Salient features of the NOTARIAL LAW Form & Contents of Petition

Relevant Provisions:
Every petition for a notarial commission shall be
The Notarial Law (cf. provisions of the Revised in writing, verified, and shall include the
Administrative Code) A.M. No. 02-8-13-SC (2004 following: (a) a statement containing the
Rules on Notarial Practice) petitioners personal qualifications, including the
petitioners date of birth, residence, telephone
BASES: number, professional tax receipt, roll of
attorneys number and IBP membership number;
Sec. 251 of the Revised Administrative Code- The (b) certification of good moral character of the
Notarial Law is explicit on the obligations and petitioner by at least two (2) executive officers of
duties of notaries public. They are required to the local chapter of the Integrated Bar of the
certify that the party to every document Philippines where he is applying for commission;
acknowledged before them has presented the (c) proof of payment for the filing of the petition
proper residence certificate (or exemption from as required by these Rules; and (d) three (3)
the residence tax); and to enter its number, place passport-size color photographs with light
of issue and date as part of such certification. background taken within thirty (30) days of the
application. The photograph should not be
Sec.246 of the Revised Administrative Code- retouched. The petitioner shall sign his name at
They are also required to maintain and keep a the bottom part of the photographs. (section 2,
notarial register; to enter therein all instruments Rule 3 Ibid.)
notarized by them; and to “give to each
instrument executed, sworn to, or *Other matters * Payment of application fee*
acknowledged before [them] a number Hearing of the petition SUMMARY in nature
corresponding to the one in [their] register [and
to state therein] the page or pages of [their] - Notice shall be posted in the designated
register, on which the same is recorded. court areas and published in a
newspaper of general circulation. Any
Sec. 249 of the Revised Administrative Code- person who has cause to oppose the
Failure to perform these duties would result in same may file a written opposition.
the revocation of their commission as notaries
public. Jurisdiction and Term of a Notary Public

Purpose of the 2004 Notarial Rules: A person commissioned as notary public may
perform notarial acts in any place within the
(a) to promote, serve, and protect public territorial jurisdiction of the commissioning
interest; court for a period of two (2) years commencing
(b) to simplify, clarify, and modernize the rules the first day of January of the year in which the
governing notaries public; and commissioning is made, unless earlier revoked or
(c) to foster ethical conduct among notaries the notary public has resigned under these Rules
public and the Rules of Court. (section 11, Rule 3, ibid.)

Who may be a Notary public? May the term be renewed? YES. A notary public
may file a written application with the Executive
(1) must be a citizen of the Philippines; Judge for the renewal of his commission within
(2) must be over twenty-one (21) years of age; forty-five (45) days before the expiration
(3) must be a resident in the Philippines for at thereof. A mark, image or impression of the seal
least one (1) year and maintains a regular place of the notary public shall be attached to the
of work or business in the city or province where application. Failure to file said application will
the commission is to be issued; result in the deletion of the name of the notary
(4) must be a member of the Philippine Bar in public in the register of notaries public. The
good standing with clearances from the Office of notary public thus removed from the Register of
the Bar Confidant of the Supreme Court and the Notaries Public may only be reinstated therein
Integrated Bar of the Philippines; and after he is issued a new commission in
(5) must not have been convicted in the first accordance with these Rules. (section 13, Rule 3,
instance of any crime involving moral turpitude. ibid.)
(section 1, Rule 3 AM 02-18-13-SC.)
Powers and Limitations of a Notary Public

