2004 RULES ON
NOTARIAL
PRACTICE
SALIENT The Notarial Law is explicit on the obligations and duties of notaries public.
FEATURES: They are required to certify that the party to every document acknowledged
before them has presented the proper residence certificate (or exemption from
the residence tax); and to enter its number, place of issue and date as part of such
certification.
They are also required to maintain and keep a notarial register; to enter therein
all instruments notarized by them; and to give to each instrument executed,
sworn to, or acknowledged before them a number corresponding to the one in
their register and to state therein the page or pages of their register, on which the
same is recorded.
Failure to perform these duties would result in the revocation of their
commission as notaries public.
Purpose of the 2004 Notarial Rules:
• To promote, serve, protect public interest,
• To simplify, clarify, and modernize the rules governing notaries public, and
• To foster ethical conduct among notaries public.
Who May Be a Notary Public?
• 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. (Sec
1, Rule 3 AM 02-18-13-SC)
Forms and Contents of Petition
Every petition for a notarial commission shall be in writing,
verified, and shall include the following:
a) A Statement containing the petitioners personal qualifications
including the petitioner’s date of birth, residence, telephone
number, professional tax receipt, roll of attorney’s number and
IBP Membership number,
b) Certification of good moral character of the petitioner by at least
two (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, and
d) Three (3) passport-size color photographs with light background
taken within thirty (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 2, Rule 3 Ibid.)
Other Matters
Payment of application fee
Hearing of the petition
Summary in nature
Notice shall be posted in the designated
court areas and published in a
newspaper of general circulation.
Any person who has cause to oppose
the same may file a written opposition.
JURISDICTION AND TERM OF A
NOTARY PUBLIC
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 is made, unless earlier revoked or
the notary public has resigned under these Rules
and the Rules of Court. (Sec 11, Rule 3, ibid.)
MAY THE YES. A Notary Public may file a written
TERM BE application with the Executive Judge for the
RENEWED? renewal of his commission within forty-five (45)
days before the expiration thereof. A mark,
image or impression of the seal of the notary
public shall be attached to the application.
Failure to file said application will result in the
deletion of the name of the notary public in the
register of notaries public. The notary public
thus removed from the Register of Notaries
Public may only be reinstated therein after he
is issued a new commission in accordance with
these Rules. (Sec 13, Rule 3, ibid.)
POWERS & LIMITATIONS OF A NOTARY PUBLIC
A notary Acknowledgments
public is Oaths and Affirmations
empowered Jurats
to perform Signature witnessing
the following Copy certifications, and
notarial acts: Any other act authorized by these Rules (Sec 1, Rule 4, ibid.)
NOTARIAL SEAL
Every person commissioned as
notary public shall have only one
official seal of office in accordance
with these Rules.
NOTARIAL REGISTER
• Every notary public shall keep, maintain, protect and provide
for lawful inspection, a chronological official register of notarial
acts consisting or a permanently bound book with numbered
pages. The notary public shall supply a certified true copy of
such record, or any part thereof, to any person applying for it
upon payment of the legal fees.
Sample Notarial Book/Register
Sample Monthly
Transmittal
FUNCTIONS OF • To guard against any illegal or
A NOTARY immoral arrangements. That function
PUBLIC would be defeated if the notary public
were 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, and
the very purpose of the
acknowledgment, which is to minimize
fraud would be thwarted. (Villarin vs
Sabate, Feb 9, 2000)
What Constitutes Competent Evidence
of “Identity”?
The following constitutes competent evidence of identity:
a) At least one current identification document issued
by an official agency bearing the photograph and
signature of the individual; or
b) The oath or affirmation of one credible witness not
privy to the instrument, document or transaction, or
two credible witnesses neither of whom is privy to the
instrument, document or transaction who each
personally knows the indivdual and shows to the
notary public documentary identification. (Sec 12,
Rule 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:
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 acknowledgement, jurat, or
signature witnessing. (ibid.)
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:
If the notary public is directed by the person unable to sign or make a
make 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. (ibid.)
PROHIBITIONS
A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that on
certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the following
sites located within his territorial jurisdiction:
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.
OTHER PROHIBITIONS
A person shall not perform a notarial act if the
person involves 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.
A notary public
cannot notarize a Is a party to the instrument or document that is
to be notarized;
document if s/he:
Will receive, as a direct or indirect result, any
commission, fee, advantage, right, title,
interest, cash, property, or other consideration,
except as provided by these Rules and by law;
or
Is a spouse, common-law partner, ancestor,
descendant, or relative by affinity or
consanguinity of the principal within the
fourth civil degree.
OTHER A notary public shall not perform any notarial act
described in these Rules for any person requesting such
PROHIBITED an act even if he tenders the appropriate fee specified by
ACTS these Rules if:
• 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 on
his or her own free will.
