2004 Rules on Notarial Practice

Transcription: Lex Classroom

1. When is there a need of a Notary Public?

 Generally, one needs a notary public if and when a person wants a private
document to be transformed into a public one which could be relied upon by the
other people such as the government.
 These private documents may be contracts, affidavits, statements. And other
documents required by law to be notarized.
 E.g. Application to SSS, Office of the building Official, SEC, DENR, Embassy or
Consular office

2. What are the notarial acts allowed by the 2004 Rules?

 Rule IV, Sec. ! of the 2004 RONP:

SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial
acts:

(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessins;
(5) copy certifications; and
(6) any other act authorized by these Rules.

A. ACKNOWLEDGMENT: found in contracts

B. JURAT: -found in affidavits or sworn statements

C. Copy certifications- is applied when a private document is reproduced in several
copies. E.g. an acknowledgment receipt after payment of a debt.

What is the main difference between Jurat and Acknowledgement?

-A notary acknowledgement ensures that the signer of the document is indeed the person
named in the document. The function of the notary in this case is to verify the identity of the
signer. On the other hand, a notary is asked to perform a Jurat, when the signer takes an
oath or makes an affirmation.

Jurats are commonly used for affidavits, depositions, and other legal documents where the
signer needs to attest to the truthfulness of what is stated in the document. On the other
hand, an acknowledgement is used when no oath or affirmation is required from the signer.

Acknowledgements
The reason services of a notary public agent are sought for acknowledgment is because of
the need to identify the individual signing a document. While making an acknowledgement,
the notary public agent has to certify that he has not only met the individual signing the
document but has also identified him. On top of it, the notary has to guarantee that the
individual signing the document is filling the document accurately, out of his own accord and
without any external coercion. It has to be kept in mind that the notary public agent cannot
be held accountable for the authenticity of the contents in the document.

The notary’s presence at the time of signing of document is not mandatory. The individual
can sign the document beforehand. However, it is crucial that the individual signing the
document appears in front of the notary service agent with documents attesting to his
identification. The individual will then have to sign the notary’s public journal. As soon as the
process completes, the individual will be handed over a certificate of acknowledgement with
the notary’s seal on it.

Jurats
When it comes to Jurats, it is more than a certificate authenticating the identification of the
individual signing the document. Unlike an acknowledgement, a Jurat is used when the
individual signing the document has to take an oath that the stated content in the document
is based on complete honesty.

Jurat is used when it is desired to encourage the individual signing the documents to stay
honest and truthful. The role a notary public agent plats is to ensure that during the
proceedings, the individual’s conscience is motivated to discourage him from committing a
perjury of one kind or the other. If the individual is signing a document that states fabricated
or false information, he would commit a criminal offense by acting upon his intention.
During jurat, the notary public agent has to ensure that the document is signed in his
presence and that the individual signing the document swears an oath on honor. It is then
known as an affirmation.

The use for jurats usually arises during legal proceedings, such as along with depositions and
affidavits. In both the cases, the individual signing the document attests to the fact that they
will stand by the honesty of his/her statement.
3. Who is a Notary Public?
- Is one who is qualified by law to do the notarial acts mentioned.

RULE III : COMMISSIONING OF NOTARY PUBLIC

SECTION 1. Qualifications. - A notarial commission may be issued by an Executive
Judge to any qualified person who submits a petition in accordance with these Rules.

To be eligible for commissioning as notary public, the petitioner:

(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 maintains a
regular place of work or 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 and the Integrated Bar of the
Philippines; and

(5) must not have been convicted in the first instance of any crime involving moral
turpitude.

ALL NOTARIES PUBLIC in the Phil. ARE LAWYER

BUT NOT ALL LAWYER ARE NOTARIES PUBLIC

WHAT TO DO?:
File a petition before the office of the Executive Judge (RTC) (To establish your
qualification as notary public in the Phil.)

4. What do you need to have if you are a party to the private document when you go to
a Notary Public for Notarization?
a. The original copy of the document
b. Competent proof of identity (e.g. Passport, SSS ID, Voters, PRC, Drivers, UMID):
NOT EXPIRED

<Cedula and Barangay certification = NOT PROOFS of identity>

c. Bring witnesses other than the parties and not related to the notary public, IF
you want a contract to be notarized.

5. What is the indication that the document you have has been completely notarized?
(whether all the notarial certificate has all the details)
RULE VIII, Sec. 2
SEC. 2. Contents of the Concluding Part of the Notarial Certificate. - The notarial
certificate shall include the following:
 (a) the name of the notary public as exactly indicated in the commission;
(b) the serial number of the commission of the notary public;
(c) the words "Notary Public" and the province or city where the notary public is
commissioned, the expiration date of the commission, the office address of the
notary public; and
(d) the roll of attorney's number, the professional tax receipt number and the place
and date of issuance thereof, and the IBP membership number.

*Also the MCLE compliance Number

WHAT APPEARS ON THE STAMP:

Then, indicate the doc no, page no, book no, and series no. of the NOTARIAL REGISTER
ENTRIES (submit in the COC of RTC, you also buy it there. You need to secure the receipt.
Because you have to indicate it in the page 1

6. What notaries public cannot do?

a. If s/he is not commissioned in the place of notarization, the s/he must not
notarize.
b. Even if he is commissioned, but id the commission has expired, upon expiry, The
Notary Public could no longer notarize.
c. A notary public cannot notarize outside of his place of work or business except in
accordance of Rule IV, Sec 2. (remember, parties requested this)

SEC. 2. Prohibitions. - (a) 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 places for the signing of
instruments or documents requiring notarization;

(3) hospitals and other medical institutions where a party to an instrument or

document is confined for treatment; and
 (4) any place where a party to an instrument or document requiring
notarization is under detention.
d. (b) A person shall not perform a notarial act if the person involved as signatory to
the instrument or document -

(1) is not in the notary's presence personally at the time of the notarization; and

(2) 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.

IMPORTANT: Rule IV, Sec 3.

SEC. 3. Disqualifications. - A notary public is disqualified from performing a

notarial act if he:

(a) is a party to the instrument or document that is to be notarized;

(b) will receive, as a direct or indirect result, any commission, fee, advantage,
right, title, interest, cash, property, or other consideration, except as provided by
these Rules and by law; or

(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity

or consanguinity of the principal within the fourth civil degree.

7. What are the safeguards that the public must take note to avoid any legal concerns
relative to the notarization?
a. You have to make sure that the Notary Public has the authority to notarize
and within his/her notarial jurisdiction
b. Make sure that the items needed showing the completeness of the
notarization are found in the document itself and that the document has
been registered in the Notarial Register.
c. Before you go out the Notary Public’s office, you have to read the
document itself.