The Notarial Practice

➢ When is there a need for a Notary Public?

A Notary Public is needed when a person wants a private document transformed into a public
document, that can be relied upon by other people especially the government. These private
documents could be the following: contracts, Affidavits, statements, as well as other documents
required by law to be notarized.
Examples are applications submitted to government agencies like the Social Security System, Office
of the Building Official, Securities and Exchange Commission, Department of Environment as well as
Natural Resources, and Embassy or Consular Office.

➢ What 2004 Rules allow for notarial acts?

Rule IV, Section 1 of the 2004 Rules on Notarial Practice says: “A notary public is empowered to
perform notarial acts such as the following:
1) Acknowledgments;
2) Oaths and affirmations;
3) Jurat;
4) Signature witnessing;
5) Copy certifications; and
6) Any other act authorized by these Rules.
An Acknowledgement looks like this is found in contracts.
A Jurat looks like this and are found in affidavits or sworn statements.
Copy certification applies when a private document is reproduced into several copies. Like a photocopy
of an acknowledgment receipt after payment of a debt.”

➢ Who is a Notary Public?

A Notary Public is one who is qualified by law to do the notarial acts mentioned.

(Qualifications) Rule III, Section 1 of the 2004 Rules on Notarial Practice provides that: To be eligible
for commissioning as a notary public, the petitioner must be:
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. Maintains a regular place of work of
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 as well as the Integrated Bar of the Philippines; and
5) Lastly, a notary public must not be convicted in the first instance of any crime involving moral
turpitude.
So the compliances of these strict requirements presuppose that all notaries public in the Philippines
is lawyers. But not all lawyers are notaries public. This is not like in other jurisdictions in which a Notary
Public could be any person qualified by their laws but there is no need to be a lawyer. In fact, the person
who wants to be a Notary Public must file a petition before the Office of the Executive Judge to establish
his/her qualification as Notary Public. For a better understanding of the requirements especially those
law students, it is a must to read the full text of the 2004 Rules on Notarial Practice.

➢ What are the requirements when going to a Notary Public for Notarization?

If a party to the document, one must have:

1. The original copy of the document. If the document to be notarized is a contract, the Notary
Public can also help in the drafting. The drafting is paid separately. In another lesson, we will
discuss the rates of a lawyer’s professional fees; and
2. One has to have competent proof of identity. Take note that a cedula disqualifies as proof of
identity. Examples of acceptable competent proof of identity are valid government identification
cards like passport, SSS ID, Voters Identification Card, PRC ID card, Driver’s License as well as
UMID. When we say valid, the identification card must not be expired.

Please take note that to have a contract notarized, one must bring along a witness to the contract. The
witnesses must not be parties to the contract as well as not related to the Notary Public who is going
to notarize the contract.

Salient Features of 2004 Notarial Rules

➢ When is there a need for a Notary Public?

Generally, Notary Public is needed if and when a person wants a private document transformed into a
public that could be relied upon by other people especially the government. These private documents
could be like contracts, affidavits, statements, as well as other documents required by law that must be
notarized. Examples are applications submitted to government agencies. Like the Social Security
System, Office of the Building Official, Securities and Exchange Commission, Department of
Environment and Natural Resources, and Embassy or Consular Office.

➢ What 2004 Rules allow for notarial acts?

Rule IV, Section 1 of the 2004 Rules on Notarial Practice says that “a notary public is empowered to
perform the following notarial acts:”

1) Acknowledgments -found in contracts;

2) Oaths as well as affirmations;
3) Jurat -are found in Affidavits or Sworn Statements;
4) Signature witnessing;
5) Copy certifications -is applied when a private document is reproduced in several copies like a
photocopy of an acknowledgment receipt after payment of a debt.; and
6) Any other act authorized by these Rules.

➢ Who is a Notary Public?

A Notary Public is one who is qualified by law to do the notarial acts mentioned.
The qualifications of a Notary Public.
Rule III, Section 1 of the 2004 Rules on Notarial Practice, provides that: To be eligible for commissioning
as a notary public, the petitioner must be:

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 also Maintains a regular place of
work of 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 as well as the Integrated Bar of the Philippines; and
5) Must not be convicted in the first instance of any crime involving moral turpitude.
The person who wants to be a Notary Public must file a petition before the Office of the Executive Judge
to establish his/her qualification as Notary Public. For a better understanding of the requirements,
especially those law students, it is advisable to read the full text of the 2004 Rules on Notarial Practice.

➢ What are the requirements when going to a Notary Public for notarization?
If a party to the document, one must have:

1. The original copy of the document. If the document to be notarized is a contract, actually, the
Notary Public can also help in the drafting which is paid separately. In another lesson, we will
discuss the rates of a lawyer’s professional fees.
2. One must have competent proof of identity. Take note that a cedula disqualifies as proof of
identity. Examples of acceptable competent proof of identity are valid government identification
cards like passport, SSS ID, Voters Identification Card, PRC ID card, Driver’s License as well as
UMID. When we say valid, the identification card must not be expired.

Please take note that to have a contract notarized, one must bring along a witness to the contract. The
witnesses must not be parties to the contract as well as not related to the Notary Public who is going
to notarize the contract.

➢ What is the indication that the document has been completely notarized?
Rule VIII, Section 2 of the 2004 Rules. It says, “the notarial certificate shall include the following:

1. The name of the Notary Public as exactly in the commission;

2. The serial number of the commission of the notary public;
3. The words “Notary Public” as well as the province or city where the notary public is
commissioned. The expiration date of the commission, the office address of the notary public; and
4. the Roll of Attorney’s number, the professional tax receipt number also the place as well as the
date of issuance thereof, and the IBP membership number.
 Roll of Attorney's number
It usually looks like this.
This only covers the stamp of the Notary Public.

Then, the Notary Public must indicate the document

number, the page number, book number, and series number
on the document itself; and this is in consonance with the
Notarial Register entry. Therefore, one cannot have these
items completed without the entries in the notarial register.

Lastly, the Notary Public must sign the Notarial Certificate.

So, these items must be found on the document. The absence
of one makes the notarization incomplete then the document
would not be accepted by the office or person that required
the same. Thus, also look into this.

➢ What notaries public cannot do?

1. Must not notarize if not commissioned in the place of notarization.

2. If the commission has expired, the Notary Public could no longer notarize. As previously said
the notarial certificate contains the expiration date of the commission.
3. A notary public cannot notarize outside of his regular place of work or business. Except for some
situations that s/he is allowed in accordance with Rule IV, Section 2. Which provides these
exceptions:
• Public offices, convention halls, as well as similar places where oaths of office may be
administrated;
• Public function areas in hotels and also similar places for the signing of instruments
or documents requiring notarization;
• Hospitals and other medical institutions. Where a party to an instrument or document
is confined for treatment; and
• Any place where a party to an instrument or document requiring notarization is under
detention. Remember that the exception presupposes that the parties requested this.
But however, the place of notarization is still within the Notary Public’s territorial
jurisdiction.
 ➢ What are the safeguards that the public must take note to avoid any legal concerns
relative to the notarization?
Three (3) safeguards:

1. Make sure that the Notary Public has the authority to notarize as well as within his/her notarial
jurisdiction;
2. Make sure that the items needed showing the completeness of the notarization is found in the
document itself. Also that the Notarial Certificate is entered in the Notarial Register; and
3. Before leaving the Notary Public’s office, make sure to read the document itself.