You are on page 1of 21

QUALIFICATIONS OF NOTARY PUBLIC

SECTION 1. Qualifications. - xxx To be eligible for commissioning as notary public, the petitioner:
(1) must be a citizen of the Philippines;
(2) must be over twenty-one (21) years of age;
(3) 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;
(4) 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
(5) must not have been convicted in the first instance of any crime involving moral turpitude.( RULE III )
SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a summary hearing on
the petition and shall grant the same if:

(a) the petition is sufficient in form and substance;

(b) the petitioner proves the allegations contained in the petition; and

(c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully
understood these Rules.

The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to
Purchase a Notarial Seal in favor of the petitioner.
REQUIREMENT OF PUBLICATION OF SUMMARY HEARING

SEC. 5. Notice of Summary Hearing. - (a) The notice of summary hearing shall be published in a
newspaper of general circulation in the city or province where the hearing shall be conducted and
posted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court.
JURISDICTION AND TERM
SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may perform notarial acts
in any place within the territorial jurisdiction of the commissioning court for a period of two (2)
years commencing the first day of January of the year in which the commissioning is made, unless earlier
revoked or the notary public has resigned under these Rules and the Rules of Court.
POWERS OF A NOTARY PUBLIC
SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessing;
(5) copy certifications; and
(6) any other act authorized by these Rules. ( RULE IV)

DIFFERENT NOTARIAL ACTS THAT A NOTARY PUBLIC MAY

PERFORM

( RULE II )
ACKNOWLEDGMENT

SECTION 1. Acknowledgment. - "Acknowledgment" 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 through
competent evidence of identity as defined by these Rules; and

(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, 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.

Example of ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF CEBU

) S.s.

BEFORE ME A NOTARY PUBLIC, for the City of Cebu, personally came and appeared MATEO CABALUNA,
whose identity is proven by his Non-Professional Drivers License No. 12345 valid until September 2009
and presented his CTC No. 7545 issued on 1/2/06 at Cebu City, Philippines, and who acknowledged to me
that the same is his free and voluntary act and deed.

Necessity to present CTC

NOTE: IS COMMUNITY TAX STILL REQUIRED TO BE STATED IN THE JURAT OR


ACKNOWLEDGMENT?
ANSWER: YES
BASIS:
SEC. 163 [ Local Government Code of 1991 ].
Presentation of Community Tax Certificate On Certain Occasions.
(a) When an individual subject to the community tax acknowledges any document before a
notary public, takes the oath of office upon election or appointment to any position in the government
service; receives any license, certificate, or permit from any public authority; pays any tax or fee; receives
any money from any public fund; transacts other official business;
or receives any salary or wage from any person or corporation, it shall be the duty of any person,
officer, or corporation with whom such transaction is made or business done or from whom any
salary or wage is received to require such individual to exhibit the community tax certificate.
The presentation of community tax certificate shall not be required in connection with the registration of a
voter.
b) When, through its authorized officers, any corporation subject to the community tax receives any
license, certificate, or permit from any public authority, pays any tax or fee, receives money from public

funds, or transacts other official business, it shall be the duty of the public official with whom such
transaction is made or business done, to require such corporation to exhibit the community tax certificate.
AFFIRMATION OR OATH
SEC. 2. Affirmation or Oath. - The term "Affirmation" or "Oath" refers to an act in which an individual on a
single occasion:

(a) appears in person before the notary public;

(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity as defined by these Rules; and

(c) avows under penalty of law to the whole truth of the contents of the instrument or document.

JURAT

SEC. 6. Jurat. - "Jurat" 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.

EXAMPLE OF JURAT

SUBSCRIBED AND SWORN TO BEFORE ME by MATEO CABALUNA, who is personally known to me and
presented his CTC No. 7545 issued on 1/2/06 at Cebu City, Philippines, and who is the same person who
personally signed before me the foregoing affidavit and acknowledged that he executed the same.
NOTARY PUBLIC
SIGNATURE WITNESSING
SEC. 14. Signature Witnessing. -The term "signature witnessing" refers to a 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; and
(c) signs the instrument or document in the presence of the notary public.
EXAMPLE OF SIGNATURE WITNESSING
BEFORE ME, a Notary Public in and for the City of Dumaguete, this 3rd day of November 2007,
personally appeared PEDRO CRUZ who presented to me ( name of document) which he voluntarily signed
in my presence.
WITNESS MY HAND AND SEAL this_day of November 2007 at Dumaguete City
COPY CERTIFICATION
SEC. 4. Copy Certification. - "Copy Certification" 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.
EXAMPLE OF COPY CERTIFICATION
CERTIFICATION
This is to certify that I was presented with a______(name of instrument) which is neither a vital
record, a public record, nor publicly recordable; that I copied/supervised the copying of the instrument; and
that I compared the copied instrument with the original copy and I hereby certify that the copy is accurate
and complete.
POWER TO CERTIFY THE AFFIXING OF SIGNATURE BY THUMB
(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.

