RULES ON NOTARIAL PRACTICE

Atty. Louie John D. Lood

Notarial Practice

2004 RULES ON NOTARIAL PRACTICE

A.M. NO. 02-8-13-SC
Notarial Practice

What is the purpose of the notarial law?

• 1. To promote, serve, and protect public interest;

• 2. To simplify, clarify, and modernize the rules governing notaries public;

and

• 3. To foster ethical conduct among notaries public. (Sec. 2, Rule I, A.M.

No. 02-8-13-SC)
Notarial Practice

Who is a notary public?

• “Notary Public" and "Notary" refer to any person
commissioned to perform official acts under the rules on
Notarial Practice. (Sec. 9, Rule II, A.M. No. 02-8-13-SC)

• A person appointed by the court whose duty is to attest

to the genuineness of any deed or writing in order to
render them available as evidence of facts stated therein
and who is authorized by the statute to administer
various oaths.
Notarial Practice

What must one possess to qualify as a notary public?

• To be eligible for commissioning as notary public, the petitioner must be:

• 1. A citizen of the Philippines;
• 2. Over 21 years of age;
• 3. A resident in the Philippines 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. A member of the Philippine Bar in good standing with clearances from the Office
of the Bar Confidant of the Supreme Court and the Integrated Bar of the
Philippines; and
• 5. Has not been convicted in the first instance of any crime involving moral
turpitude. (second par., Sec. 1, Rule III,2004 Rules on Notarial Practice, A.M.
No.02-8-13-SC)
Notarial Practice
Form of the petition and supporting documents for a notarial commission

Every petition for a notarial commission shall be in writing, verified, and shall include the
following:

1. A statement containing the petitioner's personal qualifications, including the petitioner's date of
birth, residence, telephone number, professional tax receipt, roll of attorney's number and IBP
membership number;

2. Certification of good moral character of the petitioner by at least 2 executive officers of the local
chapter of the Integrated Bar of the Philippines where he is applying for commission;

3. Proof of payment for the filing of the petition as required by the Rules on Notarial Practice; and

4. Three passport-size color photographs with light background taken within 30 days of the
application. The photograph should not be retouched. The petitioner shall sign his name at the bottom
part of the photographs. (Sec. 2,Rule III, A.M. No.02-8-13-SC)

Note: Every petitioner for a notarial commission shall pay the application fee as prescribed in the
Rules of Court. (Sec. 3, Rule III, A.M. No. 02-8-13-SC)
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Summary Hearing on the Petition

• The Executive Judge shall conduct a summary hearing on the petition and shall grant
the same if:

• a) the petition is sufficient in form and substance;

• b) the petitioner proves the allegations contained in the petition; and
• c) the petitioner establishes to the satisfaction of the Executive Judge that he has read
and fully understood these Rules.

• The Executive Judge shall forthwith issue a commission and a Certificate of

Authorization to Purchase a Notarial Seal in favor of the petitioner. (Sec. 4, Rule III,
A.M. No. 02-8-13-SC)

• Note: Any person who has any cause or reason to object to the grant of the petition
may file a verified written opposition thereto. The opposition must be received by the
Executive Judge before the date of the summary hearing. (Sec. 6, Rule III, A.M. No.
02-8-13-SC)
Notarial Practice

Commission
• It refers to the grant of authority to perform notarial acts and to
the written evidence of the authority. (Sec. 3, Rule II,
A.M. 02-8-13-SC)

• A notarial commission may be issued by an Executive Judge to

any qualified person who submits a petition in accordance with
the Rules on Notarial Practice. (first par., Sec. 1, Rule III, A.M.
No. 02-8-13-SC)
Notarial Practice

Jurisdiction and term

• A person commissioned as notary public may
perform notarial acts in any place within the
territorial jurisdiction of the commissioning court
for a period of two (2) years commencing the first
day of January of the year in which the
commissioning is made, unless earlier revoked or
the notary public has resigned under these Rules
and the Rules of Court.(Section 11, Rule III, A. M.
No. 02-8-13-SC)
Notarial Practice

May the term be renewed?

