LEGAL FORMS SEC. 2. Affirmation or Oath.

- The term “Affirmation” or “Oath” refers to an act in which an individual on a

single occasion: chan robles virtual law library
ASSIGNMENT 1
(a) appears in person before the notary public; chan robles virtual law library
(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity as defined by these Rules; and chan robles virtual law library
1. A.M. No. 02-8-13-SC
(c) avows under penalty of law to the whole truth of the contents of the instrument or document.
2004 Rules on Notarial Practice
SEC. 3. Commission. - “Commission” refers to the grant of authority to perform notarial acts and to the
written evidence of the authority.
RESOLUTION
SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act in which a notary
Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial Practice of 2004 public:chanroblesvirtuallawlibrary
submitted by the Sub-Committee for the Study, Drafting and Formulation of the Rules Governing the
Appointment of Notaries Public and the Performance and Exercise of Their Official Functions, of the (a) is presented with an instrument or document that is neither a vital record, a public record, nor publicly
Committees on Revision of the Rules of Court and on Legal Education and Bar Matters, the Court Resolved recordable;
to APPROVE the proposed Rules on Notarial Practice of 2004, with modifications, (b) copies or supervises the copying of the instrument or document;
thus:chanroblesvirtuallawlibrary (c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.
2004 RULES ON NOTARIAL PRACTICE
SEC. 5. Notarial Register. - “Notarial Register” refers to a permanently bound book with numbered pages
RULE I containing a chronological record of notarial acts performed by a notary public. chan robles virtual law
IMPLEMENTATION library
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial Practice. SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a single
occasion:chanroblesvirtuallawlibrary
SEC. 2. Purposes. - These Rules shall be applied and construed to advance the following
purposes:chanroblesvirtuallawlibrary (a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through competent
(a) to promote, serve, and protect public interest; chan robles virtual law library
evidence of identity as defined by these Rules; chan robles virtual law library
(b) to simplify, clarify, and modernize the rules governing notaries public; and
(c) signs the instrument or document in the presence of the notary; and
(c) to foster ethical conduct among notaries public. chan robles virtual law library
(d) takes an oath or affirmation before the notary public as to such instrument or document.
SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in the singular include
SEC. 7. Notarial Act and Notarization. - “Notarial Act” and “Notarization” refer to any act that a notary
the plural, and words in the plural include the singular.
public is empowered to perform under these Rules.
RULE II
SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the part of, or attachment to, a notarized
DEFINITIONS
instrument or document that is completed by the notary public, bears the notary's signature and seal, and
SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in which an individual on a single states the facts attested to by the notary public in a particular notarization as provided for by these
occasion:chanroblesvirtuallawlibrary Rules. chan robles virtual law library

(a) appears in person before the notary public and presents an integrally complete instrument or SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary” refer to any person commissioned to
document; perform official acts under these Rules.cralaw
chan robles virtual law library
SEC. 10. Principal. - “Principal” refers to a person appearing before the notary public whose act is the
(b) is attested to be personally known to the notary public or identified by the notary public through
subject of notarization. chan robles virtual law library
competent evidence of identity as defined by these Rules; and -
chan robles virtual law library SEC. 11. Regular Place of Work or Business. - The term “regular place of work or business” refers to a
(c) represents to the notary public that the signature on the instrument or document was voluntarily stationary office in the city or province wherein the notary public renders legal and notarial services. chan
affixed by him for the purposes stated in the instrument or document, declares that he has executed the robles virtual law library
instrument or document as his free and voluntary act and deed, and, if he acts in a particular
representative capacity, that he has the authority to sign in that capacity. SEC. 12. Competent Evidence of Identity. - The phrase “competent evidence of identity” refers to the
identification of an individual based on:chanroblesvirtuallawlibrary
(a) at least one current identification document issued by an official agency bearing the photograph and (a) a statement containing the petitioner's personal qualifications, including the petitioner's date of birth,
signature of the individual; or chan robles virtual law library residence, telephone number, professional tax receipt, roll of attorney's number and IBP membership
(b) the oath or affirmation of one credible witness not privy to the instrument, document or transaction number;
who is personally known to the notary public and who personally knows the individual, or of two credible
witnesses neither of whom is privy to the instrument, document or transaction who each personally knows (b) certification of good moral character of the petitioner by at least two (2) executive officers of the local
the individual and shows to the notary public documentary identification. chapter of the Integrated Bar of the Philippines where he is applying for commission;

SEC. 13. Official Seal or Seal. - “Official seal” or “Seal” refers to a device for affixing a mark, image or (c) proof of payment for the filing of the petition as required by these Rules; and
impression on all papers officially signed by the notary public conforming the requisites prescribed by these
Rules. (d) 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
SEC. 14. Signature Witnessing. - The term “signature witnessing” refers to a notarial act in which an
part of the photographs.
individual on a single occasion: chan robles virtual law library
SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the application fee as
(a) appears in person before the notary public and presents an instrument or document;
prescribed in the Rules of Court. chan robles virtual law library
(b) is personally known to the notary public or identified by the notary public through competent evidence
of identity as defined by these Rules; and chan robles virtual law library SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a summary hearing on the
(c) signs the instrument or document in the presence of the notary public. petition and shall grant the same if:chanroblesvirtuallawlibrary
SEC. 15. Court. - “Court” refers to the Supreme Court of the Philippines. (a) the petition is sufficient in form and substance;
(b) the petitioner proves the allegations contained in the petition; and
SEC. 16. Petitioner. - “Petitioner” refers to a person who applies for a notarial commission.cralaw
(c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully
SEC. 17. Office of the Court Administrator. - “Office of the Court Administrator” refers to the Office of the understood these Rules.
Court Administrator of the Supreme Court.cralaw
The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a
SEC. 18. Executive Judge. - “Executive Judge” refers to the Executive Judge of the Regional Trial Court of a Notarial Seal in favor of the petitioner. chan robles virtual law library
city or province who issues a notarial commission.cralaw
SEC. 5. Notice of Summary Hearing. -
SEC. 19. Vendor. - “Vendor” under these Rules refers to a seller of a notarial seal and shall include a
(a) The notice of summary hearing shall be published in a newspaper of general circulation in the city or
wholesaler or retailer. chan robles virtual law library
province where the hearing shall be conducted and posted in a conspicuous place in the offices of the
SEC. 20. Manufacturer. - “Manufacturer” under these Rules refers to one who produces a notarial seal and Executive Judge and of the Clerk of Court. The cost of the publication shall be borne by the petitioner. The
shall include an engraver and seal maker. chan robles virtual law library notice may include more than one petitioner.

