2004 notarial practice rule

8/13/2019 2004 Notarial Practice Rule

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QUALIFICATIONS OF NOTARY PUBLIC

SECTION 1. Qualifications. - xxx To be eligible for

commissioning as notary public, the petitioner:

(1) must be a citizenof the Philippines;

(2) must be over twenty-one (21) years of age;

(3) must be a resident in the Philippines for at least one

(1) year and maintains a regular place of work or businessin the city or province where the commission is to be

issued;


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(4) must be a member of the Philippine Bar in good

standing with clearances from the Office of the Bar

Confidant of the Supreme Court and the Integrated Bar

of the Philippines; and

(5) must not have been convicted in the first instance of

any crime involving moral turpitude.( RULE III )


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SEC. 4. Summary Hearing on the

Petition. - The Executive Judge shall

conduct a summary hearing on the petitionand shall grant the same if:

(a) the petition is sufficient in form andsubstance;

(b) the petitioner proves the allegationscontained in the petition; and


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(c) the petitioner establishes to the

satisfaction of the Executive Judge that hehas read and fully understood these Rules.

The Executive Judge shall forthwith issue acommissionand a Certificate of

Authorization to Purchase a Notarial Seal in

favor of the petitioner.


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REQUIREMENT OF PUBLICATION OF SUMMARY

HEARING

SEC. 5. Notice of Summary Hearing. - (a) The notice of

summary hearing shall be published in a newspaper of

general circulation in the city or province where the

hearing shall be conducted and posted in aconspicuous place in the offices of the Executive

Judge and of the Clerk of Court.


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JURISDICTION AND TERM

SEC. 11. Jurisdiction and Term. -A 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) yearscommencing the first

day of January of the year in which the commissioning ismade, unless earlier revoked or the notary public has

resigned under these Rules and the Rules of Court.


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POWERS OF A NOTARY PUBLIC

SECTION 1. Powers. - (a) A notary publicis empowered to perform the following

notarial acts:

(1) acknowledgments;

(2) oaths and affirmations;


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(3) jurats;

(4) signature witnessing;

(5) copy certifications; and

(6) any other act authorized by these

Rules. ( RULE IV)


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DIFFERENT NOTARIAL ACTS THAT A NOTARY

PUBLIC MAY PERFORM

( RULE II )

ACKNOWLEDGMENT

SECTION 1.Acknowledgment. - "Acknowledgment"refers to an act in which an individual on a single

occasion:

(a) appears in person before the notary public andpresents an integrally complete instrument or document;


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(b) is attested to be personally known to the notary public

or identified by the notary public through competent

evidence of identity as defined by these Rules; and

(c) represents to the notary public that the signature on

the instrument or document was voluntarily affixed by him

for the purposes stated in the instrument or document,

declares that he has executed the instrument ordocument as his free and voluntary act and deed, and, if

he acts in a particular representative capacity, that he

has the authority to sign in that capacity.


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Example of ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)CITY OF CEBU ) S.s.

BEFORE ME A NOTARY PUBLIC, for the City of Cebu,

personally came and appeared MATEO CABALUNA,whose identity is proven by his Non-Professional

Drivers License No. 12345 valid until September 2009

and presented his CTC No. 7545 issued on 1/2/06 at

Cebu City, Philippines, and who acknowledged to methat the same is his free and voluntary act and deed.


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Necessity to present CTC

NOTE: IS COMMUNITY TAX STILL

REQUIRED TO BE STATED IN THE

JURAT OR ACKNOWLEDGMENT?

ANSWER: YES

BASIS:

SEC. 163 [ Local Government Code of

1991 ].


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Presentation of Community Tax Certificate On

Certain Occasions.

(a) When an individual subject to the community tax

acknowledges any documentbefore a notary public,

takes the oath of officeupon election or appointment to

any position in the government service; receives any

license, certificate, or permit from any public authority;pays any tax or fee; receives any money from any public

fund; transacts other official business;


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or receives any salary or wage from any person or

corporation, it shall be the duty of any person, officer,

or corporation with whom such transaction is made

or business done or from whom any salary or wage is

received to require such individual to exhibit the

community tax certificate.The presentation of

community tax certificate shall not be required inconnection with the registration of a voter.