For Example:

( Thumbmark of Pedro Aurellano)


(Sgd. Maria Clara)

(Sgd. Jose Abad)

Thumbmark affixed by Pedro Aurellano in the presence of Maria Clara, a resident of Cebu City, and Jose
Abad, a resident of Tagbilaran City, and the undersigned Notary Public.
NOTARY PUBLIC
POWER TO SIGN IN BEHALF OF A PERSON UNABLE TO SIGN
(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.
PROHIBITIONS OF A NOTARY PUBLIC
( RULE: Notarial Act must be performed within regular place of work or business)
SEC. 2. Prohibitions. - (a) 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:
EXCEPTIONS:
(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; and
(4) any place where a party to an instrument or document requiring notarization is under detention.
ADDITIONAL PROHIBITION:
(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.
DISQUALIFICATIONS
SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he:
(a) is a party to the instrument or document that is to be notarized;
(b) 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
(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity
of the principal within the fourth civil degree. ( SECTION 3, RULE IV)
UNDER WHAT CIRCUMSTANCES MAY A NOTARY PUBLIC REFUSE TO NOTARIZE A
DOCUMENT?
SEC. 4. Refusal to Notarize. xxx

xxx

(a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or
immoral;

(b) 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
(c) in the notary's judgment, the signatory is not acting of his or her own free will.
ANOTHER

INSTANCE:

FALSE AND INCOMPLETE CERTIFICATE


SEC. 5. False or Incomplete Certificate. - A notary public shall not:
(a) execute a certificate containing information known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete.

IMPROPER INSTRUMENTS OR DOCUMENTS


SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate notarial certification.
REQUIREMENT
WHAT

TO KEEP A

NOTARIAL REGISTER

IS A NOTARIAL REGISTER?

SEC. 5. Notarial Register. - "Notarial Register" refers to a permanently bound book with numbered
pages containing a chronological record of notarial acts performed by a notary public.
SECTION 1. Form of Notarial Register. - (a) 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.
( RULE VI)
ENTRIES

IN THE NOTARIAL REGISTER

(1) the entry number and page number;


(2) the date and time of day of the notarial act;
(3) the type of notarial act;
(4) the title or description of the instrument, document or proceeding;
(5) the name and address of each principal;
(6) the competent evidence of identity as defined by these Rules if the signatory is not personally
known to the notary;
(7) the name and address of each credible witness swearing to or affirming the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if not in the notary's regular place of work or
business; and

(10) any other circumstance the notary public may deem of significance or relevance.( SECTION 2)
REQUIREMENT OF SIGNING NOTARIAL REGISTER BY PRINCIPAL AND WITNESSES
SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial register shall be
signed or a thumb or other mark affixed by each:
(a) principal;
(b) credible witness swearing or affirming to the identity of a principal; and
(c) 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.
RELEVANT CASES

ROSALINDA BERNARDO VDA DE ROSALES, complainant, vs. ATTY. MARIO G. RAMOS, respondent A.C. No.
5645. July 2, 2002
The notary public is further enjoined to record in his notarial registry the necessary
information regarding the document or instrument notarized and retain a copy of the
document presented to him for acknowledgment and certification especially when it is a
contract. The notarial registry is a record of the notary public's official acts. Acknowledged documents
and instruments recorded in it are considered public documents.
If the document or instrument does not appear in the notarial records and there is no copy of it
therein, doubt is engendered that the document or instrument was not really notarized, so that it is not a
public document and cannot bolster any claim made based on this document. Considering the evidentiary
value given to notarized documents, the failure of the notary public to record the document in his
notarial registry is tantamount to falsely making it appear that the document was notarized when in fact it
was not.
RESIGNATION

