Notes on Rules and Forms on Notarial Practice

I. Definition of terms: Notary Public and Notaty: Under Rule II SEC. 9 a "Notary Public" and "Notary" refer to any person commissioned to perform official acts under these Rules. Commission: Under Rule II SEC. 3 "Commission" refers to the grant of authority to perform notarial acts and to the written evidence of the authority. Notarial Act and Notarization: Under Rule II SEC. 7 "Notarial Act" and "Notarization" refer to any act that a notary public is empowered to perform under these Rules. Competent Evidence of Identity: Under Rule II Sec. 12 "competent evidence of identity" refers to the identification of an individual based on: (a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or (b) the oath or affirmation of one credible witness not privy to the 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. Component Evidence of Identity. The phrase "competent evidence of identity" refers to the identification of an individual based on: (a) 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:
Passport Drivers license Professional Regulations Commission ID, National Bureau of Investigation clearance, Police clearance, Postal ID, Voters 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 ID, Seamans book, Alien certificate of registration/immigrant certificate of registration, Government office ID, etc,,

II. Qualifications of a Notary: Under Rule III SEC. 1 a notarial commission may be issued by an Executive Judge to any qualified person who submits a petition in accordance with these Rules. (1) must be a citizen of the Philippines; (2) must be over twenty-one (21) years of age; (3) must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or province where the commission is to be issued; (4) must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and (5) must not have been convicted in the first instance of any crime involving moral turpitude. III. Procedure and forms in applying for a commission: STEP 1: PEITION Under Rule III SEC. 2 every petition for a notarial commission shall be in writing, verified, and shall include the following: (a) 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; , (b) certification of good moral character of the petitioner by at least two (2) executive officers of the local chapter of the Integrated Bar of the Philippines where he is applying for commission; (c) proof of payment for the filing of the petition as required by these Rules; and (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 part of the photographs. STEP 2: PUBLICATION AND HEARING Under Rule III SEC. 5 a notice of summary hearing shall be published in a newspaper of general circulation in the city or province where the hearing shall be conducted and posted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court. The cost of the publication shall be borne by the petitioner. The notice may include more than one petitioner. (b) The notice shall be substantially in the following form; NOTICE OF HEARING 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 the grant of the petition may file a verified written opposition thereto, received by the undersigned before the date of the summary hearing. ______________ Executive Judge

Under Rule III SEC. 6 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. STEP 3: ISSUANCE OF COMMISION Under Rule III SEC. 7the commissioning of a notary public shall be in a formal order signed by the Executive Judge substantially in the following form: REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF ______________ 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 public, within and for the said jurisdiction, for a term ending the thirty-first day of December (year) _______________ Executive Judge Under Rule III SEC. 9 the Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the following form: REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF_____________ CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL This is to authorize (name of notary public) of (city or province) who was commissioned by the undersigned as a notary public, within and for the said jurisdiction, for a term ending, the thirty-first of December (year) to purchase a notarial seal. Issued this (day) of (month) (year). _______________ Executive Judge IV. NOTARIAL ACTS 1. Acknowledgment. - "Acknowledgment" refers to an act in which an individual on a single occasion: (a) appears in person before the notary public and presents an integrally complete instrument or document; (b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and (c) 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. (REPUBLIC OF THE PHILIPPINES) CITY OF CEBU ) S.s.

BEFORE ME A NOTARY PUBLIC, for the City of Cebu, personally came and appeared MATEO CABALUNA, whose identity is proven by his Non-Professional Drivers License No. 12345 valid until September 2009 and presented his CTC No. 7545 issued on 1/2/06 at Cebu