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b) When, through its authorized officers, any corporation

subject to the community tax receives any license,

certificate, or permit from any public authority, pays any

tax or fee, receives money from public funds, or transacts

other official business, it shall be the duty of the public

official with whom such transaction is made or business

done, to require such corporation to exhibit the communitytax certificate.


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AFFIRMATION OR OATH

SEC. 2.Affirmation or Oath. - The term "Affirmation" or

"Oath" refers to an act in which an individual on a single

occasion:

(a) appears in person before the notary public;


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(b) is personally known to the notary public or identifiedby

the notary public through competent evidence of identity

as defined by these Rules; and

(c) avowsunder penalty of law to the whole truth of the

contents of the instrument or document.


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JURAT

SEC. 6. Jurat. - "Jurat" refers to an act in which an

individual on a single occasion:

(a) appears in person before the notary public and presentsan instrument or document;


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(b) is personally known to the notary public or identified by

the notary public through competent evidence of identity

as defined by these Rules;

(c) signs the instrument or document in the presence of

the notary; and

(d) takes an oath or affirmation before the notary public as

to such instrument or document.


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EXAMPLE OF JURAT

SUBSCRIBED AND SWORN TO BEFORE ME by MATEO

CABALUNA, who is personally known to meand

presented his CTC No. 7545 issued on 1/2/06 at Cebu City,Philippines, and who is the same person who personally

signed before me the foregoing affidavit and acknowledged

that he executed the same.

NOTARY PUBLIC


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SIGNATURE WITNESSING

SEC. 14. Signature Witnessing. -The term "signaturewitnessing" refers to a notarial act in which an individual on

a single occasion:

(a) appears in person before the notary public and presentsan instrument or document;


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(b) is personally known to the notary public or identified by

the notary public through competent evidence of identity as

defined by these Rules; and

(c) signs the instrument or document in the presence of the

notary public.


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EXAMPLE OF SIGNATURE WITNESSING

BEFORE ME, a Notary Public in and for the City of

Dumaguete, this 3rdday of November 2007, personally

appeared PEDRO CRUZ who presented to me ( name of

document) which he voluntarily signed in my presence.

WITNESS MY HAND AND SEAL this_day of November

2007 at Dumaguete City


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COPY CERTIFICATION

SEC. 4. Copy Certification. - "Copy Certification" refers to anotarial act in which a notary public:

(a) is presented with an instrument or document that is

neither a vital record, a public record, nor publiclyrecordable;


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(b) copies or supervises the copying of the instrument or

document;

(c) compares the instrument or document with the copy;

and

(d) determines that the copy is accurate and complete.


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EXAMPLE OF COPY CERTIFICATION

CERTIFICATION

This is to certify that I was presented with a______(name

of instrument) which is neither a vital record, a public

record, nor publicly recordable; that I copied/supervisedthe copying of the instrument; and that I compared the

copied instrument with the original copy and I hereby

certify that the copy is accurate and complete.


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POWER TO CERTIFY THE AFFIXING OF SIGNATURE

BY THUMB

(b) A notary public is authorized to certify

the affixing of a signature by thumb orother mark on an instrument or document

presented for notarization if:


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(1)the thumb or other mark is affixed in the

presence of the notary public and of

two (2) disinterested and unaffected

witnessesto the instrument or document;


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(2) both witnesses sign their own

names in addition to the thumb or othermark;

(3) the notary public writes below the

thumb or other mark: "Thumb or Other

Mark affixed by (name of signatory bymark) in the presence of (names and

addresses of witnesses) and undersigned

notary public"; and


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(4) the notary public notarizes the signature

by thumb or other mark through an

acknowledgment, jurat, or signature

witnessing.


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For Example:

( Thumbmark of Pedro Aurellano)

(Sgd. Maria Clara) (Sgd. Jose Abad)

Thumbmark affixed by Pedro Aurellano inthe presence of Maria Clara, a resident of

Cebu City, and Jose Abad, a resident of

Tagbilaran City, and the undersigned

Notary Public.

