NOTARIAL LAW

I.

Appointment and Qualifications

A. Who appoints?
1. Provinces - appointed by judges of the Court of First
Instance of the respective provinces
2. City of Manila - One of Judges of the Court of First
Instance of Manila chosen by the judges of the
branches of said court
B. Term of Office - Shall end at the expiration of the 2 year
period beginning on the 1st day of January of the year in
which the appointment is made
C. Eligibility
1. Must be a citizen of the Philippines
2. Over 21 years of age
3. Admitted to the practice of law / who has completed
and passed the studies of law in a reputable university
or school of law
4. Passed the examination for the office of justice of the
peace or clerk or deputy clerk of court / be a person
who has at some time held the office of clerk of court /
deputy clerk of court for a period of not less than two
years
5. Person who has qualified for the office of notary public
under the Spanish sovereignty
a) NO person other than a lawyer or person who had
qualified to hold the office of notary public under
the Spanish sovereignty shall hold said office in
chartered cities and provincial capitals where there
are two or more lawyers appointed as notary public
6. NO person shall be appointed who has been convicted
of any crime involving moral turpitude
a) XPN: In municipalities or municipal districts
wherein no person reside having the qualifications
specified, or having them, refuse to hold such
office, judges of first instance may appoint other

persons temporarily to exercise the office of notary

public who have the requisite qualifications of
fitness and morality;
D. Who has general authority to administer to oath?
1. Notaries Public
2. Judges
3. Justices of the Peace
4. Auxiliary Justices of the Peace
5. Clerks of Courts
6. Secretary of the House and Senate
7. Bureau Directors
8. Register of Deeds
9. Provincial Governors
10. Lieutenant Governors
11. City Mayors
12. Municipal Mayors
13. Municipal District Mayors
14. Any other officer in the Philippines service whose
appointment is vested in the President of the
Philippines
15. Under RA No. 6733 - not required to keep a register of
the oaths they administer nor keep or submit copies of
the same except in the case of notaries public, or as
otherwise required by existing laws
a) President
b) Vice-President
c) Members of both Houses of Congress
d) Members of the Judiciary
e) Secretaries of Departments
f) Regional Directors
g) Constitutional Officers
h) Other civilian officers in the Philippine public
service whose appointments are vested in the
President of the Philippines and are subject to the
confirmation by the Commission on Appointments
16. Municipal Judges in the capacity of the notary public
ex officio

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a) Only within the territorial limits of the municipalities
over which they exercise jurisdiction
b) Only in the notarisation of documents connected
with the exercise of their official functions and
duties.
c) May NOT undertake the preparation and
acknowledgment of private documents, contracts
and other acts of conveyances which bear no
direct relation to the performance of their functions
as judges
d) May act w/in the competency of a regular notary
public, provided
(1) all notarial fees charged be for the account of
the Government and turned over to the
municipal treasurer
(2) Certification be made in the notarised
documents attesting to the lack of any lawyer of
notary public in such municipality or circuit
II. Jurisdiction and Powers
A. Jurisdiction
1. Province - co-extensive with the province
2. City of Manila - co-extensive with the city
No notary shall possess authority to do any notarial act beyond
the limits of his jurisdiction
An acknowledgment taken outside the territorial limits of the
officers jurisdiction is VOID as if the person taking it were wholly
without official character, the document so acknowledged must be
regarded merely as a private document
B. Powers
1. To administer all oaths and affirmations provided for by
law, in all matters incidental to his notarial office
2. Execute affidavits, depositions and other documents
requiring an oath
a) receive the proof of acknowledgment of all writings
relating to commerce or navigation

Bills of exchange
Bottomries
Mortgages
Hypothecations of ships, vessels, or boats,
charter parties or affreighments,
(5) Letters of attorney
(6) Deeds
(7) Transfers and assignments of land or buildings
or an interest therein
(8) Other writings as are commonly proved or
acknowledged before notaries
b) To act as a magistrate in the writing of affidavits
and depositions
c) To make declarations and certify the truth thereof
under his seal of office, concerning all matters
done by him by virtue of his office
(1) required to exercise his duties with due care
and with due regard to the provisions of the
existing law
(2) inform himself of the facts to with he intends to
certify
(3) take part in no illegal enterprise
(4) Should not facilitate the disintegration of a
marriage and the family by encouraging the
separation of the spouses and extrajudicially
dissolving the conjugal partnership.
(1)
(2)
(3)
(4)

