The 2004 Rules on Notarial

Practice
Importance Attached to the Act of
Notarization
Purpose
 To promote, serve, and protect public
interest;
 To simplify, clarify, and modernize the rules
governing notaries public; and
 To foster ethical conduct among notaries
public.
Commissioning of Notary Public
Qualifications
 A citizen of the Philippines
 Over twenty-one (21)years of age
 Resident of the Philippines for at least one (1) year and maintains a
regular place of work in the city or province where the commission
is to be issued
 Member of the Philippine Bar in good standing with clearances
from the Office of the Bar Confidant of the Supreme Court and the
IBP
 Not have been convicted in the first instance of any crime involving
moral turpitude
Form of the Commission and
Supporting Documents
 Shall be in writing  Proof of payment for the filing
 Verified of the petition
 Contains personal  Three (3) passport-size color
qualifications photographs with light
background taken within thirty
 Certification of good moral
(30) days of the application.
character of the petitioner by
 The photograph should not be
at least two (2) executive
officers of the local chapter of retouched.
the IBP where he is applying  The petitioner shall sign his
for commission name ·at the bottom part of the
photographs .
Jurisdiction and Term
 A person commissioned as notary public may
perform notarial acts in any place within the
territorial jurisdiction of the commissioning
court for a period of two (2) years
commencing the first day of January of the
year in which the commissioning is made.
Renewal of Commission
 A notary public may file a written application with the
Executive Judge for the renewal of his commission within
forty-five (45) days before the expiration thereof.
 A mark, image or impression of the seal of the notary
public shall be attached to the application.
 Failure to file said application will result in the deletion of
the name of the notary public in the register of notaries
public.
Powers and Limitations of Notaries Public
Powers
 a. A notary public is empowered to perform the following
notarial acts:
 Acknowledgments;
 Oaths and affirmations;
 Jurats;
 Signature witnessing;
 Copy certification
 Other acts authorized by the 2004 Rules on Notarial Practice
Powers
 b. Authorized to certify the affixing of a signature by thumb or other
mark if:
 the thumb or other mark is affixed in the presence of the notary public and of
two(2) disinterested and unaffected witnesses to the instrument or document;
 both witnesses sign their own names in addition to the thumb or other mark;
 the notary public writes below the thumb or other mark: "Thumb or Other
Mark affixed by (name of signatory by mark) in the presence of (names and
addresses of witnesses) and undersigned notary public";
 the notary public notarizes the signature by thumb or other mark through an
acknowledgment, jurat, or signature witnessing
Prohibitions
 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
 public offices, convention halls, and similar ·places where oaths of office may
be administered;
 public function areas in hotels and 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;
 any place where a party to an instrument or document requiring notarization
is under detention
Prohibitions
 A person shall not perform a notarial act if the
person involved as signatory to the instrument or
document
 is not in the notary's presence personally at the time of
the notarization;
 the notary , public through competent evidence of
identity as defined by these Rules.
Disqualifications
 A notary public is disqualified from performing a
notarial act if he
 is a party to the instrument or document that is to be notarized
 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
 is a spouse, common-law partner, ancestor, descendant, or
relative by affinity or consanguinity of the principal within
the fourth civil degree
Refusal to Notarize
 A notary public shall not perform any notarial act
described if:
 the notary knows or has good reason to believe that the notarial
act or transaction is unlawful or immoral
 the signatory shows a demeanor which engenders in the mind of
the notary public reasonable doubt as to the farmer's knowledge
of the consequences of the transaction requiring a notarial act
 in the notary's judgment, the signatory is not acting of his or her
own free will
Improper Instruments or
Documents
 A notary public shall not notarize
 a blank or incomplete instrument or document;
 an instrument or document without appropriate notarial
certification
Cases
Angeles vs. Ibañez
 Angeles alleges that Atty. Ibañez notarized an Extraducial
Partition with Absolute Sale without requiring the
presence of the parties thereto, and despite his alleged lack
of a notarial commission .
 They state that this constitutes professional misconduct for
which reason he should be disbarred.
Angeles vs. Ibañez

 Atty. Ibañez contended that the complainants are guilty of forum-

shopping inasmuch as they had previously filed the same complaint,
which was dismissed by the IBP.
 He admitted to notarizing the "Extrajudicial Partition with Absolute
Sale" but clarified that he did so as Notary Public of the Province of
Cavite
 Atty. Ibañez alleged that he notarized the "Extrajudicial Partition
with Absolute Sale" in his capacity as the official Notary Public of
Puerto Azul, and the same was actually prepared and typewritten by
complainant Rosalina Angeles.
Angeles vs. Ibañez
 Atty. Ibañez alleged that a defect in the notarization of a document
of sale does not invalidate the transaction, and he stated that his
failure to require the presence of the parties to the "Extrajudicial
Partition with Absolute Sale" is wholly justified because of the
assurance of complainant Rosalina Angeles that the signatures
appearing in the said document were indeed those of her co-heirs.
 The IBP found that respondent notarized the "Extrajudicial Partition
with Absolute Sale" in the absence of affiants and without a notarial
commission.
Angeles vs. Ibañez