• Yes.
• A notary public may file a written application with the Executive Judge 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.

• Failure to file said application will result in the deletion of the name of the notary
public in the register of notaries public.

• 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. (Sec. 13, Rule III, A.M. No. 02-8-13-SC)
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What are the powers of a notary public?

• A notary public is empowered to perform the following
notarial acts:

• 1. Acknowledgements;
• 2. Oaths and affirmations;
• 3. Jurats;
• 4. Signature witnessings;
• 5. Copy certifications; and
• 6. Any other act authorized by these rules (Section 1(a),
Rule IV, A.M. No. 02-8-13-SC)
Notarial Practice

What is an acknowledgement?

• Acknowledgment refers to an act in which an individual on a single occasion:

• 1. Appears in person before the notary public and presents an integrally complete instrument
or document;

• 2. Is attested to be personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by the Rules on Notarial Practice; and

• 3. Represents to the notary public that the signature on the instrument or document was
voluntarily affixed by him for the purposes stated in the instrument or document, declares
that he has executed the 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. 1, Rule II, A.M. 02-8-13-SC)
Notarial Practice

What is affirmation or oath?

• It refers to an act in which an individual on a single occasion:

• 1. Appears in person before the notary public;

• 2. Is personally known to the notary public or identified by the notary public

through competent evidence of identity as defined by the Rules on Notarial
Practice; and

• 3. Avows under penalty of law to the whole truth of the contents of the instrument
or document. (Sec. 2, Rule II,A.M. No. 02-8-13-SC)
Notarial Practice

What is a jurat?

• It refers to an act in which an individual on a single occasion:

• 1. Appears in person before the notary public and presents an instrument or

document;

• 2. Is personally known to the notary public or identified by the notary public

through competent evidence of identity as defined by the Rules on Notarial
Practice;

• 3. Signs the instrument or document in the presence of the notary; and

• 4. Takes an oath or affirmation before the notary public as to such instrument or

document. (Sec. 6, Rule II, A.M. 02-8-13-SC)
Notarial Practice
What is signature witnessing?

• It refers to a notarial act in which an individual on a single occasion:

• 1. Appears in person before the notary public and presents an

instrument or document;

• 2. Is personally known to the notary public or identified by the notary

public through competent evidence of identity as defined by the Rules
on Notarial Practice; and

• 3. Signs the instrument or document in the presence of the notary

public. (Sec. 14,Rule II, A. M. No. 02-8-13-SC)
Notarial Practice
What is copy certification?

• It refers to a notarial act in which a notary public:

• 1. Is presented with an instrument or document that is neither a vital record, a

public record, nor publicly recordable;

• 2. Copies or supervises the copying of the instrument or document;

• 3. Compares the instrument or document with the copy; and

• 4. Determines that the copy is accurate and complete. (Sec. 4, Rule II, A.M.
02-8-13-SC )

• Note: The document copied must be an original document. It cannot be a copy

itself.
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Is a notary public authorized to certify the affixing of a signature by thumb or other

mark on an instrument or document presented for notarization?

• Yes. It is also within the powers of a notary public, provided:

• The thumb or other mark is affixed in the presence of the notary public and of two (2)
disinterested and 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 signatory by mark) in the presence of (names and addresses of witnesses) and
undersigned notary public”, and

• 4. The notary public notarizes the signature by thumb or other mark through an
acknowledgment, jurat or signature witnessing. (Sec. 1(b), Rule IV, A.M. No.02-8-13-SC)
Notarial Practice
Is a notary public authorized to sign on behalf of a person who is
physically unable to sign or make a mark on an instrument or
document?

• Yes. It likewise falls within the powers of a notary public, provided:

• 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 2 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 the presence of
(names and addresses of person and 2 witnesses)”, and

• 5. The notary public notarizes his signature by acknowledgment or jurat. (Sec. 1(c),Rule IV,
A.M. 02-8-13-SC)
Notarial Practice

How should a notary public notarize an instrument or document?

