Reviewer on Rules on Notarial Practice for the Welfare of Disable Persons (NCWDP), Department of

Social Welfare and Development (DSWD) certification; or

Who can be a notary public? (Rule III, Sec. 1) (b) the oath or affirmation of one credible witness not privy to the
- The Notary Public: instrument, document or transaction who is personally known
1. must be a citizen of the Philippines; to the notary public and who personally knows the individual,
2. must be over twenty-one (21) years of age; or of two credible witnesses neither of whom is privy to the
3. must be a resident in the Philippines for at least one (1) year and instrument, document or transaction who each personally
maintains a regular place of work or business in the city or knows the individual and shows to the notary public
province where the ccmmission is to be issued; documentary identification.
4. must be a rnember of the Philippine Bar in good standing with
clearances from tile Office of the Bar Confidant of the Supreme
Court and the Integrated Bar of the Philippines; and What can a notary public perform? (Rule IV, Section 1)
5. must not have been convicted in the first instance of any crime
involving moral turpitude a) Notarial acts:
.
What does “commission” mean? (Rule II, Sec. 3) Acknowledg Oaths Jurat Signatu Copy Any
- grant of authority to perform notarial acts and to the written ment (Rule and (Rule II, re Certificat other
evidence of the authority. II, Sec. 1) Affirmati Sec. 6) Witnes ions acts
ons sing (Rule II, authori
What can be found in a notarial certificate? (Rule II, Sec. 8; Rule (Rule II, (Rule Sec. 4) zed by
VIII Sec 2) Sec. 2) II, the
- notary's signature and seal, and states the facts attested to by the Section Rules
notary public in a particular notarization as provided for by these 14)
Rules. act in an act in an act in a) an A notarial
- It shall includes: which an which an which an individual act in
(a) the name of the notary public as exactly indicated in the individual individual individual on a which a
commission; on a on a on a single notary
(b) the serial number of the commission of the notary public; single single single occasion public:
(c) the words "Notary Public" and the province or city where the occasion: occasion: occasion: appears in (a) is
notary public is commissioned, the expiration date of the (a) (a) ap (a) ap person presented
commission, the office address of ·the notary public; and appears in pears in pears in before the with an
(d) the roll of attorney's number, the professional tax receipt person person person notary instrumen
number and the place and date of issuance thereof, and the before the before before the public and t or
IBP membership number. notary the notary presents document
public and notary public and an that is
What is considered competence evidence of identity? (Sec. 12) presents public; presents instrumen neither a
- identification of an individual based on: an an t vital
(a) at least one current identification document issued by an integrally (b) is instrumen or record, a
official agency bearing the photograph and signature of the complete personally t or document public
individual, such as but not limited to, passport, driver’s license, instrumen known to document ; record,
Professional Regulations Commission ID, National Bureau of t or the notary ; nor
Investigation clearance, police clearance, postal ID, voter’s ID, document public or (b) is publicly
Barangay certification, Government Service and Insurance ; identified (b) is personally recordable
System (GSIS) e-card, Social Security System (SSS) card, by the personally known to ;
Philhealth card, senior citizen card, Overseas Workers Welfare (b) is notary known to the notary
Administration (OWWA) ID, OFW ID, seaman’s book, alien attested public the notary public or (b) copies
certificate of registration/immigrant certificate of registration, to be through public or identified or
government office ID, certification from the National Council personally competent identified by the supervises
MEDINOTES
known to evidence by the notary the deed,
the notary of notary public copying of and, if he
public or identity; public through the acts in a
identified and through competent instrumen particular
by the competent evidence t or represent
notary (c) av evidence of identity document ative
public ows under of as defined ; capacity,
through penalty of identity; by these (c) that he
competent law to the Rules; compares has the
evidence whole (c) si and the authority
of identity truth of gns the instrumen to sign in
as defined the instrumen (c) signs t or that
by these contents t or the document capacity.
Rules; of the document instrumen with the
and instrumen in the t or copy; and b) A notary public is authorized to certify the affixing of a signature
(c)represe t or presence document by thumb or other mark on an instrument or document presented
nts to the document of the in the (d) for notarization if:
notary . notary; presence determine 1. the thumb or other mark is affixed in the presence of the
