Legalese – technical language because it is used by those in the legal field and it is difficult to understand

by the public in general

Example:

May – connotes to the possibility or implies the exercise of discretion; certain degree to exercise
discertion

Shall – connotes mandatory; when the law or the document is using this, the moment that we use the
word we already know that it partakes the nature which is mandatory

Herein – instead of using a longer phrase, herein is just used; it is shortened but has the same meaning

Hereunder

In displace

Foregoing

Herein above – prior statement

In witness whereof, the parties hereunto, have set their hands to this presents, to herein before
mentioned

Why do lawyers use legalese? Because they want to make a difference in one case, it is a way for the
lawyers to catch the attention of the readers. That it will be understood, that there will be the same
interpretation from the readers.

Rules on Notarial Law

Acknowledgement – found after a document after a contract; acknowledge specifically that you are a
party to the execution of the document and the same was executed voluntarily; the acknowledgement
recognizes that the documents as executed in the presence of the notary public and the witnesses

Jurat – attest to a certain contents of the document

Rule 3 has the qualifications on who can be a notary public

Petition for Commissioning as a Notary Public – before the Regional Trial Court; where you will have
your notary public; office of the executive judge that has jurisdiction over where your office; then the
executive judge will conduct

1. name of petitioner

2. address or the place of office

3. three specimen signatures

4. certification from the bar confidant

5. local ibp will also issue a certification

After filing for commissioning, fees, publication requirement, then there will be a summary hearing.
Present all those documents then the court will now issue a certificate of commissioning and the
authority for notarial practice

If you file before the RTC executive judge here naga city then your jurisdiction will only cover within
naga city – this is to protect the public interest, because

there is a proliferation of fake documents

A private document will be considered as a public document

So that the person executing these documents or affidavits will be responsible for any untruthful
statement made in the documents and therefore shall be held liable for forgery

Obligations of Notary Public:

Recording

Verification and certification of non forum shopping

Jurat because you are attesting to the verification of the non forum shopping, attesting to the
truthfulness of the statement

Acknowledgment is used for contracts

Midterms:

Legalese – more examples

Notarial Practice

Cases that was asked to digest