OF NOTARY PUBLIC

SEC. 2. Resignation. - 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. ( SECTION 2, RULE X)
REVOCATION OF NOTARIAL COMMISSION
SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall revoke a notarial
commission for any ground on which an application for a commission may be denied.
OTHER

GROUNDS:

(b) 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;
(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. ( SECTION 1,
RULE XI)
PROCEDURE

IN DISCIPLINING

A NOTARY PUBLIC

(c) 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.
(d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public,
subject to the procedures prescribed in paragraph (c) above and impose the appropriate administrative
sanctions on the grounds mentioned in the preceding paragraphs (a) and (b).

WHY DO WE HAVE TO NOTARIZE A DOCUMENT?


ANSWER:
TO CONVERT A PRIVATE DOCUMENT INTO A PUBLIC DOCUMENT.

WHAT IS THE "EFFECT" IF DOCUMENT IS NOT NOTARIZED?


A deed of sale which had not been notarized is still binding between the parties under Article 1261 of
the Old Civil Code in force at the time of the conveyance where all the elements of a valid contract were
present, such as subject matter, capacity and consent of the parties, and lawful consideration ( SORIANO
VS.LATONO G.R. No. L-3408 December 23, 1950)
Presumption of regularity:
In case of conflict of testimony, certificate of notary public that the party to a deed executed the
document and acknowledged the fact of its execution will be upheld.- A MERE PREDONDERANCE
OF EVIDENCE IS NOT SUFFICIENT TO OVERTHROW A CERTIFICATE OF A NOTARY TO THE EFFECT THAT A
GRANTOR EXECUTED A CERTAIN DOCUMENT AND ACKNOWLEDGED THE FACT OF ITS EXECUTION.
The testimony of a notary public, who is at the same time a lawyer, must be given more credence than
the testimony of a party denying a contract acknowledged before the same notary public
REFERENCE:
RULE 132-RULES ON EVIDENCE
Section 19. Classes of Documents. For the purpose of their presentation in evidence,
documents are either public or private.
Public documents are:
(a) The written official acts, or records of the official acts of the sovereign authority, official bodies
and tribunals, and public officers, whether of the Philippines, or of a foreign country;
(b) Documents acknowledge before a notary public except last wills and testaments; and
(c) Public records, kept in the Philippines, of private documents required by law to the entered
therein.
WHAT IS THE RULE IN AUTHENTICATING PRIVATE DOCUMENTS?
ANSWER:
SECTION 20, RULE 132.
Section 20. Proof of private document. Before any private document offered as authentic is
received in evidence, its due execution and authenticity must be proved either:
(a) By anyone who saw the document executed or written; or
(b) By evidence of the genuineness of the signature or handwriting of the maker.
Any other private document need only be identified as that which it is claimed to be. (21a)

WITHOUT PROVING ITS DUE EXECUTION AND AUTHENTICITY, IT CANNOT BE ADMITTED AS EVIDENCE. THIS
IS ONE OF THE MOST IMPORTANT OBJECTIVE WHY A PRIVATE DOCUMENT HAS TO BE
NOTARIZED.
SECTION 30, RULE 132, provides:
Section 30. Proof of notarial documents. Every instrument duly acknowledged or proved and
certified as provided by law, 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.
JURAT ( GENERALLY REQUIRED FOR AFFIDAVITS):
THE REVISED PENAL CODE:
Art. 183. False testimony in other cases and perjury in solemn affirmation. The penalty of arresto
mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any
person, who knowingly makes untruthful statements and not being included in the provisions of the next
preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a
competent person authorized to administer an oath in cases in which the law so requires.
Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the
falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective
penalties provided therein.
FELY E. CORONADO, complainant, vs. ATTY. ERNESTO FELONGCO, respondent.
15, 2000]