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 presented for notarization if; (1) the thumb
POWERS: A notary public is empowered to or other mark is affixed in the presence of
perform the following notarial acts: (1) the notary public and of two (2)
acknowledgments; (2) oaths and affirmations; disinterested and unaffected witnesses to
(3) jurats; (4) signature witnessings; (5) copy the instrument or document; (2) both
certifications; and (6) any other act authorized witnesses sign their own names in addition
by these Rules. (section 1, Rule IV, ibid. ) to the thumb or other mark; (3) the notary
public writes below the thumb or other
Nadayag vs. Grageda (09-27-94) Notarization is mark: "Thumb or Other Mark affixed by
not an empty routine. Notarization of a private (name of signatory by mark) in the presence
document converts such document into a public of (names and addresses of witnesses) and
one and renders it admissible in court without undersigned notary public”; and (4) the
further proof of its authenticity. A notary public notary public notarizes the signature by
should therefore be conscientious in seeing to it thumb or other mark through an
that justice permeated every transaction for acknowledgment, jurat, or signature
which his services had been engaged, in witnessing. (ibid.)
conformity with the avowed duties of a worthy
member of the Bar. S/he must fully explain the A notary public is authorized to sign on
intricacies and consequences of the subject behalf of a person who is physically unable
transaction. to sign or make a mark on an instrument or
document if: 1) the notary public is directed
Function of a Notary Public by the person unable to sign or make a mark
to sign on his behalf; 2) the signature of the
To guard against any illegal or immoral notary public is affixed in the presence of
arrangements. That function would be defeated two disinterested and unaffected witnesses
if the notary public were one of the signatories to the instrument or document; 3) both
to the instrument. For then, he would be witnesses sign their own names; 4) the
interested in sustaining the validity thereof as it notary public writes below his signature:
directly involves himself and the validity of his “Signature affixed by notary in presence of
own act, and the very purpose of the (names and addresses of person and [2]
acknowledgment, which is to minimize fraud witnesses)”; and 5)the notary public
would be thwarted. (Villarin vs. Sabate, Feb. 9, notarizes his signature by acknowledgment
2000) or jurat. (ibid.)

What Constitutes Competent Evidence of Prohibitions

“Identity”?
a) A notary public shall not perform a
(a) at least one current identification notarial act outside his regular place of
document issued by an official agency work or business; provided, however,
bearing the photograph and signature of that on certain exceptional occasions or
the individual; or situations, a notarial act may be
performed at the request of the parties
(b) the oath or affirmation of one credible in the following sites located within his
witness not privy to the instrument, territorial jurisdiction: (1) public offices,
document or transaction who is convention halls, and similar places
personally known to the notary public where oaths of office maybe
and who personally knows the administered; (2) function areas in
individual, or of two credible witnesses hotels and similar places for the signing
neither of whom is privy to the of instruments or documents requiring
instrument, document or transaction notarization; (3) hospitals and other
who each personally knows the medical institutions where a party to an
individual and shows to the notary public instrument or document is confined for
documentary identification. (section 12 treatment; and (4) any place where a
Rule 2 AM 02-18-13-SC) party to an instrument or document
requiring notarization is under
A notary public is authorized to certify the detention.
affixing of a signature by thumb or other Other Prohibitions
mark on an instrument or document

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 b) A person shall not perform a notarial act
if the person involved as signatory to the
instrument or document — (1) is not in
the notary’s presence personally at the
time of the notarization; and (2) is not
personally known to the notary public or
otherwise identified by the notary public
through competent evidence of identity
as defined by these Rules.

A notary public cannot notarize a document

if s/he: (a) is a party to the instrument or
document that is to be notarized; (b) will
receive, as a direct or indirect result, any
commission, fee, advantage, right, title,
interest, cash, property, or other
consideration, except as provided by these
Rules and by law; or (c) is a spouse, common-
law partner, ancestor, descendant, or
relative by affinity or consanguinity of the
principal within the fourth civil degree.

Other Prohibited Acts

A notary public shall not perform any

notarial act described in these Rules for any
person requesting such an act even if he
tenders the appropriate fee specified by
these Rules if: (a) the notary knows or has
good reason to believe that the notarial act
or transaction is unlawful or immoral; (b) the
signatory shows a demeanor which
engenders in the mind of the notary public
reasonable doubt as to the formers
knowledge of the consequences of the
transaction requiring a notarial act; and(c) in
the notary’s judgment, the signatory is not
acting of his or her own free will.

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