Salient Features of Notarial Law

The Notarial Law is explicit on the obligations and 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.
They are also required to maintain and keep a 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.
Failure to perform these duties would result in the revocation of their commission as
notaries public.
Purpose of the 2004 Notarial Rules:
(a) to promote, serve, and protect public interest;
(b) to simplify, clarify, and modernize the rules governing notaries public; and
(c) to foster ethical conduct among notaries public.

Who may be a Notary public?

(1) must be a citizen of 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 business in the city or province where the commission is to be issued;
(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. (section 1, Rule 3 AM 02-18-13-SC.)

Form & contents of petition

Every petition for a notarial commission shall be in writing, verified, and shall include the
following:
(a) a statement containing the petitioners personal qualifications, including the
petitioners date of birth, residence, telephone number, professional tax receipt, roll of
attorneys number and IBP membership number;
(b) certification of good moral character of the petitioner by at least two (2) executive
officers of the local chapter of the Integrated Bar of the Philippines where he is applying
for commission;
(c) proof of payment for the filing of the petition as required by these Rules; and
(d) three (3) passport-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.)
Other matters

Payment of application fee

Hearing of the petition
SUMMARY in nature
Notice shall be posted in the designated court areas and published in a
newspaper of general circulation
Any person who has cause to oppose the same may file a written opposition

Jurisdiction and term of a notary public

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) 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.)

May the term be renewed?

YES. A notary public may file a written application with the Executive Judge for the
renewal of his commission within forty-five (45) days before the expiration thereof. A
mark, image or impression of the seal of the notary public shall be attached to the
application. Failure to file said application will result in the deletion of the name of the

notary public in the register of notaries public. 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.)

Powers and limitations of a notary public

POWERS: A notary public is empowered to perform the following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.(section 1, Rule IV, ibid. )

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)

What constitutes competent evidence of identity?

(a) at least one current identification document issued by an official agency bearing the
photograph and signature of the individual; or
(b) 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

A notary public is authorized to certify the affixing of a signature by thumb or

other 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 of two (2)
disinterested and unaffected witnesses to the instrument or document;
(2) both witnesses sign their own names in addition to the thumb or other mark;
(3) the 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 public"; and
(4) the notary public notarizes the signature by thumb or other mark through an
acknowledgment, jurat, or signature witnessing. (ibid.)

A notary public is 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 acknowledgment or jurat. (ibid.)
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:
(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 instruments or
documents requiring notarization;

(3) hospitals and other medical institutions where a party to an instrument or document
is confined for treatment; and
(4) any place where a party to an instrument or document requiring notarization is
under detention.
Other prohibitions
(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 notarys 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 notarys judgment, the signatory is not acting of his or her own free will.