Review Notes in Legal Forms Sy 2023-2024
Review Notes in Legal Forms Sy 2023-2024
Review Notes in Legal Forms Sy 2023-2024
appears in person before the notary public and presents an integrally complete instrument
or document;
is attested to be personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; and
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.
appears in person before the notary public and presents an instrument or document;
is personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules;
signs the instrument or document in the presence of the notary; and
takes an oath or affirmation before the notary public as to such instrument or document.
An ACKNOWLEDGEMENT is the act of one who has executed a deed in going before some
competent officer or court and declaring it to be his act or deed; while a JURAT is that part of an
affidavit where the officer certifies that the same was sworn before him.
The term "Affirmation" or "Oath" refers to an act in which an individual on a single occasion:
appears in person before the notary public;
is personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules; and
avows under penalty of law to the whole truth of the contents of the instrument or document.
“Commission" refers to the grant of authority to perform notarial acts and to the written evidence of
the authority. (Rule II Sec 3).
is presented with an instrument or document that is neither a vital record, a public record, nor
publicly recordable;
copies or supervises the copying of the instrument or document;
compares the instrument or document with the copy; and
determines that the copy is accurate and complete.
"Notarial Register" refers to a permanently bound book with numbered pages containing a
chronological record of notarial acts performed by a notary public. (Rule II Sec 5)
"Notarial Certificate" refers to the part of, or attachment to, a notarized instrument or document that
is completed by the notary public, bears the notary's signature and seal, and states the facts attested
to by the notary public in a particular notarization as provided for by these Rules. (Rule II Sec 8)
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, driver's
license, Professional Regulations Commission ID, National Bureau of Investigation clearance,
police clearance, postal ID, voter's 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, seaman's 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; [government issued
IDs) OR
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.
The term "signature witnessing" refers to a notarial act in which an individual on a single occasion:
appears in person before the notary public and presents an instrument or document;
is personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules; and
signs the instrument or document in the presence of the notary public.
RULE III. COMMISSIONING OF NOTARY PUBLIC
Qualifications (Sec I)
must be a citizen of the Philippines;
must be over twenty-one (21) years of age;
must be a resident in the Philippines for at least one (1) year and maintains a regular place
of work or business in the city or province where the commission is to be issued;
must be a member of the Philippine Bar in good standing with clearances from the Office of
the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and
must NOT have been convicted in the first instance of any crime involving moral
turpitude.
The Executive Judge shall conduct a summary hearing on the petition and shall grant the same if:
Every person commissioned as notary public shall have only one official seal of office in accordance
with these Rules. (Sec 10)
Jurisdiction and Term. (Sec 11)
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.
Renewal of Commission. (Sec 13) OCA Circular No. 110-2014 dated August 22, 2014
Aside from payment of the application fee, a notary public needs only to file a written application
with the Executive Judge within forty-five (45) days before the expiration of the notarial
commission, attaching thereto clearances from the following:
(1) Executive Judge of the Regional Trial Court who will issue the notarial commission;
(2) Office of the Bar Confidant;
(3) Local Chapter of the Integrated Bar of the Philippines where the applicant is seeking notarial
commission; and
(4) National Bureau of Investigation.
The Executive Judge shall, upon payment of the application fee mentioned in Section 3 above of this
Rule, act on an application for the renewal of a commission within thirty (30) days from receipt
thereof. If the application is denied, the Executive Judge shall state the reasons therefor. (Sec 14)
Powers (Sec 1)
(1) A notary public is empowered to perform the following notarial acts:
acknowledgments;
oaths and affirmations;
jurats;
signature witnessings;
copy certifications; and
any other act authorized by these Rules.
(2) 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:
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;
both witnesses sign their own names in addition to the thumb or other mark;
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
the notary public notarizes the signature by thumb or other mark through an
acknowledgment, jurat, or signature witnessing.
(3) 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:
the notary public is directed by the person unable to sign or make a mark to sign on his
behalf;
the signature of the notary public is affixed in the presence of two disinterested and
unaffected witnesses to the instrument or document;
both witnesses sign their own names;
the notary public writes below his signature: "Signature affixed by notary in presence of
(names and addresses of person and two [2] witnesses)"; and
the notary public notarizes his signature by acknowledgment or jurat.
Prohibitions. (Sec 2)
General Rule:
(1) A notary public shall not perform a notarial act outside his regular place of work or business;
Exceptions:
public offices, convention halls, and similar places where oaths of office may be administered;
public function areas in hotels and similar places for the signing of instruments or documents
requiring notarization;
hospitals and other medical institutions where a party to an instrument or document is
confined for treatment; and
any place where a party to an instrument or document requiring notarization is under
detention.
(2) A person shall not perform a notarial act if the person involved as signatory to the instrument or
document —
is not in the notary's presence personally at the time of the notarization; and
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.
Disqualifications. (Sec 3)
the notary knows or has good reason to believe that the notarial act or transaction is
unlawful or immoral;
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; and
in the notary's judgment, the signatory is not acting of his or her own free will.
