NOTARIAL PRACTICE
notarial commission is granted by an executive
Notary Public or a notary is any person
commissioned to perform official acts (1)
Acknowledgements; (2) Oaths and affirmations; (3)
Jurats; (4) Signature witnessing; (5) Copy
certifications; and (6) Any other act authorizes in the
rules;
Purpose:
 To verify the personal appearance of affiant
and the genuineness of signature
 To authenticate document and verify due
execution, making document admissible in
evidence without proof of authenticity
Notarization is not an empty, meaningless, routinary
act. It is invested with substantive public interest,
such that only those who are qualified or authorized
may act as notaries public…A notarial document is
by law entitled to full faith and credit upon its face.
Courts, administrative agencies and the public at
large must be able to rely upon the acknowledgement
executed by a notary public. [Baylon v. Almo,
(2008)]
QUALIFICATIONS OF NOTARY PUBLIC
(1) Citizen of the Philippines
(2) Over 21 years of age
(3) Philippine resident for at least 1 year and
maintains a regular place of work or business in
the city or province where the commission is to
be issued
(4) Member of the Philippine Bar in good standing,
with clearances from the Bar Confidant of the SC
and the IBP
(5) No conviction in the first instance for any crime
involving moral turpitude
Note: When there are no persons with the
necessary qualifications OR where there are
qualified persons but they refuse appointment, a
notary public does NOT have to be a lawyer. The
following persons may be appointed as notaries:
a. Those who have passed the studies of law
in a reputable university
b. A clerk or deputy clerk of court for a
period of not less than two years
TERM OF OFFICE OF NOTARY PUBLIC – A
judge after petition of the lawyer, and is good for two
years commencing on the 1st day of January of the
year in which the commission is made UNLESS
earlier revoked or the notary public has resigned
according to these Rules and the Rules of Court.
[Rule III, Sec. 11].
Every petition undergoes a hearing and approved
after:
(1) Petition is proven sufficient in form and
substance
(2) Petitioner proves allegations in petition
(3) Petitioner establishes to the satisfaction of the
court that he has read and understood the
Rules on Notarial Practice
POWERS AND LIMITATIONS; AUTHORITY
OF THE NOTARY
What can be notarized: A notary can notarize any
document, upon request of affiant. Sec. 1. Powers. –
A notary public is (a) Empowered to perform the
following material acts:
(1) Acknowledgments;
(2) Oaths and affirmations;
(3) Jurats;
(4) Signature witnessings;
(5) Copy certifications; and
(6) Any other act authorized by these rules
(b) Authorized to certify the affixing of a signature
by thumb or 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 two (2)
disinterested and unaffected witnesses to the
instrument or document;
(2) Both witnesses sign their own names in
addition of the thumb or other mark;
(3) The notary public writes below the thumb or
other mark: “Thumb or Other Mark affixed
by (name and addresses of witnesses) and
undersigned notary public”; and
(4) The notary public notarizes the signature by
thumb or other mark through an
acknowledgement, jurat, or signature
witnessing
(c) Authorized to sign on behalf of a person who
is physically unable to sign or make a mark on
an instrument or document if:
(1) The notary public is directed by the person
unable to sign or make a mark to sign on his
behalf;
(2) The signature of the notary public is affixed
in the presence of two disinterested and
unaffected witnesses to the instrument or
document;
(3) Both witnesses sign their own names;
(4) The notary public writes below his
signature: “Signature affixed by notary in
presence of (names and addresses of person
and two (2) witnesses)”; and
(5) The notary public notarizes his signature
by acknowledgement or jurat
JURISDICTION OF NOTARY PUBLIC AND
PLACE OF NOTARIZATION
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.
General Rule: Notarization of document must be at
the notary public’s regular place of work.
Exceptions:
(1) In public offices, convention halls and other
places where oaths of office are
administered, public function areas in hotels
and similar areas used for the signing
of instruments or documents requiring
notarization
(2) Hospitals and other medical institutions
where a part to an instrument is confined for
treatment
(3) Any place where a party to the instrument
requiring notarization is under detention
(4) Any place where a party to the instrument
requiring notarization is under detention.
COMPETENT EVIDENCE OF IDENTITY
Competent Evidence of Identity. - refers to the
identification of an individual based on:
(1) At least one current identification document
issued by an official agency bearing the photograph
and signature of the individual; or
(2) The oath or affirmation of:
(a) 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,
(b) 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.
Notaries public must observe utmost care in
complying with formalities intended to ensure the
integrity of the notarized document and the act it
embodies. In this case, the respondent violated the
Rules on Notarial Practice when he notarized three
documents presented to him by a complainant whose
identity is not personally known to him and yet he
did not require proof of identity from the said person.
[Gonzales v. Padiernos (2008)]
A lawyer commissioned as notary public is mandated
to subscribe to the sacred duties appertaining to his
office, such duties being dictated by public policy
and impressed with public interest. Faithful
observance and utmost respect of the legal solemnity
of an oath in an acknowledgment or jurat is
sacrosanct. [Maligsa v. Catanting (1997)]