SALIENT PROVISIONS OF THE 2004 RULES

ON NOTARIAL PRACTICE, AND ON NOTARIES

AND NOTARIAL ACTS IN SOME OTHER
COUNTRIES

OBJECTIVE/S:
1. To affirm the following salient provisions of the 2004 Rules
on Notarial Practice:
a. Section 11. 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 court is made, unless earlier revoked or the
notary public has resigned under these Rules and the Rules
of Court.

b. Sec. 2.

Entries in the Notarial Register. (a) For every notarial act, the
notary shall record in the notarial register at the time of notarization the following:
The entry number and page number;
The date and time of day of the notarial act;
The type of notarial act;
The title or description of the instrument, document or proceeding;
The name and address of each principal;
The competent evidence of identity as defined by these Rules if the signatory is
not personally known to the notary;
The name and address of each credible witness swearing to or affirming the
persons identity;
The fee charged for the notarial act;
The address where the notarization was performed if not in the notarys regular
place of work or business; and any other circumstance the notary public may
deem of significance or relevance.

c. Rule II, Sec. 12(a) of the Rules

(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 Regulation 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, certification
from the National Council for the Welfare of Disabled Persons (NCWDP), Department
of Social Welfare and Development (DSWD) certification; x xx

- We believe that these provisions remain to be valid until the present. Therefore, these
must be complied with. And whoever violates these must suffer the penalty or sanction
prescribed by law.

2. To present researched facts on the

notarial acts and notaries in other
country;

3. To determine the distinct features of

the 2004 Rules on Notarial Practice and
how they differ from those of other

From these objectives, our report focuses on:

- Those cited provisions.
- The notaries and notarial acts in other countries, particularly:
Australia,
Canada,
British Colombia,
India,
Iran,
Ireland,
Sri Lanka,
United Kingdom,
United States, and
Embassies and Consulates.

I.
Section 11. 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 court is made, unless earlier
revoked or the notary public has resigned under
these Rules and the Rules of Court.

Under our 2004 Rules on Notarial

Practice, in order to become a
notary public, authority to perform
notarial acts must be granted, that
is, the issuance of a commission
as notary public is required.

 As held in Zoreta vs. Atty. Simpliciano, A.C. No. 6492,

November 18, 2004, a lawyers act of notarizing documents
without the requisite commission therefore is reprehensible,
constituting not only malpractice of law but also the crime of
falsification of public documents. In the case of Nunga vs.
Viray, the Court had occasion to state that where the
notarization of a document is done by a member of the
Philippine Bar at a time when he has no authorization or
commission to do so, the offender may be subjected to
disciplinary action. For one, performing a notarial without such
commission is a violation of the lawyers oath to obey the
laws.Then, too, by making it appear that he is duly
commissioned when he is not, he is, for all legal intents and
purposes, indulging in deliberate falsehood, which the lawyers
oath similarly proscribes. These violations fall squarely within

 In the case of Judge Laquindanum vs. Atty. Quintana, A.C. No. 7036, June 29,
2009, the Supreme Court revoked the notarial commission of respondent Atty. Quintana,
disqualified him from being commissioned as notary public for a period of two (2) years
and suspended him from the practice of law for six (6) months effective immediately, with
a warning that a repetition of a similar violation would be dealt with even more severely.
The administrative case against Atty. Quintana stemmed from a letter addressed to the
Court filed by Executive Judge Laquindanum of the RTC of Midsayap, Cotabato requesting
that proper disciplinary action be imposed on him for performing notarial functions in
Midsayap, Cotabato which is beyond the territorial jurisdiction of the commissioning court
that issued his notarial commission, and for allowing his wife to do notarial acts in his
absence.
The Office of the Bar Confidant of the Supreme Court stated that under Sec. 11 of the
Rules, respondent may perform his notarial acts within the territorial jurisdiction of the
commissioning court which was in Cotabato City and the Province of Maguindanao only.
But definitely he could not extend his commission as notary public in Midsayap or
Kabacan and in any place of the province of Cotabato as he was not commissioned
thereat to do such act. Midsayap and Kabacan were not part of either Cotabato City or
Province of Maguindanao but part of the province of North Cotabato. Thus, the claim of
respondent that he could exercise his notarial commission in Midsayap, Cotabato because
Cotabato City was part of the province of Cotabato was absolutely devoid of merit

