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Legal Ethics:
NOTARIAL LAW
& VIOLATIONS
ILAGAN, Jeffrey
ITARALDE, Mark Dean
MONTENEGRO, Margaux
LEARNING OBJECTIVE
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
LEGAL BASIS
2004 Rules on Notarial Practice (AM No. 02-8-
13-SC) took effect on 1 August 2004.
These rules were enacted:
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
(RULE I, Sec. 2
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
INTRODUCTION
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
INTRODUCTION
Caalim-Verzonilla v. Atty. Pascua (2011)*
The principal function of a notary public is to authenticate
documents. When a notary public certifies to the due
execution and delivery of a document under his hand and
seal, he gives the document the force of evidence.
Indeed, one of the purposes of requiring documents to be
acknowledged before a notary public, in addition to the
solemnity which should surround the execution and delivery
of documents, is to authorize such documents to be
given without further proof of their execution and
delivery. A NOTARIAL DOCUMENT IS BY LAW
ENTITLED TO FULL FAITH AND CREDIT UPON ITS
PROBLEM FACE.
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
*AC No. 6655; 11 Oct 2011
EVIDENTIARY WEIGHT
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
QUALIFICATIONS OF
NOTARY PUBLIC
Must be a citizen of the Philippines;
Must be over 21 years of age;
Must be a resident in the Philippines 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;
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
PROBLEM
AREAS IN Must not have been convicted in the first instance of
LEGAL
ETHICS: any crime involving moral turpitude. (Sec. 1, Rule
NOTARIAL III)
LAW &
VIOLATIONS
CAN NON- LAWYERS SERVE
AS NOTARIES PUBLIC?
The Supreme Court in its En Banc Resolution dated April 24, 2012 in
Bar Matter No. 2493 ( In Re: Letter of Judge Ramon B. Barona, RTC, Br. 13,
Basco, Batanes, Inquiring about the Re-appointment of two non-lawyers as
Notary Public), gave authority to grant notarial commissions to
NON-MEMBER of Philippine Bar, provide the following
requirements are complied:
1. Only Rule III, Sec. 1(4) of the 2004 Rules on
Notarial Practice shall be waived;
2. Applicant must at least be a holder of a Bachelor of
Laws degree and must present a certification of
completion from the school where he graduated;
and
PROBLEM 3. Applicant must submit a certificate of good moral
AREAS IN character issued by at least two local executive
LEGAL officials to show that the applicant possesses the
ETHICS:
NOTARIAL requisite qualifications of fitness and morality
LAW & .
VIOLATIONS
CAN SHARIA LAWYERS SERVE AS
NOTARIES AND BE APPOINTED
BY SHARIA COURT JUDGES AS
SUCH?
(BAR Matter No. 702, May 12, 1994) In the Matter of Petitition
to authorize Sharia District Court Judges to Appoint Sharia
Lawyers as Notaries Public:
Sharia Court judges cannot appoint Sharia Lawyers
as notaries public and Sharia Lawyers are not automatically
qualified as notary public.
Sharia District court is not a regular court exercising
general jurisdiction thus is not clothed with authority similar to RTC
judges to appoint notaries public.
PROBLEM Sharia Lawyer does not automatically become a regular
AREAS IN member of the Philippine Bar, he lacks the necessary qualification
LEGAL to be appointed a notary public. Unless, he is also a member of
ETHICS:
NOTARIAL
Philippine Bar, Sharia lawyer does not qualify as notary public.
LAW &
VIOLATIONS
CAN GOVERNMENT LAWYERS
SERVE AS NOTARY PUBLIC?
Abella v. Cruzabra (2009)* Notarial Act is within the ambit
of the practice of law. Before a lawyer serving in the
government may petition for appointment as notary public,
and before being commissioned as such, he must secure a
written permission from the head of the government
department he is serving, and apply for leave of absence.
(Government lawyer is a Register of Deeds)
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS *A.M. No. MTJ-99-1204; 28 Jul 2008
NOTARIES EX-OFFICIO
CONSULAR OFFICIALS
Press Statement on the Notarial Functions of Philippine
Embassies and Consulates General (DFA, 2005) it is the
duty of said offices under Philippine law to provide consular
services such as the notarization or authentication of
statements, affidavits, and depositions to any person who
require such services, pursuant to the DFA Regulations
implementing Republic Act 7157 (Revised Foreign Service
Act of 1991) and the Vienna Convention on Consular
Relations (1963), of which the Philippines is a State Party.
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
SELECTED JURISPRUDENCE:
VICTOR NUNGA V. ATTY. VIRAY*
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
A.C. No. 4758. April 30, 1999
SELECTED JURISPRUDENCE:
VICTOR NUNGA V. ATTY. VIRAY*
ISSUE: WON Atty. Viray may perform notarial acts in 1987 &
1991
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
NOTARIAL ACTS
RULE IV, SECTION 1(a) - 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.
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
Acknowledgment v. Jurat
Acknowledgment Jurat
Definition
Act of one who has executed a deed, in Part of an affidavit where the officer
ging before some competent officer or certifies that the same was sworn before
court and declaring it to be his act or him
deed.
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS *A.C No. 7036. 29 Jun 2009
POWERS, DUTIES, &
DISQUALIFICATIONS
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
DISCIPLINE OR PROSECUTION
OF NOTARIES PUBLIC AND
OTHER PERSONS
In Tenoso v. Enchavez (2013)* - Supreme Court
suspended a lawyer from the practice of law for two
years, disqualified him from appointment as notary
public for 2 years, after it was established that he was
engaging in notarial practice WITHOUT A NOTARIAL
COMMISSION.