public that and of the s that the notary public and of two (2) disinterested and unaffected
the notary copy is witnesses to the instrument or document;
signature public. accurate 2. both witnesses sign their own names in addition to the thumb
on· the and or other mark;
instrumen (d) ta 3. the notary public writes below the thumb or other mark:
complete.
t or kes an "Thumb or Other Mark affixed by (name of signatory by mark)
document oath or in the presence of (names and addresses of witnesses) and
was affirmatio undersigned notary public"; and
voluntarily n before 4. the notary public notarizes the signature by thumb or other
affixed by the notary mark through an acknowledgment, jurat, or signature
him for public ·as witnessing.
the to such
purposes instrumen c) A notary public is authorized to sign-on behalf of a person who is
stated in t or physically unable to sign or make a mark on an instrument or
the document. document if:
instrumen 1. the notary public is directed by the person unable to sign or make
t or a mark to sign on his behalf;
document 2. the signature of the notary public is affixed in the presence of two
, declares disinterested and unaffected witnesses to the instrument or
that he document;
has 3. both witnesses sign their own names ;
executed 4. the notary public writes below his signature: "Signature affixed by
the notary in presence of (names and addresses of person and two (2]
instrumen witnesses)"; and
t or 5. the notary public notarizes his signature by acknowledgment or
document jurat (Note: No signature witnessing precisely because that
as his free principal does not have the capacity to sign or mark the
and instrument)
voluntary
act and What can the notary public not do? (Rule IV Section 2)
MEDINOTES
 1. A notary public shall not perform a notarial act outside his regular 1) a blank or incomplete instrument or document; or
place of work or business; 2) an instrument or document without appropriate notarial
2. If the person involved as a signatory to the instrument or certification.
document-
a) is not in the notary’s presence personally at the time of the What are the rules on notarial fees? (Rule V)
notarization; and - a notary public may charge the maximum fee as prescribed by the
b) is not personally known to the notary public or otherwise Supreme Court unless he waives the fee in whole or in part.
identified by the notary , public through competent evidence of - A notary public who charg13s a fee for notarial services shall issue
identity as defined by these Rules. a receipt registered with the Bureau of Internal Revenue and keep
a journal of notarial fees. He shall enter in the journal all fees
Aside from the notary’s regular place of work/business, where can charged for services rendered.
the notary exercise notarial powers? (Rule IV, Section 2)
What are the punishable acts? (Rule XII, Sec 1)
- on certain exceptional occasions or situations, a notarial act may 1) knowingly acts or otherwise impersonates a notary public;
be performed at the request of the parties in the following sites 2) knowingly obtains, conceals, defaces, or destroys the seal, notarial
located within his territorial jurisdiction: register, or official records of a notary public; and
1) public offices, convention halls, and similar ·places where oaths 3) knowingly solicits, coerces, or in any way influences a notary
of office may be administered; public to commit official misconduct.
2) public function areas in hotels and similar places for the
signing of instruments or documents requiring notarization; What documents that the notary need to keep? (Rule VI, Sec. 2 d)
3) hospitals and other medical institutions where a party to an - When the instrument or document is a contract, the notary public
instrument or document is confined for treatment; and shall keep an original copy thereof as part of his records and enter
4) any place where a party to an instrument or document in said records a brief description of the substance thereof and
requiring notarization is under detention. shall give to each entry a consecutive number, beginning with
number one in each calendar year. He shall also retain a duplicate
When is a notary disqualified from performing notarial act? (Rule original copy for the Clerk of Court.
IV, Sec. 3)
1. When s/he is a party to the instrument or document that is to be
notarized;
2. When s/he 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
3. When s/he is a spouse, common-law partner, ancestor,
descendant, or relative by affinity or consanguinity of the principal
within the fourth civil degree.

When can a notary public refuse to notarize? (Rule IV, Sec. 4)

1) the notary knows or has good reason to believe that the notarial
act or transaction is unlawful or immoral;
2) the signatory shows a demeanor which engenders in the mind of
the notary public reasonable doubt as to the farmer's knowledge of
the consequences of the transaction requiring a notarial act; and
3) in the notary's judgment, the signatory is not acting of his or her
own free will.

What are Improper Instruments or Documents? (Rule IV, Sec. 6)

MEDINOTES