City, Philippines, and who acknowledged to me that the same is his free and voluntary act and deed. 2. Affirmation or Oath. - The term "Affirmation" or "Oath" refers to an act in which an individual on a single occasion: (a) appears in person before the notary public; (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 (c) avows under penalty of law to the whole truth of the contents of the instrument or document. 3. Jurat. - "Jurat" refers to an act in which an individual on a single occasion: (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 evidence of identity as defined by these Rules; (c) signs the instrument or document in the presence of the notary; and (d) takes an oath or affirmation before the notary public as to such instrument or document. SUBSCRIBED AND SWORN TO BEFORE ME by MATEO CABALUNA, who is personally known to me and presented his CTC No. 7545 issued on 1/2/06 at Cebu City, Philippines, and who is the same person who personally signed before me the foregoing affidavit and acknowledged that he executed the same. NOTARY PUBLIC 4. Signature Witnessing. -The term "signature witnessing" refers to a notarial act in which an individual on a single occasion: (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 evidence of identity as defined by these Rules; and (c) signs the instrument or document in the presence of the notary public. BEFORE ME, a Notary Public in and for the City of Dumaguete, this 3rd day of November 2007, personally appeared PEDRO CRUZ who presented to me ( name of document) which he voluntarily signed in my presence. WITNESS MY HAND AND SEAL this_day of November 2007 at Dumaguete City 5. Certification. - "Copy Certification" refers to a notarial act in which a notary public:

(a) is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable; (b) copies or supervises the copying of the instrument or document; (c) compares the instrument or document with the copy; and (d) determines that the copy is accurate and complete.

This is to certify that I was presented with a______(name of instrument) which is neither a vital record, a public record, nor publicly recordable; that I copied/supervised the copying of the instrument; and that I compared the copied instrument with the original copy and I hereby certify that the copy is accurate and complete.

6. Other act authorized by these Rules. (b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if: (1)the thumb or other mark is affixed in the presence of the notary public and 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. ( Thumbmark of Pedro Aurellano) (Sgd. Maria Clara) (Sgd. Jose Abad)

Thumbmark affixed by Pedro Aurellano in the presence of Maria Clara, a resident of Cebu City, and Jose Abad, a resident of Tagbilaran City, and the undersigned Notary Public. NOTARY (c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if: (1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf; (2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document; (3) both witnesses sign their own names ; (4) the notary public writes below his signature: "Signature affixed by notary in presence of (names and addresses of person and two \2] witnesses)"; and (5) the notary public notarizes his signature by acknowledgment or jurat.

V. SIGNATURE AND SEAL OF NOTARY PUBLIC SECTION 1. Official Signature. - In notarizing a paper instrument or document, a notary public shall: (a) sign by hand on the notarial certificate only the name indicated and as appearing on the notary's commission; (b) not sign using a facsimile stamp or printing device; and (c) affix his official signature only at the time the notarial act is performed. SEC. 2. Official Seal. - (a) Every person commissioned as notary public shall have a seal of office, to be procured at his own expense, which shall not be possessed or owned by any other person. It shall be of metal, circular in shape, two inches in diameter, and shall have the name of the city or province and the word "Philippines" and his own name on the margin and the roll of attorney's number on the face thereof, with the words "notary public" across the center. A mark, image or impression of such seal shall be made directly on the paper or parchment on which the writing appears. VI. NOTARIAL CERTIFICATES Notarial Certificate refers to the part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary's signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules. 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 by the Supreme Court and in applicable laws. The notarial certificate shall include the following: (a) the name of the notary public as exactly indicated in the commission; (b) the serial number of the commission of the notary public; (c) the words "Notary Public" and the province or city where the notary public is commissioned, the expiration date of the commission, the office address of the notary public; and (d) the roll of attorney's number, the professional tax receipt number and the place and date of issuance thereof, and the IBP membership number. VII. CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC A certificate of authority evidencing the authenticity of the official seal and signature of a notary public shall be issued by the Executive Judge upon request in substantially the following form: CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public), the person named in the seal and signature on the attached document, is a Notary Public in and for the (City/Municipality/Province) of the Republic of the Philippines and authorized to act as such at the time of the document's notarization. IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) day of (month) (year). _________________ (official signature) (seal of Executive Judge)