Legal Profession- Atty.
Gaviola
“Possible” Pointers l
Official seal is stolen, lost, damaged or unserviceable
Within five (5) days after the official seal of a notary public is stolen, tost, damaged or
other otherwise rendered unserviceable in affixing a legible image, the notary public shall:
• Inform the appropriate law enforcement agency
• notify the Executive Judge in writing, providing proper receipt or
acknowledgment, including registered mail, and in the event of a crime
committed, provide a copy or entry number of the appropriate police record.
• if found in order by the Executive Judge,
• notary public shall publish such loss or damage, once a week for three (3)
consecutive weeks, in a newspaper of general circulation in the city or province
where the notary public is commissioned as ordered by the Executive Judge.
• the Executive Judge shall issue to the notary pubiic a new Certificate of
Authorization to Purchase a Notarial Seal. (Sec. 2 [d], Rule VII)
Prohibitions (Sec. 2, Rule IV)
General Rule: A notary public shall not perform a notarial act outside his regular place of
work or business.
Exc. 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 piaces 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. (Sec. 2, Rule IV)
General: A person shall not perform a notarial act if the person involved as his signatory
to the instrument or document.
Exc.
(1) is not in the notary's presence personally at the time of the notarization;
(2) not personally known to the notary public or otherwise identified by the notary
public through competent evidence of identity as defined by these Rules. (Sec. 2,
Rule IV)
Disqualifications (Sec. 3, Rule IV)
-party to the instrument or document that is to be notarized;
- he is a spouse, common-law partner, ancestor, descendant, or relative by
.Matthew 6:34
By affinity or consanguinity of the principal within the fourth civil degree
-he will receive, as a direct or indirect result, any commission, fee,
advantage, right, title, interest, cash, property, or other consideration,
Exc. Applies only to no. 3
except as provided by these rules and by law
Fee that a notary public may charge
A notary public may charge the maximum fee as prescribed by the Supreme Court unless
he waives the fee in whole or in part. (Sec. 1. Rule V) (100 PESOS)
• For protests for drafts, bills of exchange, or promissory notes for non-
acceptance or non-payment, and for notice thereof, ONE HUNDRED (P100)
PESOS;
• For the registration of such protest and fiiing or safekeeping of the same, ONE
HUNDRED (P100) PESOS;
• For authenticating powers of attorney, ONE HUNDRED (P100) PESOS;
• For sworn statement concerning correctness of any account or other document,
ONE HUNDRED (P100) PESOS;
• For each oath of affirmation, ONE HUNDRED (P100) PESOS;
• For receiving . evidence of indebtedness to be sent outside, ONE HUNDRED
(P100) PESOS;
• For issuing a certified copy of all or part of his notarial register or notarial
records, for each page, ONE HUNDRED (P100) PESOS;
• For taking depositions, for each page, ONE HUNDRED (P100) PESOS; and
• (0 For acknowledging other documents not enumerated in this section, ONE
HUNDRED (P100) PESOS.
Notarial Register
a permanently bound book with numbered pages containing the chronological official
notarial register of notarial acts which a notary public shall keep, maintain, protect and
provide for lawful inspection. (Sec.1, [a] par. 1, Rule VI
Acquisition
Where: At the Office of the Solicitor General upon request and upon payment of the cost
thereof. The register shall be duly paged, and on the first page, the Solicitor General shall
certify the number of pages of which the book consists. (Sec. 1, Par. 2, Rule VI)
How many: A notary public shall keep only one active notarial register at nny given time.
(Sec. 1 [b]t Rule VI)
1 Loss, Destruction or Damages of Notarial Register
a. the notary public shall within ten (10) days after informing the appropriate law
 Legal Profession- Atty. Gaviola
“Possible” Pointers l .Matthew 6:34

enforcement agency in the case of theft or vandalism

b. notify the Executive Judge by any means providing a proper receipt or acknowledgment, - The notary public shall give to each instrument or document executed, sworn to, or
including registered mail and provide a copy or number of any pertinent police report. acknowledged before him a number corresponding to the one in his register, and shall also
(Soc. b, par. 1, Rule VI) state on the instrument or document the page/s of his register on which the same is
recorded. No blank line shall be left between entries.
Notarial register shall be signed, or a thumb or other mark affixed by each:
- In case of a protest of any draft, bill of exchange or promissory note, a full and true
(a) principal;
record of all proceedings in relation thereto and shall note therein whether the demand
(b) credible witness swearing or affirming to the identity of a principal; and for the sum of money was made, by whom, when, and where; whether he presented such
(c) witness to a signature by thumb or other mark, or to a signing by the notary public on draft, bill or note; whether notices were given, to whom and in what manner; where the
behalf of a person physically unable to sign. same was made, when and to whom and where directed; and of every other fact touching
the same.