[A.C. NO. 2611. November

It is thus obvious that the party acknowledging must appear before the notary public or any other
person authorized to take acknowledgments of instruments or documents. In the case at bar, the
acknowledgment of the Deed of Promise to Sell stated that on the "10th day of September, 1982 at
Koronadal, South Cotabato personally appeared: FE ESTEVA [and] FLORENDA FARAON" before the
respondent. Esteva died on September 6, 1982, hence, it is clear that the acknowledgment was made in
violation of the notarial law.
Time and again, we have emphasized that notarization is not an empty routine. It converts a
private document into a public one and renders it admissible in court without further proof of
its authenticity. A notarial document is by law entitled to full faith and credit upon its face and, for this
reason, notaries public must observe with the utmost care the basic requirements in the performance of
their duties.
Otherwise, the confidence of the public in the integrity of this form of conveyance would be
undermined.
SPOUSES BENJAMIN SANTUYO AND EDITHA SANTUYO, complainants, vs. ATTY. EDWIN A. HIDALGO,
respondent. [A.C. No. 5838. January 17, 2005]
Considering that the responsibility attached to a notary public is sensitive respondent should have
been more discreet and cautious in the execution of his duties as such and should not have
wholly entrusted everything to the secretaries; otherwise he should not have been
commissioned as notary public.
For having wholly entrusted the preparation and other mechanics of the document for
notarization to the secretary there can be a possibility that even the respondents signature which is
the only one left for him to do can be done by the secretary or anybody for that matter as had been the
case herein.

A.M. No. 02-8-13-SC


2004 Rules on Notarial Practice
What is an acknowledgment?
Rule II
SECTION 1. Acknowledgment. - "Acknowledgment" 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 through
competent evidence of identity as defined by these Rules; and
(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, 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.
What is Affirmation or Oath?
SEC. 2. Affirmation or Oath. - The term "Affirmation" or "Oath" refers to an act in which an individual on a
single occasion:
(a) appears in person before the notary public;
(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity as defined by these Rules; and
(c) avows under penalty of law to the whole truth of the contents of the instrument or document.
What is copy certification?
SEC. 4. Copy Certification. - "Copy Certification" 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.
What is jurat?
SEC. 6. Jurat. - "Jurat" 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.

Competent Evidence of Identity:


SEC. 12. Competent Evidence of Identity. - The phrase "competent evidence of identity" refers to the
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; or
(b) 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.

ILLUSTRATIONS [ ACKNOWLEDGMENT e.g. required in contracts and other deeds of


conveyances]:
I. Example of Par. (a) i.e. identity is proven by one current I.D. issued by an official
agency.
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU

) S.s.

BEFORE ME A NOTARY PUBLIC, for the City of Cebu, personally came and appeared MATEO
CABALUNA, whose identity is proven by his Non-Professional Drivers License No. 12345
valid until September 2009 and presented his CTC No. 7545 issued on 1/2/06 at Cebu City,
Philippines, and who acknowledged to me that the same is his free and voluntary act and deed.
WITNESS MY HAND AND SEAL, this__day of June 2006 at Cebu City, Philippines.
NOTARY
PUBLIC
II. Example of Par. ( b) where individual IS PERSONALLY KNOWN to the NOTARY PUBLIC.
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU

) S.S.

BEFORE ME A NOTARY PUBLIC, for the City of Cebu, personally came and appeared MATEO
CABALUNA, who is personally known to me to be the person who executed the foregoing
instrument and presented his CTC No. 7545 issued on 1/2/06 at Cebu City, Philippines, and who
acknowledged to me that the same is his free and voluntary act and deed.
This instrument consisting of two (2) pages, including this page on which this
acknowledgement, relates to a sale of a parcel of land situated at 981-B Upper Suran, E. Sabellano
St., Barangay Kinasang-an, Cebu City, Philippines.
WITNESS MY HAND AND SEAL, this__day of June 2006 at Cebu City, Philippines.
NOTARY PUBLIC
III. Example of Par. (b) where individual does not have an I.D. and whose identity is proven
affirmation or oath of one credible witness personally known to the notary public.

REPUBLIC OF THE PHILIPPINES)


CITY OF CEBU

) S.S.

