Memorandum

To: Atty. Merta Gracilla Sandoval

From: 2020110051

Date: October 14, 2020

Subject: Instances wherein a Person is Prohibited to Practice Law, Requirements for

a Notary Public, and the Definition and Examples of Jurat and Attestation

1. When is a person prohibited to practice law?

It must be duly noted that the practice of law is a mere privilege not a right
for every peron. In re Edillon, the practice of law is limited to persons of good moral
character with special qualifications duly ascertained and certified. In short, the
practice of law is a privilege burdened with conditions.

It is well-settled that adherence to rigid standards of mental fitness,

maintenance of the highest degree of morality, faithful observance of legal
profession, compliance with the mandatory continuing legal education requirement
and payment of membership fees to the Integrated Bar of the Philippines (IBP) are
the conditions that are required for membership and enjoyment of the privilege to
practice law. In re the Petition for Leave to Resume Practice Law, Benjamin
Dacanay, any breach of these conditions makes someone unworthy of the trust and
confidence of the courts in him for the exercise of the professional privilege.

Those who may practice law are those who are duly admitted as a member of
the IBP in accordance with the provisions of Rule 138, Rules of Court, and who is in
good and regular standing. Said person must be one who is updated with his dues in
the IBP and not suspended or disbarred.

Arcega, M. & Dechavez, J. (2020). Legal Ethics. Quezon City, Philippines: Rex
Bookstore, Inc p. 50-66

A.M. No. 1926 (1978)

B.M. No. 1678 (2007)

2. Requirements for a Notary Public

To be eligible to be appointed as a notary public, a person must be the

following:

a. A citizen of the Philippines

b. Over twenty-one (21) years of age;
c. A resident in the Philippines for at least one (1) year and maintains a regular
place of work or business in the place where the commission is to be issued.
d. A member of the Philippine Bar in good standing with clearances from the
Office of the Bar Confidant and the Integrated Bar of the Philippines; and
e. Must not have been convicted of any crime involving moral turpitude.

Guevara, S. (2010). Legal Forms. Quezon City, Philippines: Rex Bookstore, Inc. p. 4

3. Jurat- Refers to an act in which an individual on a single occasion: (1) appears in

person before the notary public and presents an instrument or document; (2) is
personally known to the notary public or identified by the notary public through
competent evidence of identity; (3) signs the instrument of document in the
presence of the notary; and (4) takes an oath or affirmation before the notary public
as to such instrument or document.

Sample:

SUBSCRIBED and sworn to before me, this ___ day of ________, in the City
of __________ by ______________ with Passport No. ___________ issued on
___________ at _______________.

Doc. No. _____; NOTARY PUBLIC

Page No. _____; Commission Serial No. ___

Book No. _____; Until December 31, ______

Series of _____. Roll of Attorney _________

IBP No. ______/Date/Place of Issue

PTR. No ______/Date/Place of Issue

4. Attestation- Is the part of a will, other than a holographic will, that shall state the
number of pages used upon which the will is written, and the fact that the testator
signed the will and every page thereof, or caused some other person to write his
name, under his express direction, in the presence of the instrumental witness, and
that the latter witnessed and signed the will and all the pages thereof in the
presence of the testator and of one another.

Sample:

We, the undersigned attesting witnesses, do hereby affirm the foregoing is the last
Will and Testament of ____________ and we certify that the testator executed this
document while of sound mind and memory. That the testator signed this document
in our presence, at the bottom of the last page and on the left hand margin of each
and every page, and we, in turn, at the testator’s behest have witnessed and signed
the same in every page thereof, on the left margin, in the presence of the testator
and of the notary public, this ____ day of _____, 20___ at ___________.

____________________ ____________________

Signiture of Witness Address

____________________ ____________________

Signiture of Witness Address

____________________ ____________________

Signiture of Witness Address

Guevara, S. (2010). Legal Forms. Quezon City, Philippines: Rex Bookstore, Inc. P.47
& 52

Salao, E. (2020). Law Dictionary: Definition of Terms and Phrases of Philippine Laws
and Jurisprudence. Quezon City, Philippines: Rex Bookstore, Inc. P.57-58