III. Notarial Seal

A. Seal of Office
1. Procured at his own expense
2. Affixed to papers officially signed by him
3. Metal
4. Shall have the name of the province and the words
Philippines and his own name engraved on the
margin with the words Notary Public across the
centre

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5. The impression on the paper shall be valid as if made
on wax or wafer
IV. Notarial Register
A. Shall keep a record of all his official acts as notary
B. Shall supply a certified copy of such record to a person
applying for it and paying legal fees
C. Shall enter in chronological order the
1. Nature of each instrument executed, sworn to, or
acknowledged before him
2. Person executing, swearing to, or acknowledging the
instrument
3. Witnesses, if any, to the instrument
4. Fees collected by him for his services
5. If a contract, a correct copy
D. Shall enter a brief description of the substance
E. Shall give each entry a consecutive number, beginning
with number one in each calendar year
F. Shall give each instrument a number corresponding to the
one in his register, also stating the page or pages of his
register
G. No blank line shall be left between the entries
H. If protesting a draft, bill of exchange, promissory note
1. shall make a full and true record of his notarial register
of all his proceedings
2. note whether the demand for the sum of money was
made, of whom, when and where
3. whether he presented such draft, bill or note
4. whether notices were given, to whom and in what
manner, where it was made and when, and to whom,
and where directed
5. of every other fact touching the same
I. At the end of each week, shall certify in his register the
number of instruments executed, sworn to, acknowledged
and protested before him. If none, the certificate shall
show this fact

J. Forward to the clerk of RTC where he exercises his office

within the first 10 days of the next month
1. A certified copy of each months entries
2. A certified copy of any instrument acknowledged
before him
3. If no entry, provide a statement to this effect
K. If register is filled, within 15 days after expiration of his
commission, unless reappointed, shall forward his notarial
register to the clerk of RTC, who shall examine the same
and report thereon to the judge.
1. If judge finds no irregularity, the same is forwarded to
the division of archives, patents, copyrights and
trademarks.
2. If there is irregularity, he shall refer the matter to the
corresponding fiscal for action, sending to division for
archiving is deferred until the termination of case
V. Grounds for revocation of commission
Sufficiency is in the discretion of the proper judge
A. Failure of the notary to keep a notarial register
B. Failure of the notary to make the proper entry or entries in
his notarial register touching his notarial acts in the
manner required by law
C. Failure to send the copy of the entries to the proper clerk
of court of first instance within the 10 days of the month
next following
D. Failure to affix to acknowledgments the date of expiration
of this commission; as required by law
E. Failure to forward his notarial register, when filled, to the
proper clerk of court
F. Failure to make report, within a reasonable time, to the
proper judge of court of first instance concerning the
performance of his duties, as may be required by such
judge
G. Failure to make the proper notation regarding residence
certificates

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H. Any other dereliction or act which shall appear to the judge
to constitute good cause for removal

VIII. Notarial Fees

Service

VI. Miscellaneous provisions

A. Shall affix to all acknowledgments taken and certified by
them, according to law, a statement of the date on which
their commissions expire
B. Every document certifies that parties have presented their
proper residence certificates or are exempt from such
taxes, including the number, place of issue and date of
such residence certificate
C. No fee, except such as is expressly prescribed and
allowed by law, shall be collected or received for any
service rendered by a notary public
VII. Offenses
A. Certification after expiration of authority
1. Fine not exceeding P1,000 or
2. Imprisonment for a period not exceeding one year or
3. Both
B. Failure to certify payment of residence tax or fail to comply
with the requirements of Sec. 246 and 247 of the admin
code (re notarial register)
1. Summarily dismissed from office and
2. Punished by a fine of P100
C. Failure to affix or cancel documentary stamp to a taxable
document
1. Fine of not less P20 or more than P300

Protests of drafts, bills of

exchange or promissory notes for
non-acceptance or non-payment,
and for notice thereof

Fee (in pesos)

12.00

Registration of such protest and

filing or safekeeping of same

6.00

Authenticating powers of attorney

6.00

Sworn statement concerning

correctness of any account or
other document

4.00

Each oath or affirmation

3.20

Receiving evidence of
indebtedness to be sent outside

6.00

Issuing a certified copy from his

register and attesting to its
correctness

8.00

Issuing certified copy of all or part

of his notarial records or receiving
depositions, for each page

1.20

Acknowledging other documents

not enumerated herein

6.00

Total amount for acknowledgment

of a document shall not exceed

20.00