CONCLUSION: As held by the Court, the

act of notarizing documents outside ones
area of commission is not to be taken
lightly. Aside from being a violation of
Sec. 11 of the 2004 Rules on Notarial
Practice, it also partakes of malpractice of
law and falsification of public documents.
Also, a notarial commission should not be
treated as a money-making venture. It is
a privilege granted only to those who are

II.
Sec. 2 of Rule VI of the 2004 Rules on Notarial Practice provides:
Sec. 2. Entries in the Notarial Register. (a) For every notarial act, the notary shall record in the notarial register at
the time of notarization the following:
The entry number and page number;
The date and time of day of the notarial act;
The type of notarial act;
The title or description of the instrument, document or proceeding;
The name and address of each principal;
The competent evidence of identity as defined by these Rules if the signatory is not personally known to the
notary;
The name and address of each credible witness swearing to or affirming the persons identity;
The fee charged for the notarial act;
The address where the notarization was performed if not in the notarys regular place of work or business; and
any other circumstance the notary public may deem of significance or relevance.
This provision of the notarial law does not expressly provide that a notary public should be personally
responsible and accountable for all his entries in his notarial register. However, jurisprudence provides that a
notary public is personally accountable for all entries in his notarial register. He cannot delegate the
responsibility or recording to the notarial register his particular notarial act.

 This provision of the notarial law does not

expressly provide that a notary public
should be personally responsible and
accountable for all his entries in his
notarial register. However, jurisprudence
provides that a notary public is personally
accountable for all entries in his notarial
register.
He
cannot
delegate
the
responsibility or recording to the notarial
register his particular notarial act

 In Vda. De Rosales vs. Ramos, it was said that these issues

are actually happening in our legal system. The reason maybe is
that it is more convenient for the lawyer to have his secretary to
sign or notarized the document of the prospective client. The
notarial registry is a record of the notary public officials acts.
Acknowledged documents and instruments recorded in it are
considered public documents. If the document or instrument
does not appear in the notarial records and there is no copy of it
therein, doubt is engendered that the document or instrument
was not really notarized, so that it is not a public document and
cannot bolster any claim made based on this document.
Considering the evidentiary value given to notarized documents,
the failure of the notary public to record the document in his
notarial registry is tantamount to falsely making it appear that
the document was notarized when in fact it was not. This is a

 The Court also stressed in the case of Judge

Laquindanum vs. Atty. Quintana that Atty. Quintana
was personally accountable for the documents that he
admitted were signed by his wife. He cannot relieve
himself of liability by passing the blame to his wife. He
is, thus guilty of violating Canon 9 of the Code of
Professional Responsibility, which requires lawyers not
to directly or indirectly assist in the unauthorized
practice of law.
Also, it was held in said case that Notarizing documents
without the presence of the signatory to the document
is a violation of Sec. 2 (b)(1), Rule IV of the 2004 Rules
on Notarial Practice, Rule 1.01 of the Code of

III
COMPETENT EVIDENCE OF IDENTITY
Among other matters, the 2004 Rules on Notarial Practice require parties to
instruments to present competent evidence of their identity to the notary public.
On February 19, 2008, the Supreme Court amended Rule II, Sec. 12(a) of the
Rules and enumerated the acceptable competent evidence of identity:

(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 Regulation 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, certification

 While the Rules require the presentation of competent evidence of

identity, it does not mention community tax certificates or cedulas or
residence certificates which, prior to the effectivity of the Rules, were
the only documents that parties to instruments were required to
present to notaries public.
In sum, competent evidence of identity do not take the place of
cedulas. The latter are not competent evidence of identity (footnote
19, Williams v. Icao, AC No. 6882, December 24, 2008; Baylon
v. Almo, AC No. 6982, 555 SCRA 249, 253 [2008]), which the
affiant is required to present to the notary if he is not personally
known to him. In contrast, the affiant is required by law to present
his cedula to the notary for each notarial act, regardless of whether
or not he is known to the latter.
While the Rules do not mention cedulas in Baylon v. Almo, the
Supreme Court even stated that it did not include cedulas in the list
of competent evidence of identity, which seems to indicate the