 Atty. Ibañez was barred from being commissioned as a notary public for a period of two
(2) years and was suspended from the practice of law for a period of one (1) year.
 Issue:
 Whether or not Atty. Ibañez violated the Notarial Practice Rule
Angeles vs. Ibañez
 Yes
 Affiants must personally appear before the notary.
 The physical presence of the affiants enables the notary public to verify the
genuineness of the signatures of the acknowledging parties and to ascertain
that the document is the parties' free act and deed.
 The physical presence of the affiants enables the notary public to verify the
genuineness of the signatures of the acknowledging parties and to ascertain
that the document is the parties' free act and deed.
Angeles vs. Ibañez
 Notarization is not an empty routine.
 It engages public interest in a substantial degree and the
protection of that interest requires preventing those who
are not qualified or authorized to act as notaries public
from imposing upon the public and the courts and
administrative offices generally.
Legaspi vs. Landrito and Toribio

 Legaspi charged Atty. Landrito and Atty. Toribio with Grave

Misconduct in relation to the alleged falsification of a Special
Power of Attorney (SPA).
 Atty. Landrito allegedly made it appear that Pedrito Aragon was
duly authorized to file an ejectment suit and to represent his co-heirs
.
 However, the co-heirs could not have executed the SPA as they were
then already residing in the United States of America and Canada.
Legaspi vs. Landrito and Toribio

 Atty. Toribio allegedly notarized the SPA without requiring the

presence of the principals, and verifying whether the said document
was really executed by the latter and that the same was their free
and voluntary act and deed.
 Atty. Toribio stated that the co-heirs had attested that the signatures
appearing on the questioned SPA are their own and that they
voluntarily executed the same.
 Atty. Landrito claimed that he had no participation in the execution
of the SPA
Legaspi vs. Landrito and Toribio
 The IBP found Atty. Toribio guilty of violating the Code
of Professional Responsibility and the rules on notarial
practice and recommending the penalty of six months
suspension both as a lawyer and a notary public. The IBP,
however, recommended the dismissal of the case against
Atty. Landrito for lack of merit.
 Issue:
 Whether or not Atty. Landrito and Atty. Toribio violated the
Notarial Practice Rule.
Legaspi vs. Landrito and Toribio

 Yes.
 Although the SPA was voluntarily executed by the principals, it
was notarized in their absence in clear violation of the rules on
notarial practice.
 A notary public should not notarize a document unless the
persons who signed the same are the very same persons who
executed and personally appeared before him to attest to the
contents and the truth of what are stated therein
Oath
Other Officials Authorized to Administer Oath
Sec. 42, Chapter 10, Revised
Administrative Code
 Duty to Administer Oath.
 Officers authorized to administer oaths, with the exception of
notaries public, municipal judges and clerks of court, are not
obliged to administer oaths or execute certificates save in matters
of official business; and with the exception of notaries public,
the officer performing the service in those matters shall charge
no fee, unless specifically authorized by law.
R.A. 6733
 Section 1. Section 21 of the Revised Administrative Code is hereby
amended to read as follows:
 "SECTION 21. Officials authorized to administer oath. - The following
officers have general authority to administer oaths, to wit:
 "President;
 Vice-President;
 Members and Secretaries of both Houses of the Congress;
 Members of the Judiciary;
 Secretaries of Departments;
R.A. 6733
 provincial governors and lieutenant-governors; city mayors; municipal
mayors; bureau directors;
 regional directors;
 clerks of courts;
 registrars of deeds;
 and other civilian officers in the Philippine public service whose
appointments are vested in the President of the Philippines and are
subject to confirmation by the Commission of Appointments; all other
constitutional officers; and notaries public.
 A person who by authority of law shall serve in the capacity of
the officers mentioned above shall possess the same power."
R.A. 6733
 Section 2. Section 41 of the Administrative Code of 1987 is hereby amended to
read as follows:
 "Sec. 41. Officers Authorized to Administer Oath. - The following officers have
general authority to administer oaths:
 President;
 Vice-President;
 Members and Secretaries of both Houses of the Congress;
 Members of the Judiciary;
 Secretaries of Departments;
 provincial governors and lieutenant-governors;
R.A. 6733
 city mayors;
 municipal mayors;
 bureau directors;
 regional directors;
 clerks of courts;
 registrars of deeds; other civilian officers in the public service of
the government of the Philippines whose appointments are
vested in the President and are subject to confirmation by the
Commission on Appointments;
 all other constitutional officers; and notaries public."
R.A. 7160
 SECTION 420. Power to Administer Oaths
 The punong barangay, as chairman of the lupong
tagapamayapa, and the members of the pangkat are
hereby authorized to administer oaths in connection
with any matter relating to all proceedings in the
implementation of the katarungang pambarangay.
R.A. 10755

 SECTION 1. Section 41 of Executive Order No. 292, otherwise

known as the Administrative Code of 1987, as amended by Republic
Act No. 6733, is hereby further amended to read as follows:
 “SEC. 41. Officers Authorized to Administer Oath. – The following officers
have general authority to administer oaths:
 President;
 Vice President;
 Members and Secretaries of both Houses of Congress;
 Members of the Judiciary;
 Secretaries of Departments;
 provincial governors and lieutenant-governors;
R.A. 10755
 city mayors;
 municipal mayors;
 bureau directors;
 regional directors;
 clerks of courts;
 registrars of deeds;
 other civilian officers in the public service of the government of the Philippines whose
appointments are vested in the President and are subject to confirmation by the
Commission on Appointments;
 all other constitutional officers;
 and notaries public.
 “The punong barangay is authorized to administer the oath of office of any
government official including the President of the Philippines.”