary Public in and for the City o^ Manila, this 4th day of November, 200_, personally appearec JUAN DELA CRUZ, personally known to me to be the persor who voluntary executed the foregoing (name o f document) which] he acknowledged before me as his free and voluntary act am deed and that of (name of principal) whom he represents as his/its (Attorney-in-fact/Chairman/President/General Manager\ with full authority to sign in that capacity. WITNESS MY HAND AND SEAL, this 4th day o\ November, 200_ in the City of Manila. Notary Public Until December 31, 200_ PTR No. 12345; Manila, January 3, 200_ Rot! of Attorney N o._______________ IBP No. ; ’ - •

36


Doc. No. 1; Page No. 1; Book No. I; Series of 200__. ISSUE

: Is the oath or affirmation of the principal still required? OPINION : No, he already signed the main document and he is known to Notary Public 39.2

Second Form: With Valid ID (Principal identified by the Notary Public through one current identification document issued by an official agency bearing the photograph and signature of the individual like driver’s license, passport, etc.) BEFORE ME, a Notary Public in and for the City of Manila, this 4th day of November 200_, personally appeared JUAN DELA CRUZ, who has satisfactorily proven to me his identity through his Non-Professional Driver’s License No. 12345 valid until December 5, 200_, that he is the same person who executed and voluntarily signed the foregoing (name of document) which he acknowledged before me as his own free and voluntary act and deed and that of (name o f principal) whom he represents as his/its (Attorney-infact/Chairman/President/General Manager) with full authority to sign in that capacity. ISSUE

: Is the oath or affirmation of the principal still required? OPINION : No, he already signed the main document, and he has a valid ID. I,

Principal not Personally Known to Notary Public & With no valid ID. 39.3 Third Form: Principal identified by one credible witness. Requirements: (1) the witness is known personally by the Notary Public; (2) the witness knows personally the

37

( 'ommissioning and Notarial Acts with Suggested Forms

principal; (3) the witness is not privy to the instrument, document or transaction; and (4) oath or affirmation of the witness. BEFORE ME, a Notary Public in and for the City of Manila, this 4th day of November 200_, personally appeared JUAN DELA CRUZ, who has satisfactorily proven to me his identity through MARIA B, SANTOS, who is personally known to me and who personally knows the principal, that he is the same person who executed and voluntarily signed the foregoing (name of document) which he acknowledged before me as his own free and voluntary act and deed and that o f (name o f principal) whom he represents as his/its (Attorney-infact/Chairman/President/General Manager) with full authority to sign in that capacity. Add: Oath or Affirmation of the Witness fSee subsequent form1 Not the principal who already signed the main document (opinion), and he is identified by a witness. 39.4 Fourth Form: Principal is identified by two credible witnesses. Requirements: (1) the witnesses each personally knows the principal; (2) both witnesses show to the Notary Public their documentary identification; (3) both witnesses are not privy to the instrument, document or transaction, and (5) Oath or Affirmation of both witnesses. BEFORE ME, a Notary Public in and for the City of Manila, this 4th day of November, 200_, personally appeared JUAN DELA CRUZ, who has satisfactorily proven to me his identity through:

Jos*! A. Santos with Drivers License No. 1111 Mnrio B Reyes with Driver’s License No. 2222

38

EXPIRY DATE Nov. 10, 2005 Feb. 8, 2006

Comniissiuimig and Notarial Acts with Suggested Forms

both of whom personally know the principal; that he is the same person who executed and voluntarily affixed his signature on the foregoing Deed of Sate of Motor Vehicle which he acknowledged before me as his own free and voluntary act and deed and that of (name o f principal) whom he represents as his/its (>Mtorneyin-fact/Chairman/President/General Manager) with fuil authority to sign in that capacity. Add: Oath or Affirmation of the Witnesses fSee subsequent form], not the principal who already signed the main document (opinion), and he is identified fay the witnesses. Under Rule 902 of the Federal Rules of Evidence (SelfAuthentication), the following is provided: "Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: xxx xxx xxx xxx (8) Acknowledged documents. Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments. Under Rule 903 of the U.S. Federal Rules on Evidence {Subscribing Witness' testim ony Unnecessary), it is provided: “The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.” 40= Jurat (Section 6, Rule II) The Affiant is identified In a similar manner as the four (4) nituations in the case of Acknowledgment

39


Affiant Personaliy Known to Notary Public OR With Valid ID. 40 1 First Form: Affiant personally known to Notary Public SUBSCRIBED AND SWORN to before me in the City of Manila this 4th day of November 200_ by JUAN DELA CRUZ, personally known to me, who is the same person who personally signed before me the foregoing affidavit and acknowledged that fie executed the same. NOTARY PUBLIC Until December 31, 200_ PTR No. 5648/ Manila/ Jan. 5, 200, Roli of Atty. No. . _________ IBP No.__________ ' [Address of Notary Public] Doc. No. . Page No. Book No. I Series of 200 ISSUE