• In notarizing an instrument or document, a notary public shall:

• 1. Sign by hand on the notarial certificate only the name indicated and
as appearing on the notary's commission;

• 2. Not sign using a facsimile stamp or printing device; and

• 3. Affix his official signature only at the time the notarial act is
performed. (Sec. 1, Rule VII, A.M. 02-8-13-SC)
Notarial Practice
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:

(1) public offices, convention halls, and similar places where oaths of office may be
administered;

(2) public function areas in hotels and similar places for the signing of instruments or
documents requiring notarization;

(3) hospitals and other medical institutions where a party to an instrument or document is
confined for treatment; and

(4) any place where a party to an instrument or document requiring notarization is under
detention. (Sec. 2 (a), Rule IV, A.M. No.02-8-13-SC)
Notarial Practice
What is the phrase “regular place of work or business” of a
notary public mean?

• The regular place of work or business refers to a stationary office in the city or
province wherein the notary public renders legal and notarial services. (Sec. 11,
Rule II, A.M. No.02-8-13-SC)

Can a notary public perform a notarial act outside his

jurisdiction and his regular place of work or business?

• Rule: A notary public shall not perform a notarial act outside his jurisdiction and
his regular place of work or business.

• Exception: A notarial act may be performed at the request of the parties in the
following sites (provided under (Sec. 2 (a), Rule IV, A.M. No.02-8-13-SC), other
than his regular place of work or business, located within his territorial jurisdiction.
Notarial Practice

PROHIBITIONS
B. A notary public shall not perform a notarial act if the person involved as
signatory to the instrument or document –

(1) is not in the notary's presence personally at the time of the notarization; and

(2) is not personally known to the notary public or otherwise identified by the
notary public through competent evidence of identity as defined by these Rules.
(Sec. 2 (b), Rule IV, A.M. No.02-8-13-SC)
Notarial Practice
What is competent evidence of identity?
• It refers to the identification of an individual based on:
• 1. At least one current identification document issued by an official agency bearing the photograph and
signature of the individual such as but not limited to:
• a. Passport,
• b. Driver’s license,
• c. Professional Regulation Commission ID,
• d. National Bureau of Investigation clearance,
• e. Police clearance,
• f. Postal ID,
• g. Voter’s ID,
• h. Barangay Certification,
• i. Government Service Insurance System e-card,
• j. Social Security System card,
• k. Philhealth card,
• l. Senior Citizen card,
• m. Overseas Workers Welfare Administration (OWWA) ID,
• n. OFW ID,
• o. Seaman’s book,
• p. alien certificate of registration,
• q. government office ID,
• r. certification from the National Council for the Welfare of Disabled Persons (NCWDP),
• s. Department of Social Welfare Development (DSWD) certification; (Amendment to Sec. 12 (a), Rule II of the
2004 Rules on Notarial Practice, Feb. 19, 2008) or
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What is competent evidence of identity?
• It refers to the identification of an individual based on:

• 2. The oath or affirmation of one credible witness not privy to the instrument,
document or transaction 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 the individual
and shows to the notary public documentary identification. (Sec. 12 (b), Rule II of the
2004 Rules on Notarial Practice)

• Note: These are in addition to the presentation of the signatories’ Community Tax
Certificate (CTC). Section 163 of the Local Government Code:

• “(a) When an individual subject to the community tax acknowledges any document before a
notary public, … it shall be the duty of any person, officer, corporation with whom such
transaction is made… to require such individual to exhibit the community tax certificate.”
Notarial Practice
DISQUALIFICATIONS
A notary public is disqualified from performing a notarial act if he:

(a) is a party to the instrument or document that is to be notarized;

(b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest,
cash, property, or other consideration, except as provided by these Rules and by law; 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, A.M. No. 02-8-13-SC)

Note: The function of a notary public is, among others, to guard against any illegal or immoral
arrangements. That function would be defeated if the notary public is one of the signatories to the
instrument. For then, he would be interested in sustaining the validity thereof as it directly involves
himself and the validity of his own act. It would place him in an inconsistent position, and the very
purpose of the acknowledgment, which is to minimize fraud, would be thwarted. (Villarin v. Sabate,
A.C. No. 3224, Feb. 9, 2000)
Notarial Practice

When may a notary public refuse to notarize even if the

appropriate fee is tendered?

