Notary Public

* NOTARIAL PRACTICE
A. Qualifications of Notary Public
B. Term of Office of Notary Public
C. Powers and Limitations
D. Notarial Register
E. Jurisdiction of Notary Public and Place of
Notarization
F. Revocation of Commission
G. Competent Evidence of Identity
H. Sanctions # NOTARIAL PRACTICE
by
Alonzo
Acompaado
Notary Public

*What is a Notary Public?

A:
1. A Notary is any person commissioned to perform official acts such as:
a. Acknowledgements;
b. Oaths and affirmations;
c. Jurats;
d. Signature witnessing;
e. Copy certifications; and
f. Any other acts authorizes in the rules

# NOTARY PUBLIC
Notary Public

*Q: What is the Purpose of Notary?

A:
* To verify the personal appearance of affiant and
the genuineness of the signature;
* To authenticate document and verify due
execution, making document admissible in
evidence without proof of authenticity

# Purpose of Notary
A. Notary Public
(Qualifications)
*Q: A. What are the qualifications of a
Notary Public?
A:
1. Citizen of the Philippines ;
2. Over 21 years of age;
3. Philippines resident 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;
4. Member of the Philippine Bar in good standing, with clearances from the Bar
Confidant of the SC and the IBP;
5. No conviction in the first instance for any crime involving moralturpitude.

# NOTARIAL PRACTICE
B. Notary Public
(Term of Office of A Notary Public)

*Q: B. What is the term of Office of

Notary Public?

A:
A notarial commission is granted by an executive judge after petition of the
lawyers, and is good for two years. Every petition undergoes a hearing and
approved after:

1. Petition is proven sufficient in form and substance;

2. Petitioner proves allegations in petition
3. Petitioner establishes to the satisfaction of the court that he has read and
understood the Rules on Notarial Practice.

# Term of Notary
C. Notary Public
(Powers and Limitations)

*Q: C. What are the Powers and

Limitations of a Notary Public?
A General Rule A Notary Public can notarize
any document, upon request of affiant.
Notarization of document must be at the
notary public's regular place and work.

# General Rule Notary

C. Notary Public
(Powers and Limitations)

* Exception to the General Rule:

A. Irregularity in Place- If it is outside of his territorial Jurisdiction
Exceptions:
1. In public offices, convention halls and other places where oaths of
office are administered.
2. Public function areas in hotels and similar areas used for the
signing of instruments or documents requiring notarization.
3. Hospitals and other medical institutions where a part to an
instrument is confined for treatment.
4. Any place where a party to the instrument requiring notarization is
under detention.

# Exception to General Rule

C. Notary Public
(Powers and Limitations)

* Exception to the General Rule:

B. Irregularity in Person- If it is outside of his territorial Jurisdiction
Disqualifications:
1. If notary is personally a party to the instrument.
2. If he will receive as an indirect and direct result any commission,
fee, advantage, right, title, interest, cash, property, or other
consideration in excess of what is provided in the rules.
3. If Notary is a spouse, common-law partner, ancestor, descendant,
or relative by affinity or consanguinity of the principal up to the fourth
degree.

# Disqualifications
C. Notary Public
(Powers and Limitations)

* MANDATORY REFUSAL TO NOTARIZE:

1. If the transaction is unlawful or immoral.
2. If the signatory shows signs that he does not understand consequences of
the act, per the notarys judgment
3. If the signatory appears not to act of his own free will, per the notarys
judgment.
Albanov. Mun. Judge Gapusan, A.M. No. 1022 MJ, 162 Phil. 884 (1976), the
court ruled that a notary public should not facilitate the disintegration of
marriage and the family by encouraging the separation of the spouses and
sxtrajudicially dissolving the conjugal partnership through the notarization
of a Kasunduan ng Paghihiwalay. [Espinoza v. Omaa, A.C. No. 9081, (oct
12, 2011)]

# Mandatory Refusal to Notarize

C. Notary Public
(Powers and Limitations)

* Authority of the Notary:

Section 1. Powers - A Notary public is:
a) Empowered to perform the following material Acts:
1. Acknowledgements;
2. Oaths and affirmations;
3. Jurats;
4. Signature witnessing;
5. Copy Certification;
6. Any other act authorized by the rules.

