NOTARIAL PRACTICE (A.M. No.

02-8-13-SC)
Rule 1, Sec 2: 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. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in the singular
include the plural, and words in the plural include the singular.
Sec. 1, Rule II ACKNOWLEDGEMENT
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;
NOTE: A notary public cannot perform a notarial act over a document that has missing pages, or that contains blanks that
should be filled-in prior to the notarial act.
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

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Q: Cabanilla filed a complaint against Atty. Cristal-Tenorio with the IBP, alleging that he never appeared before her when she
notarized the deed of sale of his house, and that the signatures appearing opposite their respective names were forgeries. Did
Atty. Cristal-Tenorio fail to comply with the mandates of the law when she notarized the deed of sale without the complainant
and his children? Does such failure warrant the revocation of her notarial commission?
A: YES. Under Section 1(a) of Act 2103, a notary public taking the acknowledgment in a document or instrument is mandated to
certify that the person acknowledging the instrument or document is known to him and that he is the same person who executed it and
acknowledged that the same is his free act and deed. To "acknowledge before" means to avow; to own as genuine, to assert, to admit;
and "before" means in front or preceding in space or ahead of. A party acknowledging must appear before the notary public. A notary
public should not notarize a document unless the persons who signed the same are the very same persons who executed and personally
appeared before the said notary public to attest to the contents and truth of what are stated therein. The presence of the parties to the
deed making the acknowledgment will enable the notary public to verify the genuineness of the signature of the affiant. A notary
public is enjoined from notarizing a fictitious or spurious document. The function of a notary public is, among others, to guard against
any illegal deed (Cabanilla v. Cristal-Tenorio, A.C. No. 6139, November 11, 2003).
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Q: “Before me personally appeared this 30th of August 2010 Milagros A. Ramirez, who proved her identity to me through
witnesses: 1. Rosauro S. Balana, Passport UU123456; 1-5-2010/Baguio City; and 2. Elvira N. Buela, Passport VV200345; 1-17-
2009/Manila. “Both witnesses, of legal ages, under oath declare that: Milagros A. Ramirez is personally known to them; she is
the same seller in the foregoing deed of sale; she does not have any current identification document nor can she obtain one
within a reasonable time; and they are not privy to or are interested in the deed he signed.” What is the status of such a
notarial acknowledgement? (2011 Bar Question)
A: Valid, since it is a manner of establishing the identity of the person executing the document.

Sec 2, Rule II: AFFIRMATION OR OATH

Refers to act in which an individual on a single occasion:
1. Appears in person before the notary public;
2. Is personally known to the public or identified by the notary through competent evidence of identity as defined by the Rules; and
3. Avows under penalty of law, to the whole truth of the contents of the instrument or document.

Sec. 3, Rule II: COMMISSION-It refers to the grant of authority to perform notarial acts and to the written evidence of the authority

Sec. 4: COPY CERTIFICATION -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.
Sec 6: JURAT
SEC. 5. Notarial Register. - "Notarial Register" refers to a permanently bound book with numbered
Refers to an act in which an individual on a single occasion:
pages containing a chronological record of notarial acts performed by a notary public.
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).

NOTE: A jurat is not a part of a pleading but merely evidences the fact that the affidavit was properly made. The claim or belief of
Atty. Dela Rea that the presence of petitioner Gamido was not necessary for the jurat because it is not an acknowledgment is patently
baseless. If this had been his belief since he was first commissioned as a notary public, then he has been making a mockery of the
legal solemnity of an oath in a jurat. Notaries public and others authorized by law to administer oaths or to take acknowledgments
should not take for granted the solemn duties appertaining to their offices. Such duties are dictated by public policy and are impressed
with public interest (Gamido v. Bilibid Prisons Officials, G.R. No. 114829, March 1, 1995).