 But is there really a conflict between the Rules and the laws
requiring the presentation of the cedula? It is submitted that there is
none. The requirement for the presentation of competent evidence of
identity does not abridge or expand the scope of the laws affecting notarial
practice since its purpose is to protect the integrity of the notarial act.
Secondly, the Rules silence on the matter of cedulas should not be taken
as proof that these are now unnecessary.
Clearly, the laws affecting notarial practice and the Rules can be applied
simultaneously, and thus harmonized. In short, the presentation of a
competent evidence of identity, if required, will not bar the presentation of
the cedula, and vice-versa.
Hence, it is only when the party or parties is/are not personally known to
the notary that they must present competent evidence of their identity to
him; or in the alternative, 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,

NOTARIES AND NOTARIAL ACTS IN OTHER

COUNTRIES
A notary, in almost allcommon lawjurisdictions other than most of North America,
is a practitioner trained in the drafting and execution of legal documents.
Documents certified by notaries are sealed with the notary'ssealor stamp and
are recorded
by the
notary in atoregister
(alsocountries
called a which
"protocol")
maintained and
In countries
subscribing
the
For
are not
permanently
known as "notarial
acts".
Hague kept by him or her. These are
subscribers
to that convention,
Convention Abolishing the Requir
ement of Legalization for Foreig
n Public Documents or Apostille
Convention, only one further act
of certification is required,
known as anapostille, and is
issued by a government
department (usually the Foreign
Affairs Department or similar).

an "authentication" or
"legalization" must be provided
by one of a number of methods,
including by the Foreign Affairs
Ministry of the country from
which the document is being
sent or the embassy, ConsulateGeneral, consulate or High
Commission of the country to

AUSTRALIA
In all Australian States and Territories (except Queensland) notaries public are
appointed by theSupreme Court of the relevant State or Territory . Very few have
been appointed as a notary for more than one State or Territory.
Queensland, likeNew Zealand, continues the practice of appointment by the
Archbishop of Canterbury acting through theMaster of the Faculties.
Most
Australian
notaries
are
lawyers
and
are
members
of
The Society of Notaries of New South Wales Inc., but the overall number of lawyers
who choose to become a notary is relatively low. For example, inSouth Australia(a
State with a population of 1.5 million), of the over 2,500 lawyers in that state only
about 100 are also notaries and most of those do not actively practice as such. In
Melbourne,Victoria, in 2002 there were only 66 notaries for a city with a population
of 3.5 million and only 90 for the entire state. Compare this with the United States
where it has been estimated that there are nearly 5 million notaries for a nation with
a population of 296 million.
As a general rule, an applicant for appointment as a notary should be a legal
practitioner of several years standing at least.
However, there are three significant differences between notaries and other lawyers.

 The duty of a notary is to the transaction as a whole, and not just to one of the parties.
In certain circumstances a notary may act for both parties to a transaction as long as
there is no conflict between them, and in such cases, their duty is to ensure that the
transaction that they conclude is fair to both sides.
A notary will often need to place and complete a special clause onto or attach a special
page (known as aneschatocol) to a document in order to make it valid for use overseas.
It is usual for Australian notaries to use an embossed seal with a red wafer, and now
some Notaries also use an inked stamp replicating the seal. It is also common for the
seal or stamp to include the notary's chosen logo or symbol.
In South Australia andScotland, it is acceptable for a notary to use the letters "NP" after
their name. Thus a South Australian notary may have "John Smith LLB NP" or similar on
his business card or letterhead.
Australian notaries do not hold "commissions" which can expire. Generally,
once appointed they are authorized to act as a notary for life and can only be
"struck off" the Roll of Notaries for proven misconduct. In certain states, for
example, New South Wales and Victoria, they cease to be qualified to
continue as a notary once they cease to hold a practicing certificate as a legal
practitioner. Even judges, who do not hold practicing certificates, are not eligible to
continue to practice as notaries.