# Authority of the Notary

C. Notary Public
(Powers and Limitations)
* Authority of the Notary:
b) Authorized to certify the affixing of a signature by thumb or 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
two (2) dis interested and un affected witnesses to the instrument or document;
2. Both witness sign their own names in addition of the thumb or other mark;
3. The Notary public writes below the thumb or other mark: Thumb or other
mark affixed by (Name and Addresses of Witnesses) and undersigned notary public;
4. The Notary public notarizes the signature by thumb or other mark through an
acknowledgment, jurat, or signature witnessing.

# Authority of the Notary

C. Notary Public
(Powers and Limitations)
* Authority of the Notary:
c) 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);
5.The Notary public notarizes his signature by acknowledgement or jurat.

# Authority of the Notary

D. Notarial Register

*Q: D. What is a Notarial Register?

A
- A Notarial Register is a chronological official
notarial acts constituting of a permanently
bound book with numbered pages. There must
be only be one active register at any given
time.

# Notarial Regsiter
D. Notarial Register

* Entries in Notarial Register:

a) The following:
1. Entry Number
2. Date and time of day of the notarial act
3. Type of notarial act
4. The title or description of the instrument, document or proceeding
5. The name address of each principal
6. The competent evidence of identity as defined by the rules if the signatory is not personally
known to the notary
7. The name and address of each credible witness swearing to or affirming the persons identity
8. The fee charged for the notarial act
9. The address where the notarization was performed if not in the notarys regular place of
work or business
10.Any other circumstances the notary public may deem of significance or relevance.

# Entries in Notarial Register

D. Notarial Register

* Entries in Notarial Register:

b) Reasons and circumstances for not completing a notarial act
c) Circumstances of any request to inspect or copy an entry in
the notarial register, including
1. Requester name
2. Address
3. Signature
4. Thumb or other recognized identifier
5. Evidence of identity
The reason for refusal to allow inspection or copying of a journal
entry shall also be recorded.
# Entries in Notarial Register
D. Notarial Register

* Entries in Notarial Register:

d) When the instrument or document is a contract, the notary
public shall keep an original copy thereof a brief description of the
substance thereof and shall give to each entry a consecutive
number, beginning with number one in each calendar year. He
shall also retain a duplicate original copy for the Clerk of Court.
e) The Notary public shall give to each instrument or document
executed, sworn to, or acknowledge before him number
corresponding to the one in his register and shall also state on the
instrument or document the page of his register on which the
same is recorded. No blank line shall be left between entries.

# Entries in Notarial Register

D. Notarial Register

* Entries in Notarial Register:

f) In case of a protest of any draft, bill of exchange or promissory
note, the notary public shall.
1. Make a full and true record of all proceedings in relation thereto
2.Shall note therein whether the demand for the sum of money was
made.
a) By whom, when, and where
b) Whether he presented such draft, bill or note
c) Whether notices were given, to whom and in what manner;
d) Where the same was made, when and to whom and where directed;
e) And of every other fact touching the same.
# Entries in Notarial Register
D. Notarial Register

* Entries in Notarial Register:

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, acknowledgement, or protested before
him; or it none, this certificate shall show the fact.
h) A certified through copy of each months entries and the
duplicate original copy of any instrument acknowledged before
the notary public shall with in the first ten (10) days of the
month following, be forwarded to the Clerk of Court and shall
be under the responsibility of such officer. If there is no entry
to certify for the month the notary shall forwarded a statement
to this in lieu of certified copies herein required.
# Entries in Notarial Register
D. Notarial Register

Official Signature-Signed by hand, not by facsimile stamp

or printing device, and at the same time of the
notarization.
Official Seal- Two-Inch diameter seal with the words
Philippines attorneys name at the margin and the
roll of attorneys number.
The act of a lawyer notarizing a SPA knowing that the
person who executed is dead is a aserious breach of the
sacred obligation by Rule CPR rule 1.01 of Canon 1.

# Entries in Notarial Register

*Notary
Sample