• (a) the notary knows or has good reason to believe that the notarial act or transaction is
unlawful or immoral;

• (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

• (c) in the notary's judgment, the signatory is not acting of his or her own free will. (Sec.4,
Rule V, A.M. No. 02-8-13-SC)

• (d) If the document or instrument to be notarized is considered as an improper document

by the Rules on Notarial Practice.

• Note: Improper instrument/document is a blank or incomplete instrument or an

instrument or document without appropriate notarial certification. (Sec. 6,Rule V, A.M.
No. 02-8-13-SC)
Notarial Practice

What is a notarial certificate?

• It refers to the part of, or attachment to a notarized instrument or document that is

completed by the notary public which bears the notary's signature and seal, and states the
facts attested to by the notary public in a particular notarization as provided for by the
Rules on Notarial Practice. (Sec. 8, Rule II, A. M. No. 02-8-13)

What must the notarial certificate contain?

• 1. The name of the notary public as exactly indicated in the commission;

• 2. The serial number of the commission of the notary public;
• 3. The words "Notary Public" and the province or city where the notary public is
commissioned, the expiration date of the commission, the office address of the notary
public; and
• 4. The roll of attorney's number, the professional tax receipt number and the place and
date of issuance thereof, and the IBP membership number. (Sec. 2, Rule VIII, A.M.
02-8-13-SC)
Notarial Practice

Jurat; Notarial Certificate

Notarial Register

What is a Notarial Register?

• It refers to a permanently bound book with numbered pages

containing a chronological record of notarial acts performed by a
notary public. (Sec. 5, Rule II, A.M. No. 02-8-13-SC)

• Note: 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 document the page/s of his register on
which the same is recorded. No blank line shall be left between
entries. (Sec. 2(e), Rule VI, A.M. No. 02-8-13-SC)
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What are the effects of notarization?

• 1. The notary, in effect, proclaims to the world that:

• a. All the parties therein personally appeared before him;
• b. They are personally known to him;
• c. They are the same persons who executed the instrument;
• d. He inquired into the voluntariness of the execution of the instrument;
• e. They acknowledge personally before him that they voluntarily and freely
executed the same.
• 2. Converts a private document into a public one and renders it admissible in
court without further proof of its authenticity.
• 3. Documents enjoy a presumption of regularity. It constitutes prima facie
evidence of the facts which give rise to their execution and of the date of said
execution, but not of the truthfulness of the statement.
Notarial Practice

Who can revoke a notarial commission?

• The notarial commission may be revoked by:

• 1. The Executive Judge of the RTC who issued the

commission.(Sec. 1, Rule XI, A.M. No. 02-8-13-SC)
or;

• 2. By the Supreme Court itself in the exercise of its

general supervisory powers over lawyers.
Notarial Practice
Grounds for Revocation of Notarial Commission
(Sec. 1, Rule XI, Rule on Notarial Practice)
(a) The Executive Judge shall revoke a notarial commission for any ground on which an application for a
commission may be denied.
(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative
sanctions upon, any notary public who:
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his notarial register concerning his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month
following;
(4) fails to affix to acknowledgments the date of expiration of his commission;
(5) fails to submit his notarial register, when filled, to the Executive Judge;
(6) fails to make his report, within a reasonable time, to the Executive Judge
concerning the performance of his duties, as may be required by the judge;
(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;
(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
(11) commits any other dereliction or act which in the judgment of the Executive
Judge constitutes good cause for revocation of commission or imposition of
administrative sanction.