RULE III (b) The notice shall be substantially in the following form:chanroblesvirtuallawlibrary
COMMISSIONING OF NOTARY PUBLIC
NOTICE OF HEARING
SECTION 1. Qualifications. - A notarial commission may be issued by an Executive Judge to any qualified
person who submits a petition in accordance with these Rules. chan robles virtual law library Notice is hereby given that a summary hearing on the petition for notarial commission of (name of
petitioner) shall be held on (date) at (place) at (time). Any person who has any cause or reason to object
To be eligible for commissioning as notary public, the petitioner:chanroblesvirtuallawlibrary to the grant of the petition may file a verified written opposition thereto, received by the undersigned
before the date of the summary hearing.chanrobles virtual law library chan robles virtual law library
(1) must be a citizen of the Philippines; chan robles virtual law library
(2) must be over twenty-one (21) years of age; chan robles virtual law library _____________________
(3) must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or Executive Judge
business in the city or province where the commission is to be issued; chan robles virtual law library
(4) must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar SEC. 6. Opposition to Petition. - Any person who has any cause or reason to object to the grant of the
Confidant of the Supreme Court and the Integrated Bar of the Philippines; and petition may file a verified written opposition thereto. The opposition must be received by the Executive
(5) must not have been convicted in the first instance of any crime involving moral turpitude. Judge before the date of the summary hearing. chan robles virtual law library

SEC. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial commission shall be in SEC. 7. Form of Notarial Commission. - The commissioning of a notary public shall be in a formal order
writing, verified, and shall include the following:chanroblesvirtuallawlibrary signed by the Executive Judge substantially in the following form:chanroblesvirtuallawlibrary
REPUBLIC OF THE PHILIPPINES SEC. 13. Renewal of Commission. - A notary public may file a written application with the Executive Judge
REGIONAL TRIAL COURT OF ______________ for the renewal of his commission within forty-five (45) days before the expiration thereof. A mark, image or
impression of the seal of the notary public shall be attached to the application.cralaw
This is to certify that (name of notary public) of (regular place of work or business) in (city or province) was
on this (date) day of (month) two thousand and (year) commissioned by the undersigned as a notary Failure to file said application will result in the deletion of the name of the notary public in the register of
public, within and for the said jurisdiction, for a term ending the thirty-first day of December (year) chan notaries public.cralaw
robles virtual law library
The notary public thus removed from the Register of Notaries Public may only be reinstated therein after he
________________________ is issued a new commission in accordance with these Rules. chan robles virtual law library
Executive Judge
SEC. 14. Action on Application for Renewal of Commission. - The Executive Judge shall, upon payment of
SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate of the application fee mentioned in Section 3 above of this Rule, act on an application for the renewal of a
Authorization to Purchase a Notarial Seal shall be valid for a period of three (3) months from date of issue, commission within thirty (30) days from receipt thereof. If the application is denied, the Executive Judge
unless extended by the Executive Judge. shall state the reasons therefor.cralaw

A mark, image or impression of the seal that may be purchased by the notary public pursuant to the RULE IV
Certificate shall be presented to the Executive Judge for approval prior to use.cralaw POWERS AND LIMITATIONS OF NOTARIES PUBLIC

SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate of Authorization to SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial
Purchase a Notarial Seal shall substantially be in the following form:chanroblesvirtuallawlibrary acts:chanroblesvirtuallawlibrary

(1) acknowledgments;
REPUBLIC OF THE PHILIPPINES (2) oaths and affirmations;
REGIONAL TRIAL COURT OF_____________ chan robles virtual law library (3) jurats; chan robles virtual law library
(4) signature witnessings;
CERTIFICATE OF AUTHORIZATION (5) copy certifications; and
TO PURCHASE A NOTARIAL SEAL chan robles virtual law library (6) any other act authorized by these Rules.

This is to authorize (name of notary public) of (city or province) who was commissioned by the undersigned (b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an
as a notary public, within and for the said jurisdiction, for a term ending, the thirty-first of December (year) instrument or document presented for notarization if:chanroblesvirtuallawlibrary
to purchase a notarial seal.chanrobles virtual law library chan robles virtual law library
(1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and
Issued this (day) of (month) (year). unaffected witnesses to the instrument or document;
(2) both witnesses sign their own names in addition to the thumb or other mark;
________________________
(3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of
Executive Judge
signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public";
and chan robles virtual law library
SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall have only one (4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or
official seal of office in accordance with these Rules. signature witnessing.

SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may perform notarial acts in any (c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a
place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing mark on an instrument or document if:chanroblesvirtuallawlibrary
the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary
(1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf;
public has resigned under these Rules and the Rules of Court. chan robles virtual law library
(2) the signature of the notary public is affixed in the presence of two disinterested and unaffected
SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a Register of Notaries witnesses to the instrument or document;
Public in his jurisdiction which shall contain, among others, the dates of issuance or revocation or (3) both witnesses sign their own names ;
suspension of notarial commissions, and the resignation or death of notaries public. The Executive Judge (4) the notary public writes below his signature: “Signature affixed by notary in presence of (names and
shall furnish the Office of the Court Administrator information and data recorded in the register of notaries addresses of person and two [2] witnesses)”; and
public. The Office of the Court Administrator shall keep a permanent, complete and updated database of (5) the notary public notarizes his signature by acknowledgment or jurat.
such records. chan robles virtual law library
SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular place of work or
business; provided, however, that on certain exceptional occasions or situations, a notarial act may be
performed at the request of the parties in the following sites located within his territorial jurisdiction: chan apart from the notarial fees prescribed in the preceding section when traveling to perform a notarial act if
robles virtual law library the notary public and the person requesting the notarial act agree prior to the travel.cralaw

(1) public offices, convention halls, and similar places where oaths of office may be administered; SEC. 3. Prohibited Fees. – No fee or compensation of any kind, except those expressly prescribed and
(2) public function areas in hotels and similar places for the signing of instruments or documents requiring allowed herein, shall be collected or received for any notarial service.cralaw
notarization;
(3) hospitals and other medical institutions where a party to an instrument or document is confined for SEC. 4. Payment or Refund of Fees. - A notary public shall not require payment of any fees specified herein
treatment; and prior to the performance of a notarial act unless otherwise agreed upon. chan robles virtual law library
(4) any place where a party to an instrument or document requiring notarization is under detention.
Any travel fees and expenses paid to a notary public prior to the performance of a notarial act are not
(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or subject to refund if the notary public had already traveled but failed to complete in whole or in part the
document - notarial act for reasons beyond his control and without negligence on his part.cralaw

(1) is not in the notary's presence personally at the time of the notarization; and SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall issue a receipt
(2) is not personally known to the notary public or otherwise identified by the notary public through registered with the Bureau of Internal Revenue and keep a journal of notarial fees. He shall enter in the
competent evidence of identity as defined by these Rules. chan robles virtual law library journal all fees charged for services rendered. chan robles virtual law library

SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if A notary public shall post in a conspicuous place in his office a complete schedule of chargeable notarial
he:chanroblesvirtuallawlibrary fees.cralaw

