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Notarial Register
At the end of each week the notary shall certify in his register
the number of instruments executed, sworn to, acknowledged,
or protested before him; or if none such, certificate shall show
this fact.
SECTION 40. Oaths of Office for Public Officers and Employees.—All public
officers and employees of the government including every member of the
armed forces shall, before entering upon the discharge of his duties, take
an oath or affirmation to uphold and defend the Constitution; that he will
bear true faith and allegiance to it; obey the laws, legal orders and decrees
promulgated by the duly constituted authorities; will well and faithfully
discharge to the best of his ability the duties of the office or position upon
which he is about to enter; and that he voluntarily assumes the obligation
imposed by his oath of office, without mental reservation or purpose of
evasion. Copies of the oath shall be deposited with the Civil Service
Commission and the National Archives.
(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 community tax certificate.
(c) The community tax certificate required in the two preceding paragraphs
shall be the one issued for the current year, except for the period from
January until the fifteenth (15th) of April each year, in which case, the
certificate issued for the preceding year shall suffice.
EFFECT OF FAILURE TO STAMP TAXABLE DOCUMENT – S201, TITLE VII OF THE NIRC
SEC. 201. Effect of Failure to Stamp Taxable Document. - An instrument,
document or paper which is required by law to be stamped and which has
been signed, issued, accepted or transferred without being duly stamped,
shall not be recorded, nor shall it or any copy thereof or any record of
transfer of the same be admitted or used in evidence in any court until the
requisite stamp or stamps are affixed thereto and cancelled.
(b) xxxx.
Acting on a query regarding the power of municipal trial court judges and
municipal circuit trial court judges to act in the capacity of notaries
public ex officio in the light of the 1989 Code of Judicial Conduct, the Court
Resolved to issue a clarification on the matter.
Municipal trial court (MTC) and municipal circuit trial court (MCTC) judges
are empowered to perform the function of notaries public ex officio under
Section 76 of Republic Act No. 296, as amended (otherwise known as the
Judiciary Act of 1948) and Section 242 of the Revised Administrative Code.
But the Court hereby lays down the following qualifications on the scope
of this power:
MTC and MCTC judges may act as notaries public ex officio in the
notarization of documents connected only with the exercise of their official
functions and duties [Borne v. Mayo, Adm. Matter No. 1765-CFI, October
17, 1980. 100 SCRA 314; Penera v. Dalocanog, Adm. Matter No. 2113-MJ,
April 22, 1981, 104 SCRA 193.] They may not, as notaries public ex officio,
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. The 1989 Code of Judicial
Conduct not only enjoins judges to regulate their extra-judicial activities in
order to minimize the risk of conflict with their judicial duties, but also
prohibits them from engaging in the private practice of law (Canon 5 and
Rule 5.07).
However, the Court, taking judicial notice of the fact that there are still
municipalities which have neither lawyers nor notaries public, rules that
MTC and MCTC judges assigned to municipalities or circuits with no
lawyers or notaries public may, in the capacity as notaries public ex officio,
perform any act within the competency of a regular notary public, provided
that: (1) all notarial fees charged be for the account of the Government and
turned over to the municipal treasurer (Lapena, Jr. vs. Marcos, Adm. Matter
No. 1969-MJ, June 29, 1982, 114 SCRA 572); and, (2) certification be made
in the notarized documents attesting to the lack of any lawyer or notary
public in such municipality or circuit.
RULE VI
NOTARIAL REGISTER
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 acts consisting of a permanently bound book with
numbered pages.
(b) A notary public shall keep only one active notarial register at any
given time. cralaw
(a) For every notarial act, the notary shall record in the notarial
register at the time of notarization the following:
chan robles virtual law library
(1) the entry number and page number; chan robles virtual law library
(2) the date and time of day of the notarial act;
(3) the type of notarial act; chan robles virtual law library
(4) the title or description of the instrument, document or proceeding;
(5) the name and address of each principal; chan robles virtual law library
(6) the competent evidence of identity as defined by these Rules if the
signatory is not
personally known to the notary; chan robles virtual law library
(7) the name and address of each credible witness swearing to or
affirming the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if not in the
notary's regular place of work or business; and
(10) any other circumstance the notary public may deem of
significance or relevance.
(b) A notary public shall record in the notarial register the reasons and
circumstances for not completing a notarial act.
(c) A notary public shall record in the notarial register the
circumstances of any request to inspect or copy an entry in the
notarial register, including the requester's name, address, signature,
thumbmark or other recognized identifier, and evidence of identity.
The reasons for refusal to allow inspection or copying of a journal
entry shall also be recorded. cralaw
(g) At the end of each week, the notary public shall certify in his
notarial register the number of instruments or documents executed,
sworn to, acknowledged, or protested before him; or if none, this
certificate shall show this fact. cralaw
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(a)Principal;
(b) credible witness swearing or affirming to the identity of a principal;
and
(c) witness to a signature by thumb or other mark, or to a signing by
the notary public on behalf of a person physically unable to sign.
(4) the person is shown only the entry or entries specified by him.
JURAT
ACKNOWLEDGMENT
AFFIRMATION OR OATH
(c) avows under penalty of law to the whole truth of the contents
of the instrument or document.
COMMISSION
NOTARIAL CERTIFICATE
(b) xxxx.
SIGNITURE WITNESSING
ADMISSIBILITY OF DOCUMENTS