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)
A notary public shall not require payment of any fees specified herein prior to the performance of a
notarial act unless otherwise agreed upon. (Sec 4)
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 had 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 1. A notary public shall keep, maintain, protect and provide for lawful inspection a chronological
official notarial register of notarial acts consisting of a permanently bound book with numbered pages,
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.
A notary public shall keep only one active notarial register at any given time.
For every notarial act, the notary shall record in the notarial register at the time of notarization
the following: (Sec 2.1)
A notary public shall record in the notarial register the reasons and circumstances for not
completing a notarial act. (Sec 2.2)
A notary public shall record in the notarial register the circumstances of any request to inspect or copy
an entry in the notarial register, including the requester's name, address, signature, thumbmark or
other recognized identifier, and evidence of identity. The reasons for refusal to allow inspection or
copying of a journal entry shall also be recorded. (Sec 2.3)
When the instrument or document is a contract, the notary public shall keep an original copy
thereof as part of his records and enter in said records a brief description of the substance thereof
and shall give to each entry a consecutive number, beginning with number one in each calendar
year. He shall also retain a duplicate original copy for the Clerk of Court. (Sec 2.4)
The notary public shall give to each instrument or document executed, sworn to, or acknowledged
before him a number corresponding to the one in his register, and shall also state on the instrument
or document the page/s of his register on which the same is recorded. No blank line shall be left
between entries. (Sec 2.5)
At the end of each week, the notary public shall certify in his notarial register the number of
instruments or documents executed, sworn to, acknowledged, or protested before him; or if none,
this certificate shall show this fact. (Sec 2.7)
A certified copy of each month's entries and a duplicate original copy of any instrument
acknowledged before the notary public shall, within the first ten (10) days of the month following, be
forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no
entry to certify for the month, the notary shall forward a statement to this effect in lieu of
certified copies herein required. (Sec 2.8)
Signed by:
principal;
credible witness swearing or affirming to the identity of a principal; and
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.
In the notary's presence, any person may inspect an entry in the notarial register, during regular
business hours. (Sec 4)
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. (Sec 5)
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.
Affixed only at the time the notarial act is performed and shall be clearly impressed by the
notary public on every page of the instrument or document notarized.
Within five (5) days after the official seal of a notary public is stolen, lost, damaged or other
otherwise rendered unserviceable in affixing a legible image, the notary public, after informing the
appropriate law enforcement agency, shall notify the Executive Judge in writing, providing proper
receipt or acknowledgment, including registered mail, and in the event of a crime committed, provide
a copy or entry number of the appropriate police record.
Within five (5) days after the death or resignation of the notary public, or the revocation or
expiration of a notarial commission, the official seal shall be surrendered to the Executive Judge
and shall be destroyed or defaced in public during office hours.
The Executive Judge shall charge an authorization fee in the amount of Php4,000 for the vendor
and Php8,000 for the manufacturer. If a manufacturer is also a vendor, he shall only pay the
manufacturer's authorization fee. The authorization shall be in effect for a period of four (4) years
from the date of its issuance and may be renewed by the Executive Judge for a similar period upon
payment of the authorization fee.
Official Signature
A notary public shall:
sign by hand on the notarial certificate only the name indicated and as appearing on the
notary's commission;
not sign using a facsimile stamp or printing device; and
affix his official signature only at the time the notarial act is performed.
Contents (Sec 2)
the name of the notary public as exactly indicated in the commission;
the serial number of the commission of the notary public;
the words "Notary Public" and the province or city where the notary public is
commissioned, the expiration date of the commission, the office address of the notary
public; and
the roll of attorney's number, the professional tax receipt number and the place and date
of issuance thereof, and the IBP membership number.
RULE IX. CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC OCA Circular No. 27-2007
dated March 7, 2007
A certificate of authority evidencing the authenticity of the official seal and signature of a notary public
shall be issued by the Executive Judge upon request. (Sec 1)
Within ten (10) days after the change of name of the notary public by court order or by marriage, or
after ceasing to maintain the regular place of work or business, the notary public shall submit a signed
and dated notice of such fact to the Executive Judge. (Sec 1)
he receives from the Executive Judge a confirmation of the new name of the notary public
and/or change of regular place of work or business; and
a new seal bearing the new name has been obtained. The foregoing notwithstanding, until
the aforementioned steps have been completed, the notary public may continue to use the
former name or regular place of work or business in performing notarial acts for three (3)
months from the date of the change, which may be extended once for valid and just
cause by the Executive Judge for another period not exceeding three (3) months.
Resignation (Sec 2)
A notary public may resign his commission by personally submitting a written, dated and signed
formal notice to the Executive Judge together with his notarial seal, notarial register and
records. Effective from the date indicated in the notice, he shall immediately cease to perform notarial
acts. In the event of his incapacity to personally appear, the submission of the notice may be
performed by his duly authorized representative.
