DEFINITION OF JOASC

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.

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.

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.

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

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.

Public Attorney’s Office vs. Fiscal

A public attorney is a lawyer who advises and represents a person in legal matters
without compensation. On the other hand, a fiscal is a public official having control
over public revenues.
Process in filing a motion.
As defined on the Rules of Court, Rule 15, Section 1, “A motion is an application for relief
other than by a pleading”
In filing a motion in the court, the person must go to the receiving are where the papers
will be received by the fiscal. Later on, the papers will be received for scheduling of the
hearing of the case.

A.M. No. 02-8-13-SC (2004 Rules on Notarial Practice)

RULE III – COMMISSIONING OF NOTARY PUBLIC
Sec. 1. Qualifications
1. citizen of the Philippines;
2. over twenty-one (21) years of age;
3. 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. 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.
[if no one of necessary qualifications is available or if qualified persons refuse
appointment, a notary public does not have to be a lawyer. The following may be
appointed as notaries: 1. Those who have passed studies of law in a reputable
university;
2. Clerk or deputy clerk of court for not less than 2 years.]
Sec. 2. Form of petition and supporting documents:
a. statement containing personal qualifications, birth date, residence, tel. no.,
professional tax receipt, roll no., IBP membership no.
b. certification of good moral character by local chapter of IBP & SC
c. proof of payment
d. 3 recent passport size pictures (light background) & 3 specimen signatures
Sec. 11. Jurisdiction and term:
Notarial acts may be performed in any place within the territorial jurisdiction of the
commissioning court for a period of 2 years from the first day of January of the year in
which commissioning is made, unless earlier revoked or notary public has resigned.
[Place of notarization:
General rule: notary public’s regular place of work.
Exceptions: 1. Public offices, convention halls & other places where oaths of office are
administered, public function areas used for the signing of instruments or documents
requiring notarization;
2. Hospitals & other medical institutions where a part to an instrument is confined for
treatment;
3. Any place where a party to the instrument requiring notarization is under detention.]
Sec. 13. Renewal of commission:
Written application for renewal of commission may be filed 45 days before expiration of
commission. It should come attached with a mark, image or impression of the seal of the
notary public.

RULE VIII
NOTARIAL CERTIFICATES

Sec. 2. Contents of the concluding part of the notarial certificate:

a. Name of notary public;

b. Serial number of the commission of the notary public;
c. “Notary Public” and province or city where the notary public is commissioned,
expiration date of commission, office address of the notary public; and
d. Roll no., professional tax receipt no. and the place & date of issuance thereof, IBP
membership no.