ACKNOWLEDGMENT JURAT
Act of one who has executed a deed, in going to some competent That part of an affidavit in which the notary public or officer
officer or court and declaring It to be his act or deed certifies that the instrument was sworn to before him.
The notary public or officer taking the acknowledgment shall It is not part of a pleading but merely evidences the fact that
certify that the person acknowledging the instrument or the affidavit was properly made
document is known to him and he is the same person who
executed it and acknowledged that the same is his free act
and deed.
Two-fold purpose: To authorize the deed to be given in Purpose: Gives the document a legal character.
evidence without further proof of its execution, and, to entitle
it to be recorded.
Where used: Where used:
1. To authenticate an agreement between two or more persons; 1. Affidavits;
or 2. Certifications;
2. Where the document contains a disposition of property. 3. Whenever the person executing makes a statement of facts or
attests to the truth of an event, under oath.
E.g. The acknowledgment in a deed of lease of land. E.g. An affidavit subscribed before a notary public or public
official authorized for the purpose.
NOTE: In notarial wills, acknowledgment is required, not merely a jurat.

SEC. 7. Notarial Act and Notarization. - "Notarial Act" and "Notarization" refer to any act that a notary public is
empowered to perform under these Rules.

Sec. 8 NOTARIAL CERTIFICATE

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
NOTE: “Loose notarial certificate” refers to a notarial certificate that is attached to a notarized instrument or document.

Effect of notarized document

A document acknowledged before a notary public is a public document (Sec. 19, Rule 132, RRC) and may be presented in evidence
without further proof, the certificate of acknowledgment being prima facie evidence of the execution of the instrument or
document involved (Sec. 30, Rule 132, RRC).

Notary public -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.
NOTE: “Notary Public" and "Notary" refer to any person commissioned to perform official acts under the rules on Notarial
Practice (Sec. 9, Rule II)
SEC. 10. Principal. - "Principal" refers to a person appearing before the notary public whose act is the subject of
notarization.
Sec 11: Regular place of work or business” of a notary public meaning
“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 12: COMPETENT EVIDENCE OF IDENTITY

Competent evidence of identity refers to the identification of an individual based on the following:
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. PRC
d. NBI clearance
e. Police clearance
f. Postal ID
g. Voter's ID
h. Any other government issued ID (Sec 12 of Rule 2, 2004 Rules on Notarial Practice, as amended by A.M. No.02-8-13-SC dated
February 19, 2008).

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 (Amendment to Sec. 12 (a), Rule II of the 2004 Rules on Notarial Practice, February 19, 2008).

NOTE: Competent evidence of identity is not required in cases where the affiant is personally known to the Notary Public
(Amora, Jr. v. Comelec, G.R. No.192280, January 25, 2011).

SEC. 13. Official Seal or Seal. - "Official seal" or "Seal" refers to a device for affixing a mark, image or impression on
all papers officially signed by the notary public conforming the requisites prescribed by these Rules.

Sec. 14: SIGNATURE WITNESSING

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

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Q: 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? (1995 Bar)
A: YES. It is also within the powers of a notary public, provided:
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 (Sec.
1(b), Rule IV,)

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Q: 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? (1995 Bar Question)
A: 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,)

SEC. 15. Court. - "Court" refers to the Supreme Court of the Philippines.

SEC. 16. Petitioner. - "Petitioner" refers to a person who applies for a notarial commission.

SEC. 17. Office of the Court Administrator. - "Office of the Court Administrator" refers to the Office of the Court
Administrator of the Supreme Court.

SEC. 18. Executive Judge. - "Executive Judge" refers to the Executive Judge of the Regional Trial Court of a city or
province who issues a notarial commission.

SEC. 19. Vendor - "Vendor" under these Rules refers to a seller of a notarial seal and shall include a wholesaler or
 Rule III COMMISSIONING OF NOTARY PUBLIC
Sec 1. 1st par.: Issuance of notarial commission
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

2nd par. Qualifications of a notary public [C21-RMC]

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;
NOTE: This is to prohibit the practice of some notaries who maintain makeshift “offices” in sidewalks and street corners of
government offices.
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).

LAWYERS AS NOTARY PUBLIC

GR: Only those admitted to the practice of law are qualified to be notaries public.
XPNs: When there are no persons with the necessary qualifications or where there are qualified persons but they refuse
appointment. In which case, the following persons may be appointed as notaries:

1. Those who passed the studies of law in a reputable university; or

2. A clerk or deputy clerk of court for a period of not less than two years.

Non-Lawyers as Notaries
The Rules now requires that notaries must be members of the Philippine Bar. The Supreme Court no longer approves requests from
non-lawyers for appointment or reappointment as notaries.