: Is the oath or affirmation of the principal still required? OPINION : No, he already signed the main document, and is known to the Notary Public. 40,2

Second Form: With Valid ID (Affiant identified by the Notary Public through one current identification document issued by an official agency bearing the photograph and signature of the individual like driver’s license, passport, etc.) SUBSCRIBED AND SWORN to before me in the City of Manila this 4th day of November 200_ by JUAN DELA CRUZ, who has satisfactorily proven his identity to me through his NonProfessional Driver’s License No. 1245 valid until December 5, 200 that he is the same person who personally signed the foregoing affidavit before me and acknowledged that he execulud the same.

40


40.3

Second Form: With Valid ID (Affiant identified by the Notary Public through one current identification document issued by an official agency bearing the photograph and signature of the individual like driver’s license, passport, etc.) SUBSCRIBED AND SWORN to before'me in the City of Manila this 4th day of November 200_ by JUAN DELA CRUZ, who has satisfactorily proven his identity to me through his NonProfessional Driver’s License No. 1245 valid until December 5, 2Q0_, that he is the same person who personally signed the foregoing affidavit before me and acknowledged that he executed the same. ISSUE

: Is the oath or affirmation of the principal still required? OPINION : No, he already signed the main document, and he has a valid ID.

H. Affiant not Personally Known to Notary Public & With no valid ID. 40.4 Third Form: Affiant identified by one credible witness. Requirements: (1) the witness is known personally by the Notary Public; (2) the witness knows personally the affiant; (3) the witness is not privy to the instrument, document or transaction; and (4) oath or a ffirm a tio n o f the witness. SUBSCRIBED AND SWORN to before me in City of Manila this 4th day of November 200_ by JUAN DELA CRUZ, who has satisfactorily proven to me his identity through MARIA B. SANTOS, who is personally known to me and who personally knows the principal, that he is the same person who executed and personally signed the foregoing affidavit before me and acknowledged that he executed the same. Add: Oath or Affirmation of the Witness fSee subsequent form]. Not the affiant who already signed, and is identified by one witness.

41

Cntnmisfiioning and Notarial Acts with Suggested Forms

40,5

Fourth Form: Affiant is identified by two credible witnesses. Requirements: (1) the witnesses each personally knows the affiant; (2) both witnesses show to the Notary Public their documentary identification; (3) both witnesses are not privy! to the instrument, document or transaction, and (5) Oath or; Affirmation of both witnesses.

,

SUBSCRIBED AND SWORN to before me in the City of] Manila this 4th day of November, 200_ by JUAN DELA CRUZ, who has satisfactorily proven their identification to me, through:

Jose A. Santos with Driver’s License No. 1111 Mario B. Reyes with.Driver’s License No. 2222

EXPIRY DATE] Nov. 10, 2005 Feb. 8, 2006

who personally know the principal, to be the same person who] executed and personally signed the .foregoing affidavit before mej and acknowledged that he executed the same. Add: Oath or Affirmation of the Witnesses [Seel subsequent form1. Not the affiant who already signed, and is j identified by two witnesses. Affirmation or Oath (Section 2, Rule II) FORM WE, JOSE A SANTOS and MARIO B. REYES, both of legal age,} citizens, married, residents of 32 Gelinos St., Sampaloc, Manila BHd 20 l nngit St., Sampaloc, Manila, respectively, affirm under the penalty] §f liw , Hint the following statements are true: 1

I fiat Juan dela Cruz, the (principat/a ffi ant/pre sen tor/signor)\ (making the acknowledgment/executing the affidavit/presentlyj signing the instrument or docum entj is the same person! named in the (instrument or document| cInscribe d/a ffida vit/instrument or document presen te d);

42


2. That Juan dela Cruz is personally known to the undersigned witnesses; 3. That Juan deta Cruz does not possess a current identification document issued by an official agency as "required in Sec. 12 (a), Rule II of the 2004 Rules on Notarial Practice; 4. That it is the reasonable belief of the undersigned witnesses that due to Juan dela Cruz’s circumstances {name the circumstances} it would be very difficult or impossible for him to obtain the required official identification document;1 5. That the undersigned witnesses are not privy to the (instrument, document or transaction/affidavit/instrument or document presented and signed); and 6. That the undersigned witnesses have presented their respective vaiid identification documents issued by an official agency, to wit: Jose A. Santos with Driver’s License N o ._____ Valid Until___ Mario B. Reyes with Driver's License N o. Valid Until____ IN WITNESS WHEREOF, we have hereunto affixed our signatures this 4th day of November 200__, in the City of Manila, Philippines.