BEFORE ME A NOTARY PUBLIC, for the City of Cebu, personally came and appeared MATEO
CABALUNA, who is personally known by JOSE CRUZ who is personally known to me and
personally knows the principal to be the person who executed the foregoing instrument and
presented his CTC No. 7545 issued on 1/2/06 at Cebu City, Philippines, and who acknowledged to
me that the same is his free and voluntary act and deed.
This instrument consisting of two (2) pages, including this page on which this
acknowledgement, relates to a sale of a parcel of land situated at 981-B Upper Suran, E. Sabellano
St., Barangay Kinasang-an, Cebu City, Philippines.
WITNESS MY HAND AND SEAL, this__day of June 2006 at Cebu City, Philippines.
Requirement of "oath" or "affirmation"
In this case, considering that the identity of the principal is attested to by another individual, the
latter has to execute a SEPARATE oath or affirmation, as follows:

OATH OR AFFIRMATION
I,) I JOSE CRUZ, of legal age, Filipino, and a resident of B.Rodriguez St., Cebu City, affirm under
penalty of law, that the following statements are true:
2.) That MATEO CABALUNA is the same person named in the (name of instrument).
2)That MATEO CABALUNA is personally known to the undersigned witness.
3) That MATEO CABALUNA does not possess a current identification document issued by an official
agency as required under the Rules on Notarial Practice
4) That the undersigned witness is not privy to the (name of instrument)
IN WITNESS WHEREOF, I have hereunto affixed my signature this__day of November 2007 at
Cebu City, Philippines.
JOSE CRUZ
SUBSCRIBED AND SWORN TO BEFORE ME this__day of November 2007 at Cebu City, Phil.
NOTARY PUBLIC
III. Example of Par. ( b) where individual does not have an I.D. and identity is proven by two
credible witnesses with documentary identification.
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU

) S.c.

BEFORE ME A NOTARY PUBLIC, for the City of Cebu, personally came and appeared MATEO
CABALUNA, who presented his CTC No. 7545 issued on 1/2/06 at Cebu City, Philippines, whose
identity is established through:
JOSE CRUZ with Drivers License No. 2345 valid until September 2009

GEMMA CRUZ with Drivers License No. 5678 valid until October 2009
both of whom personally know the principal to be the one who executed the foregoing
instrument and who acknowledged to me that the same is his free and voluntary act and deed.
This instrument consisting of two (2) pages, including this page on which this acknowledgement,
relates to a sale of a parcel of land situated at 981-B Upper Suran, E. Sabellano St., Barangay
Kinasang-an, Cebu City, Philippines.
WITNESS MY HAND AND SEAL, this__day of June 2006 at Cebu City, Philippines.
NOTARY PUBLIC
AGAIN, in this example, there is a requirement of an oath or affirmation by the two witnesses,
Jose Cruz, and Gemma Cruz, because the identity of the principal is established through them.
BAR QUESTION 2007:
VII.
(Total 10%)
(a) What evidence of identity does the 2004 Rules on
can

Notarial Practice require before a notary public

officially affix his notarial seal on and sign a document presented by an individual whom the notary
public does not personally know? (5%)
WHO ARE AUTHORIZED TO ADMINISTER AN "OATH"?
REPUBLIC ACT No. 6733, amending Sec. 41 of Book I ( ADMINISTRATIVE CODE OF 1987)
Officers Authorized to Administer Oath.
1. President; Vice-President;
2. Members and Secretaries of both Houses of the Congress;
3. Members of the Judiciary;
4. Secretaries of Departments;
5. Provincial governors and lieutenant-governors;
6. City mayors; municipal mayors;
7. Bureau directors; regional directors;
8. Clerks of courts; registrars of deeds; and other civilian officers in the Philippine public
service whose appointments are vested in the President of the Philippines and are subject to
confirmation by the Commission on Appointments;
9. All other constitutional officers;
10. Notaries public.
ILLUSTRATIONS [ JURAT e.g. required for Affidavits, sworn statements etc. ]
I. Example of Par. (a) i.e. identity is proven by one current I.D. issued by an official agency.

SUBSCRIBED AND SWORN TO BEFORE ME by MATEO CABALUNA, whose identity is proven by


his Non-Professional Drivers License No. 12345 valid until September 2009 and presented
his CTC No. 7545 issued on 1/2/06 at Cebu City, Philippines, that he is the same person who
executed the foregoing affidavit before me and acknowledged that he executed the same.
NOTARY PUBLIC
II. Example of Par. ( b) where individual IS PERSONALLY KNOWN to the NOTARY PUBLIC.
SUBSCRIBED AND SWORN TO BEFORE ME by MATEO CABALUNA, who is personally known to me
and presented his CTC No. 7545 issued on 1/2/06 at Cebu City, Philippines, and who is the same
person who personally signed before me the foregoing affidavit and acknowledged that he executed
the same.
NOTARY PUBLIC
III. Example of Par. (b) where individual does not have an I.D. and whose identity is proven
affirmation or oath of one credible witness personally known to the notary public.
SUBSCRIBED AND SWORN TO BEFORE ME by MATEO CABALUNA, who is personally known by
JOSE CRUZ who is personally known to me and who personally knows the principal and
presented his CTC No. 7545 issued on 1/2/06 at Cebu City, Philippines, that he is the same person
who executed the foregoing affidavit and acknowledged that he executed the same.
NOTARY PUBLIC