Government Lawyers as Notaries

Acts of notarization are within the ambit of the term “practice of law”. Pursuant to Memorandum Circular No. 17, “No Government
officer or employee shall engage directly in any private business, vocation, or profession or be connected with any commercial, credit,
agricultural, or industrial undertaking without a written permission from the head of Department”. The law now allows government
lawyers to serve as notaries provided there is written permission from the head of Department.
NOTE: In a case, a lawyer was reprimanded for engaging in notarial practice without the authority from the Secretary of Justice. The
Registry of Deeds with whom he obtained authority is not the head of the Department (Abella v. Atty. Cruzabra, A.C. No. 5688,
June 4, 2009).

Clerk of Court as Notary Public

Clerk of court may act as notary public, provided he is commissioned and has been permitted by his superior. Such consent is
necessary because the act of notarizing a document is a practice of law.
NOTE: Clerks of Court of RTCs are authorized to notarize not only documents relating to the exercise of official functions but
also private documents, subject to conditions that: (a) all notarial fees charged shall be for the account of the Judiciary; and (b) they
certify in the notarized documents that there are no notaries public within the territorial jurisdiction of the RTC.

Prohibition against the RTC judges to notarize

Section 35, Rule 138, of the Revised Rules of Court as well as Canon 5, Rule 5.07 of the Code of Judicial Conduct provides that no
judge or other official or employee of the superior courts shall engage in private practice as a member of the bar or give
professional advice to clients. Notarization of documents is considered a practice of law.
The rights, duties, privileges and functions of the office of an attorney-at-law are so inherently incompatible with the official
functions, duties, powers, discretions and privileges of a judge of the Regional Trial Court.

Authority of MTC judges to notarize and its limitation

MTC and MCTC judges may act as notaries public ex-officio in the notarization of documents connected only with the exercise of
their official functions and duties. They may not, as notaries public ex-officio, undertake the preparation and acknowledgment of
private documents, contracts and other acts of conveyances which bear no direct relation to the performance of their functions as
judges.
However, MTC and MCTC judges assigned to municipalities or circuits with no lawyers or notaries public may, in the capacity as
notaries public ex-officio, perform any act within the competence of a regular notary public, provided that:
1. All notarial fees charged be for the account of the Government and turned over to the municipal treasurer
2. Certification be made in the notarized documents attesting to the lack of any lawyer or notary public in such municipality or
circuit.
 Their authority to notarize is limited to their sala. Hence, they cannot notarize documents filed in another town because it
will be considered as practice of law.
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Q: Vicente Batic charged Judge Victorio Galapon Jr. with engaging in unauthorized notarial practice for having notarized a
Deed of Absolute Sale between Antonio Caamic and Lualhati Ellert. Under the deed of sale, Ellert, was described as single. At
the time of Galapon’s notarization of the Deed of Sale, there was a notary public in Dulag, Leyte. Judge Galapon claims that
he did not prepare the document and that his participation was limited to its acknowledgment, for which the corresponding
fee was collected by and paid to the clerk of court. Are MTC judges like Judge Galapon absolutely prohibited from acting as
notaries public?
A: NO. While Judge Galapon explains that he sincerely believed that when no notary public is available, the MTC may act as ex-
officio notary public, provided the fees shall be for the government, such is not enough to exonerate him from liability. His acts do
not fall under the exception because at the time of his notarization of the Deed of Sale, there was a notary public in Dulag,
Leyte (Vicente Batic v. Judge Victorio Galapon Jr., A.M. No. MTJ-99-1239, July 29, 2005).

Sec. 2 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. 3 Application Fee- Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court

Sec 4: Requirements before the executive judge conduct a summary hearing on the petition
1. The petition is sufficient in form and substance;
2. The petitioner proves the allegations contained in the petition; and
3. The petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood the Rules on Notarial
Practice.
NOTE: The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial
Seal in favor of the petitioner

Two kinds of duties

1. Execution of formalities required by law; and
2. Verification of the capacity and identity of the parties as well as the legality of the act executed