RULE XI. REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS
fails to make the proper entry or entries in his notarial register concerning his notarial acts;
fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the
month following;
fails to affix to acknowledgments the date of expiration of his commission;
fails to submit his notarial register, when filled, to the Executive Judge;
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;
fails to require the presence of a principal at the time of the notarial act;
fails to identify a principal on the basis of personal knowledge or competent evidence;
executes a false or incomplete certificate under Section 5, Rule IV;
knowingly performs or fails to perform any other act prohibited or mandated by these Rules;
and
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.
Upon verified complaint by an interested, affected or aggrieved person, the notary public shall
be required to file a verified answer to the complaint.
If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a
summary hearing.
If the allegations of the complaint are not proven, the complaint shall be dismissed.
If the charges are duly established, the Executive Judge shall impose the appropriate
administrative sanctions. In either case, the aggrieved party may appeal the decision to the
Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall be
immediately executory, unless otherwise ordered by the Supreme Court.
The Executive Judge may motu proprio initiate administrative proceedings against a notary
public.
The Executive Judge shall at all times exercise supervision over notaries public and shall closely
monitor their activities. (Sec 2)
“POWER OF THE MUNICIPAL TRIAL COURT JUDGES AND MUNICIPAL CIRCUIT TRIAL
COURT JUDGES TO ACT AS NOTARIES PUBLIC EX OFFICIO”
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, the Court, taking judicial notice of the fact that there are still municipalities which have
neither lawyers nor notaries public, rules that 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 competency 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 (Lapena, Jr. vs. Marcos, Adm. Matter No. 1969-MJ, June 29, 1982, 114 SCRA 572); and,
(2) certification be made in the notarized documents attesting to the lack of any lawyer or notary
public in such municipality or circuit.
CoC of RTC may notarize not only documents relating to the exercise of their official functions
but also private documents provided:
EXECUTIVE Order No. 292, Administrative Code of 1987, Book I, Chapter 10, Sections 41 and 42
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; and with the exception of notaries public, the officer performing the service in those matters
shall charge no fee, unless specifically authorized by law. (Sec 42).
REPUBLIC ACT NO. 7160, LOCAL GOVERNMENT CODE, SECTIONS 156 TO 163
In the case of husband and wife, the additional tax herein imposed shall be based upon the
total property owned by them and the total gross receipts or earnings derived by them.
Every corporation no matter how created or organized, whether domestic or resident foreign,
engaged in or doing business in the Philippines.
The community tax shall be paid in the place of residence of the individual, or in the place where
the principal office of the juridical entity is located. (Sec 160)
No notary public or other office authorized to administer oaths shall add this jurat or acknowledgment
to any document subject to documentary stamp tax unless the proper documentary stamps are
affixed thereto and cancelled.
Public Act No. 2103 “AN ACT PROVIDING FOR THE ACKNOWLEDGMENT AND
AUTHENTICATION OF INSTRUMENTS AND DOCUMENTS WITHOUT THE PHILIPPINE
ISLANDS.”
a) The acknowledgment shall be made before (1) an ambassador, minister, secretary of legation,
chargé d’affaires, consul, vice-consul, or consular agent of the United States,1 acting within the
country or place to which he is accredited, or (2) a notary public or officer duly authorized by law of
the country to take acknowledgments of instruments or documents in the place where the act is done.
(b) The person taking the acknowledgment shall 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. The certificate shall be under his official seal,
if he is by law required to keep a seal, and if not, his certificate shall so state.
In case the acknowledgment is made before a notary public or an officer mentioned in subdivision (2)
of the preceding paragraph, the certificate of the notary public or the officer taking the
acknowledgment shall be authenticated by an ambassador, minister, secretary of legation, chargé
d’affaires, consul, vice-consul, or consular agent of the United States,2 acting within the country or
place to which he is accredited. The officer making the authentication shall certify under his official
seal that the person who took the acknowledgment was at the time duly authorized to act as notary
public or that he was duly exercising the functions of the office by virtue of which he assumed to act,
and that as such he had authority under the law to take acknowledgment of instruments or documents
in the place where the acknowledgment was taken, and that his signature and seal, if any, are
genuine.
SAMPLES:
Jurat
SUBSCRIBED and sworn to before me, in the City/Municipality of ______, this day of ____, 20___ by
________________ with Residence Certificate No. __________ issued at ___________, on
_________ 20___.
Acknowledgement
BEFORE ME, a Notary Public for and in ____________________, Philippines personally appeared
the following persons this _______________, at the place first above
known to me to be the same persons who executed the foregoing NON-DISCLOSURE AGREEMENT, consisting of _
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, on the day, year, and place first a
COPY CERTIFICATION
3. That I have compared the copy of said document with the original copy; and
4. That I certify, after having determined, that the said copy is accurate and complete
compared with the original document copied.
This certification is issued upon the request of MR. MONEY PAKYAW for all legal
purposes.
Doc. No.
Page No.
Book No.
Series of 2024.
Signature Witnessing
BEFORE ME, a Notary Public in and for the City of Pasay, this 21st day of February
2024, personally appeared LESTER BENITO who appeared to me Baptismal Certificate
which he voluntarily signed in my presence.
WITNESS MY HAND AND SEAL this 21st day of February 2024 at Pasay City.