IV. Example of Par. ( b) where individual does not have an I.D. and identity is proven by two
credible witnesses with documentary identification.
SUBSCRIBED AND SWORN TO BEFORE ME by MATEO CABALUNA, whose identity is established
through:
JOSE CRUZ with Drivers License No. 2345 valid until September 2009
GEMMA CRUZ with Drivers License No. 5678 valid until October 2009
both of whom personally know the principal that he is the same person who executed the
foregoing affidavit before me and presented his CTC No. 7545 issued on 1/2/06 at Cebu City,
Philippines, and acknowledged that he executed the same.

SPECIAL CLAUSES IN CERTAIN CONTRACTS


ACCELERATION CLAUSE (Usually found in Loan Forms, Promissory Notes etc.)
If Party A shall fail to pay the principal, any installment or interest thereon, under this Agreement then,
and in any such event, Party B may, by notice to Party A, declare all amounts payable under this
agreement..
ARBITRATION CLAUSE ( Articles 2042 to 2046 of the New Civil Code; Republic Act No.
876 a.k.a. The Arbitration Law)
What is arbitration? ( Section 2 of RA 876)
Two or more persons or parties may submit to the arbitration of one or more arbitrators any
controversy existing between them at the time of the submission and which may be the subject of an
action, or the parties to any contract may in such contract agree to settle by arbitration a
controversy thereafter arising between them
If the parties hereto are unable to resolve by mutual agreement any dispute or controversy between
them concerning this agreement, the parties agree that the dispute or controversy shall be finally settled
by mandatory, binding arbitration. Costs of arbitration shall be borne by the parties in accordance with the
decision of the arbitrators. Judgment upon the award rendered shall be entered into any court having
competent jurisdiction thereof.
BAR QUESTION 2007:
X.
(10%)
Prepare an arbitration clause to be included in a contract.
ESCALATION CLAUSE
In what cases may this be incorporated?
Art. 1250. In case an extraordinary inflation or deflation of the currency stipulated should
supervene, the value of the currency at the time of the establishment of the obligation shall be the basis of
payment, unless there is an agreement to the contrary. (n)
There shall be added [ or deducted] to the contract price such sums in respect of rise or fall in the
cost of labor and/or materials or any other matters affecting the cost of the execution of the works.
EXCLUSIVITY CLAUSE
During the period of this contract, Party B undertakes to provide services exclusively to Party A
and to devote his time, skill and attention to the engagement during the term of this agreement. Party B
will perform no services to any other entity which may constitute a conflict of interest with his services to
Party A. Party A shall have sole discretion to determine if such conflict of interest exists.
NON-COMPETITION CLAUSE
Employee agrees that during the term of this Agreement , he will not render services as an employee or
consultant to, nor invest or acquire any interest in, any corporation or any other business organization, a