SEC. of
SEC. 5. Notice 7. Summary
Form of Notarial
Hearing.Commission. - Theofcommissioning
- (a) The notice summary hearing of ashall
notary
be public shallinbe
published in a formal order
a newspaper of signed by
the Executive
general circulation in theJudge substantially
city or in thethe
province where following
hearingform:
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
REPUBLIC OF THE PHILIPPINES
the petitioner. The notice may include more than one petitioner.
REGIONAL TRIAL COURT OF ______________
(b) The notice shall be substantially in the following form;
This is to certify that (name of notary public) of (regular place of work or business) in (city or province) was on this
NOTICE OF HEARING
(date) day of (month) two thousand and (year) commissioned by the undersigned as a notary public, within and for
Notice is hereby given that a summary hearing on the petition for notarial commission of (name of petitioner)
the said jurisdiction, for a term ending the thirty-first day of December (year)
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
______________
SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate of
Authorization to Purchase a Notarial Seal shall be valid for a period of three (3) months from dateExecutive of issue, Judge
unless
extended by the Executive Judge. A mark, image or impression of the seal that may be purchased by the notary
public
SEC. 6.pursuant
Oppositionto the Certificate
to Petition. shallperson
- Any be presented
who hasto thecause
any Executive Judgetofor
or reason approval
object to theprior
grant toof
use.
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. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall have only
one official seal of office in accordance with these Rules.
DUTIES OF A NOTARY PUBLIC
1. To keep a notarial register
2. To make the proper entry or entries in his notarial register touching his notarial acts in the manner required by the law
3. To send the copy of the entries to the proper clerk of court within the first 10 days of the month next following
4. To affix to acknowledgments the date of expiration of his commission, as required by law
5. To forward his notarial register, when filled, to the proper clerk of court
6. To make report, within reasonable time to the proper judge concerning the performance of his duties, as may be required by such
judge
7. To make the proper notation regarding residence certificates (Sec. 240, Rev. Adm. Code).

Sec 11: TERM OF OFFICE OF A NOTARY PUBLIC

Term of office of a notary public (1995 Bar)
A notary public may perform notarial acts for a period of 2 years commencing the 1st day of January of the year in which the
commissioning is made until the last day of December of the succeeding year regardless of the actual date when the application was
renewed, unless earlier revoked or the notary public has resigned under the Rules on Notarial Practice and the Rules of Court
NOTE: The period of 2 years of a notarial commission will commence at January first regardless of when it was really granted
and will end at exactly 2 years from said date of commencement up to December of the 2nd year. Ex. Atty. Antonio applied for and
was given notarial commission on 12 November 2010, such term will expire on 31 December 2011 ---
Q: Juan dela Cruz was commissioned as a notary public in 2001. His friend asked him to notarize a deed of absolute sale
sometime in 2004, to which he agreed free of charge. A complaint for malpractice was filed against him. Is Juan dela Cruz
guilty of malpractice?
A: YES. Absent any showing that his notarial commission has been renewed, his act constitutes malpractice because at the time he
notarized the document, his notarial commission has already expired. It is not a defense that no payment has been received. The
requirement for the issuance of the commission as notary public must not be treated as a mere casual formality. In fact, Juan’s act also
constitutes falsification of public document.

SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a Register of
Notaries Public in his jurisdiction which shall contain, among others, the dates of issuance or revocation
or suspension of notarial commissions, and the resignation or death of notaries public. The Executive
Judge shall furnish the Office of the Court Administrator information and data recorded in the register of
notaries public. The Office of the Court Administrator shall keep a permanent, complete and updated
database of such records.
Sec. 13: EXPIRED COMMISSION
A notary public may file a written application with the Executive Judge for the renewal of his commission within 45 days before the
expiration thereof. A mark, image or impression of the seal of the notary public shall be attached in the application
NOTE: If a person is applying for a commission for the first time, what he files is a petition and not an application.
Failure of the notary public to file an application for the renewal of his commission
Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public and may
only be reinstated therein after he is issued a new commission
Sec. 14: The Executive Judge shall, upon payment of the application fee, act on an application for renewal of a commission within
thirty (30) days from receipt thereof. If the application is denied, the Executive Judge shall state the reasons therefor

RULE IV POWERS AND LIMITATIONS OF NOTARIES PUBLIC

POWERS AND LIMITATIONS
Sec 1 (a): A notary public is empowered to perform the following notarial acts: [JAO-CAS]
1. Acknowledgements;
2. Oaths and affirmations;
3. Jurats;
4. Signature witnessing;
5. Copy certifications; and
6. Any 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.
(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