(a) is a party to the instrument or document that is to be notarized; chan robles virtual law library RULE VI
(b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, NOTARIAL REGISTER
property, or other consideration, except as provided by these Rules and by law; or
SECTION 1. Form of Notarial Register. - (a) A notary public shall keep, maintain, protect and provide for
(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the
lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts
principal within the fourth civil degree. chan robles virtual law library
consisting of a permanently bound book with numbered pages. chan robles virtual law library
SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in these Rules for
The register shall be kept in books to be furnished by the Solicitor General to any notary public upon
any person requesting such an act even if he tenders the appropriate fee specified by these Rules
request and upon payment of the cost thereof. The register shall be duly paged, and on the first page, the
if:chanroblesvirtuallawlibrary
Solicitor General shall certify the number of pages of which the book consists.cralaw
(a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or
For purposes of this provision, a Memorandum of Agreement or Understanding may be entered into by the
immoral;
Office of the Solicitor General and the Office of the Court Administrator. chan robles virtual law library
(b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt
as to the former's knowledge of the consequences of the transaction requiring a notarial act; and (b) A notary public shall keep only one active notarial register at any given time.cralaw
(c) in the notary's judgment, the signatory is not acting of his or her own free will.
SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the notary shall record in the notarial
SEC. 5. False or Incomplete Certificate. - A notary public shall not: chan robles virtual law library register at the time of notarization the following: chan robles virtual law library
(a) execute a certificate containing information known or believed by the notary to be false. (1) the entry number and page number; chan robles virtual law library
(b) affix an official signature or seal on a notarial certificate that is incomplete. chan robles virtual law (2) the date and time of day of the notarial act;
library (3) the type of notarial act; chan robles virtual law library
(4) the title or description of the instrument, document or proceeding;
SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:chanroblesvirtuallawlibrary
(5) the name and address of each principal; chan robles virtual law library
(a) a blank or incomplete instrument or document; or chan robles virtual law library (6) the competent evidence of identity as defined by these Rules if the signatory is not
(b) an instrument or document without appropriate notarial certification. 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;
RULE V (8) the fee charged for the notarial act;
FEES OF NOTARY PUBLIC (9) the address where the notarization was performed if not in the notary's regular place of work or
business; and
SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act, a notary public may charge the (10) any other circumstance the notary public may deem of significance or relevance.
maximum fee as prescribed by the Supreme Court unless he waives the fee in whole or in part.
chan robles virtual law library (b) A notary public shall record in the notarial register the reasons and circumstances for not completing a
SEC. 2. Travel Fees and Expenses. - A notary public may charge travel fees and expenses separate and notarial act.
(c) A notary public shall record in the notarial register the circumstances of any request to inspect or copy (c) If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful
an entry in the notarial register, including the requester's name, address, signature, thumbmark or other motive in requesting information from the notarial register, the notary shall deny access to any entry or
recognized identifier, and evidence of identity. The reasons for refusal to allow inspection or copying of a entries therein.cralaw
journal entry shall also be recorded.cralaw
SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case the notarial register is stolen, lost,
(d) When the instrument or document is a contract, the notary public shall keep an original copy thereof destroyed, damaged, or otherwise rendered unusable or illegible as a record of notarial acts, the notary
as part of his records and enter in said records a brief description of the substance thereof and shall give to public shall, within ten (10) days after informing the appropriate law enforcement agency in the case of
each entry a consecutive number, beginning with number one in each calendar year. He shall also retain theft or vandalism, notify the Executive Judge by any means providing a proper receipt or
a duplicate original copy for the Clerk of Court.cralaw acknowledgment, including registered mail and also provide a copy or number of any pertinent police
report.cralaw
(e) The notary public shall give to each instrument or document executed, sworn to, or acknowledged
before him a number corresponding to the one in his register, and shall also state on the instrument or (b) Upon revocation or expiration of a notarial commission, or death of the notary public, the notarial
document the page/s of his register on which the same is recorded. No blank line shall be left between register and notarial records shall immediately be delivered to the office of the Executive Judge.cralaw
entries.cralaw
SEC. 6. Issuance of Certified True Copies. - The notary public shall supply a certified true copy of the
(f) In case of a protest of any draft, bill of exchange or promissory note, the notary public shall make a full notarial record, or any part thereof, to any person applying for such copy upon payment of the legal
and true record of all proceedings in relation thereto and shall note therein whether the demand for the fees.cralaw
sum of money was made, by whom, when, and where; whether he presented such draft, bill or note;
whether notices were given, to whom and in what manner; where the same was made, when and to RULE VII
whom and where directed; and of every other fact touching the same.cralaw SIGNATURE AND SEAL OF NOTARY PUBLIC

(g) At the end of each week, the notary public shall certify in his notarial register the number of instruments SECTION 1. Official Signature. – In notarizing a paper instrument or document, a notary public
or documents executed, sworn to, acknowledged, or protested before him; or if none, this certificate shall shall:chanroblesvirtuallawlibrary
show this fact.cralaw
(a) sign by hand on the notarial certificate only the name indicated and as appearing on the notary's
(h) A certified copy of each month's entries and a duplicate original copy of any instrument commission; chan robles virtual law library
acknowledged before the notary public shall, within the first ten (10) days of the month following, be (b) not sign using a facsimile stamp or printing device; and
forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no entry to (c) affix his official signature only at the time the notarial act is performed.
certify for the month, the notary shall forward a statement to this effect in lieu of certified copies herein
SEC. 2. Official Seal. - (a) Every person commissioned as notary public shall have a seal of office, to be
required.cralaw
procured at his own expense, which shall not be possessed or owned by any other person. It shall be of
SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial register shall be metal, circular in shape, two inches in diameter, and shall have the name of the city or province and the
signed or a thumb or other mark affixed by each:chanroblesvirtuallawlibrary 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 center. A mark, image or impression of such seal shall be made
(a) principal; directly on the paper or parchment on which the writing appears.
(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 (b) The official seal shall be affixed only at the time the notarial act is performed and shall be clearly
person physically unable to sign. impressed by the notary public on every page of the instrument or document notarized. chan robles virtual
law library
SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's presence, any person may inspect an entry in
the notarial register, during regular business hours, provided; (c) When not in use, the official seal shall be kept safe and secure and shall be accessible only to the
notary public or the person duly authorized by him. chan robles virtual law library
(1) the person's identity is personally known to the notary public or proven through competent evidence of
identity as defined in these Rules; (d) Within five (5) days after the official seal of a notary public is stolen, lost, damaged or other otherwise
(2) the person affixes a signature and thumb or other mark or other recognized identifier, in the notarial rendered unserviceable in affixing a legible image, the notary public, after informing the appropriate law
register in a separate, dated entry; enforcement agency, shall notify the Executive Judge in writing, providing proper receipt or
(3) the person specifies the month, year, type of instrument or document, and name of the principal in the acknowledgment, including registered mail, and in the event of a crime committed, provide a copy or
notarial act or acts sought; and entry number of the appropriate police record. Upon receipt of such notice, if found in order by the
(4) the person is shown only the entry or entries specified by him. Executive Judge, the latter shall order the notary public to cause notice of such loss or damage to be
published, once a week for three (3) consecutive weeks, in a newspaper of general circulation in the city
(b) The notarial register may be examined by a law enforcement officer in the course of an official or province where the notary public is commissioned. Thereafter, the Executive Judge shall issue to the
investigation or by virtue of a court order. notary public a new Certificate of Authorization to Purchase a Notarial Seal.cralaw
(e) Within five (5) days after the death or resignation of the notary public, or the revocation or expiration of (c) the words "Notary Public" and the province or city where the notary public is commissioned, the
a notarial commission, the official seal shall be surrendered to the Executive Judge and shall be destroyed expiration date of the commission, the office address of the notary public; and
or defaced in public during office hours. In the event that the missing, lost or damaged seal is later found (d) the roll of attorney's number, the professional tax receipt number and the place and date of issuance
or surrendered, it shall be delivered by the notary public to the Executive Judge to be disposed of in thereof, and the IBP membership number.
accordance with this section. Failure to effect such surrender shall constitute contempt of court. In the
event of death of the notary public, the person in possession of the official seal shall have the duty to RULE IX
surrender it to the Executive Judge.cralaw CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent, and photographically SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authority evidencing the authenticity
reproducible mark, image or impression of the official seal beside his signature on the notarial certificate of of the official seal and signature of a notary public shall be issued by the Executive Judge upon request in
a paper instrument or document.cralaw substantially the following form: chan robles virtual law library

SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals may not sell said CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
product without a written authorization from the Executive Judge.cralaw
I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public), the person named
(b) Upon written application and after payment of the application fee, the Executive Judge may issue an in the seal and signature on the attached document, is a Notary Public in and for the
authorization to sell to a vendor or manufacturer of notarial seals after verification and investigation of the (City/Municipality/Province) of the Republic of the Philippines and authorized to act as such at the time of
latter's qualifications. The Executive Judge shall charge an authorization fee in the amount of PhP 4,000 for the document's notarization.chanrobles virtual law library chan robles virtual law library
the vendor and PhP 8,000 for the manufacturer. If a manufacturer is also a vendor, he shall only pay the
IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) day of (month)
manufacturer's authorization fee.cralaw
(year).chanrobles virtual law library chan robles virtual law library
(c) The authorization shall be in effect for a period of four (4) years from the date of its issuance and may _________________
be renewed by the Executive Judge for a similar period upon payment of the authorization fee mentioned (official signature)
in the preceding paragraph.cralaw (seal of Executive Judge)

(d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of a certified copy of RULE X
the commission and the Certificate of Authorization to Purchase a Notarial Seal issued by the Executive CHANGES OF STATUS OF NOTARY PUBLIC
Judge. A notary public obtaining a new seal as a result of change of name shall present to the vendor or
SECTION 1. Change of Name and Address. -
manufacturer a certified copy of the Confirmation of the Change of Name issued by the Executive
Judge.cralaw Within ten (10) days after the change of name of the notary public by court order or by marriage, or after
ceasing to maintain the regular place of work or business, the notary public shall submit a signed and
(e) Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to
dated notice of such fact to the Executive Judge.
Purchase a Notarial Seal.cralaw

(f) After the sale, the vendor or manufacturer shall affix a mark, image or impression of the seal to the The notary public shall not notarize until:chanroblesvirtuallawlibrary
Certificate of Authorization to Purchase a Notarial Seal and submit the completed Certificate to the
(a) he receives from the Executive Judge a confirmation of the new name of the notary public and/or
Executive Judge. Copies of the Certificate of Authorization to Purchase a Notarial Seal and the buyer's
change of regular place of work or business; and
commission shall be kept in the files of the vendor or manufacturer for four (4) years after the sale.cralaw

(g) A notary public obtaining a new seal as a result of change of name shall present to the vendor a (b) a new seal bearing the new name has been obtained.
certified copy of the order confirming the change of name issued by the Executive Judge.cralaw
The foregoing notwithstanding, until the aforementioned steps have been completed, the notary public
RULE VIII may continue to use the former name or regular place of work or business in performing notarial acts for
NOTARIAL CERTIFICATES three (3) months from the date of the change, which may be extended once for valid and just cause by
the Executive Judge for another period not exceeding three (3) months.
SECTION 1. Form of Notarial Certificate. - The notarial form used for any notarial instrument or document
shall conform to all the requisites prescribed herein, the Rules of Court and all other provisions of issuances SEC. 2. Resignation. - A notary public may resign his commission by personally submitting a written, dated
by the Supreme Court and in applicable laws. chan robles virtual law library and signed formal notice to the Executive Judge together with his notarial seal, notarial register and
records. Effective from the date indicated in the notice, he shall immediately cease to perform notarial
SEC. 2. Contents of the Concluding Part of the Notarial Certificate. – The notarial certificate shall include acts. In the event of his incapacity to personally appear, the submission of the notice may be performed
the following:chanroblesvirtuallawlibrary by his duly authorized representative.cralaw

(a) the name of the notary public as exactly indicated in the commission; SEC. 3. Publication of Resignation. - The Executive Judge shall immediately order the Clerk of Court to post
(b) the serial number of the commission of the notary public; in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of
notaries public who have resigned their notarial commissions and the effective dates of their RULE XII
resignation.cralaw SPECIAL PROVISIONS

RULE XI SECTION 1. Punishable Acts. - The Executive Judge shall cause the prosecution of any person
REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS who:chanroblesvirtuallawlibrary

SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall revoke a notarial (a) knowingly acts or otherwise impersonates a notary public; chan robles virtual law library
commission for any ground on which an application for a commission may be denied. chan robles virtual (b) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a
law library notary public; and
(c) knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct.
(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative
sanctions upon, any notary public who:chanroblesvirtuallawlibrary SEC 2. Reports to the Supreme Court. - The Executive Judge concerned shall submit semestral reports to
the Supreme Court on discipline and prosecution of notaries public.
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his notarial register concerning his notarial acts; RULE XIII
(3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month REPEALING AND EFFECTIVITY PROVISIONS
following;
(4) fails to affix to acknowledgments the date of expiration of his commission; SECTION 1. Repeal. - All rules and parts of rules, including issuances of the Supreme Court inconsistent
(5) fails to submit his notarial register, when filled, to the Executive Judge; herewith, are hereby repealed or accordingly modified. chan robles virtual law library
(6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance
SEC. 2. Effective Date. - These Rules shall take effect on the first day of August 2004, and shall be published
of his duties, as may be required by the judge;
in a newspaper of general circulation in the Philippines which provides sufficiently wide circulation.
(7) fails to require the presence of a principal at the time of the notarial act;
(8) fails to identify a principal on the basis of personal knowledge or competent evidence; Promulgated this 6th day of July, 2004. chan robles virtual law library
(9) executes a false or incomplete certificate under Section 5, Rule IV;
(10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez, Carpio,
(11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.cralaw
cause for revocation of commission or imposition of administrative sanction.
2. A.M. No. 02-8-13-SC February 19, 2008
(c) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall be
required to file a verified answer to the complaint. If the answer of the notary public is not satisfactory, the RE: 2004 RULES ON NOTARIAL PRACTICE -
Executive Judge shall conduct a summary hearing. If the allegations of the complaint are not proven, the The Court Resolved, upon the recommendation of the Sub Committee on the Revision of the Rules
complaint shall be dismissed. If the charges are duly established, the Executive Judge shall impose the Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules on Notarial Practice, to wit:
appropriate administrative sanctions. In either case, the aggrieved party may appeal the decision to the
Sirs/Mesdames:
Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall be
immediately executory, unless otherwise ordered by the Supreme Court. Quoted hereunder, for your information, is a resolution of the Court En Banc dated February 19, 2008.
(d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public, "A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. – The Court Resolved, upon the recommendation
subject to the procedures prescribed in paragraph (c) above and impose the appropriate administrative of the Sub Committee on the Revision of the Rules Governing Notaries Public, to AMEND Sec. 12 (a). Rule II
sanctions on the grounds mentioned in the preceding paragraphs (a) and (b).cralaw of the 2004 Rules on Notarial Practice, to wit:
SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all times exercise Rule II
supervision over notaries public and shall closely monitor their activities. chan robles virtual law library
DEFINITIONS
SEC. 3. Publication of Revocations and Administrative Sanctions. - The Executive Judge shall immediately
order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and of the xxx
Clerk of Court the names of notaries public who have been administratively sanctioned or whose notarial
commissions have been revoked.cralaw "Sec. 12. Component Evidence of Identity. The phrase "competent evidence of identity" refers to the
identification of an individual based on:
SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling the obligations in Section 4(e), Rule
VI and Section 2(e), Rule VII, the Executive Judge, upon being notified of such death, shall forthwith cause (a) at least one current identification document issued by an official agency bearing the photograph and
compliance with the provisions of these sections. chan robles virtual law library signature of the individual, such as but not limited to, passport, driver’s license, Professional Regulations
Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter’s ID,
Barangay certification, Government Service and Insurance System (GSIS) e-card, Social Security System
(SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW CASES:
ID, seaman’s book, alien certificate of registration/immigrant certificate of registration, government office
ID, certification from the National Council for the Welfare of Disable Persons (NCWDP), Department of 1. A.C. No. 10231, August 10, 2016
Social Welfare and Development (DSWD) certification; or