Entries in the Notarial Register
-At the end of each week, the number of instruments or documents executed, sworn to,
(1) the entry number and page number; acknowledged, or protested before him; or if none, this certificate shall show this fact.
(2) the date and time of day of the notarial act; Notarial Seal
(3) the type of notarial act; It shall be of metal, circular in shape, two inches in diameter, and shall have the name of
(4) the title or description of the instrument, document or proceeding; the city or province and the word “Philippines” and his own name on the margin and the
roll of attorney's number on the face thereof. With the words "notary public' across the
(5) the name and address of each principal;
center
(6) the competent evidence of identity as defined by these Rules if the signatory is not
Every person commissioned as notary public shall have only one official seal of office in
personally known to the notary; .
accordance with these Rules. (Sec. 10, Rule III)
(7) the name and address of each credible witness swearing to or affirming the person’s
Authorization to Purchase Notarial Seal (Sec. 9, Rule III)
identity;
Valid for a period of three (3) months from date of issue,
(8) the fee charged for the notarial act;
Exc. Unless extended by the Execeutive Jud. (Sec. 8, par. 1, Rule III)
(9) the address where the notarization was performed if not in the notary’s regular place
of work or business; and
(10) other circumstance the notary public may deem of significance or relevance.
Also,
-the reasons and circumstances for not completing a notarial act
-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.
-When the instrument or document is a contract, the notary public shall keep an original
copy thereof as part of his records and enter in said records a brief description of the
substance thereof and shall give to each entry a consecutive number,' beginning with 2
number one in each calendar- year. He shall also retain a duplicate original copy for the
Clerk of Court.
 Legal Profession- Atty. Gaviola
“Possible” Pointers l
What is Notarial Certificate?
Notarial Certificate refers to the part of, or attachment to, a notarized instrument or
document that is completed by the notary public, bears the notary’s signature and seal,
and states the facts attested to by the notary public in a particular notarization as
provided for by the rule. (Sec. 8, Rule II)
Inclusions:
a) name of the notary public as exactly indicated in the commission;
b) serial number of the commission of the notary public;
c) the words "Notary Public" and the province or city where the notary public is
commissioned, the expiration date of the commission, the office address of the notary
public;
d) * roll of attorney’s number, the professional tax receipt: number and the place and
date of issuance thereof, and the IBP membership number. (Sec. 2, Rule VIII)
Purpose of Notarial Law
(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. (Sec.2, Rule I)
What is a Notarial Register?
"Notarial Register” refers to a permanently bound book with numbered pages containing a
chronological record of notarial acts perforemd by a notary public (Sec. 5, Rule II)
Qualifications:
a. must be a citizen of the Philippines;
b. must be over twenty-one (21) years of age;
c. 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;
d. 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;
e. must not have been convicted in the first instance of any crime involving moral
turpitude. (Sec. 1, Rule III)
Procedures to be followed in applying for a Notarial Commission
a. Form of Petition and Supporting Documents (Sec, 2, Rule III)
-petition for a notarial commission shall be in writing, verified,
The following shall be stated:
b.
.Matthew 6:34
*a statement containing the petitioner’s personal qualifications, including the petitioner’s
date of birth, residence, telephone number, professional tax receipt, roll of attorney's
number and IBP membership number;
*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;
*proof of payment for the filing of the petition as required by these Rules, and
* 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. (Sec. 2, Rule III)
Payment of Application Fee (Sec. 3, Rule III)
Every petitioner for a notarial commission shall pay the application fee of Two Thousand
Pesos (P2,000.00).
Notice of Summary Hearing (Sec. 5, Rule III)
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 a conspicuous
place in the offices of the Executive Judge and of the Clerk of Court. The cost of the
publication shall be borne by- the petitioner. The notice may include more than one
petitioner. ****it is required.
Petition for a notarial commission granted
The Executive Judge shall conduct a summary hearing on the petition and shall grant the
same if:
(a) the petition is sufficient in form, and substance;
(b) the petitioner proves the allegations contained in the petition; and
(c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and
fully understood these Rules.
The Executive Judge shall forthwith issue a commission and a Certificate of Authorization
to Purchase a Notarial Seal in favor of the petitioner. (Sec. 4, Rule III)
Cases:
Talisic vs. Rinen
a notary public's function should not be trivialized and a notary public must discharge his
3 powers and duties which are impressed with public interest, with accuracy and fidelity.
 Legal Profession- Atty. Gaviola
“Possible” Pointers l
notary public should not notarize a document unless the persons who signed the same are
the very same persons who executed and personally appeared before him to attest to the
contents and truth of what are stated therein. The presence of the parties to the deed will
enable the notary public to verify the genuineness of the signature of the affiant.
notaries public must observe with utmost care the basic requirements in the performance
of their duties.