NOTARIZATION OF A PRIVATE DOCUMENT

Notarization converts a private document to a public instrument, making it admissible in evidence without the necessity of
preliminary proof of its authenticity and due execution. A notarized document is by law entitled to full credit upon its face and it is for
this reason that notaries public must observe the basic requirements in notarizing documents (Dolores dela cruz, et al. v. Atty. Jose
Dimaano, Jr., September 12, 2008, A.C. No. 7781).
A notary public should not notarize a document unless the persons who signed the same are the very same persons who executed and
personally appeared before him to attest to the contents and truth of what are stated therein. The presence of the parties to the deed
will enable the notary public to verify the genuineness of the signature of the affiant.

Absence of notarization in a deed of sale

The absence of notarization of the Deed of Sale would not necessarily invalidate the transaction evidenced therein. Article 1358 of
the Civil Code requires that the form of a contract that transmits or extinguishes real rights over immovable property should be in a
public document, yet it is also an accepted rule that the failure to observe the proper form does not render the transaction
invalid. Thus, it has been uniformly held that the form required in Article 1358 is not essential to the validity or enforceability of the
transaction, but required merely for convenience (Leonor Camcam v. CA; Tigno v. Aquino).

Officers allowed to administer oaths (Republic Act No. 9406):

1. President;
2. Vice-President;
3. Members and Secretaries of both Houses of the Congress;
4. Members of the Judiciary;
5. Secretaries of Departments;
6. Provincial governors and lieutenant-governors;
7. City mayors;
8. Municipal mayors;
9. Bureau directors;
10. Regional directors;
11. Clerk of courts;
12. Registrars of deeds;
13. Other civilian officers in the public service of the government of the Philippines whose appointments are vested in the President
and are subject to confirmation by the Commission on Appointments;
14. All other constitutional officers;
15. PAO lawyers in connection with the performance of duty; and
16. Ombudsman (Sec. 15(8), RA 6770)
17. Notaries public (Sec. 41, Chapter I, Book I, E.O.292)

Duty to administer oaths

Officers authorized to administer oaths, with the exception of notaries public, municipal judges and clerks of court, are not obliged to
administer oaths or execute certificates save in matters of official business or in relation to their functions as such; and with the
exception of notaries public, the officer performing the service in those matters shall charge no fee, unless specifically authorized by
law (Section 42, Chapter I, Book I, E.O. No. 292).
NOTE: P.A.O. Lawyers now have the authority to administer oaths, provided it is in connection with the performance of their duties.
The fiscal or the state prosecutor has the authority to administer oaths (RA No. 5180, as amended by P.D. 911).

Sec. 2: Prohibition; Jurisdiction of Notary Public

GR: A notary public shall not perform a notarial act outside his jurisdiction and his regular place of work or business.
XPNs: A notarial act may be performed at the request of the parties in the following sites, other than his regular place of work or
business, 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
4. Any place where a party to an instrument or document requiring notarization is under detention
5. Such other places as may be dictated because of emergency.

NOTE: It is improper for a notary public to notarize documents in sidewalk since it is now required that a notary public should
maintain a regular place of work or business within the city or province where he is commissioned. The SC evidently wants to
eradicate the practice of “fly by night” notaries public who notarized documents in “improvised” offices.
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Q: Atty. Sabungero obtained a notarial commission. One Sunday, while he was at the cockpit, a person approached him with
an affidavit that needed to be notarized. Atty. Sabungero immediately pulled out from his pocket his small notarial seal, and
notarized the document. Was the affidavit validly notarized? (2009 Bar)
A: Section 2, Rule IV of the 2004 Rules on Notarial Practice provides that a Notary Public shall not perform a notarial act outside his
regular place of work, except in few exceptional occasions or situations, at the request of the parties. Notarizing in a cockpit is not one
of such exceptions. The prohibition is aimed to eliminate the practice of ambulatory notarization. However, assuming that the
cockpit is within his notarial jurisdiction, the notarization may be valid but the notary public should be disciplined.

