Salient Features of Notarial Law
The Notarial Law is explicit on the obligations and duties of notaries public. They are required to certify that the party to every document acknowledged before them has presented presented the proper residence residence certificate certificate (or exemption from the residence tax); and to enter its number, place of issue and date as part of such certification.
They are also required to maintain and keep a notarial register; to enter therein all instruments notaried by them; and to !give to each instrument executed, sworn to, or acknowledged before "them# a number corresponding to the one in "their# register "and to state therein# the page or pages of "their# register, on which the same is recorded. $ailure to perform these duties would result in the revocation of their commission as notaries public. Purpose of the 2004 Notarial Rules:
(a) to promote, serve, and protect public interest; (b) to simplify, clarify, and modernie the rules governing notaries public; and (c) to foster ethical conduct among notaries public.
Who may be a Notary public %
(&) must be a citien of the 'hilippines; ν () must be over twentyone (&) years of age; ν (*) must be a resident in the 'hilippines for at least one (&) year and maintains a regular place of work or business in the city or province where the commission is to be issued; ν (+) must be a member of the 'hilippine ar in good standing with clearances from the -ffice of the ar onfidant of the /upreme ourt and the 0ntegrated ar of the 'hilippines; and (1) must not have been convicted in the first instance of any crime involving moral turpitude. (section &, 2ule * 34 5&6&*/.)
Form contents of petition
7very petition for a notarial commission shall be in writing, verified, and shall include the following8 (a) a statement containing the petitioners personal qualifications, including the petitioners date of birth, residence, telephone number, professional tax receipt, roll of attorneys number and 0' membership number; (b) certification of good moral character of the petitioner by at least two () executive officers of the local chapter of the 0ntegrated ar of the 'hilippines where he is applying for commission; (c) proof of payment for the filing of the petition as required by these 2ules; and (d) three (*) passportsie color photographs with light background taken within thirty (*5) days of the application. The photograph should not be retouched. The petitioner shall sign his name at the bottom part of the photographs. (section , 2ule * 0bid.) !ther matters • • • •
•
'ayment of application fee 9earing of the petition /:4432 in nature
"uris#iction an# term of a notary public
3 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 () years commencing the first day of >anuary of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under these 2ules and the 2ules of ourt. (section &&, 2ule *, ibid.)
$ay the term be renewe# %
7/. 3 notary public may file a written application with the 7xecutive >udge for the renewal of his commission within fortyfive (+1) days before the expiration thereof. 3 mark, image or impression of the seal of the notary public shall be attached to the application. ν $ailure to file said application will result in the deletion of the name of the
notary public in the register of notaries public. ν The notary public thus removed from the 2egister of
Powers an# limitations of a notary public P!W%RS: 3 notary public is empowered to perform the following notarial acts8
(&) acknowledgments; () oaths and affirmations; (*) =urats; (+) signature witnessings; (1) copy certifications; and (?) any other act authoried by these 2ules.(section &, 2ule 0@, ibid. )
Function of a notary public
To guard against any illegal or immoral arrangements. That function would be defeated if the notary public were one of the signatories to the instrument. $or then, he would be interested in sustaining the validity thereof as it directly involves himself and the validity of his own act, and the very purpose of the acknowledgment, which is to minimie fraud would be thwarted. (@illarin vs. /abate, $eb. A, 555)
What constitutes competent e&i#ence of 'i#entity()
(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. (section & 2ule 34 5&6&*/
* notary public is authori+e# to certify the affi,in- of a si-nature by thumb or other mar. on an instrument or #ocument presente# for notari+ation if:
(&) the thumb or other mark is affixed in the presence of the notary public and of two () disinterested and unaffected witnesses to the instrument or document; () both witnesses sign their own names in addition to the thumb or other mark; (*) the notary public writes below the thumb or other mark8 BThumb or -ther 4ark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary publicB; and (+) the notary public notaries the signature by thumb or other mark through an acknowledgment, =urat, or signature witnessing. (ibid.)
* notary public is authori+e# to si-n on behalf of a person who is physically unable to si-n or ma.e a mar. on an instrument or #ocument if:
&) the notary public is directed by the person unable to sign or make a mark to sign on his behalf; () the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document; (*) both witnesses sign their own names; (+) the notary public writes below his signature8 B/ignature affixed by notary in presence of (names and addresses of person and two "# witnesses)B; and (1) the notary public notaries his signature by acknowledgment or =urat. (ibid.) Prohibitions
a) 3 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 =urisdiction8 (&) public offices, convention halls, and similar places where oaths of office may be administered; () public function areas in hotels and similar places for the signing of instruments or documents requiring notariation;
(*) hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and (+) any place where a party to an instrument or document requiring notariation is under detention. !ther prohibitions
(b) 3 person shall not perform a notarial act if the person involved as signatory to the instrument or document C (&) is not in the notarys presence personally at the time of the notariation; and
ν
() is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these 2ules. * notary public cannot notari+e a #ocument if s/he:
(a) is a party to the instrument or document that is to be notaried; (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 2ules and by law; or (c) is a spouse, commonlaw partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree. !ther prohibite# acts
3 notary public shall not perform any notarial act described in these 2ules for any person requesting such an act even if he tenders the appropriate fee specified by these 2ules if8 a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral; (b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the formers knowledge of the consequences of the transaction requiring a notarial act; and (c) in the notarys =udgment, the signatory is not acting of his or her own free will.