Ang vs Gupana
As a lawyer commissioned as notary public, respondent is mandated to subscribe to the
sacred duties appertaining to his office, such duties being dictated by public policy
impressed with public interest. Faithful observance and utmost respect of the legal
solemnity of the oath in an acknowledgment or jurat is sacrosanct. The Code of
Professional Responsibility also commands him not to engage in unlawful, dishonest,
immoral or deceitful conduct and to uphold at all times the integrity and dignity of the
legal profession.
Respondent likewise violated Rule 9.01, Canon 9, of the Code of Professional
Responsibility which provides that "[a] lawyer shall not delegate to any unqualified person
the performance of any task which by law may only be performed by a member of the Bar
in good standing, In notarizing an affidavit executed by a dead person, respondent is liable
for misconduct.
DIZON v. CABUCANA, JR.
.As a notary public, Atty. Cabucana should not notarize a document unless the person who
signs it is the same person executing it and personally appearing before him to attest to
the truth of its contents. This is to enable him to verify the genuineness of the signature of
the acknowledging party and to ascertain that the document is the party's free and
voluntary act and deed.
JANDOQUILLE v. REVILLA
Atty. Revilla, Jr. violated the disqualification rule under Section 3(c), Rule IV of the 2004
Rules on Notarial Practice. Given the clear provision of the disqualification rule, it behoved
upon Atty. Revilla, Jr.
to act with prudence and should have refused notarizing the document. The court didn’t
agree with Atty. Revilla’s proposition that he should be considered more as a counsel of
the affiants than as notary public, when he notarized the complaint-affidavit. The notarial
certificate at the bottom of the complaint-affidavit shows his signature as a notary public,
with a notarial commission valid until December 31, 2012. He cannot therefore claim that
he signed it as counsel of the three affiants.
On the second charge, Atty. Revilla, Jr. cannot be held liable. If the notary public knows the
4 and even begot a second child by her. Thus, respondent Edmundo L. Macarubbo is found
affiants personally, he need not require them to show their valid identification cards
.Matthew 6:34
. But Atty. Revilla, Jr. is not without fault for failing to indicate such fact in the "jurat" of the
complaint-affidavit. No statement was included therein that he knows the three affiants
personally. Atty. Revilla, Jr.’s violation of the disqualification rule under Section 3(c), Rule
IV of the 2004 Rules on Notarial Practice is not a sufficient ground to disbar him.
Villarin
The Code of Professional Responsibility provides the limitation that lawyers shall perform
their duty to the client within the bounds of law.They should only make such defense only
when they believe it to be honestly debatable under the law.
In this case, respondent's act of issuing demand letters, moved by the understanding of a
void HLURB Decision, is legally sanctioned. If his theory holds water, the notice to vacate
becomes necessary in order to file an action for ejectment.Hence, he did not resort to any
fraud or chicanery prohibited by the Code, just to maintain his client's disputed ownership
over the subdivision lots.
Even so, respondent cannot be considered free of error. The factual findings of the IBP
board of governors reveal that in his demand letter, he brazenly typified one of the
complainants, Florentina Lander, as an illegal occupant. However, this description is the
exact opposite of the truth, since the final and executory HLURB Decision had already
recognized her as a subdivision lot buyer who had a right to complete her payments in
order to occupy her property. Respondent is very much aware of this ruling when he filed
an Omnibus Motion to set aside the HLURB Decision and the appurtenant Writ of
Execution. Given that respondent knew that the aforementioned falsity totally disregarded
the HLURB Decision, he thus advances the interest of his client through means that are not
in keeping with fairness and honesty. What he does is clearly proscribed by Rule 19.01 of
the Code of Professional Responsibility, which requires that a lawyer shall employ only fair
and honest means to attain lawful objectives. Lawyers must not present and offer in
evidence any document that they know is false
Teves vs Macarubbo
While the marriage between complainant and respondent has been annulled by final
judgment, this does not cleanse his conduct of every tinge of impropriety. He and
complainant started living as husband and wife in December 1991 when his first marriage
was still subsisting, as it was only on August 21, 1998 that such first marriage was annulled,
rendering him liable for concubinage. Such conduct is inconsistent with the good moral
character that is required for the continued right to practice law as a member of the
Philippine bar. Even assuming that respondent was coerced by complainant to marry
her, the duress, by his own admission as the following transcript of his testimony
reflects, ceased after their wedding day, respondent having freely cohabited with her
guilty of gross immorality and is hereby disbarred from the practice of law.
 Legal Profession- Atty. Gaviola
“Possible” Pointers l
Hernandez vs. Atty. Padilla
Acceptance of money from a client establishes an attorney-client relationship and
gives rise to the duty of fidelity to the client’s cause. Once a lawyer agrees to handle a
case, it is that lawyer’s duty to serve the client with competence and
diligence. Respondent has failed to fulfill this duty. Regardless of the particular pleading
his client may have believed to be necessary, it was respondent’s duty to know the proper
pleadingo be filed in appeals from RTC decisions. Respondent, as a litigator, was expected
to know the procedure and this is embodied in Canon 5 of the Code.