NOTARY

PUBLIC


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POWER TO SIGN IN BEHALF OF A PERSONUNABLE TO SIGN

(c) A notary public is authorized to sign on behalf ofa person who is physically unable to sign or makea mark on an instrument or document if:

(1) the notary public is directed by the personunable to sign or make a mark to sign on hisbehalf;

(2) the signature of the notary public is affixedin the presence of two disinterested andunaffected witnesses to the instrument ordocument;


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(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

acknowledgment or jurat.


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PROHIBITIONS OF A NOTARY PUBLIC


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( RULE: Notarial Act must be performed

within regular place of work or business)

SEC. 2. Prohibitions. - (a) A 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 jurisdiction:


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EXCEPTIONS:

(1) public offices, convention halls, and

similar places where oaths of office may be

administered;

(2) public function areas in hotels and

similar places for the signing of instrumentsor documents requiring notarization;


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(3) hospitals and other medical institutions

where a party to an instrument or documentis confined for treatment; and

(4) any place where a party to an instrument

or document requiring notarization is under

detention.


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ADDITIONAL PROHIBITION:

(b) A person shall not perform a notarial act if the personinvolved as signatory to the instrument or document

(1) is not in the notary's presence personally at the timeof the notarization; and

(2) is not personally known to the notary public orotherwise identified by the notary public throughcompetent evidence of identity as defined by these Rules.


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DISQUALIFICATIONS

SEC. 3. Disqualifications. -A notary public

is disqualified from performing a notarial

act if he:


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(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


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(c) is a spouse, common-law partner,

ancestor, descendant, or relative by affinityor consanguinity of the principal within the

fourth civil degree. ( SECTION 3, RULE IV)


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UNDER WHAT CIRCUMSTANCES MAY A NOTARY

PUBLIC REFUSE TO NOTARIZE A DOCUMENT?

SEC. 4. Refusal to Notarize. xxx xxx


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(a) the notary knows or has good reason to

believe that the notarial act or transaction

is unlawfulor immoral;

(b) the signatory shows a demeanor which

engenders in the mind of the notary publicreasonable doubtas to the former's

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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ANOTHER INSTANCE:

FALSE AND INCOMPLETE CERTIFICATE

SEC. 5. False or Incomplete Certificate. - A notary public

shall not:

(a) execute a certificate containing information known or

believed by the notary to be false.

(b) affix an official signature or seal on a notarialcertificate that is incomplete.


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IMPROPER INSTRUMENTS OR DOCUMENTS

SEC. 6. Improper Instruments or Documents. -A notarypublic shall not notarize:

(a) a blank or incomplete instrument or document; or

(b) an instrument or document without appropriate

notarial certification.

REQUIREMENT TO KEEP A NOTARIAL


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REQUIREMENT TO KEEP A NOTARIAL

REGISTER

WHAT IS A NOTARIAL REGISTER?

SEC. 5. Notarial Register. - "Notarial

Register" refers to a permanently boundbookwith numbered pages containing a

chronological record of notarial acts

performed by a notary public.


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SECTION 1. Form of Notarial Register. -

(a) A notary public shall keep, maintain,

protect and provide for lawful inspection as

provided in these Rules, a chronological

official notarial register of notarial actsconsisting of a permanently bound book

with numbered pages.

( RULE VI)

ENTRIES IN THE NOTARIAL REGISTER


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ENTRIES IN THE NOTARIAL REGISTER

(1) the entry number and page number;

(2) the date and time of day of the notarial act;

(3) the type of notarial act;

(4) the title or description of the instrument, document or

proceeding;


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(5) the name and address of each principal;

(6) the competent evidence of identity as defined by theseRules if the signatory is not personally known to the notary;

(7) the name and address of each credible witness

swearing to or affirming the person's identity;


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(8) the fee charged for the notarial act;

(9) the address where the notarization was performed if notin the notary's regular place of work or business; and

(10) any other circumstance the notary public may deem of

significance or relevance.( SECTION 2)

REQUIREMENT OF SIGNING NOTARIAL REGISTER BY


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REQUIREMENT OF SIGNING NOTARIAL REGISTER BYPRINCIPAL AND WITNESSES

SEC. 3. Signatures and Thumbmarks. -At the time of

notarization, the notary's notarial register shall be signed or athumb or other mark affixed by each:

(a) principal;

(b) credible witness swearing or affirming to the identity of aprincipal; and

(c) witness to a signature by thumb or other mark, or to a

signing by the notary public on behalf of a person physicallyunable to sign.