Sec. 2: LIMITATIONS TO THE PERFORMANCE OF A NOTARIAL ACT

A person shall not perform a notarial act if the person involved as signatory to the instrument or document is:
a. Not in the notary's presence personally at the time of the notarization; and
b. Not personally known to the notary public or otherwise identified by the notary public through competent evidence of
identity as defined by the Rules on Notarial Practice
c. The document is blank or incomplete; (Sec.6 (a) Rule IV, A.M. 02-8-13-SC)
d. An instrument or document is without appropriate notarial certification (Sec. 6, Rule IV, A.M. 02-8-13-SC).

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Q: Cynthia filed an application for building permit in connection with the renovation of a building situated on a lot owned by
her brother Rolando de la Cruz. One of the documents required in the processing of the application was an affidavit to be
executed by the lot owner. Since Rolando de la Cruz was a resident abroad, an affidavit was prepared wherein it was made to
appear that he was a resident of Leyte. Atty. Francisco Villamor notarized the purported affidavit. According to him, a
Chinese mestizo appeared in his law office one time, requesting that his affidavit be notarized. Said person declared that he
was Rolando de la Cruz. Atty. Villamor then asked for the production of his residence certificate, but he said, he did not
bother to bring the same along with him anymore as, he has already indicated his serial number in the jurat portion together
with the date of issue and place of issue. Did Atty. Francisco Villamor commit a violation of notarial law?
A: YES. It is the duty of the notarial officer to demand that the document presented to him for notarization should be signed in his
presence. By his admission, the affidavit was already signed by the purported affiant at the time it was presented to him for
notarization. Atty. Villamor thus failed to heed his duty as a notary public to demand that the document for notarization be signed in
his presence (Traya Jr. v. Villamor, A.C. No. 4595, February 6, 2004).
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Q: During their lifetime, the Spouses Villanueva acquired several parcels of land. They were survived by their 5 children:
Simeona, Susana, Maria, Alfonso, and Florencia. Alfonso executed an Affidavit of Adjudication stating that as “the only
surviving son and sole heir” of the spouses, he was adjudicating himself a parcel of land. Thereafter, he executed a Deed of
Absolute Sale, conveying the property to Adriano Villanueva. Atty. Salud Beradio appeared as notary public on both the
affidavit of adjudication and the deed of sale. Atty. Beradio knew of the falsity of Alfonso’s statement. Florencia and
descendants of the other children of the spouses were still alive at the time of execution of both documents. Was there a failure
to discharge properly the duties of a notary public?
A: YES. Atty. Beradio’s conduct breached the Code of Professional Responsibility, which requires lawyers to obey the laws of the
land and promote respect for the law and legal processes as well as Rule 1.01 of the Code which proscribes lawyers from engaging in
unlawful, dishonest, immoral, or deceitful conduct. She herself admitted that she knew of the falsity of Alfonso’s statement that he
was the “sole heir” of the spouses. She therefore notarized a document while fully aware that it contained a material falsehood. The
affidavit of adjudication is premised on this very assertion. By this instrument, Alfonso claimed a portion of his parents’ estate all to
himself, to the exclusion of his co-heirs. Shortly afterwards, Atty. Beradio notarized the deed of sale, knowing that the deed took basis
from the unlawful affidavit of adjudication (Heirs of the Late Spouses Lucas v .Atty. Beradio, A.C. No. 6270, January 22, 2007).
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NOTE: If the notary public admitted that he has personal knowledge of a false statement contained in the instrument to be notarized
yet proceeded to affix his or her notarial seal on it, the court must not hesitate to discipline the notary public accordingly as the
circumstances of the case may dictate. Otherwise, the integrity and sanctity of the notarization process may be undermined and public
confidence on notarial documents diminished (Ibid.).