(b) xxxx." OSCAR M. BAYSAC, Complainant, v. ATTY. ELOISA M. ACERON-PAPA, Respondent.

Quisumbing, J., on official leave. Ynares-Santiago, J., on leave. DECISION

(adv127a)
JARDELEZA, J.:

This refers to the Resolution of the Integrated Bar of the Philippines (IBP) Board of Governors dated 13
Very truly yours.
February 2013 adopting and approving with modification the Report and Recommendation of the
MA. LUISA D. VILLARAMA (sgd) Commission on Bar Discipline which found Atty. Eloisa M. Aceron-Papa (respondent) administratively liable
for notarizing a fictitious or spurious document. As a consequence, the IBP Board of Governors revoked her
Clerk of Court commission as notary public and disqualified her from being commissioned as notary public for three years
with a stern warning to be more circumspect in her notarial dealings.

The Facts

Complainant Oscar M. Baysac (complainant) owns a property with an area of 322 sq. m. covered by
3. Transfer Certificate of Title (TCT) No. T-581591 and registered with the Registry of Deeds of Trece Martires
City. The property was mortgaged by complainant to Spouses Emmanuel and Rizalina Cruz (Spouses Cruz)
on December 20, 2000.2 The Deed of Real Estate Mortgage3 was notarized by Atty. Renelie B. Mayuga-
Donato on December 20, 2000.

In February 2003, complainant went to the Registry of Deeds of Trece Martires City to get a certified true
copy of the certificate of title of the property because the property had a prospective buyer. However,
complainant was surprised to find out that TCT No. T-58159 had already been cancelled, and in lieu
thereof, TCT No. T-670894 was issued in favor of Spouses Cruz.5chanrobleslaw

After further investigation, complainant found out that the property was transferred in the name of Spouses
Cruz pursuant to a Deed of Absolute Sale6 which was allegedly executed on January 13, 2003 for the
consideration of P100,000.00.7chanrobleslaw

The Deed of Absolute Sale which was allegedly signed by complainant, as the owner of the property, was
notarized by respondent on January 13, 2003.8 Complainant, however, vehemently denied having ever
signed the Deed of Absolute Sale and having ever appeared before a notary public on January 13, 2003
to acknowledge the same. He claimed that he was in Tanza, Cavite that entire day with Ms. Flocerfida A.
Angeles (Ms. Angeles) searching for a buyer of the property.9 Complainant further stated that the Deed of
Absolute Sale showed that what he allegedly presented to the notary public when he acknowledged
having executed the document was his Community Tax Certificate (CTC) issued on May 26, 2000 or three
years prior to the execution of the Deed of Absolute Sale. The same CTC was used for the notarization of
the Deed of Real Estate Mortgage on December 20, 2000.10chanrobleslaw

To support this allegation, complainant submitted the affidavit11 of Ms. Angeles and Questioned
Documents Report No. 515-70312 dated October 8, 2003 issued by the National Bureau of Investigation
(NBI).

In her affidavit, Ms. Angeles declared that she was with complainant in Tanza, Cavite from 7:00 in the
morning until 10:30 in the evening on January 13, 2003. She further declared that complainant did not
execute the Deed of Absolute Sale and did not personally appear before a notary public in Cavite City on
January 13, 2003.13chanrobleslaw
In the Questioned Documents Report No. 515-703, the NBI confirmed that the signature of complainant in Section 1 of Public Act No. 2103 provides:ChanRoblesVirtualawlibrary
the Deed of Absolute Sale and the signatures in other sample documents which he actually signed were xxx
not made by one and the same person.14chanrobleslaw
(a) The acknowledgment shall be made before a notary public or an officer duly authorized by law of the
More, a few months after the execution of the Deed of Absolute Sale, and subsequent to the transfer of country to take acknowledgments of instruments or documents in the place where the act is done. The
the title to Spouses Cruz, Atty. Estrella O. Laysa (Atty. Laysa) as counsel for Spouses Cruz, allegedly sent a notary public or the officer taking the acknowledgment shall certify that the person acknowledging the
letter to complainant. The letter demanded him to vacate the property subject of the alleged sale. instrument or document is known to him and that he is the same person who executed it, and
According to complainant, Atty. Laysa is respondent's partner in Laysa Aceron-Papa Sayarot Law Office. acknowledged that the same is his free act and deed. The certificate shall be made under his official seal,
Thus, complainant claimed that respondent's act of improperly notarizing the Deed of Absolute Sale if he is by law required to keep a seal, and if not, his certificate shall so state. (Emphasis added.)
caused him injustice because he was ousted from his property.15chanrobleslaw
Section 1, Rule II of the 2004 Rules on Notarial Practice emphasizes the requirement of affiant's personal
appearance in an acknowledgment:ChanRoblesVirtualawlibrary
In view of these circumstances, complainant filed a Complaint; for Disbarment16 dated April 14, 2009 with
Section 1. Acknowledgment. - "Acknowledgment" refers to an act in which an individual on a single
the IBP Commission on Bar Discipline for violation of Section 1, Rule II of the 2004 Rules on Notarial Practice.
occasion:
Records show that respondent did not file any answer to the complaint. The Order17 dated April 23, 2009
chanRoblesvirtualLawlibrary
directing respondent to answer was returned to the Commission on Bar Discipline with a notation "Moved
Out, Left No Address."18 During the mandatory conference on August 27, 2009, only the counsel for
complainant was present.19 Nevertheless, the Commission on Bar Discipline, in its Order20 dated August 27, (a) appears in person before the notary public and presents an integrally complete instrument or
2009, terminated the mandatory conference and directed the parties to submit their verified position document;
papers so as not to delay the early disposition of the case. Despite the Order dated August 27, 2009 being
received by respondent as evidenced by the Registry Return Receipt21 signed by a certain Zyra N. Ningas,
it was only complainant who filed a position paper.22chanrobleslaw
(b) is attested to be personally known to the notary public or identified by the notary public through
Findings and Recommendation of the IBP competent evidence of identity as defined by these Rules; and

