2004 Rules on Notarial Practice

Question 1

What is an acknowledgement

Answer 1

Refers to an act in which an individual on a single occasion:
A. Appears in person before a notary public and presents an integrally complete instrument or document;
B. Is attested to be personally known to the notary public or is identified by the notary public through competent evidence of identity as defined by these Rules;
C. 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 or document as his free and voluntary act and deed, and if he acts in a particular representative capacity, that he has the authority to sign in that capacity.

Question 2

What is an Affirmation or Oath

Answer 2

Refers to an act in which an individual on a single occasion:
A. appears in person before the notary public;
B. Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules;
C. Avows under penalty of law to the whole truth of the contents of the instrument or document

Question 3

Commission

Answer 3

Refers to the grant of authority to perform notarial acts and to the written evidence of the authority.

Question 4

Copy Certification

Answer 4

Refers to a notarial act in which a notary public:
A. Is presented with an integrally complete instrument or document that is neither a vital record, a public record, nor publicly recordable;
B. Copies or supervises the copying of the instrument or document
C. Compares the instrument or document with the copy; and
D. Determines that the copy is accurate and complete

Question 5

Notarial Register

Answer 5

Refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public.

Question 6

Jurat

Answer 6

Refers to an act which an individual on a single occasion:
A. Appears in person before the notary public and presents an instrument or document;
B. Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules;
C. Signs the instrument or document in the presence of the notary; and
D. Takes an oath or affirmation before the notary public as to such instrument or document.

Question 7

Notarial Certificate

Answer 7

The part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary’s signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules.

Question 8

Notary Public and Notary

Answer 8

Refer to any person commissioned to perform official acts under these Rules

Question 9

Principal

Answer 9

A person appearing before a notary public whose act is subject of notarization

Question 10

Regular Place of Work or Business

Answer 10

Stationary office in the city or province wherein the notary public renders legal and notarial services

Question 11

Competent Evidence of Identity

Answer 11

Refers to the identification of an individual based on:

A. At least one current identification document issued by an official agency bearing the photograph and signature of the individual; such as but not limited to;

1. Passport
2. Driver’s license
3. Professional Regulation Commission ID
4. National Bureau of Investigation Clearance
5. Police clearance
6. Postal ID
7. Voter’s ID
8. Barangay certification
9. GSIS E-Card
10. SSS Card
11. Philhealth Card
12. Senior Citizen Card
13. OWWA ID
14. OFW ID
15. Seaman’s Book
16. Alien Certificate of Registration/Immigrant Certificate of Registration
17. Government office ID
18. Certification from the National Council for the Welfare of Disabled Persons
19. Department of Social welfare and development certification.

B. The oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification

Question 12

Official Seal or Seal

Answer 12

A device for fixing a mark, image or impression on all papers officially signed by the notary public conforming the requisites prescribed by these Rules

Question 13

Signature Witnessing

Answer 13

A notarial act in which an individual on a single occasion:
A. Appears in person before the notary public and presents an instrument or document;
B. Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these rules;
C. Signs the instrument or document in the presence of the notary public

Question 14

Qualifications for Commission as a Notary Public

Answer 14

1. Citizen of the Philippines;
2. Over 21 years old;
3. Resident for at least one year and maintains a 4. regular place of work or business in the city or province where the commission is to be issued;
4. Member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the SC and IBP;
5. Must not have been convicted in the first instance of any crime involving moral turpitude

Question 15

What do you mean when the petition must be verified

Answer 15

Verification is an averment by the party making a pleading that he is prepared to establish the truth of the facts which he has pleaded. A pleading is verified by an affidavit stating that the person verifying has read the pleading and that the allegations thereof are true of his own knowledge. Verification based on “information and belief,” or upon “knowledge, information and belief” shall be deemed insufficient.

Question 16

What should be included in the Petition

Answer 16

1. Statement containing personal qualifications:
   a. Date of Birth
   b. Residence
   c. Telephone Number
   d. Professional Tax Receipt
   e. Roll of Attorney’s Number
   f. IBP Membership number
2. Certification of Good Moral Character by at least two executive officers of the local chapter of the IBP where he is applying for commission;
3. Proof of payment for the filing;
4. Three passport size photographs
   a. Light background
   b. Within 30 days of application
   c. Not retouched
   d. Signed name at the bottom of the photograph

Question 17

When can an Executive Judge grant a Commission

Answer 17

After the conduct of summary hearing if:

a. Petition is sufficient in form and substance;
b. Proves allegations contained in the petition;
c. Establishes to the satisfaction of the Exec Judge that he has read fully and understood these Rules

Question 18

What is the jurisdiction of a Notary Public?

Answer 18

Within the territorial jurisdiction of the commissioning court

Question 19

What is the term of a Notary Public

Answer 19

For a period of two years commencing the 1st of January of the year in which the commissioning is made

Question 20

What are the powers of Notaries public?

Answer 20

1. Acknowledgments
2. Oaths and affirmations
3. Jurats
4. Signature witnessings
5. Copy certifications
6. Any other act authorized by the rules

Question 21

What are the exceptions to the prohibition that a notarial act may no be performed outside of his regular place of work or business?

Answer 21

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 is confined for treatment;
4. Any place where a party to an instrument or document requiring notarization is under detention.

Question 22

What are the prohibitions to the notarial power?

Answer 22

1. Shall not perform a notarial act outside his regular place of work or business;
2. If the person involved as signatory to the instrument or document –
   a. Not in the notary’s presence personally at the time of the notarization; and
   b. Is not personally known to the notary public or otherwise identified through competent evidence of identity

Question 23

What are the grounds for disqualification

Answer 23

1. A party to the instrument or document that is to be notarized;
2. will receive any
   a. Commission
   b. Fee
   c. Advantage
   d. Right,
   e. title
   f. Interest
   g. Cash
   h Property
   i. Or other consideration
3. Is a spouse, common-law partner, ancestor, descendant, or relative by affinity of the principal within the fourth civil degree

Question 24

What are the grounds for the refusal to notarize?

Answer 24

1. Notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral;
2. Signatory shows a demeanor which engenders in the mind of the np reasonable doubt as to the former’s knowledge of the consequences of the transaction requiring a notarial act;
3. Not acting of own free will