substantial portion of the business of which is the same as, related to, or complementary to the business of
the Company or its affiliates or subsidiaries
RETENTION CLAUSE
The employer shall be entitled to retain five percent (5%) of the value of the works until the
employer has issued to the contractor the final certificate of payment.
CONFIDENTIALITY CLAUSE
Employee shall not during, or at any time after the termination of his/her employment with the
Employer, use for himself/herself or others, or disclose or divulge to others including future employees, any
trade secrets, confidential information, or any other proprietary data of the Employer in violation of this
agreement.
RIGHT OF FIRST REFUSAL CLAUSE
BAR QUESTION 2007:
VIII.
Prepare a clause stipulating a right of first refusal to be embodied in a contract of lease, in case of sale of
the property leased. (10%)
RIGHT OF FIRST REFUSAL. If during the term, or any extensions thereof, the LESSOR shall receive
a bona fide offer to lease the LEASED PREMISES which offer is acceptable to LESSOR, LESSOR agrees to
keep this lease contract intact and shall not transfer, convey, lease, assign any right that will affect this
lease contract between herein LESSOR and LESSEE to any transferee, lessee, assignee, designee or
nominee.
If upon the expiration of the term, or any extension thereof and within twelve (12) months from
expiration of the term or any extension thereof, LESSOR shall receive a bonafide offer to lease the LEASED
PREMISES which offer is acceptable to LESSOR, LESSOR agrees that LESSEE shall have the right of preemption and is hereby granted the right of first refusal to lease the LEASED PREMISES at the same rental
rate per square meter and term as offered in said bonafide offer. ..
Another example:
OPTION TO PURCHASE. If during the term of this lease or any extension thereof, LESSOR shall
receive a bona fide offer to purchase the LEASED PREMISES as a whole, which offer is acceptable to
LESSOR, LESSOR agrees that LESSEE shall have the right of pre-emption and is hereby granted an option
to purchase the LEASED PREMISES upon the same terms and conditions stated in said offer
MOST FAVORED CUSTOMER CLAUSE
If during the term of this Agreement, Party A sells [ state commodity] to any third party, under
substantially similar circumstances and conditions, at charges and/or upon terms and conditions which are
more favorable that those effective pursuant to this Agreement, then Party A shall immediately notify Party
B, and such more favorable prices, terms and/or conditions shall apply under this Agreement.
LITIGATION CLAUSE
In the event of any court action between the parties herein arising out of or in relation to any of
the terms and condition of this contract, the same shall be filed in the proper court of (state court
territory), to the exclusion of all other courts.
SEVERABILITY CLAUSE

If any one or more of the provisions of this contract is declared invalid or unenforceable in any
respect under any applicable law the validity, legality or enforceability of the remaining provision
contained herein shall not in any way be affected or impaired.
NO WAIVER CLAUSE
The failure of any party to insist upon a strict performance of any of the terms, conditions and
covenants hereof shall not be deemed a relinquishment or waiver of such terms, conditions or covenants,
granted to such party, nor shall it be construed as a condonation of any subsequent breach or default of
the terms, conditions and covenants hereof, and the subsequent acceptance of rent by the LESSOR shall
not be deemed to be a waiver of any prior knowledge of such breach at the time of acceptance of such
rent.
No waiver by the LESSOR of any of its rights under this contract shall be deemed to have been made
unless expressed in writing and signed by the LESSOR.
ATTORNEYS FEE CLAUSE
ATTORNEYS FEE. Any violation of the terms, conditions, covenants and agreements hereof by any of the
parties hereto shall be brought to the proper courts of________________ and will entitle the offended party to
damages, attorneys fee and cost of suit.
VENUE CLAUSE
In the event of any court action between the parties herein arising out of or in relation to any of
the terms and condition of this contract, the same shall be filed in the proper court of (state court
territory), to the exclusion of all other courts.
RULE OF CONSTRUCTION CLAUSE
(How the terms of a contract shall be interpreted in case of conflict of interpretation of its
provisions?)
Example:
This contract shall be construed, interpreted and governed by the laws of the Philippines.

CONVEYANCING DEFINED:
A. Conveyancing refers to the transfer of title to land from one to another, or class of persons, to
another by deed.
It also includes:
ASSIGNMENT, LEASE, MORTGAGE, ENCUMBRANCE OF LAND.
B. CONVEYANCE- Everything by which any estate or interest in estate is created, alienated, mortgaged, or
assigned.
BASIC ELEMENTS OF A CONVEYANCE:

GRANTOR

GRANTEE

DESCRIPTION OF THE PROPERTY INVOLVED

STATEMENT OF THE CONSIDERATION

DISPOSITIVE CLAUSE OR WORDS OF

GRANT

SIGNATURE OF GRANTOR WITH AT LEAST TWO WITNESSES

NOTARIAL ACKNOWLEDGMENT

Contract always begins with a title or the name of the SPECIFIC DOCUMENT such as:
a) DEED OF SALE
b) DEED OF MORTGAGE
c) DEED OF DONATION
d) DEED OF ASSIGNMENT
GRANTOR( e.g. Seller, Transferor, Assignor, Donor, Mortgagor etc.
Example:
EUFEMIO MARIO RUIZ, of legal age, Filipino citizen, and a resident of Talibon, Bohol, hereinafter to be
referred to as the VENDORS.