Respondent’s plea for leniency should not have been granted .The supposed lack of
time given to respondent to acquaint himself with the facts of the case does not excuse his
negligence. Rule 18.02 of the Code provides that a lawyer shall not handle any legal
matter without adequate preparation.
Second, respondent, as counsel, had the duty to inform his clients of the status of
their case. His failure to do so amounted to a violation of Rule 18.04 of the Code.
Lastly, the failure of respondent to file the proper pleading and a comment
on Duigan’s Motion to Dismiss is negligence on his part. Under 18.03 of the Code, a lawyer
is liable for negligence in handling the client’s case. Lawyers should not neglect legal
matters entrusted to them, otherwise their negligence in fulfilling their duty would
render them liable for disciplinary action. Respondent has failed to live up to his duties
as a lawyer. When a lawyer violates his duties to his client, he engages in unethical and
unprofessional conduct for which he should be held accountable.
Aninon vs Sabitsana
The relationship between a lawyer and his/her client should ideally be imbued with the
highest level of trust and confidence. This is the standard of confidentiality that must
prevail to promote a full disclosure of the client’s most confidential information to his/her
lawyer for an unhampered exchange of information between them. Needless to state, a
client can only entrust confidential information to his/her lawyer based on an expectation
from the lawyer of utmost secrecy and discretion; the lawyer, for his part, is duty-bound to
observe candor, fairness and loyalty in all dealings and transactions with the client. 6 Part of
the lawyer’s duty in this regard is to avoid representing conflicting interests, a matter
covered by Rule 15.03, Canon 15 of the Code of Professional Responsibility quoted below:
Rule 15.03. -A lawyer shall not represent conflicting interests except by written consent of
all concerned given after a full disclosure of the facts.
"The proscription against representation of conflicting interests applies to a situation
where the opposing parties are present clients in the same action or in an unrelated
action. The prohibition also applies even if the "lawyer would not be called upon to
contend for one client that which the lawyer has to oppose for the other client, or that
there would be no occasion to use the confidential information acquired from one to the
disadvantage of the other as the two actions are wholly unrelated. To be held accountable
under this rule, it is "enough that the opposing parties in one case, one of whom would
lose the suit, are present clients and the nature or conditions of the lawyer’s respective
.Matthew 6:34
IBP membership plan
-filing an application therefor directly with the national office or through the appropriate
chapter under the following terms:
(1) That the member shall be in good standing as provided for under Section 20, Article II
of the By-Laws at the time he files his application for life membership;
(2) That he pays to the national office his life membership fee; and
(3)That he abides by the rules and regulations promulgated by the Integra ted Bar of the
Philippines implementing the life membership plan. Upon payment of the life membership
fee, the member shall be enrolled in the Roll of Life Members to be prepared by and kept
in the Office of the Treasurer of the Integrated Bar of the Philippines. He shall be issued a
certificate of life membership to be signed by the National President and attested by the
National Secretary.
IRR
Section 1. Any lawyer, at the time he files his application for life membership, should have
met the following qualifications:
a.) be a member in good standing;
b.) had at least ten (10) years of continuous membership in the IBP;
c.) should have attended at least five (5) conventions of the IBP, either national or regional,
or a combination thereof;
d.) must have rendered at least one hundred twenty (120) hours of free legal aid service
with the IBP.
The term "continuous membership" shall mean continuous payment of the annual
membership dues to the IBP and shall not include the years when a member incurs arrears.
For a member who was disbarred or whose membership was terminated, "continuous
membership" shall start on the date of his reinstatement.
Section. 2. The application for life membership shall be approved by the National President
upon favorable recommendation by the National Secretary, National Treasurer and the
5 Director of the National Center for Legal Aid (NCLA) and a clearance of "no pending case"
from the Commission on Bar Discipline (CBD).
 Legal Profession- Atty. Gaviola
“Possible” Pointers l .Matthew 6:34

Section. 3. The Certificate of Life Membership shall be issued only during the National or
Regional Convention of the IBP.

Section. 4. A lifetime member of the IBP shall be entitled to all rights and privileges
without further payment of the annual membership dues, provided he complies with the
conditions of life membership as may be promulgated by the IBP Board of Governors.

Section. 5. A lifetime member of the IBP shall continue to be liable to pay any special
assessment that may be imposed by the National Office or his Chapter.

Any resolution, policy, rule or other issuance earlier approved, adopted or promulgated by
the Integrated Bar of the Philippines that is inconsistent herewith is deemed amended or
modified accordingly.