A. Implementation and Purposes
Nature and Purposes of the Rules
The rules governing notarial practice are not mere procedural formalities; they are designed to ensure the integrity of public documents. The 2004 Rules on Notarial Practice shall be applied and construed to advance three main purposes:
(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, 2004 Rules on Notarial Practice).
B. Definitions of Key Notarial Acts
A notary public is empowered to perform specific acts under the rules. To understand the scope of a notary’s power, one must distinguish the different notarial acts.
Acknowledgment vs. Jurat
1. An Acknowledgment refers to an act in which an individual on a single occasion appears in person before the notary public and presents an integrally complete instrument or document (Sec. 1[a], Rule II). To complete an acknowledgment, the following elements must concur:
(a) The principal appears in person before the notary;
(b) The principal is personally known to the notary or identified through competent evidence of identity; and
(c) The principal represents that the signature was voluntarily affixed for the purposes stated, declaring it as his free and voluntary act and deed (Sec. 1, Rule II).
2. A Jurat, on the other hand, is an act in which an individual appears in person, is personally known or identified by competent evidence of identity, signs the document in the presence of the notary, and takes an oath or affirmation before the notary public as to such instrument (Sec. 6, Rule II).
Distinction: While an acknowledgment is a declaration that the execution of a document is one’s voluntary act, a jurat involves taking an oath or swearing to the truth of the contents of the document.
Other Notarial Acts
3. Affirmation or Oath: An act where an individual appears in person, is properly identified, and avows under penalty of law to the whole truth of the contents of the instrument or document (Sec. 2, Rule II).
4. Signature Witnessing: An act where an individual appears in person, is properly identified, and simply signs the instrument or document in the physical presence of the notary public (Sec. 14, Rule II).
5. Copy Certification: This occurs when a notary public is presented with a document that is not a vital record or a public record. The notary copies or supervises the copying of the document, compares the original with the copy, and determines that the copy is accurate and complete (Sec. 4, Rule II).
Competent Evidence of Identity
The cornerstone of any valid notarial act is the identification of the principal. “Competent evidence of identity” refers to the identification of an individual based on either:
(a) At least one current identification document issued by an official agency bearing the photograph and signature of the individual; OR
(b) The oath or affirmation of one credible witness not privy to the transaction who is personally known to the notary and who personally knows the individual, or of two credible witnesses who each personally knows the individual and shows documentary identification (Sec. 12, Rule II).
C. Qualifications and Commissioning
Qualifications of a Notary Public
Not just any lawyer can be a notary public. A notarial commission may be issued by an Executive Judge only to a petitioner who possesses all of the following qualifications:
(a) A citizen of the Philippines;
(b) Over twenty-one (21) years of age;
(c) 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) A member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant and the IBP; and
(e) Must not have been convicted in the first instance of any crime involving moral turpitude (Sec. 1, Rule III).
Jurisdiction and Term
The authority of a notary public is strictly territorial and temporal. A person commissioned may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years. This term commences on the first day of January of the year in which the commissioning is made, unless earlier revoked (Sec. 11, Rule III).
D. Powers, Prohibitions, and Disqualifications
Powers and Special Authorizations
Under Sec. 1 of Rule IV, a notary is generally empowered to perform acknowledgments, oaths/affirmations, jurats, signature witnessings, and copy certifications.
- Signature by Mark: A notary is authorized to certify the affixing of a signature by thumb or other mark, provided it is affixed in the presence of the notary and two disinterested witnesses, who must also sign their own names. The notary must write specific attestation language below the mark (Sec. 1[b], Rule IV).
- Signing on Behalf of a Principal: If a person is physically unable to sign or make a mark, the notary may sign on their behalf if directed by the person, in the presence of two disinterested witnesses (Sec. 1[c], Rule IV).
Prohibitions (Territorial and Presence Requirements)
A notary public shall not perform a notarial act outside his regular place of work or business (Sec. 2[a], Rule IV).
Exceptions: On exceptional occasions, acts may be performed at:
- public offices for oaths of office;
- public function areas in hotels;
- hospitals where a party is confined; or
- etention facilities,
provided these sites are within his territorial jurisdiction (Sec. 2[a], Rule IV).
The rule on personal appearance is absolute. A notary shall not perform a notarial act if the signatory is not in the notary’s presence personally at the time of the notarization (Sec. 2[b], Rule IV).
Disqualifications (Conflict of Interest)
Just as a judge must inhibit from cases where they have an interest, a notary public is disqualified from performing a notarial act if he:
(a) Is a party to the instrument or document;
(b) Will receive, as a direct or indirect result, any commission, fee, advantage, or property (except standard notarial fees); or
(c) Is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree (Sec. 3, Rule IV).
Refusal to Notarize
A notary public is an officer of the law and must guard against fraud. He shall refuse to notarize, even if the fee is tendered, if:
(a) He knows or has good reason to believe the transaction is unlawful or immoral;
(b) The signatory shows a demeanor engendering reasonable doubt as to their knowledge of the consequences of the transaction; or
(c) The signatory is not acting of his or her own free will (Sec. 4, Rule IV).
Furthermore, a notary shall not notarize a blank or incomplete instrument or document (Sec. 6, Rule IV).
E. The Notarial Register and Official Seal
The Notarial Register
1. A notary public must keep a chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages (Sec. 1[a], Rule VI). A notary shall keep only one active notarial register at any given time (Sec. 1[b], Rule VI).
2. For every notarial act, the notary must record specifics at the time of notarization, including the date, time, type of act, title of document, name/address of the principal and witnesses, the competent evidence of identity used, and the fee charged (Sec. 2[a], Rule VI).
3. For contracts, the notary must keep an original copy as part of his records and retain a duplicate original copy for the Clerk of Court (Sec. 2[d], Rule VI).
Official Signature and Seal
In notarizing, the notary must sign by hand only the name indicated on his commission; he cannot use a facsimile stamp or printing device (Sec. 1, Rule VII).
Every notary must have only one official seal, which is metal, circular (two inches in diameter), containing:
- the name of the city/province,
- the word “Philippines”,
- the notary’s name,
- roll of attorney’s number, and
- the words “Notary Public” (Sec. 2[a], Rule VII).
The seal shall be clearly impressed on every page of the notarized document (Sec. 2[b], Rule VII).
In the event the seal is lost, stolen, or damaged, the notary must notify the Executive Judge within five (5) days (Sec. 2[d], Rule VII).
F. Disciplinary Sanctions and Revocation
The Executive Judge has the power to revoke a notarial commission or impose administrative sanctions for a variety of derelictions of duty. Notable grounds include:
- Failing to keep a notarial register or making proper entries (Sec. 1[b], Rule XI);
- Failing to require the presence of a principal at the time of the notarial act (Sec. 1[b], Rule XI);
- Failing to identify a principal on the basis of personal knowledge or competent evidence (Sec. 1[b], Rule XI);
- Executing a false or incomplete certificate (Sec. 1[b], Rule XI).
Proceedings against an errant notary can be initiated via a verified complaint by an aggrieved party or motu proprio by the Executive Judge. Upon due establishment of the charges following a summary hearing, appropriate sanctions are imposed, which may be appealed to the Supreme Court (Sec. 1[c-d], Rule XI).