GRANTEE ( Buyer, Transferee,Assignee, Donee, Mortgagee etc.)

SPOUSES LYNDE C. LAMBO and NILDA RUIZ LAMBO, of legal age, Filipinos, and residents of 328-N
Gorordo Avenue, Cebu City, hereinafter referred to as the VENDEE.
DESCRIPTION OF PROPERTY INVOLVED( in other words the subject matter of the contract)
WHEREAS, the VENDOR is the absolute and registered owner of a parcel of land located at Barangay
Maayongtubig, Municipality of Dauin, Negros Oriental covered by Transfer Certificate of Title No. FT-6639 of
the Register of Deeds of Negros Oriental and more particularly described as follows:

DESCRIPTION OF PROPERTY INVOLVED( in other words the subject matter of the contract)

A parcel of land (Lot 7072-B, of the subdivision plan Psd-07-033185, being a portion of lot 7072, pls-759),
situated in the Barrio of Maayong-tubig, Municipality of Dauin, Province of Negros Oriental. Bounded on
the west along line 1-2, by Lot 7088, Pls-759; on the NW. along line 2-3, by Lot 7071, Pls-759; on the
North along line 3-4, by Lot 7036, Pls-759, on the NE etc..
STATEMENT OF CONSIDERATION
For and in consideration of the sum of ONE MILLION PESOS (P1,000,000.00) Philippine Currencyreceipt
whereof is hereby acknowledgmed to the entire satisfaction of the VENDOR
DISPOSITIVE CLAUSE OF WORDS OF GRANT
If Deed of Sale:
the VENDOR hereby SELLS, TRANSFERS, AND CONVEYS by way of absolute sale unto the
VENDEES, their heirs, assigns, and successors-in-interests, the above-described parcel of land
and the improvements existing thereon as likewise above-described.
If Deed of Mortgage:
That for and in consideration of this indebtedness and to assure the performance of said
obligation to pay, the MORTGAGOR hereby conveys by way of CHATTEL MORTGAGE unto the
MORTGAGEE, his heirs, and assigns, the following personal property now in the possession of
said MORTGAGOR
If Deed of Donation:
That for and in consideration of the love and affection which the DONEE inspires in the
DONOR, and as an act of liberality and generosity, the DONOR hereby voluntarily and freely
gives, transfers and conveys, by way of donation, unto said DONEE, his heirs, executors and
assigns, all of the right, title and interest which said DONOR has in the above-described real
property, together with all the buildings and improvements found therein, free from all liens
and encumbrances and charges of whatsoever nature
SIGNATURE OF GRANTOR WITH AT LEAST TWO WITNESSES

EUFEMIO MARIO RUIZ


VENDOR
WITNESSES :
_____________

______________

NOTARIAL ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU

) S.S.

BEFORE ME A NOTARY PUBLIC, for the City of Cebu, personally came and appeared MATEO
CABALUNA, who is personally known to me to be the person who executed the foregoing
instrument and presented his CTC No. 7545 issued on 1/2/06 at Cebu City, Philippines, and who
acknowledged to me that the same is his free and voluntary act and deed.

FORMS FOR CONVEYANCING


Sec. 112. Forms in conveyancing. ( PRESIDENTIAL DECREE No. 1529 otherwise known as the
Property Registration Decree))
Xxxx . Deeds, conveyances, encumbrances, discharges, powers of attorney and other
voluntary instruments, whether affecting registered or unregistered land, executed in
accordance with law in the form of public instruments shall be registrable:
Provided, That, every such instrument shall be signed by the person or persons
executing the same in the presence of at least two witnesses who shall likewise sign thereon,
and shall acknowledged to be the free act and deed of the person or persons executing the
same before a notary public or other public officer authorized by law to take acknowledgment.
Rule when instrument consist of two (2) pages:
1. Each page of the copy xxx xxx, shall be signed on the left margin thereof by the person or
persons executing the instrument and their witnesses, and all the pages sealed with the
notarial seal.
2. This fact as well as the number of pages shall be stated in the acknowledgment.
3. Where the instrument acknowledged relates to a sale, transfer, mortgage or encumbrance
of two or more parcels of land, the number thereof shall likewise be set forth in said
acknowledgment.