CANADA
Canadian notaries public (except in the Province ofBritish ColumbiaandQuebec) are
very much like their American counterparts, generally restricted to administering
oaths, witnessing signatures on affidavits and statutory declarations, providing
acknowledgements, certifying true copies, and so forth.

British Columbia
InBritish Columbia, a notary public is more like aBritishorAustralian notary. Notaries
are appointed for life by theSupreme Court of British Columbia and as a self-regulating
profession, the Society of Notaries Public of British Columbia is the regulatory body
overseeing and setting standards to maintain public confidence. A BC Notary is also a
Commissioner for Taking Affidavits for British Columbia, by reason of office.
Furthermore, BC notaries exercise far greater power, able to dispense legal advice and
draft public instruments including:
Notarization
notarizations/attestations of signatures, affidavits, statutory declarations, certified true copies, letters
of invitation for foreign travel, authorization of minor child travel, execution/authentications of
international documents, passport application documentation, proof of identity for travel purposes

Iran
Notary public is a trained lawyer that should pass some special examinations to be able to
open their office and start their work. Persian meaning of this word ismeans head of
the office and their assistant called. Both these persons should have bachelor's
degree in law or master's degree in civil-law.

Ireland
Notaries public cannot agree on a standard fee due to competition law. In practice the
price per signature appears to be 65. A cheaper alternative is to visit a commissioner for
oaths who will charge less per signature, but that is only possible where whomever is to
receive a document will recognize the signature of a commissioner for oaths.

India
The central government appoints notaries for the whole or any part of the country. State
governments, too, appoint notaries for the whole or any part of the states. On an
application being made, any person who had been practicing as a Lawyer for at least ten
years is eligible to be appointed a notary. The applicant, if not a legal practitioner, should
be a member of the Indian Legal Service or have held an office under the central or state
government, requiring special knowledge of law, after enrollment as an advocate or held
an office in the department of Judge, Advocate-General or in the armed forces.

Sri Lanka
Notaries in Sri Lanka are more akin to civil law notaries, their main functions
are conveyancing, drafting of legal instruments, etc. They are appointed
under the Notaries Ordinance No 1 of 1907.They must pass exam held by
the Ministry of Justice and apprentice under senior notary for a period of two
years. Alternatively,attorneys at lawwho pass the conveyancing exam are
also admitted as a notary public under warrant of the Minister.

United Kingdom
InEngland and Wales, there are two main classes of notaries general
notaries and scrivener notaries. Their functions are almost identical. All
notaries, likesolicitors,barristers,legal executives,costs lawyersand
licensed conveyancers, are alsocommissioners for oaths. They also
acquire the same powers assolicitorsand other law practitioners, with the
exception of the right to represent others before the courts (unless also
members of the bar or admitted as a solicitor) once they are commissioned
notaries. In practice, almost all English notaries, and all Scottish ones, are
also solicitors, and usually practice as solicitors.

 Currently, to qualify as a notary public in England and Wales, it is necessary to have earned a law degree
or qualified as a solicitor or barrister in the past five years, and then to take a two-year distance-learning
course styled the Postgraduate Diploma in Notarial Practice. At the same time, any applicant must also
gain practical experience. The few who go on to become scrivener notaries require further study of two
foreign languages and foreign law and a two-year mentorship under an active Scrivener notary.
The other notaries in England are either ecclesiastical notaries whose functions are limited to the affairs
of theChurch of Englandor other qualified persons who are not trained as solicitors orbarristersbut
satisfy theMaster of the Facultiesof theArchbishop of Canterburythat they possess an adequate
understanding of the law. Both the latter two categories are required to pass examinations set by the
Master of Faculties.

United States
In the United States, anotary publicis a person appointed by a stategovernment(e.g., the governor,
lieutenant governor, state secretary, or in some cases the state legislature) and whose primary role is to
serve the public as an impartialwitnesswhen important documents are signed. Since the notary is a state
officer, a notary's duties may vary widely from state to state and in most cases, bars a notary from acting
outside their home state unless they also have a commission there as well.
In 32 states, the main requirements are to fill out a form and pay a fee; many states have restrictions
concerning notaries with criminal histories, but the requirements vary from state to state. Notaries in 18
states and the District of Columbia are required to take a course, pass an exam, or both; the education or
exam requirements in Delaware and Kansas only apply to notaries who will perform electronic
notarizations.

