Notarial Practice

Notary Public or a notary is any person commissioned to

perform official acts
(1) Acknowledgements;
(2) Oaths and affirmations;
(3) Jurats;
(4) Signature witnessing;
(5) Copy certifications; and
(6) Any other act authorizes in the rules

Purpose: To verify the personal appearance of affiant and the genuineness of signature

To authenticate document and verify due execution, making document admissible in evidence
without proof of authenticity

Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such
that only those who are qualified or authorized may act as notaries public…A notarial document is by law
entitled to full faith and credit upon its face. Courts, administrative agencies and the public at large must be
able to rely upon the acknowledgement executed by a notary public. [Baylon v. Almo, (2008)]

QUALIFICATIONS OF NOTARY PUBLIC

(1) Citizen of the Philippines

(2) Over 21 years of age
(3) Philippine resident for at least 1 year and maintains a
regular place of work or business in the city or province
where the commission is to be issued
(4) Member of the Philippine Bar in good standing, with
clearances from the Bar Confidant of the SC and the
IBP
(5) No conviction in the first instance for any crime
involving moral turpitude

Note: When there are no persons with the necessary qualifications OR where there are qualified persons
but they refuse appointment, a notary public does NOT have to be a lawyer. The following persons may be
appointed as notaries:

(1) Those who have passed the studies of law in a

reputable university
(2) A clerk or deputy clerk of court for a period of not less
than two years

TERM OF OFFICE OF NOTARY PUBLIC

A notarial commission is granted by an executive judge after petition of the lawyer, and is good for two
years commencing on the 1st day of January of the year in which the commission is made UNLESS earlier
revoked or the notary public has resigned according to these Rules and the Rules of Court. [Rule III, Sec. 11].

Every petition undergoes a hearing and approved after:

(1) Petition is proven sufficient in form and substance

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

POWERS AND LIMITATIONS

AUTHORITY OF THE NOTARY

What can be notarized: A notary can notarize any

document, upon request of affiant.
Sec. 1. Powers. – A notary public is
(a) Empowered to perform the following material acts:
(1) Acknowledgments;
(2) Oaths and affirmations;
(3) Jurats;
(4) Signature witnessings;
(5) Copy certifications; and
(6) Any other act authorized by these rules
(b) Authorized to certify the affixing of a signature by thumb or mark on an instrument or
document presented for notarization if:
(1) The thumb or other mark is affixed in the presence of the notary public and two (2) disinterested
and unaffected witnesses to the instrument or
document;
(2) Both witnesses sign their own names in addition of the thumb or other mark;
(3) The notary public writes below the thumb or other mark: “Thumb or Other Mark affixed by (name
and addresses of witnesses) and undersigned notary public”; and
(4) The notary public notarizes the signature by thumb or other mark through an acknowledgement, jurat, or
signature witnessing
(c) Authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument
or document if:

(1) The notary public is directed by the person unable to sign or make a mark to sign on his behalf;
(2) The signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses
to the instrument or document;
(3) Both witnesses sign their own names;
(4) The notary public writes below his signature: “Signature affixed by notary in presence of (names and
addresses of person and two (2) witnesses)” ; and
(5) The notary public notarizes his signature by acknowledgement or jurat

JURISDICTION OF NOTARY PUBLIC AND PLACE OF NOTARIZATION

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.

General Rule: Notarization of document must be at the notary public’s regular place of work.

Exceptions:
(1) In public offices, convention halls and other places where oaths of office are administered, public
function areas in hotels and similar areas used for the signing of instruments or documents requiring
notarization
(2) Hospitals and other medical institutions where a part to an instrument is confined for treatment (3) Any
place where a party to the instrument requiring notarization is under detention

(3) Any place where a party to the instrument requiring notarization is under detention.

COMPETENT EVIDENCE OF IDENTITY

Competent Evidence of Identity. - 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; or (2) The oath or affirmation of:

(a) 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,
(b) 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.
Notaries public must observe utmost care in complying with formalities intended to ensure the integrity of
the notarized document and the act it embodies. In this case, the respondent violated the Rules on Notarial
Practice when he notarized three documents presented to him by a complainant whose identity is not
personally known to him and yet he did not require proof of identity from the said person. [Gonzales v.
Padiernos (2008)]

A lawyer commissioned as notary public is mandated to subscribe to the sacred duties appertaining to his
office, such duties being dictated by public policy and impressed with public interest. Faithful observance and
utmost respect of the legal solemnity of an oath in an acknowledgment or jurat is sacrosanct. [Maligsa
v. Catanting (1997)]

REQUIREMENTS:

a. A Copy of the Certificate of Membership in the Philippines Bar – You get this after you sign your
Roll of Attorney. Have it photocopied, you do not have to have it certified.

b. Certification of no pending administrative case from the OBC – This one is the cause of delay of
all petitions. It took us a month before we can get this one. To get this, you have to go to the OBC, fill
out the form and pay the fees (about P100. 00 in 2017) plus LBC if you want them to send it to you.
One LBC can fit at least Three (3) Certificates so you can split the cost with your friends. What we
did is that we gave one address (our friend) and have all our OBC Clearance sent there. By the way,
it took as a month before we had our OBC Clearance.

To avoid delay, go to the OBC after Roll signing and fill out the form for your Notarial Commission.

c. Certificate of Good Moral Character by two executive officers of the Local Chapter – Get this from
your local chapter. I Important: Bring your IBP receipt before going there. You can get this
immediately depending on your chapter.

d. Clearance from the Office of the Clerk of Court (RTC Clearance) – Go to the RTC Clerk of Court
and pay the fees. You can get this within Thirty Minutes to an hour.

e. NBI Clearance

f. Three (3) Specimen Signature – Sign a blank bond paper with the signature that you want to use.
I am sure that most of us have been experimenting with our signature since First Year Law.

g. Three (3) Pieces of Passport sized ID – Paste/glue it in a piece of bond paper.

h. IBP Membership Receipt – You will get this once you paid your fees in the Supreme Court
i. PTR Receipt – Get this from your City/Municipal Hall, get your CEDULA first tell them that you are
a NEW LAWYER with no office yet. Bring your CEDULA to the counter for PTR Receipt, tell them
that you are a NEW LAWYER. The fee will not exceed P500.

STEP 2: Filing Your Petition

How to become a Notary Public for new Bar Passers in the Philippines. Now that you have
everything, you have to draft your petition and mark everything as Annex A to infinity. Ask your
friends if they have a copy of the Petition or go to the Clerk of Court and inquire.

You have to have your Petition together with the Annexes checked by the Clerk of Court first before
paying for the filing fee.

Step 3: Publication

You do not have the liberty to choose which newspaper will publish your petition. The court will
conduct a raffle and the chosen newspaper will publish and give you the affidavit of publication. The
fees that we paid is P2500 each lawyer, other batches paid P1500 each, others P650 each. Yes,
very expensive. However, we filed a petition for recomputation before the OCC and we were able to
get around Php 1500 refund each. Newspapers have prescribed rates, so always ask for
recomputation. Only one person can file the petition and it benefited us all. One of our fellow
applicant filed the petition the day after the hearing and after we asked the Clerk of Court regarding
the excessive publication fee. (Update)

Step 4: Hearing