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The claim or belief of Atty. de la Rea that the presence of

petitioner Gamido was not necessary for the jurat because
it is not acknowledgement is patently baseless.

SECTION 6. Jurat. — "Jurat" refers to an act in which an

individual on a single occasion: SECTION 2. Affirmation or Oath. — The term "Affirmation"
(a) appears in person before the notary public and or "Oath" refers to an act in which an individual on a single
presents an instrument or document; occasion:

(b) is personally known to the notary public or (a) appears in person before the notary public;
identified by the notary public through competent (b) is personally known to the notary public or
evidence of identity as defined by these Rules; identified by the notary public through competent
(c) signs the instrument or document in the evidence of identity as defined by these Rules; and
presence of the notary; and (c) avows under penalty of law to the whole truth
(d) takes an oath or affirmation before the notary of the contents of the instrument or document.
public as to such instrument or document.

SECTION 3. Commission. — "Commission" refers to the

SECTION 1. Acknowledgment. — "Acknowledgment" refers grant of authority to perform notarial acts and to the
to an act in which an individual on a single occasion: written evidence of the authority.

(a) appears in person before the notary public and

presents an integrally complete instrument or
document; SECTION 4. Copy Certification. — "Copy Certification"
refers to a notarial act in which a notary public:
(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
(a) is presented with an instrument or document
Rules; and that is neither a vital record, a public record, nor
(c) represents to the notary public that the publicly recordable;
signature on the instrument or document was (b) copies or supervises the copying of the
voluntarily affixed by him for the purposes stated
instrument or document;
in the instrument or document, declares that he
has executed the instrument or document as his (c) compares the instrument or document with the
free and voluntary act and deed, and, if he acts in copy; and
a particular representative capacity, that he has
the authority to sign in that capacity. (d) determines that the copy is accurate and
Gamildo v. New Bilibid Prisons, G.R. No. 114829 March
1, 1995

This is an Administrative Matter concerning a lawyer’s SECTION 14. Signature Witnessing . — The term "signature
disbarment for having executed a jurat without the witnessing" refers to a notarial act in which an individual
presence of affiant. He explains that he “never intended to on a single occasion:
do a wrong, to commit illegal or criminal acts but [he did it]
merely in the honest and sincere belief that [the act] is valid (a) appears in person before the notary public and
and legal.” He says that he did in the “honest belief” that it presents an instrument or document;
was a “jurat and not an acknowledgement”, thus, it would (b) is personally known to the notary public or
have been acceptable since he knew Mr. Gamido, his identified by the notary public through competent
accused client. Atty. de la Rea was fined P5,000.00 and evidence of identity as defined by these Rules; and
warned that if he does the same thing again, he will be
punished more severely. (c) signs the instrument or document in the
presence of the notary public.

A jurat is that “subscribed and sworn to before me”

statement. An acknowledgement, on other hand, certifies
that “the person acknowledging the instrument or
document is known to him and that he is the same person
SECTION 5. Notarial Register. — "Notarial Register" refers
who executed it, and acknowledged that the same is his free
to a permanently bound book with numbered pages
act and deed”; it should have been made “before a notary
containing a chronological record of notarial acts
public or an officer duly authorized by law”.
performed by a notary public.
(4) the notary public notarizes the
signature by thumb or other mark
SECTION 8. Notarial Certificate. — "Notarial Certificate" through an acknowledgment, jurat, or
refers to the part of, or attachment to, a notarized signature witnessing.
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.
(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:

Sec. 12. Component Evidence of Identity. The phrase (1) the notary public is directed by the
"competent evidence of identity" refers to the identification person unable to sign or make a mark to
of an individual based on: sign on his behalf;

(a) at least one current identification document (2) the signature of the notary public is
issued by an official agency bearing the affixed in the presence of two
photograph and signature of the individual, such disinterested and unaffected witnesses to
as but not limited to, passport, driver’s license, the instrument or document;
Professional Regulations Commission ID, National (3) both witnesses sign their own names;
Bureau of Investigation clearance, police
clearance, postal ID, voter’s ID, Barangay (4) the notary public writes below his
certification, Government Service and Insurance signature: "Signature affixed by notary in
System (GSIS) e-card, Social Security System (SSS) presence of (names and addresses of
card, Philhealth card, senior citizen card, Overseas person and two [2] witnesses)"; and
Workers Welfare Administration (OWWA) ID,
OFW ID, seaman’s book, alien certificate of (5) the notary public notarizes his
registration/immigrant certificate of registration, signature by acknowledgment or jurat.
government office ID, certification from the
National Council for the Welfare of Disable
Persons (NCWDP), Department of Social Welfare
and Development (DSWD) certification; 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
Section 64. Power of attorney. Any person may, by power
of attorney, convey or otherwise deal with registered land
and the same shall be registered with the Register of Deeds
of the province or city where the land lies. Any instrument
SECTION 1. Powers. revoking such power of attorney shall be registered in like
(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
a.) Cases:
witnesses to the instrument or document;

(2) both witnesses sign their own names in Francisco A. Veloso v. CA, G.R. No. 102737, August 21,
addition to the thumb or other mark; 1996

(3) the notary public writes below the This case originates from an action for annulment of
thumb or other mark: "Thumb or Other documents, reconveyance of property with damages and
Mark affixed by (name of signatory by preliminary injunction and/or restraining order. Veloso
mark) in the presence of (names and disputes the sale, specifically, the general power of attorney
addresses of witnesses) and undersigned his wife possessed. In relation to the topic, part of his
notary public"; and
arguments was that what was needed in the sale is a special the same would be determinative of RTC’s jurisdiction or
power of attorney. lack thereof (if there existed an employer-employee
relationship). RTC and CA ruled against Sevilla. RTC held
--- that Tourist World, being lessee, had the right to padlock
The special power of attorney can be included in the and CA held that the true issue was whether or not the
general power when it is specified therein the act or padlocking entitled Sevilla to damages, despite her
transaction for which the special power is required. malicious conduct. SC awards damages Sevilla for the
tortious acts of Tourist World.
“2. To buy or sell, hire or lease, mortgage or otherwise
hypothecate lands, tenements and hereditaments or other Unlike simple grants of a power of attorney, the agency that
forms of real property, more specifically CT No. 49138, we hereby declare to be compatible with the intent of the
upon such terms and conditions and under such covenants parties (coupled with an interest, created for the mutual
as my said attorney shall deem fit and proper.” interest of the agent and the principle), cannot be revoked
at will.

Boaz International Trading Corporation v. Woodward The contract is not one of employment nor of a joint venture
Japan, Inc., G.R. No. 147793. December 11, 2003 agreement
This case originates from Woodward Japan, Inc’s complaint Sevilla was not subject to Tourist World’s control since: (a)
for Sum of Money and Damages against Boaz International she bound herself solidarily for rental payments (disputing
Trading and F.R. Cement Corp for demurrage charges in the master -servant relationship), (b) it was Sevilla’s own “gifts
sum of USD 75 thousand (but failed to show prima facie any and capabilities” that got her airline fares thus belying the
agreement on the payment of demurrages, according to “as to the means used” portion of Tourist World’s control
SC). As a side note, those two defendants filed a third-party and (c) she earned compensation in fluctuating amounts
complaint against North Front Shipping Services, Inc. Due (4% from her airline bookings as commission).
to failure to reach an amicable settlement, the case was set
for pre-trial. Neither Woodward nor its counsel arrived at It is also not a joint venture agreement since the same
the pre-trial conference. Upon motion, the trial court requires parity. Here, Sevilla expressly “concedes [Tourist
dismissed the complaint but reversed itself on Woodward’s World]’s right to stop the operation of [its] branch office”,
second motion for reconsideration entitled “Motion to in her letter.
Reinstate Plaintiff’s Complaint and Allow Them to Present
Evidence Ex-Parte.” CA reversed RTC, faulting counsel for When Sevilla agreed to (wo)man the Ermita office, she must
not assigning a substitute lawyer. SC affirmed CA. have done so pursuant to a contract of agency, or rendering
service “in representation or on behalf of another.”
The contract is one of agency coupled with interest
“Settled is the rule that the negligence of counsel binds the
client.”… If the negligence of counsel be admitted as a First, she is a bona fide travel agent herself, thus acquiring
reason for opening a case, there would never be an end to an interest in the business.
litigation so long as there is a new counsel to be hired every Second, she assumed a personal obligation for its
time it is shown that the prior one had not been sufficiently operations (payment of rentals).
diligent, experienced or learned.
Third, she continued the business in her own name despite
Tourist World’s stopping the operations.

Thus, her interest extends to the very subject matter of the

power of management delegated to her (not just limited to
1. Cases: the commissions).
Carlos Sevilla, et al. v. CA, G.R. No. L-41182-3, April 16, ---
As to the other issues, no evidence that she was working for
The case originates from a mandatory preliminary another firm or that she sustained losses.
injunction suit against Tourist World Service for its act of
padlocking its branch office (says it’s because it could not
contact Sevilla). Segundina Noguero and Tourist World
Service (represented by Eliseo Canilao) entered into a Nelita Bacaling v. Felomino Muya, et al, G.R.
contract of lease of a branch office with Noguero as lessor. Nos.148404-05, April 11, 2002
Lina Sevilla ran said branch office as agent of Tourist This case originates from a petition for cancellation of the
World Service where 4% of the airline fare goes to Sevilla certificates of land transfer against respondents and a
while 3% was to be withheld by Tourist World Service. certain Jaime Ruel with the Department of Agrarian
Sevilla has been found to have been connected with a rival Reform. Dismissed in DAR, OP for being the result of a
firm. Thus, Tourist World Service closed down the branch legitimate conversion from agricultural to residential lots.
office—padlocked to be more precise (pursuant to a CA reversed due to a failure of reclassification. Sps.
termination of contract). At issue is the relationship Bacaling owned three parcels of land, subdivided into 110
between Sevilla and Tourist World for, as the Court held,
lots. To secure the performance of a contract of absolute
sale with Jose Juan Tong and facilitate the transfer of title,
Wife Bacaling executed, in favor of Tong, an irrevocable
special power of attorney.1 Tong bought the lands after
Bacaling’s repurchase of the same from GSIS2 and after a
controversy with alleged tenant-tillers.3 Ten years after
perfection and execution of the sale, Bacaling sought to
nullify the sale. It was dismissed and said dismissal has long
become final and executory. The DAR case then came. Tong
won the case in the SC.


The agency, to stress, is one coupled with interest which is

explicitly irrevocable since the deed of agency was
prepared and signed and/or accepted by petitioner Tong
and Bacaling with a view to completing the performance of
the contract of sale of the 110 sub-lots… The fiduciary
relationship inherent in ordinary contracts of agency is
replaced by material consideration which in the type of
agency herein bars the removal or dismissal of petitioner
Tong as Bacaling’s attorney-in-fact on the ground of alleged
loss of trust and confidence.

1. To file, defend and prosecute any case/cases involving lots nos. 1 tenants on the aforesaid lots;
to 110 covered by TCT Nos. T-10664 to T-10773 of the Register of 5. To cause and effect the transfer of the aforesaid lots in the name of
Deeds of the City of Iloilo; the VENDEES;
2. To assume full control, prosecute, terminate and enter into an micable 6. To execute and deliver document/s or instrument of whatever nature
settlement and compromise agreement of all cases now pending before necessary to accomplish the foregoing acts and deeds.
the DARAB, Region VI, Iloilo City, which involved portion of Lots 1 to 2
Failed to pay amortizations, so GSIS foreclosed, but Bacaling
110, covered by TCT Nos. T-10664 to T-10773 of the Register of Deeds
of Iloilo City, which were purchased by Jose Juan Tong, Vicente Juan
widow was eventually able to restore herself ownership of
Tong and Victoria Siady; the sub-lots
3. To hire a lawyer/counsel which he may deem fit and necessary to 3
This was resolved by City Council of Iloilo’s Zoning
effect and attain the foregoing acts and deeds; handle and prosecute
the aforesaid cases;
Ordinance reclassifying the lots from agricultural to
4. To negotiate, cause and effect a settlement of occupation and residential