Salient features of the notarial law

1. Salient features of theNOTARIAL LAW & the 2004 Rules Legal ethics Atty. JFL Risonar
02-8-13-SC (2004 Rules on Notarial Practice)
3. BASES: 251 of the Re
duties of notaries public. They are required to certify that the party to every document acknowledged
before them has presented the proper residence certificate (or exemption from the residence tax); and
to enter its number, place of issue and date as part of such certification.
notarial register; to enter therein all instruments notarized 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.
5. BASES:
13, 2003.

among notaries public.

must be over twenty-one

be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant
in the first instance of any crime involving moral turpitude. (section 1, Rule 3 AM 02-18-13-SC.)

the petitioners date of birth, residence, telephone number, professional tax receipt, roll of attorneys
least two (2) executive officers of the local chapter of the Integrated Bar of the Philippines where he is
-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. (section 2, Rule 3 Ibid.)

person who has cause to oppose the same may file a written opposition
10. Jurisdiction and term of a notary publicA person commissioned as notary public may perform
notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two
(2) years commencing the first day of January of the year in which the commissioning is made, unless

earlier revoked or the notary public has resigned under these Rules and the Rules of Court. (section 11,
Rule 3, ibid.)
Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. A
to file said application will result in the deletion of the name of the notary public in the register of
The notary public thus removed from the Register of Notaries Public may only be
reinstated therein after he is issued a new commission in accordance with these Rules. (section 13, Rule
3, ibid.)
ry public is empowered to perform the

ibid. )
13. Nadayag vs. Grageda (09-27-94)Notarization is not an empty routine.Notarization of a private
documentconverts such document into a public oneand renders it admissible in court withoutfurther
proof of its authenticity. A notarypublic should therefore be conscientious inseeing to it that justice
permeated everytransaction for which his services had beenengaged, in conformity with the avowed
dutiesof a worthy member of the Bar. S/he must fullyexplain the intricacies and consequences of
thesubject transaction.
14. 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. For 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 minimize fraud would be thwarted.
(Villarin vs. Sabate, Feb. 9, 2000)
at least one current identification
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 12
Rule 2 AM 02-18-13-SC)
16. A notary public is authorized to certify the affixing of a signature by thumb or other mark on an
presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument
notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of
signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary
acknowledgment, jurat, or signature witnessing. (ibid.)

17. A notary public is authorized to sign onbehalf of a person who is physically unableto sign or make a
make a mark to sign on
ture affixed by notary in
notarizes his signature by acknowledgment or jurat. (ibid.)
de his regular place of work or
business; provided, however, that on certain exceptional occasions or situations, a notarial act may be
(1) public
public function areas in hotels and similar places for the signing of instruments or documents requiring
ns where a party to an instrument or document
notarization is under detention.
19. Recent case: Judge Laquindanum versus Atty. Nestor Q. Quintana (A.C. No. 7936)Q: May a lawyer
notarize documents beyond the territorial jurisdiction of the commissioning court that issued his
commission?Q2: may such lawyer, allow his spouse to do notarial acts in his absence?
cision rendered on June 29, 2009 additionally
imposed the penalty of revoking the lawyers notarial commission and disqualified him from discharging
duties as a notary public for an additional period of two years
s outside ones area of commission is not to be taken lightly.
Aside from being a violation of Sec. 11 of the 2004 Rules on Notarial Practice, it also partakes of
s been duly
Finally, Atty. Quintana is personally accountable for the documents that he admitted were signed by his
wife. He cannot relieve himself of liability by passing the blame to his wife. He is, thus, guilty of violating
Canon 9 of the Code of Professional Responsibility, which requires lawyers not to directly or indirectly
assist in the unauthorized practice of law.
erson shall not perform a notarial act if the person involved as signatory
to the instrument or document
entified by the notary
public through competent evidence of identity as defined by these Rules.
indirect result, any commission, fee, advantage,
right, title, interest, cash, property, or other consideration, except as provided by these Rules and by
-law partner, ancestor, descendant, or relative by affinity or
consanguinity of the principal within the fourth civil degree.
any person requesting such an act even if he tenders the appropriate fee specified by these

the notary knows or has good reason to believe that the notarial act or transaction is unlawful or
reasonable doubt as to the formers knowledge of the consequences of the transaction requiring a

shall certify that the person acknowledging the instrument is known to him and that he is the same
person who executed it and acknowledged that the same is his free act and deed.
26. Santuyo vs. Atty. HidalgoQ: may a lawyer notary public delegate to his secretary the task of filling up
his notarial register?HELD: Respondent lawyer is negligent in his practice of tolerating the secretary of
their law office to handle the aforementioned notarial activities. For having wholly entrusted the
preparation and other mechanics of the document for notarization to the secretary there can be a
possibility that even the respondents signature which is the only one left for him to do can even be
done by the secretary or anybody for that matter.
pite the expiration
Philippine Bar at a time when he has no authorization or commission to do so, the offender may be
subjected to disciplinary action and also constitutes a violation of the lawyers oath to obey the laws,
more specifically the Notarial Law.