(Sgd.) JOSE A. SANTOS Witness

(Sgd.) MARIO B. REYES Witness

I hereby certify that I have personally examined the abovenamed witnesses and they avowed under the penalty of iaw to the whole Imth of the contents of the (oath/affirmation) they executed. SUBSCRIBED AND SWORN to before me, etc.

lift* ) No. ) (c and d), Art. 3, Civil Code of California, 1989 Compact Edition.


City of Manila, Philippines, November ___ 200_.

NOTARY PUBLIC Until December 31, 200_ PTR No. 5648/Manila/ Jan. 5, 200. Roil of Atty. No, _ _ _ _ _ _ IBP No. [Address o f Notary Public] Doc. No. 1; Page No. 1; Book No. I; Series of 200 . .

Note: If there is only one (1) witness change the wording accordingly. Question: Is the certification of the Notary Public to the oath Or affirmation enough without assigning a Document, Page, or Book No. In the notarial register? Opinion: Yes, in the certification of the notary public he tioea not have to indicate a document number, page number, book number, and series of his notarial register because of his §0 mmission.

It Copy Certification (Section 4, Rule II) CERTIFICATION I his is to certify th a t! was presented with a _____ (state $ # inBUunmnt or document) which is neither vital record, a public record, per publicly recordable; that I copied/supervised the copying of the . {instrument or document)', and that i compared the copied. __ (instrument or document) with the original copy and I herebyiir iif y that tlio copy is accurate and complete.

44


NOTARY PUBLIC Until December 31, 200__ PTR No. 5648/ Manila/Jan. 5, 20G„ Roll of Atty. N o .______ _ IBP No._______ __________ [Address of Notary Public] Question: Is the signature of the Notary Public enough without assigning a Document Page, or Book No. in the notarial register? Opinion: Yes, no need (see previous answer to same question). Obviously; a Notary Public cannot swear before himself and he is acting as Notary Public. 3, Signature Witnessing (Section 14,-'Rule II) Document Presentor/Signor Personally Known to Notary Public OR With Valid ID 43.1

First Form: Presentor/Signor personally known to Notary Public BEFORE ME, a Notary Public in and for the City of Manila, this 4th day of November, 200_, personally appeared JUAN DELA CRUZ, personaily known to me to be the person who presented the foregoing (name of document) which he voluntarily signed in my presence. WITNESS MY HAND AND November, 200_ in the City of Manila.

SEAL,

this

Notary Public Until December 31, 200_ PTR No. 12345; Manila, January 3, 200. Roll of Attorney N o .______________ __ IBP N o .__________________________

45

4th day

of

i.jnnwtssiorung and Notarial Acts with Suggested Forms

Doc No 1; Pmjo No. 1; Rook No I; Sf»ri o s of 200„. ISSUE: is the oath or affirmation of the Presentor/Signor still required? No {opinion, see previous answer) 43,2 Socond Form: With Valid Ip (Presentor/Signor identified by the Notary Public through one current identification document Issued by an official agency bearing the photograph and signature of the individual like driver’s license, passport, etc.) BEFORE ME, a Notary Public in and for the City of Manila, this 4th day of November 2Q0„, personally appeared JUAN DELA CRUZ, who has satisfactorily proven to me his identity through his Non-Professional Driver's License No. 12345 valid until December ft, 200_, that he is the same person who presented the foregoing (name of document) which he voluntarily signed in my presence. ISSUE: Presentor/Signor answer)

Is the oath required? No.

or affirmation of the (opinion, see previous

Presentor/Signor not Personally Known Public & With no valid IP.

to Notary

43 3 Third Form: Presentor/Signor identified by one credible witness. Requirements: (1) the witness is known personally by the Notary Public; (2) the witness knows personally the principal; (3) the witness is not privy to the instrument, document or transaction; and (4) oath or affirmation of the witness.