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RELEVANT CASES

ROSALINDA BERNARDO VDA DE ROSALES,

complainant, vs.ATTY. MARIO G. RAMOS, respondent

A.C. No. 5645. July 2, 2002


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RELEVANT CASES

The notary public is further enjoined to record in his

notarial registry the necessary information regarding

the document or instrument notarized and retain a copy

of the document presented to him for acknowledgment

and certification especially when it is a contract. Thenotarial registry is a record of the notary public's official

acts. Acknowledged documents and instruments recorded

in it are considered public documents.


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RELEVANT CASES

If the document or instrument does not appear in the

notarial records and there is no copy of it therein, doubt isengendered that the document or instrument was not really

notarized, so that it is not a public document and cannot

bolster any claim made based on this

document. Considering the evidentiary value given tonotarized documents, the failure of the notary

public to record the document in his notarial registry is

tantamount to falsely making it appear that the document

was notarized when in fact it was not.

RESIGNATION OF NOTARY PUBLIC


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RESIGNATION OF NOTARY PUBLIC

SEC. 2. Resignation. -A notary public may resign his

commission by personally submitting a written, datedand signed formal notice to the Executive Judge together

with his notarial seal, notarial register and records.

Effective from the date indicated in the notice, he shall

immediately cease to perform notarial acts. In the eventof his incapacity to personally appear, the submission of

the notice may be performed by his duly authorized

representative. ( SECTION 2, RULE X)


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OTHER GROUNDS:

(b) In addition, the Executive Judge may revoke thecommission of, or impose appropriate administrative

sanctions upon, any notary public who:


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(1) fails to keep a notarial register;

(2) fails to make the proper entry or entries in his notarial

register concerning his notarial acts;

(3) fails to send the copy of the entries to the Executive

Judge within the first ten (10) days of the month following;


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(4) fails to affix to acknowledgments the date of expiration

of his commission;

(5) fails to submit his notarial register, when filled, to the

Executive Judge;

(6) fails to make his report, within a reasonable time, tothe Executive Judge concerning the performance of his

duties, as may be required by the judge;


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(7) fails to require the presence of a principal at the time

of the notarial act;

(8) fails to identify a principal on the basis of personal

knowledge or competent evidence;

(9) executes a false or incomplete certificate under

Section 5, Rule IV;


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(10) knowingly performs or fails to perform any other act

prohibited or mandated by these Rules; and

(11) commits any other dereliction or act which in the

judgment of the Executive Judge constitutes good cause

for revocation of commission or imposition of

administrative sanction. ( SECTION 1, RULE XI)


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PROCEDURE IN DISCIPLINING A NOTARY

PUBLIC

(c) Upon verified complaint by an interested, affected or

aggrieved person, the notary public shall be required to

file a verified answer to the complaint.


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If the answer of the notary public is not satisfactory, the

Executive Judge shall conduct a summary hearing. If the

allegations of the complaint are not proven, the complaintshall be dismissed. If the charges are duly established,

the Executive Judge shall impose the appropriate

administrative sanctions. In either case, the aggrieved

party may appeal the decision to the Supreme Court for

review. Pending the appeal, an order imposing

disciplinary sanctions shall be immediately executory,

unless otherwise ordered by the Supreme Court.


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(d) The Executive Judge may motu proprio initiate

administrative proceedings against a notary public, subject

to the procedures prescribed in paragraph (c) above andimpose the appropriate administrative sanctions on the

grounds mentioned in the preceding paragraphs (a) and

(b).