Respondent committed acts of deceit and falsehood in open
violation of the explicit pronouncements of the Code of
Professional Responsibility. His conduct falls miserably short
PROBLEM
AREAS IN
of the high standards of morality, honesty, integrity and fair
LEGAL dealing required from lawyers.
ETHICS:
NOTARIAL
LAW &
VIOLATIONS *A.C. No. 8384. 11 Apr 2013
DISCIPLINE OR PROSECUTION
OF NOTARIES PUBLIC AND
OTHER PERSONS
In Saquing v. Mora (2006), the Supreme Court held
that a lawyer who performs notarial act without
authority or commission, violates Rule 1.01, Canon 1 of
the Code of Professional Responsibility.
Performing a notarial without such commission is a
violation of the lawyers oath to obey the laws, more
specifically, the Notarial Law. And for making it appear that
he is duly authorized when he is not, he is indulging in
deliberate falsehood, which the lawyers oath similarly
PROBLEM proscribes.
AREAS IN
LEGAL
Rule 1.01: A lawyer shall not engage in unlawful,
ETHICS: dishonest, immoral or deceitful conduct.
NOTARIAL
LAW &
VIOLATIONS *A.C. No. 6678. 9 Oct 2006
RECENT JURISPRUDENCE
ON VIOLATIONS OF
NOTARIAL DUTIES
Ramos v. Baldo (2012)* - Having prepared and signed the
instant petition, Atty. Agustin C. Tarroza is disqualified from
notarizing the Verification portion of the said Petition, Neither
did Atty. Tarroza, as notary public, specify the he personally
knew petitioner Ramos, or that any competent proof of her
identity was presented to him.
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS *G.R. No. 199196 : March 20, 2012
RECENT JURISPRUDENCE
ON VIOLATIONS OF
NOTARIAL DUTIES
Nevada v. Casuga (2012)*, the Supreme Court found that
the respondent notary public violated Rule IV, Section 1(c) of
the Rules. None of the requirements contained in Rule IV,
Sec. 1(c), as would justify a notary signing in behalf of a
contracting party, was complied with in this case. Moreover,
Casugas act of affixing his signature above the printed name
Edwin T. Nevada without any qualification, veritably made
him a party to the contract of lease in question. Thus, his act
of notarizing a deed to which he is a party is a plain violation
PROBLEM of the aforequoted Rule IV, Sec. 3(a) of the Notarial Rules, for
AREAS IN which he can be disciplinarily sanctioned provided under Rule
LEGAL
ETHICS: XI, Sec. 1(b)(10) of the Notarial Rules
NOTARIAL
LAW &
VIOLATIONS *AC No. 7591 : 20 Mar 2012
RECENT JURISPRUDENCE
ON VIOLATIONS OF
NOTARIAL DUTIES
Heirs of Villanueva v. Beradio (2007)* Notaries public
must inform themselves of the facts to which they intend to
certify and to take no part in illegal transactions. They must
guard against any illegal or immoral arrangements, and those
containing what they know to be false statements.
Where admittedly the notary public has personal knowledge
of a false statement or information contained in the instrument
to be notarized, yet proceeds to affix his or her notarial seal
on it, the Court must not hesitate to discipline the notary
PROBLEM public accordingly as the circumstances of the case may
AREAS IN
LEGAL
dictate. Otherwise, the integrity and sanctity of the
ETHICS: notarization process may be undermined and public
NOTARIAL confidence on notarial documents diminished.
LAW &
VIOLATIONS *AC No. 6270 : 22 Jan. 2007
RECENT JURISPRUDENCE
ON VIOLATIONS OF
NOTARIAL DUTIES
Notary not barred from Acting as Witness in Document
he notarized; except for Wills
Solarte v. Pugeda (2000)* while it has been previously
allowed in previous pronouncements of the court that Notary
public may also sign the instrument as a witness, the Court
clarified that the exception is when the document to be
notarized is a will.
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS *A.C. No. 4751. 31 Jul 2000
SELECTED JURISPRUDENCE:
Wilfredo Talisic v. Atty. Rinen
Facts:he Per Atty. Rinens admission, the extrajudicial
partition deed was prepared in his office and acknowledged
before him. Although there was no evidence of forgery on
his part, he was negligent in not requiring from the parties
to the deed their presentation of documents as proof of
identity. Atty. Rinens failure to properly satisfy his duties as
a notary public was also shown by the inconsistencies in
the dates that appear on the deed, to wit: "1994 as to the
execution; 1995 when notarized; [and] entered as Series of
1992 in the notarial book.
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
SELECTED JURISPRUDENCE:
Wilfredo Talisic v. Atty. Rinen
Issue: WoN Atty. Rinen violated the Notarial Law.
Held: Yes. The fact that Atty. Rinen was a trial court judge
during the time that he administered the oath for the
subject deed did not relieve him of compliance with the
same standards and obligations imposed upon other
commissioned notaries public. He also could not have
simply relied on his clerk of court to perform the
responsibilities attached to his function, especially as it
pertained to ensuring that the parties to the document were
PROBLEM
then present, performing an act that was of their own free
AREAS IN will and deed.
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
SELECTED JURISPRUDENCE:
Wilfredo Talisic v. Atty. Rinen
The fact that Atty. Rinen was a trial court judge during
the time that he administered the oath for the subject
deed did not relieve him of compliance with the same
standard and obligations imposed upon other
commissioned notaries public.
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
References:
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
END OF PRESENTATION.
THANK YOU!
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS