Professional Documents
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Primer On The Rules of Notarial Practice
Primer On The Rules of Notarial Practice
2 0 0 4 Rules on Notari
A.M . No. 02^8-13
(Effective August 1,
PART ONE
BASIC CONCEPTS
(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. (Sec. 1, Rule II)
1
Basic Concepts
I Whit I* a Jurat?
(a) appears In person before the notary public and presents an instrume
nr document; \
(b) is personally known to the notary public or identified bythe notary
public through competent evidence of identity as defined by these
Rules;
(u) signs the instrument or document in the presence of the notary; and
(rl) Uikos an oath or affirmation before the notary public as to such
Instrument or document. (Sec. 6, Rule II)
2
Basic Concepts
7 Who is a principal?
(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. (Sec. 12, Rule II)
3
PART TWO
©ITTINO STARTED
5
The Notary Public
Any person who has any cause or reason to object to the grant
of the petition may file a verified written opposition thereto. The
opposition must be received by the Executive Judge before the date
of thii summary hearing. (Sec. 6, Rule Ml Opposition to Petition)
The Notary Public
NOTICE OF HEARING
7
The Notary Public
feftsftn to object to the grant of the petition may file a verified written
opposition thereto, received by the undersigned before the date of
ttiH Mimmaiy hearing.
Executive Judge
8
'The Notary Public
Executive Judge
CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL
Executive Judge
9
The Notary Public
10
The Notary Public
12
The Notary Public
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:
(1) public offices, convention halls, and similar places where oaths of
office may be administered;
(2) public function areas in hotels and similar piaces for the signing of
instruments or documents requiring notarization;
(:-i) hospitals and other medical institutions where a party to an instrument
or document is confined for treatment; and
{A) any place where a party to an instrument or document requiring
notarization is under detention. (Sec. 2, Rule IV)
(1) is not in the notary's presence personally at the time of the notarization;
and
(«J) 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. (Sec. 2, Rule IV)
13
The Notary Public
A notary public shall not perform any notarial act described in these '
Ri i Iok for any person requesting such an act even if he tenders the
appropriate fee specified by these Rules if:
(fi) 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
(e) in the notary's judgment, the signatory is not acting of his or her own
fruo will. (Sec. 4, Rule IV)
14
The No tan/ Public
I or performing a notarial act, a notary public may charge the maximum fee
as prescribed by the Supreme Court unless he waives the fee in whole or
in part. (Sec. 1. Rule V)
(a) For protests for drafts, bills of exchange, or promissory notes for non-
acceptance or non-payment, and for notice thereof, ONE HUNDRED
(P100) PESOS;
(b) For the registration of such protest and fiiing or safekeeping of the
same, ONE HUNDRED (P100) PESOS;
(<-,) For authenticating powers of attorney, ONE HUNDRED (P100)
PESOS;
(d) For sworn statement concerning correctness of any account or other
document, ONE HUNDRED (P100) PESOS;
(«') For each oath of affirmation, ONE HUNDRED (P100) PESOS;
(I) For receiving . evidence of indebtedness to be sent outside, ONE
HUNDRED (P100) PESOS;
{<!) For issuing a certified copy of all or part of his notarial register or
notarial records, for each page, ONE HUNDRED (P100) PESOS;
(h) For taking depositions, for each page, ONE HUNDRED (P100)
PESOS; and
(0 For acknowledging other documents not enumerated in this section,
ONE HUNDRED (P100) PESOS.
15
The Notary Public
17,4. Entries in the Notarial Register (Sec. 2, Rule VI; Sec. 3, Rule IV)
What notarial acts are required to be recorded in the notarial
register?
a., For every notarial act, the notary shall record in" the notarial
register at the time of notarization the following:
16
The Notary Public
g. 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.
T)ie Notary Public.
(a) principal;
(b) credibfe 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.
(a) In the notary’s presence, any person may inspect an entry in the
notarial register, during regular business hours, provided;
lal Signature
{n) sign by hand on the notarial certificate only the name indicated and
uti appearing on the notary's commission;
(b) not sign using a facsimile stamp or printing device; and
(O nffix his official signature only at the time the notarial act is
performed. (Sec. 1, Rule VII)
Official Seal (Notarial Seal) under Official Seal (Notarial Seal) under the]
Hiu 2004 Rules On Notarial Old Law
Practice
person commissioned as Every person commissioned as
notary public shall have a seal of notary public shall have a seal of
©fflcti, to be procured at his own office, to be procured at his own
expense, which sh a ll. not be expense, which shall be affixed to
possessed or owned by any other papers officially signed by him. It
person It shall be o f metal, shall be of metal and shall have
tlfCUlar In shape, two inches in the name of the province and the
diameter, and shall have the words “Philippines” and his own
name of the city or province name engraved on the margin
and th© word “ Philippines” and thereof, and the words “Notary
h ii own name on the margin Public” across the center. An
antJ {he roll of attorney's impression of such seal directly on
ibor on the face thereof. the paper or parchment on which
With th® words "notary public' the writing is had shall be as valid
U re a s the center, A mark, as if made on wax or wafer. (Sec.
or Impiession of such seal 244, Rev. Adm. Code)
ffllll b§ rrmde directly on the
p ip t f or pnrchmnnt on which the
Wfltlng appears (Sec. 2 [a], Rule
tM )_ ; ................................. _
20
The Notary Public
The official sea] shall be 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. (Sec. 2 [b],
Rule VII)
Sea! Image. The notary public shall affix a single, dear, legible,
permanent, and photographically reproducible mark, image or
impression of the official seal beside his signature on the notarial
certificate of a paper instrument or document. (Sec. 3, Rule VII)
When not in use, the official seal shall be kept safe and secure
and shall be accessible only to the notary public or the a person duly
authorized by him. (Rule VII, Sec. 2 [c])
Within five (5) days after the official seal of a notary public is stolen,
tost, 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. Upon receipt of such notice, if found in
order by the Executive Judge, the latter shall order the notary public to
cause notice of such loss or damage to be published, once a week for
three (3) consecutive weeks, in a newspaper of general circulation in
the city or province where the notary public is commissioned.
( hereafter, the Executive Judge shall issue to the notary pubiic a new
Certificate of Authorization to Purchase a Notarial Seal. (Sec. 2 [d],
Rule VII)
21
The Notary Public
22
PART THREE
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.
Resignation
23
( hfuitfi: of Status, Resignation, Renewal, Revocation of
Commission, Disciplinary Sanctions
2 . 1 Rtmewal of Commission
23.1. When should a notary public apply for the renewal of his
commission?
24
Change o f Status, Resignation, Renewal, Revocation o f
Commission, Disciplinary Sanctions ■
(b) In addition, the Executive Judge may revoke the commission of,
or impose appropriate administrative sanctions upon, any notary
public who:
25
t hmigc o f Status, Resignation., Renewal, Revocation o f
Commission, Disciplinary Sanctions
27
26
I hihes of an Executive judge under the 2004 Rules on Notarial Practice
f 1, OTHER DUTIES \
28
PART FIVE
29.1. Procedure
(a) Upon written application and after payment of the application fee,
the Executive Judge may issue an authorization to sell to a
vendor or manufacturer of notarial seals after verification and
investigation of the latter's qualifications. 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.
19.2. Effectivity
(b) 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 mentioned in the preceding paragraph.
29.3. Selling
29
Vendor or Manufacturer o f Notarial Seals
(d) Only one seal may be sold by a vendor or manufacturer for each
Certificate of Authorization to Purchase a Notarial Seal.
29.6. AfterSale
(e) After the sale, the vendor or manufacturer shall affix a mark,
image or impression of the seal to the Certificate of Authorization
to Purchase a Notarial Seal and submit the completed Certificate
to the Executive Judge. Copies of the Certificate of Authorization
to Purchase a Notarial Seal and the buyer's commission shall be
kept in the files of the vendor or manufacturer for four (4) years
after the saie.
30
PART SIX
SUGGESTED FORMS
Hi* is of legal age; having been born on January 2, 1972, married, Filipino
t.ili/en, presently residing at No. 32 Gelinos Street, Sampaloc, Manila, with
Muphone No. 520-00-11 with business postal address at 2/F Sky Tower,
f rrmta, Manila. The location sketch of the petitioner’s office is attached
and marked as Annex “A” hereof;
31
Commissioning and Notarial Acts with Suggested Forms
1le has been admitted to the practice of taw in the Phiiippines as shown b
the Certificate of Admission to the Philippine Bar, which contains th
petitioner's Roll, of Attorney No. 1234. A copy of the Certificate c
Admission to the Philippine Bar is attached and marked as Annex UB
hereof;
Ho has paid his professional tax for the year 2005 as shown by tt
Professional Tax Receipt No. 12345 dated January 4, 2005 issued by
City of Manila which is attached and marked as Annex UF” hereof;
I to has all the qualifications and none of the disqualifications for the Offic
of Notary Pubiic; t
Hi? has never been charged nor convicted of any crime involving mor^
turpitude;
32
Commissioning and Notarial Acts with Suggested Forms
[1 llo has likewise attached hereto his three (3) passport size color
photographs each bearing his signature on the bottom part thereof.
VERIFICATION
JUAN DE LA CRUZ
Petitioner-Affiant
33
( 'nunMissioning and Notarial Acts with Suggested form s
Notary Public
Until December 31, 20G„
PTR # 1234/Manila/Jan. 5, 2 00 „
Roll of Atty. No. _
IBP N o ._______
(Address o f Notary Public)
pot: No 1;
F ig n No 1;
look No I;
o f ? ()0 _ .
34
Commissioning and Notarial Acts with Suggested Forms
£ JUAN DE LA CRUZ
•Executive Judge
NOTARIAL ACTS
35
c 'oHunissummg and Notarial Acts with Suggested form s
Notary Public
Until December 31, 200_
PTR No. 12345; Manila, January 3, 200_
Rot! of Attorney N o._______________
IBP No. ; ’ - •
36
Commissioning and Notarial Acts with Suggested Forms
Doc. No. 1;
Page No. 1;
Book No. I;
Series of 200__.
37
( 'ommissioning and Notarial Acts with Suggested Forms
Add:
EXPIRY DATE
Jos*! A. Santos with Drivers License No. 1111 Nov. 10, 2005
Mnrio B Reyes with Driver’s License No. 2222 Feb. 8, 2006
38
Comniissiuimig and Notarial Acts with Suggested Forms
Add:
Oath or Affirmation of the Witnesses fSee
subsequent form], not the principal who already signed the
main document (opinion), and he is identified fay the
witnesses.
39
Commissioning and Notarial Acts with Suggested Forms
NOTARY PUBLIC
Until December 31, 200_
PTR No. 5648/ Manila/ Jan. 5, 200,
Roli of Atty. No. . _________
IBP No.__________ '
[Address of Notary Public]
Doc. No. .
Page No.
Book No. I
Series of 200
40
Commissioning and Notarial Acts with Suggested Forms
H. Affiant not Personally Known to Notary Public & With no valid ID.
Add:
Oath or Affirmation of the Witness fSee subsequent
form]. Not the affiant who already signed, and is identified
by one witness.
41
Cntnmisfiioning and Notarial Acts with Suggested Forms
EXPIRY DATE]
Jose A. Santos with Driver’s License No. 1111 Nov. 10, 2005
Mario B. Reyes with.Driver’s License No. 2222 Feb. 8, 2006
Add:
FORM
1 I fiat Juan dela Cruz, the (principat/a ffi ant/pre sen tor/signor)\
(making the acknowledgment/executing the affidavit/presentlyj
signing the instrument or docum entj is the same person!
named in the (instrument or document|
cInscribe d/a ffida vit/instrument or document presen te d);
42
Commissioning and Notarial Acts with Suggested Forms
lift* ) No. ) (c and d), Art. 3, Civil Code of California, 1989 Compact Edition.
Commissioning and Notarial Acts with Suggested Forms
NOTARY PUBLIC
. Until December 31, 200_
PTR No. 5648/Manila/ Jan. 5, 200.
Roil of Atty. No, _ _ _ _ _ _
IBP No.
[Address o f Notary Public]
Doc. No. 1;
Page No. 1;
Book No. I;
Series of 200 .
CERTIFICATION
44
Commissioning and Notarial Acts with Suggested Forms
NOTARY PUBLIC
Until December 31, 200__
PTR No. 5648/ Manila/Jan. 5, 20G„
Roll of Atty. N o .______ _
IBP No._______ __________ -
[Address of Notary Public]
Notary Public
Until December 31, 200_
PTR No. 12345; Manila, January 3, 200.
Roll of Attorney N o .______________ __
IBP N o .__________________________
45
i.jnnwtssiorung and Notarial Acts with Suggested Forms
Doc No 1;
Pmjo No. 1;
Rook No I;
Sf»ri o s of 200„.
46
Commissioning and Notarial Acts with Suggested Forms
EXPIRY DATE
Jose A. Santos with Driver’s License No. 1111 Nov. 10, 2005
Mario B, Reyes with Driver's License No. 2222 Feb. 8, 2006
47
Commissioning and Notarial Acts with Suggested Forms
(Thumbmark)
JUAN DELA CRUZ
Add;
Then Add:
(Sgd.)Pedro M. Santiago
(Notary Public)
48
Commissioning and'Notarial Acts with Suggested Forms
Add:
Oath or Affirmation of Witnesses as to their presence when
the Notary Public Signed as Authorized by the Principal.
Then Add: -
Appropriate Acknowledgment of Notary Public, as follows:
ACKNOWLEDGMENT
(Sample)
NOTARY PUBLIC
Commission No.__________ __
Until December 31, 200_
PTR No. „___ / (Place) / (Date)
Rol! of Atty. N o._______________
■IBP No._________ .
[Address o f Notary Public)
H i m : No 1;
1‘ ik io N o . 1:
Hook No. I;
■ Of 2Q0_
Nolo No need to assign document number, page number, book number and series of notarial certificate
(opinion)
49
Commissioning and Notarial Acts with Suggested Forms
4®, Form for Issuance of Certified True Copies of Notarial Record or Part
Thereof of a Notary Public (Section 6, Rule VI)
CERTIFICATION
Notary Public
Commission No.____________
Until December 31, 200_
PTR No. ____ / (Place) / (Date)
Roii of Atty. No. _________ j
IBP No. '• ________________ j
[Address of Notary Public]
50
Commissioning and Notarial Acts with Suggested Forms
& Notarial Certificate (Form and Contents: Sec, 8, Rule II; Secs, 1 & 2,
Rule VIII)