 A notary is almost always permitted to notarize a document anywhere in the

state where their commission is issued. Some states simply issue a commission
"at large" meaning no indication is made as to from what county the person's
commission was issued, but some states do require the notary include the county
of issue of their commission as part of the jurat, or where seals are required, to
indicate the county of issue of their commission on the seal. Merely because a
state requires indicating the county where the commission was issued does not
necessarily mean that the notary is restricted to notarizing documents in that
county, although some states may impose this as a requirement.
Some states (Montana, Wyoming, North Dakota, among others) allow a notary
who is commissioned in a state bordering that state to also act as a notary in the
state if the other allows the same. Thus someone who was commissioned in
Montana could notarize documents in Wyoming and North Dakota, and a notary
commissioned in Wyoming could notarize documents in Montana, a notary from
Wyoming could not notarize documents from North Dakota (or the inverse) unless
they had a commission from North Dakota or a state bordering North Dakota that
also allowed North Dakota notaries to practice in that state as well.

 Notaries in the United States are much less closely regulated than notaries in most
othercommon-lawcountries, typically because U.S. notaries have little legal
authority. In the United States, a lay notary may not offerlegaladvice or prepare
documents - except in Louisiana and Puerto Rico - and in most cases cannot
recommend how a person should sign a document or what type of notarization is
necessary. There are some exceptions; for example,Florida notariesmay take
affidavits, draft inventories of safe deposit boxes, draft protests for payment of
dishonoredchecksandpromissory notes, and solemnize marriages. In most states, a
notary can also certify or attest a copy or facsimile.
The most common notarial acts in the United States are the taking
ofacknowledgementsandoaths. Many professions may require a person to
double as a notary public, which is why UScourt reportersare often notaries as this
enables them to swear in witnesses (deponents) when they are takingdepositions,
and secretaries, bankers, and some lawyers are commonly notaries public. Despite
their limited role, some American notaries may also perform a number of far-ranging
acts not generally found anywhere else. Depending on the jurisdiction, they may:
take depositions, certify any and all petitions (ME), witness third-party absentee
ballots (ME), provide no-impediment marriage licenses, solemnize civil marriages
(ME, FL, SC), witness the opening of a safe deposit box or safe and take an official
inventory of its contents, take a renunciation of dower or inheritance (SC), and so on.

Embassies and consulates

Certain personnel at U.S. embassies and consulates may be given the powers of a notary under federal
law (22 U.S.C.4215and4221).
The role of notaries incivil lawcountries is much greater than incommon lawcountries. Civilian notaries
are full-time lawyers and holders of a public office who routinely undertake non-contentious transactional
work done in common law countries by attorneys/solicitors, as well as, in some countries, those of
government registries, title offices, and public recorders. The qualifications imposed by civil law countries
are much greater, requiring generally an undergraduate law degree, a graduate degree in notarial law
and practice, three or more years of practical training ("articles") under an established notary, and must
sit a national examination to be admitted to practice. Typically, notaries work in private practice and are
fee earners, but a small minority of countries have salaried public service (or "government" / "state")
notaries (e.g.,Ukraine,Russia,Baden-WrttemberginGermany, certain cantons ofSwitzerland).
Civil law notaries have jurisdiction over strictly non-contentious domestic civil-private law in the areas of
property law, family law, agency, wills and succession, and company formation. The point to which a
country's notarial profession monopolizes these areas can vary greatly. On one extreme is France (and
French-derived systems) which statutorily give notaries a monopoly over their reserved areas of practice,
as opposed toAustriawhere there is no discernible monopoly whatsoever and notaries are in direct
competition with attorneys/solicitors.
In the few, United States jurisdictions where trained notaries are allowed (such asLouisiana,Puerto Rico),
the practice of these legal practitioners is limited to legal advice on purely non-contentious matters that
fall within the purview of a notary's reserved areas of practice.