Sec 3: DISQUALIFICATION OF A NOTARY PUBLIC TO PERFORM A NOTARIAL ACT

A notary public is disqualified to perform notarial act when he:
1. Is a party to the instrument or document that is to be notarized;
NOTE: The 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, February 9, 2000).
2. Will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other
consideration, except as provided by the Rules on Notarial Practice and by law; or
3. Is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the
fourth civil degree

FEES OF NOTARY PUBLIC

1. For performing a notarial act, a notary public may charge the maximum fee as prescribed by the Supreme Court unless he waives
the fee in whole or in part (Sec. 1, Rule V, A. M. 02-8-13-SC);
2. A notary public may charge travel fees and expenses separate from the notarial fees when traveling to perform a notarial act if the
notary public and the person requesting the notarial act agree prior to the travel
3. No fee or compensation of any kind, except those expressly prescribed and allowed herein, shall be collected or received for any
notarial service (Sec. 3, Rule V, A. M. 02-813-SC);
4. A notary public shall not require payment of any fees specified prior to the performance of a notarial act unless otherwise
agreed upon (Sec. 4, first par.,, Rule V, A. M. 02-813-SC);
5. Any travel fees and expenses paid to a notary public prior to the performance of a notarial act are not subject to refund if the
notary public already traveled but failed to complete in whole or in part the notarial act for reasons beyond his control and without
negligence on his part (Sec. 4, second par., Rule V, A. M. 02-813-SC).
NOTE: A notary public who charges fee for notarial services shall issue a receipt registered with the Bureau of Internal Revenue and
keep a journal of notarial fees. He shall enter in the journal all fees charges for services rendered. A notary public shall post in a
conspicuous place in his office a complete schedule of chargeable notarial fees (Sec. 5, Rule V)

Q: Ms. Seller and Mr. Buyer presented to a commissioned notary public a deed of sale for notarization. The notary public
explained to them the transaction the deed embodies and asked them if they were freely entering the transaction. After the
document was signed by all the parties, the notary public collected the notarial fee but did not issue any BIR-registered
receipt. Is the notarization of the deed proper? (2013 Bar)
A: The notarization of the deed is proper because any irregularity in the payment of the notarial fees does not affect the validity of the
notarization made (Ocampo v. Land Bank of the Philippines, G.R. No. 164968, July 3, 2009).

INSTANCES WHEN NOTARY PUBLIC MAY REFUSE TO NOTARIZE

1. The notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral;
2. 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;
3. 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); or
4. 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 REGISTER
A notary public shall keep, maintain, protect and provide for lawful inspection as provided in these Rules, a chronological official
notarial register of notarial acts consisting of a permanently bound book with numbered pages.
The register shall be kept in books to be furnished by the Solicitor General to any notary public upon request and upon payment of the
cost thereof. The register shall be duly paged, and on the first page, the Solicitor General shall certify the number of pages of which
the book consists (Sec. 1(a), Rule VI, A.M. No. 02-8-13-SC).
NOTE: Failure of the notary to make the proper entry or entries in his notarial register touching his notarial acts in the manner
required by law is a ground for revocation of his commission (Father Ranhilio C. Aquino Et. Al., v. Atty. Edwin Pascua, A.C. No.
5095, November 28, 2007, En Banc).
Notary public is personally accountable for all entries in his notarial register. They cannot be relieved of responsibility for the
violation of the aforesaid sections by passing the buck to their secretaries (Lingan v. Atty. Calibaquib, A.C. No. 5377, June 15, 2006).

Effect of failure to submit Report

Notary’s negligence in failing to submit his notarial report will not affect the admissibility as evidence of an instrument he notarized
(Tirol, 2010). Parties who appear before a notary public to have their documents notarized should not be expected to follow up on the
submission of the notarial reports. They should not be made to suffer the consequences of the negligence of the Notary Public in
following the procedures prescribed by the Notarial Law (Destreza v. Atty. Riñoza-Plazo, G.R. No. 176863, October 30, 2009).

Signing or affixing a thumbmark in the notarial register

At the time of notarization, the notary's notarial register shall be signed or a thumb or other mark affixed by each:
1. Principal;
2. Credible witness swearing or affirming to the identity of a principal; and
3. Witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a person physically unable to sign
(Sec. 3, Rule VI, A.M. No. 02-8-13-SC).

Inspection of a notarial register by private persons

1. The inspection is made in the notary’s presence;
2. During regular business hours;
3. The person's identity is personally known to the notary public or proven through competent evidence of identity as defined in these
Rules;
4. The person affixes a signature and thumb or other mark or other recognized identifier, in the notarial register in a separate, dated
entry;
5. The person specifies the month, year, type of instrument or document, and name of the principal in the notarial act or acts sought;
and
6. The person is shown only the entry or entries specified by him (Sec.4 (a), Rule VI, A.M. No. 02-8-13-SC).

