Legforms Notes
Legforms Notes
Legforms Notes
02-8-13-SC)
2. Acknowledgment (Rule II, Sec. 1) – 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 though
competent evidence of identity as defined by these Rules;
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 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.
2 or more pages of document = 2 paragraphs, last paragraph contains page numbers, kind of
instrument, signatures in all pages
1 page = 1 paragraph acknowledgment
3. Jurat (Rule II, Sec. 6) – 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.
Similarity:
Parties appear before notary public; truthfulness of contents is not an element
b. Commission (Rule II, Sec. 3) – grant of authority to perform notarial acts and to the written
evidence of the authority; certificate with expiration date (2 years)
c. Copy Certification (Rule II, Sec. 4) – 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.
d. Notarial Register (Rule II, Sec. 5) – permanently bound book with numbered pages containing a
chronological record of notarial acts performed by a notarial public
e. Principal (Rule II, Sec. 10) – person appearing before the notary public whose act is the subject
of notarization
– (RON, Rule I, Sec. 6 (g)) – …including the person requesting copy certification by
videoconference
f. Signature Witnessing (Rule II, Sec. 14) – 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;
c) Signs the instrument or document in the presence of the notary public.
g. Court (Rule II, Sec. 15) – Supreme Court of the Philippines
h. Regular place of work (Rule II, Sec. 11) – stationary office in the city or province wherein the
notary public renders legal and notarial services
i. Competent Evidence of Identity (Rule II, Sec. 12; amended by A.M. No. 02-8-13-SC, Feb. 19, 08)
– 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:
PRC (Professional Regulations Commision)
Postal
Voter’s
OWWA (Overseas Workers Welfare Administration)
OFW
ID
Government office
TIN (Tax Identification Number) (A.M. No. 20-07-04-SC, Rule I, Sec. 6 (b)
(i))
UMID (Unified Multi-Purpose ID) (2020 Rules on Remote Notarization of
Paper Documents, Rule I, Sec. 6 (b) (i))
GSIS (Government Service and Insurance System) e-card
SSS (Social Security System)
Card
PhilHealth
Senior citizen
Barangay
Certification NCWDP (National Council for the Welfare of Disabled Persons)
DSWD (Department of Social Welfare and Development)
NBI (National Bureau of Investigation)
Clearance
Police
Passport
Driver’s license
Others
Seaman’s book
Alien/Immigrant certificate of registration
Are all lawyers notary public? No, file petition first in Court to Executive Judge.
8. Form of a petition for an application for a Notarial Commission (Rule III, Sec. 2)
a) Statement containing the petitioner’s personal qualifications, including date of birth, residence,
telephone number, professional tax receipt, roll of attorney’s number and IBP membership
number
b) Certification of GMC by at least 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
d) 3 passport-size color photographs with light background taken within 30 days of the application,
not retouched, name at the bottom part
10. Jurisdiction and term of Notarial Commission (Rule III, Sec. 11)
Any place within the territorial jurisdiction of the commissioning court for 2 years commencing the 1 st
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.
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.
b) A person shall not perform a notarial act if the person involved as signatory to the instrument or
document –
(1) is not in the notary's presence personally at the time of the notarization; and
(2) is not personally known to the notary public or otherwise identified by the notary public through
competent evidence of identity as defined by these Rules.
PROCESS:
1. File in office of clerk of court in RTC
2. Payment of application fee
3. Summary Hearing
4. Notice shall be posted in the designated court areas and published in a newspaper of general
circulation (24k, 1/32 of the newspaper)
5. Any person who has cause to oppose the same may file a written opposition
15. Format, styles, margins and prints of pleadings, motions and other papers (Court-bound papers)
Single space
1 ½ space between paragraphs
Easily readable font
14 font size
13 in. x 8.5 in white bond paper
1.5 in. left margin, 1.2 in. upper margin, 1.0 in. right and lower margins
Consecutive numbering of pages
Copies to:
o SC – 1 original, 4 copies; +10 copies if en banc; 2 annexes, 1 attach to original; +softcopies,
annex in PDF
o CA, CTA and SB: 1 original, 2 copies with annexes
o CTA en banc – 1 original 8 copies with annexes
o Other courts – 1 original with annexes
TIPS IN MAKING AFFIDAVITS
1. Know when to make an affidavit
2. Know how to make it
SPA Parts:
1. Venue and Title
2. Personal Circumstance Appointment – “name, constitute, and appoint”
3. Power
4. Granting authority – “hereby giving and granting”
5. Acknowledgement
DEED OF SALE OF REAL PROPERTY – technical description could be scanned/pictured; attach sources
other than TCT
– If married, put ‘(formerly single)’ after civil status so signature of spouse wouldn’t be needed
– Executed if property covered by certificate of title