Based on the documents submitted, Investigating Commissioner Atty. Salvador B. Hababag (Atty.
Hababag) of the IBP Commission on; Bar Discipline (to whom the case was referred for investigation, report
and recommendation) submitted his Report and Recommendation23 dated November 25, 2009. He found (c) represents to the notary public that the signature on the instrument or document was voluntarily
respondent administratively liable for notarizing a fictitious or spurious document. Atty. Hababag also affixed by him for the purposes stated in the instrument or document, declares that he has
stated; that respondent was notified of the Order dated August 27, 2009 requiring the parties to submit executed the instrument or document as his free and voluntary act and deed, and, if he acts in
their position papers.24 The order was sent to her new address on September 14, 2009, as evidenced by the a particular representative capacity, that he has the authority to sign in that capacity. (Emphasis
Registry Return Receipt signed by Zyra N. Ningas. Despite due notice, respondent failed to submit her added.)
position paper, and is therefore deemed to have waived her right to present her position to the
case.25cralawred Atty. Hababag recommended that respondent be suspended for two years as notary In fact, the Acknowledgment in the Deed of Absolute Sale explicitly states:ChanRoblesVirtualawlibrary
public.26chanrobleslaw BEFORE ME, a Notary Public for and in the City of Cavite, this day of 13 JAN [2003] in Cavite City, personally
appeared OSCAR M. BAYSAC x x x who made known to me to be the same person who executed the
On February 13, 2013, the IBP Board of Governors issued Resolution No. XX-2013-13627 which adopted the foregoing instrument and he acknowledged to me that the same is his own free act and voluntary deed. x
findings of the Investigating Commissioner but modified the recommended penalty. Instead of suspension x x30 (Emphasis added.)
for two years as notary public, the IBP Board of Governors recommended the disqualification of Based on the foregoing, the party acknowledging the document must appear before the notary public or
respondent from being commissioned as notary public for three years with a stern warning to be more any other person authorized to take acknowledgments of instruments or documents.31 In Agbulos v.
circumspect in her notarial dealings and that repetition of the same or similar act shall be dealt with more Viray,32 we held:ChanRoblesVirtualawlibrary
severely. To be sure, a notary public should not notarize a document unless the person who signed the same is the
very same person who executed and personally appeared before him to attest to the contents and the
The Court's Ruling truth of what are stated therein. Without the appearance of the person who actually executed the
document in question, the notary public would be unable to verify the genuineness of the signature of the
We affirm the resolution of the IBP Board of Governors finding respondent administratively liable, but we acknowledging party and to ascertain that the document is the party's free act or
modify the penalty imposed. deed.33chanroblesvirtuallawlibrary

We note that the complainant and the IBP Board of Governors cited Section 1, Rule II of the 2004 Rules on In this case, however, it would have been physically impossible for complainant to appear before
Notarial Practice28 as basis for the complained acts of respondent. However, we find Section 1 of Public respondent and sign the Deed of Absolute Sale on January 13, 2003. On that same day, complainant was
Act No. 2103,29 otherwise known as the Notarial Law, to be the applicable law at the time the complained with Ms. Angeles in Tanza, Cavite the whole day. Ms. Angeles, in her affidavit, confirmed this fact. Further,
acts took place. Nonetheless, as will be seen below, both laws provide for a similar provision on the NBI's findings in its Questioned Documents Report show that the signature in the Deed of Absolute Sale
acknowledgment. was not signed by complainant. These allegations remain unrebutted despite the opportunity given to
complainant to do so. conduct and to uphold at all times the integrity and dignity of the legal
profession.46chanroblesvirtuallawlibrary
Therefore, the affidavit of Ms. Angeles, and the findings of the NBI prove that respondent violated the
Since such responsibility is incumbent upon her, she must now accept the commensurate consequences
Notarial Law when she notarized the Deed of Absolute Sale without the personal appearance of
of her professional indiscretion. Her act of certifying under oath an irregular Deed of Absolute Sale without
complainant. It was respondent's duty as notary public to require the personal appearance of the person
ascertaining the identities of the persons executing the same constitutes gross negligence in the
executing the document to enable the former to verify the genuineness of his signature.34 Doing away with
performance of duty as a notary public.47chanrobleslaw
the essential requirement of physical presence of the affiant does not take into account the likelihood that
the documents may be spurious or that the affiants may not be who they purport to be.35chanrobleslaw
More, as a lawyer, respondent breached Canon 148 of the Code of Professional Responsibility, particularly
Canon 1.01.49 By notarizing the Deed of Absolute Sale, she engaged in unlawful, dishonest, immoral or
This Court has consistently held the following principle in a number of cases:ChanRoblesVirtualawlibrary
deceitful conduct.50chanrobleslaw
Notarization is not an empty, meaningless, routinary act. On the contrary, it is invested with substantial
public interest, such that only those who are qualified or authorized may act as notaries public.
We modify, however, the penalty recommended by the IBP Board of Governors in order to be in full
Notarization of a private document converts the document into a public one making it admissible in court
accord with existing jurisprudence. Based on existing jurisprudence, when a lawyer commissioned as a
without further proof of its authenticity. A notarial document is by law entitled to full faith and credit upon
notary public fails to discharge his duties as such, he is given the following penalties: (1) revocation of his
its face and, for this reason, notaries public must observe with utmost care the basic requirements in the
notarial commission; (2) disqualification from being commissioned as a notary public for a period of two
performance of their duties. Otherwise, the confidence of the public in the integrity of this form of
years; and (3) suspension from the practice of law for one year.51chanrobleslaw
conveyance would be undermined.36chanroblesvirtuallawlibrary
Failing to comply with the Notarial Law, respondent was even very lenient and negligent in accepting the WHEREFORE, this Court hereby finds Atty. Eloisa M. Aceron-Papa GUILTY of violating the Notarial Law and
outdated CTC of complainant as competent evidence of identity. Although the Deed of Absolute Sale the Code of Professional Responsibility. Accordingly, this Court REVOKES her incumbent commission, if
was notarized on January 13, 2003, respondent allowed the presentation of a CTC issued on May 26, 2000. any PROHIBITS her from being commissioned as a notary public for two (2) years; and SUSPENDS her from
Respondent should have been diligent enough to make sure that the person appearing before her is the the practice of law for one (1) year, effective immediately. She is further WARNED that a repetition of the
same person acknowledging the document to be notarized. Respondent should have checked the same or similar offense shall be dealt with more severely.
authenticity of the evidence of identity presented to her. Further, she should not have relied on the CTC in
view of the ease with which CTCs are obtained these days.37 It should likewise be pointed out that the CTC Let copies of this Resolution be furnished to the Office of the Bar Confidant, to be appended to the
is not included in the list of competent evidence of identity that notaries public should use in ascertaining respondent's personal record as attorney. Likewise, copies shall be furnished to the Integrated Bar of the
the identity of persons appearing before them to have their documents notarized.38chanrobleslaw Philippines and all courts in the country for their information and guidance.