Examination of notarial register by law enforcement officer

The notarial register may be examined by a law enforcement officer in the course of an official investigation or by virtue of a court
order (Sec. 4(b), Rule VI, A. M. No. 02-8-13-SC).

LOSS, DESTRUCTION and DAMAGE OF NOTARIAL REGISTER

1. In case the notarial register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible as a record of notarial
acts, the notary public shall, within ten (10) days after informing the appropriate law enforcement agency in the case of theft or
vandalism, notify the Executive Judge by any means providing a proper receipt or acknowledgment, including registered mail and also
provide a copy or number of any pertinent police report.
2. Upon revocation or expiration of a notarial commission, or death of the notary public, the notarial register and notarial records shall
immediately be delivered to the office of the Executive Judge (Sec. 5, Rule VI, A. M. No. 02-8-13-SC).

The notary public may refuse the request of inspection for register of deeds
If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful motive in requesting information
from the notarial register, the notary shall deny access to any entry or entries therein (Sec. 4(c), Rule VI, A.M. No. 02-8-13-SC).

JURISDICTION OF NOTARY PUBLIC AND PLACE OF NOTARIZATION

A notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court. Outside the place
of his commission, a notary public is bereft of power to perform any notarial act.
Under the Notarial Law, the jurisdiction of a notary public is co-extensive with the province for which he was commissioned; and for
the notary public in the city of Manila, the jurisdiction is co-extensive with said city. Circular 8 of 1985, however, clarified further that
the notary public may be commissioned for the same term only by one court within the Metro Manila region.

REVOCATION OF COMMISSION
Who may revoke the notarial commission
1. The Executive Judge of the RTC who issued the commission on any ground on which an application for commission may be denied
(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 lawyer.

GROUNDS FOR REVOCATION

The executive Judge shall revoke a notarial commission for any ground on which an application for a commission may be denied. 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;
NOTE: "Principal" refers to a person appearing before the notary public whose act is the subject of notarization.
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 (Sec. 1, Rule XI, 2004 Rules on Notarial Practice).

NOTE: Functions of notary public – violations: suspension as notary not for the practice of law (Villarin v. Sabate, A.C. No. 3224,
February 9, 2000).

Q: Atty. Regino Tamabago notarized a last will and testament under which the decedent supposedly bequeathed his entire
estate to his wife, save for a parcel of land which he devised to Vicente Lee, Jr. and Elena Lee, half siblings of Manuel Lee, the
complainant. The will was purportedly executed and acknowledged before respondent on June 30, 1965. However, the
residence certificate of the testator noted in the acknowledgment of the will was dated January 5, 1962. There is also absence
of notation of the residence certificates of the purported witnesses. Did Atty. Regino Tamabago violate any of the duties of a
notary public?
A: Atty. Tamabago, as notary public, evidently failed in the performance of the elementary duties of his office. There is absence of a
notation of the residence certificates of the notarial witnesses in the will in the acknowledgment. Further, the notation of the testator’s
old residence certificate in the same acknowledgment was a clear breach of the law. The Notarial Law then in force required the
exhibition of the residence certificate upon notarization of a document or instrument. By having allowed decedent to exhibit an
expired residence certificate, Atty. Tamabago failed to comply with the requirements of the old Notarial Law. As much could be said
of his failure to demand the exhibition of the residence certificates of notarial witnesses. Defects in the observance of the solemnities
prescribed by law render the entire will invalid (Manuel Lee v. Atty. Regino Tamabago, A.C. No. 5281, February 12, 2008).

SANCTIONS
Punishable acts under the 2004 Rules on Notarial Practice
The Executive Judge shall cause the prosecution of any person who knowingly:
1. Acts or otherwise impersonates a notary public;
2. Obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and
3. Solicits, coerces, or in any way influences a notary public to commit official misconduct (Sec. 1, Rule XII, Rule on Notarial
Practice).

NOTE: Notarizing documents without the requisite commission therefore constitutes malpractice, if not the crime of falsification of
public documents (St. Louis Laboratory High School Faculty And Staff V. Dela Cruz, A.C. No. 6010. August 28, 2006).