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What Is A Notary

A notary is a public officer responsible for attesting the authenticity of documents to serve as evidence. Governed by the Rules on Notarial Practice, notaries can perform various acts such as acknowledgments and affirmations, but must adhere to specific limitations regarding their location and the presence of signatories. Common legal forms include powers of attorney, and notaries can face revocation of their commission for failing to follow proper procedures.

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32 views4 pages

What Is A Notary

A notary is a public officer responsible for attesting the authenticity of documents to serve as evidence. Governed by the Rules on Notarial Practice, notaries can perform various acts such as acknowledgments and affirmations, but must adhere to specific limitations regarding their location and the presence of signatories. Common legal forms include powers of attorney, and notaries can face revocation of their commission for failing to follow proper procedures.

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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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WHAT IS A NOTARY?

- ANTILLON V. BARCELON

 A public officer whose duty is to attest the genuineness of any deed or


writing in order to render them available as evidence of the facts therein
contained.
WHAT LAWS GOVERN NOTARIES?
- RULES ON NOTARIAL PRACTICE 2004 (AM No. 02-8-13-SC)

1.) Acknowledgement
 Refers to the act of appearing in person before the notary public and
presents an integrally complete instrument or document. Which is attested
to be personally known to the notary public or identified by the notary
public through competent evidence of identity; and 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 as his free and
voluntary act and deed.

2.) Affirmation
 Refers to the act of appearing in person before the notary public and is
personally known to the notary public or identified by the notary public
through competent evidence of identity; and avows under penalty of law to
the whole truth of the contents of the instrument or document.
WHAT ARE THE POWERS AND LIMITATIONS OF NOTARIES?
- RULE 4, SEC 1, 2004 RULES ON NOTARIAL PRACTICE?

 Notary publics are empowered to perform acknowledgements, oaths and


affirmations; jurats; signature witnessing; copy certification; and any other
act authorized by these rules.
 A notary public may also be authorized to sign on behalf of a person who
is physically unable to sign or make a mark on an instrument or document
if he is directed by the person unable to sign or make a mark; or if the
notary has affixed his signature in the presence of two disinterested and
unaffected witnesses to the instrument.
- RULE 4, SECTION 2, 2004 RULES ON NOTARIAL PRACTICE

 Notary public shall not perform a notarial act outside his regular place of
work or business. However, on certain exceptional occasions or situations,
a notarial act maybe performed at the request of the parties in a public
office or where oaths of office may be administered; public functions or
similar places for the signing of instruments or documents requiring
notarization; Hospitals and other medical institutions where a party to an
instrument is confined for treatment; and Any place where the party to an
instrument requiring notarization is under detention.
 The notary public shall not perform a notarial act if the person involved as
signatory to the instrument or document is not in the presence of the
notary personally at the time of the notarization; and Is not personally
known to the notary public or otherwise identified by the notary through
competent evidence of identity.
WHAT ARE LEGAL FORMS?
1.) BUSINESS FORMS

 Forms used in conveyancing or of the forms of deeds, instruments or


documents creating, transferring, modifying or limiting rights to real as well
as personal properties and other forms related to business contracts or
transactions.

2.) JUDICIAL FORMS

 Forms which pertain to different kinds of pleadings, applications, petitions,


affidavits, motions, and the like.

- ARTICLE 1358 OF THE NEW CIVIL CODE

 The following must appear in public documents:


1. Acts and contracts which have for their object the creations,
transmission, modification or extinguishment of real rights over
immovable property; sales of real property or of an interest therein;
2. Cession, repudiation or renunciation of hereditary rights or of those of
the conjugal partnership of gains;
3. The power to administer property, or any other power which has for its
object an act appearing or which should appear in a public document,
or should prejudice a third person;
4. The cession of actions or rights proceeding from an act appearing in a
public document
5. All other contracts where the amount involved exceeds 500 pesos
WHAT ARE THE MOST COMMONLY USED LEGAL FORMS?
- POWERS OF ATTORNEYS

1.) GENERAL POWER OF ATTORNEY

 It is a principal document that gives a broad authorization to the agent.

2.) SPECIAL POWER OF ATTORNEY

 Narrows the power given to the agent. More commonly used as it gives
authority to the agent to act on behalf of another person, referred to as the
principal, in specific and limited legal matters. Key components to the
special power of attorney are: Identification of parties, Scope of authority,
Duration and termination, and lastly, notarization of the SPA.
WHAT ACTIONS CAN CAUSE REVOCATION AND DISCIPLINARY ACTIONS?
- Rule 11, Sec 1, 2004 Rules of Notarial Practice

1.) Fails to keep a notarial register;


2.) Fails to make the proper entry in his notarial register concerning his notarial
acts;
3.) Fails to send the copy of the entries to the Executive Judge within the first 10
days of the month following;
4.) Fails to affix to acknowledgements the date of expiration of his commission;
5.) Fails to submit his notarial register, when filled, to the Executive Judge;
6.) Fails to make his report, within a reasonable time, to the Executive Judge
concerning the performance of his duties, as may be required by the Judge;
7.) Fails to require the presence of a principal at the time of the notarial act;
8.) Fails to identify a principal on the basis of personal knowledge or competent
evidence;
9.) Executes a false or incomplete certificate under Sec 5, Rule 4;
10.) Knowingly performs or fails to perform any other act prohibited or
mandated by rules; and
11.) Commits any other deleriction or act which in the judgement of the
Executive Judge constitutes good cause for revocation of commission
WHAT ARE AFFIDAVITS?
- Section 5, Act No. 1508 (Chattel Mortgage law)

 Affidavits are sworn statements in writing sworn before a notary or other


officers entitled to administer oath or take acknowledgements.

- Parts of an affidavit

 Venue – place where the affidavit was taken


 Body – The facts stated in the body of an affidavit must be stated
positively, and not merely as a matter of belief, by one who has actual
knowledge of the fact and its allegations
 Signature of the affiant and the jurat – Proper place of the signature is
below the body of the affidavit

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