We have emphasized that among the functions of a notary public is to guard against any illegal or SO ORDERED.chanRoblesvirtualLawlibrar
immoral arrangements.39 By affixing her notarial seal on the instrument, she converted the Deed of
Absolute Sale, from a private document into a public document. As a consequence, respondent, in
effect, proclaimed to the world that: (1) all the parties therein personally appeared before her; (2) they are
all personally known to her; (3) they were the same persons who executed the instrument; (4) she inquired
into the voluntariness of execution of the instrument; and (5) they acknowledged personally before her
that they voluntarily and freely executed the same.40chanrobleslaw

By notarizing a spurious document, respondent has made a mockery of the legal solemnity of the oath in
an acknowledgment.41 Respondent's failure to perform her duty as a notary public resulted not only in the
damage to those directly affected by the notarized document, but also in undermining the integrity of a
notary public, and in degrading the function of notarization.42 Precisely because of respondent's act,
complainant was unlawfully deprived of his property.

Respondent is reminded that as a lawyer commissioned as notary public, she is required to uphold her
sacred duties appertaining to her office, such duties being dictated by public policy and impressed with
public interest.43 In Ang v. Gupana,44 this Court held:ChanRoblesVirtualawlibrary
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. Simply put, such responsibility is incumbent upon respondent and failing therein, he must now
accept the commensurate consequences of his professional indiscretion. As the Court has held in Flores v.
Chua,45chanrobleslaw

Where the notary public is a lawyer, a graver responsibility is placed upon his shoulder by reason of his
solemn oath to obey the laws and to do no falsehood or consent to the doing of any. The Code of
Professional Responsibility also commands him not to engage in unlawful, dishonest, immoral or deceitful
2. the date of the instruments which was also used in the falsification and unlawful transfer of the
aforementioned Transfer Certificate Titles which was manipulated by Attorney Avecilla and his wife Loreta
July 27, 2016 in favor of the Ramiscals;