46


BEFORE ME, a Notary Public in and for the City of Manila, this 41h day of November 200_, personally appeared JUAN DELA CRUZ, who has satisfactorily proven to me his identity through MARIA B. SANTOS, who is personally known to me and who personally knows the principal, that he is the same person who presented the foregoing (name of ' document) which he voluntarily signed in my presence. (Add: Oath or Affirmation of the Witness but not the presentor/signor [See previous form)\ 43.4. Fourth Form: Presentor/Signor is identified by two credible witnesses. Requirements: (1) the witnesses each personally knows the principal; (2) both witnesses show to the Notary Public their documentary identification; (3) both witnesses are not privy to the instrument, document or transaction, and (5) Oath or Affirmation of both witnesses. BEFORE ME, a Notary Public in and for the City of Manila, this 4th day of November, 200_, personally appeared JUAN DELA CRUZ, who has satisfactorily proven to me his identity through: EXPIRY DATE Jose A. Santos with Driver’s License No. 1111 Nov. 10, 2005 Mario B, Reyes with Driver's License No. 2222 Feb. 8, 2006 both of whom personally know the principal, that he is the same person who presented the foregoing Deed of Sale of Motor Vehicle which he voluntarily signed in my presence. (Add: Oath or Affirmation of the Witnesses but not the presentor/signor fSee previous form]) I. Certificate of the Notary Public to the Affixing of Signature by Thumb or Other Mark on Instrument or Document for Notarization (Section 1 (b), Rule IV)

47


(Thumbmark) JUAN DELA CRUZ

(Sgd.) Maria

B. Santos

(Sgd.) Jose C. Reyes

"thum bm ark affixed by Juan Dela Cruz in the presence of Maria B. Santos a resident of. 5 Langit Street,. Sampaloc Manila and Jose C. Nwyoii, aresident of 22 Maria Clara St., Sampaioc, Manila and the undersigned Notary Public” (Sgd.) Notary Public Add; Appropriate Acknowledgment or Certification or Acknowledgment of Notary Public as to thumbmarking by principal in th© prosence of witnesses. Then Add: Form of Acknowledgment but put “who thumbmarked the foregoing instrument” Oath or Affirmation of Witnesses the Principal thumbmarked is required.

as to their presence when

I. Authority of Notary Public to Sign on Behalf of a Person Physically Uftibte to Sign or Make a Mark on an Instrument or Document (le e t lo n l [c), Rule IV) "Signature affixed by Notary in the presence of Maria B. Santos, a of 60 Langit St., Sampaloc Manila and Jose C. Reyes, a resident * i f !|1 Marla Clara St., Sampaloc, Manila” (Sgd.)Pedro M. Santiago (Notary Public)

48

Commissioning and'Notarial Acts with Suggested Forms

For: JUAN DELA CRUZ (Sgd.)Maria B. Santos(Sgd.) Jose C. Reyes Add: Oath or Affirmation of Witnesses as to their presence when the Notary Public Signed as Authorized by the Principal. Then Add: Appropriate Acknowledgment of Notary Public, as follows: Republic of the Philippines) City of Manila ) S.S. ' v.

. •

ACKNOWLEDGMENT (Sample) BEFORE ME, a Notary Public in and for the City of Manila, personally appeared JUAN DELA CRUZ, personally known to me to be the person who voluntarily executed and who directed the undersigned Notary Public to sign the foregoing instrument in his behalf, as witnessed by MARIA B.-SANTOS of 55 Langit St., Sampaloc, Manila and JOSE C. REYES, a resident of 22 Maria Clara St., Sampaloc, Manila, who affixed their respective signatures above. And the undersigned Notary does further certify that JUAN DELA CRUZ acknowledged before me that this (name of instrument) is his own free and voluntary act and deed. NOTARY PUBLIC Commission No.__________ __ Until December 31, 200_ PTR No. „___ / (Place) / (Date) Rol! of Atty. N o._______________ ■IBP No._________ . [Address o f Notary Public) H i m : No 1; 1‘ ik io N o . 1: Hook No. I; ■ Of 2Q0_

Nolo No need to assign document number, page number, book number and series of notarial certificate

(opinion)

49


4®, Form for Issuance of Certified True Copies of Notarial Record or Part Thereof of a Notary Public (Section 6, Rule VI) CERTIFICATION This is to certify that this document is a true copy of the notarial mcoid (or part thereof) of the undersigned Notary Public. t City of.Manila, Philippines, (date of issue) Notary Public Commission No.____________ Until December 31, 200_ PTR No. ____ / (Place) / (Date) _________ Roii of Atty. No. ________________ IBP No. '• [Address of Notary Public] Note: It is suggested that this certification may be attached tc the document being certified or in line with the usuai practice it is rubber stamped on the certified document itself and signed by the Notary Public. The Notary Public does not have to indicate the documen number, page number, book number or series of his notarial register. He Is signing as Notary Public and he cannot subscribe to himself. 47, THE NOTARIAL SEAL 47,1

Previous Seal: Sample

50

j j


47.2

Present Seal: Sample

What is added in present seal: Only Attorney’s Roll Number &

Notarial Certificate (Form and Contents: Sec, 8, Rule II; Secs, 1 & 2, Rule VIII) 48.1. 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. (Sec. 8, Rule II) 48.2. Form of Notarial Certificate

Primer on the Rules of Notarial Practice

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