A.C. No. 7072 That Attorney Mariano A. Avecilla of Roxas, Isabela has committed serious damages to us, because we
are deprived of our rights for hereditary succession over the property in question due his unprofessional,
VIRGILIO D. MAGAWAY and CESARIO M. MAGAWAY, Complainants
illegal, anomalous conduct and incompetence in the practice of law particularly by circum[v]enting the
vs.
laws in dealing with registered land through the preparation, notarization and signing deed of sale where
ATTY. MARIANO A. AVECILLA, Respondent
the parties were already dead for long time ago (sic);
DECISION
That due to the unlawful manipulations of Attorney Mariano A. Avecilla, land titles tainted with irregularities
BERSAMIN, J.: were issued in favor of Angelita Ramiscal Sr et al thus he should be prohibited to practice Law because he
is incompetent and a liability in the justice system of the Republic of the Philippines that are contributory to
The complainants hereby seek the disbarment of the respondent for his violation of the Lawyer's Oath, the the loosing (sic) trust and confidence by the people among some (sic) undesirable lawyers and in the
duties of attorneys under Section 20, Rule 138 of the Rules of Court, the rules on notarial practice, and administration of Justice in this country;2
the Code of Professional Responsibility.
It appears that the notarization of the documents (specifically, the deed of sale by attorney-in-fact by
They aver in their affidavit-complaint dated January 2006 the following:1 Eleanor Gongon Flores represented by her attorney-in-fact Efren Vera Cruz, Sr. on August 5, 1992 in favor of
Angelito Ramiscal, Sr.; the deed of sale executed by Elena Gongon on December 7, 1993 in favor of
That the OCT P-2419 with a total land area of 10.5 hectares has been mortgaged (Sale with the right to Angelito Ramiscal, Sr.; and the affidavit of non-tenancy executed by Elena Gongon on December 7, 1993)
repurchase) by the late Gavino Magaoay to the late Elena Gongon in the amount of Three Thousand Nine had led to the filing of two criminal cases and a civil action. The first criminal case, for estafa through
hundred (₱3,900.00) pesos on July 10, 1959 and the late Gavino Magaoay was not able to redeemed (sic) falsification of a public document, was filed by the complainants against Angelito Ramiscal, Sr. and the
the land because he died on December 3, 1963 prior to the date of redemption; respondent in the Office of the Provincial Prosecutor of Isabela, but the case was ultimately dismissed on
July 15, 1998. The second criminal case, also for falsification of a public document, was initiated by Eleanor
That we have the right of ownership by virtue of right of her[ e]ditary succession from the original patent Gongon Flores against the Ramiscals, the respondent, and the latter's wife, Loreta Avecilla. The case was
holder, [the] late Gavino Magaway who is the registered owner of OCT P[-]2419 which was fraudulently also dismissed on October 5, 2000. The civil action seeking the declaration of nullity of fraudulently
reconstituted and fraudulently sold by virtue of the falsified deed bf sale fictitiously executed by [the] late reconstituted original certificafe of title and all the transfer certificates of title derived therefrom, and
Elena Gongon, falsified request for issuance of separate titles fictitiously executed by the late Gavino declaration of nullity of instruments registered affecting them was brought on July 28, 1997 by the
Magaoay and falsified affidavit of non-tenancy fictitiously executed by the late Elena Gongon; complainants as the heirs of the late Gavino Magaoay against the Ramiscals (namely, Angelito, Sr. and his
children Arlene, Ervin and Angelito, Jr.) and the respondent in the Regional Trial Court (RTC) in Roxas,
That OCT P-2419 whom Gavino Magaoay is the registered owner I and the mortgagor was never
consolidated in the name of Elena Gongon, the mortgagee; Isabela (Civil Case No. 23-551-97), which ultimately dismissed the complaint through a decision rendered
on June 14, 2004.3 On appeal, however, the Court of Appeals, through its decision promulgated on August
That it was Attorney Mariano A. Avecilla who duly prepared, notarized and manipulated the Falsified Deed 29, 2008,4 reversed the dismissal of the case by the RTC.
of Sale executed by Elena Gongon dated December 7, 1993 with her fictitious Residence Certificate
After the Court referred this administrative complaint to the Integrated Bar of the Philippines (IBP) for
Nr.927294 which was issued on February 7, 1995 at Roxas, Isabela and Affidavit of non-tenancy which was
investigation and recommendation, the IBP Board of Governors called the parties for mandatory
fictitiously executed by the late Elena Gongon in favor of Angeli to Ramiscal Sr et al where Transfer
conferences on July 30, 2007 and September 10, 2007.
Certificate Titles: T-238312, T-238313, T-238314 and T-238315 were derived therein and all tainted with
irregularities; In due time, IBP Investigating Commissioner Manuel M. Maramba rendered his report and
recommendation dated October 24, 2008,5 whereby he found in favor of the complainants after giving
That in consideration1 of the amount of Thirty Thousand (Php.30,000.00) pesos whom Attorney Mariano A.
more weight and credence to their assertions than to the denial and explanation of the respondent; and
Avecilla and his wife Loreta had accepted from Angelito Ramiscal Sr. as a package deal in the
he recommended the respondent's suspension from the practice of law for one year, and the indefinite
preparation of the Falsified Deed of Sale dated December 7, 1993 and other above mentioned
revocation of the respondent's notarial commission.
documents that are instrumental in the anomalous transfer of land Title in favor of the Ramiscals' (transcript
of stenographic notes, RTC Branch 23, Roxas, Isabela dated June 11, 2003). In its Resolution No. XVIII-2009-21 dated February 19 2009,6 the IBP Board of Governors adopted and
approved the report and recommendation with modification of the recommended penalty to suspension
That Elena Gongon coufd not have thumb marked the Deed of Sale and affidavit of non-tenancy dated
from the practice of law for one year and disqualification from being commissioned as notary public for
December 7, 1993 which was notarized by Atty. Mariano A. Avecilla because Elena Gongon had already
two years.
died on May 11, 1966 and already dead for twenty seven (27) years at the date of the instruments;
The respondent sought reconsideration of the resolution,7 but the IBP Board of Governors rejected his
That Gavino Magaoay. could not have signed the request for issuance of separate titles datea April 3,
motion.8
1995 and Public Land Survey Plan PSD 02-053024 dated March 1, 1995 in favor of the Ramiscals because
he was unschooled and he died on December 3, 1963 so that he was already dead for thirty (30) years at
In the comment he submitted to the Court,9 the respondent contended that his notarization of the three By his neglect, the respondent undermined the confidence of the public on the worth of notarized
documents had riot prejudiced anyone considering that the late Gavino Maga way, the predecessor in documents. He thus breached Canon I of the Code of Professional Responsibility, by which he as an
interest of the complainants, did not repurchase the property by April 30, 1960, as stipulated between the attorney commissioned to serve as a notary public was required to uphold the Constitution, obey the laws
late Gavino Magaway, as vendor a retro, and Eleanor Gongon Flores, as the vendee a retro; that the of the land, and promote respect for the law and legal processes.19
complainants, assuming them to be the true legal heirs of the late Gavino Magaway, who had died
without issue, had nothing more to inherit; that the sale of the property had been first made on August 5, The respondent's argument that no person had been prejudiced by the execution of the documents was
1992 by Efren Vera Cruz, Sr. as the attorney-in-fact of Eleanor Gongon Flores; that on the same date, Vera undeserving of consideration.1âwphi1 There was no denying that the notarization of the deed of sale and
Cruz, Sr. had sold the portion of the property with an area of 8.479 hectares to Angelito Ramiscal, Sr. and affidavit of non-tenancy adversely affected the rights of the complainants and Eleanor Gongon Flores on
his family for ₱400,000.00; that on December 7, 1993, a woman in her mid-30's, claiming herself to be an their existing interest in the property involved in such instruments.
employee of the Office of the Registry of Deeds of Isabela, had accompanied an elderly woman to the
Time and again, the Court has reminded notaries public of the importance attached to the act of
respondent's law office to request him to notarize the ready-made deed of sale the elderly woman had
notarization. We must stress yet again that notarization is not an empty, or perfunctory, or meaningless act,
brought with her; that he had notarized the document out of pity and kindness for the elderly woman, who
for it is invested with substantial public interest. Courts and other public offices, and the public at large
had affixed her thumbprint on the document; and that the elderly woman turned out to be an impostor.
could rely upon the recitals of the acknowledgment executed by the notary public.20 For this reason,
Ruling of the Court notaries public must observe with utmost care the basic requirements in the performance of their duties.
Otherwise, the confidence of the public in the integrity of this form of conveyance would be
The findings and recommendations of the IBP Board of Governors, being supported by the records, are undermined.21
adopted.
In Lanuza v. Bangan22and Linea v. Lacebal,23we have ruled that the notarial commission of a notary public
The function of a notary public is, among others, to guard against any illegal or immoral arrangements in who fails to faithfully discharge his duties as such should be revoked, and he should be further disqualified
the execution of public documents.10 In this case, the respondent's affixing of his notarial seal on the from being commissioned as such for a period of two years. The notary public in such situation may further
documents and his signature on the notarial acknowledgments transformed the deeds of sale from private be suspended from the practice of law for one year. In this case, the same penalties should be imposed
into public documents,11 and rendered them admissible in court without further proof of their authenticity on the respondent. Indeed, his acts manifested breach of the vow he took under his Lawyer's Oath to do
because the certificate of acknowledgment constituted them the prima facie evidence of their no falsehood, and to delay no man for money or with malice.
execution.12 In doing so, he proclaimed to the world that all the parties executing the same had personally
appeared before him; that they were all personally known to him; that they were the same persons who WHEREFORE, the Court REVOKES the notarial commission of respondent ATTY. MARIANO A.
had executed the instruments; that he had inquired into the voluntariness of execution of the instrument; AVECILLA effective immediately; DISQUALIFIES him from reappointment as Notary Public for a period of
and that they had acknowledged personally before him that they had voluntarily and freely executed the two years effective immediately; SUSPENDS him from the practice of law for a period of one year effective
same.13 immediately with the WARNING that the repetition of the same or similar acts shall be dealt with more
severely; and DIRECTS him to report the date of receipt of this decision in order to determine when his
As a lawyer commissioned to be a notary public, the respondent was mandated to discharge his sacred suspension shall take effect.
duties with faithful observance and utmost respect for the legal solemnity of an oath in an
acknowledgment or jurat.14 Indeed, such responsibility was incumbent upon him by virtue of his solemn Let copies of this decision be furnished to the Office of the Bar Confidant, the Integrated Bar of the
Lawyer's Oath to do no falsehood or consent to the doing of any, and by virtue of his undertaking, Philippines, and all courts throughout the country. Let a copy of this decision be attached to the personal
pursuant to the Code of Professional Responsibility, not to engage in unlawful, dishonest, immoral or records of ATTY. MARIANO A. AVECILLA.
deceitful conduct and to uphold at all times the integrity and dignity of the legal profession.15 His failure to
SO ORDERED.
ascertain the identity of the person executing the same constituted gross negligence in the performance
of his duties as a notary public.16 As such, it is now unavoidable for him to accept the commensurate
consequences of his indiscretion.17

The respondent's rather convenient assertion that an impostor had appeared before him and affixed her
thumbprint on the ready-made deed of sale and affidavit of non-tenancy does not sway the Court. He
should have demanded that such person first prove her identity before acting on the documents she had
brought for his notarization. The objective of the requirement, which was to enable him as the notary·
public to verify the genuineness of the signature of the acknowledging party and to ascertain that the
deed of sale and affidavit of non-tenancy were the party's free act and deed,18 was not to be served as
casually as he did. By not ensuring that the person then appearing before him as the executor of the
documents was really Elena Gongon, not the impostor, he clearly did not exercise the precautions and
observe the protocols that would have easily insulated the performance of his notarial duties from forgery
and falsification.