Notarial Practice

Question 1

Define: Commission

Answer 1

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

Question 2

Define: Notarial Register

Answer 2

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

Question 3

Define: Notarial Certificate

Answer 3

Notarial Certificate refers to 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 4

Qualifications for a notarial commission.

Answer 4

1. citizen of the Ph
2. over 21 years old
3. 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. member of the Bar in good standing
5. not convicted of any crime involving moral turpitude

Question 5

When should a commission be renewed?

Answer 5

A notary public may file a written application with the Executive Judge for the renewal of his commission within 45 days before the expiration thereof. A mark, image, or impression of the seal of the notary public shall be attached to the application.

Question 6

What is the effect of failure to renew a notarial commission?

Answer 6

1. will result in the deletion of the name of the notary public in the register of notaries public.
2. reinstatement will only be after he is issued a new commission i.e. file a petition again

Question 7

What are the powers of a notary public?

Answer 7

(1) acknowledgments;

(2) oaths and affirmations;

(3) jurats;

(4) signature witnessings;

(5) copy certifications; and

(6) any other act authorized by these Rules.

Question 8

G.R. a notary public can only perform notarial acts within his regular place of work or business

What are the XPNs?

Answer 8

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

Question 9

When should a notary public not perform a notarial act?

Answer 9

(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

Question 10

What are the disqualifications of a notary public from performing notarial acts?

Answer 10

1. is a party to the instrument or document that is to be notarized;
2. 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
3. is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree

Question 11

When can a notary public refuse to notarize?

Answer 11

1. the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral
2. the signatory shows a demeanor that engenders in the mind of the notary public reasonable doubt as to the former’s knowledge of the consequences of the transaction requiring a notarial act
3. in the notary’s judgment, the signatory is not acting of his or her own free will

Question 12

What is the prohibition on false or incomplete certificate?

Answer 12

A notary public shall not:

1. execute a certificate containing information known or believed by the notary to be false
2. affix an official signature or seal on a notarial certificate that is incomplete

Question 13

What is the prohibition on improper instruments or documents?

Answer 13

A notary public shall not notarize:

1. a blank or incomplete instrument or document
2. an instrument or document without appropriate notarial certification

Question 14

How many notarial books can a notary public maintain?

Answer 14

A notary public shall keep only one active notarial register at any given time.

Question 15

What information must be recorded in the notarial register?

Answer 15

1. the entry number and page number;
2. the date and time of day of the notarial act;
3. the type of notarial act;
4. the title or description of the instrument, document, or proceeding;
5. the name and address of each principal;
6. the competent evidence of identity as defined by these Rules if the signatory is not personally known to the notary;
7. the name and address of each credible witness swearing to or affirming the person’s identity;
8. the fee charged for the notarial act;
9. the address where the notarization was performed if not in the notary’s regular place of work or business
10. any other circumstance the notary public may deem of significance or relevance

Question 16

When should the copies of instruments be acknowledged before the notary public is submitted?

Answer 16

A certified copy of each month’s entries and a duplicate original copy of any instrument acknowledged before the notary public shall, within
the first 10 days of the month following, be forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no entry
to certify for the month, the notary shall forward a statement to this effect in lieu of certified copies herein required.

Question 17

Whose signature or thumbmark should be affixed on the notarial register?

Answer 17

1. principal
2. credible witness swearing or affirming the identity of a principal
3. witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a person physically unable to sign

Question 18

When can a person inspect an entry in the notarial registry?

Answer 18

1. the person’s identity is personally known to the notary public or proven through competent evidence of identity
2. the person affixes a signature and thumb or other mark or other recognized identifier, in the notarial register in a separate, dated entry;
3. the person specifies the month, year, type of instrument or document, and name of the principal in the notarial act or acts sought
4. the person is shown only the entry or entries specified by him

Question 19

When can a law enforcement officer examine a notarial register?

Answer 19

The notarial register may be examined by a law enforcement officer in the course of an official investigation or by virtue of a court order.

Question 20

When can a notary public deny access to his/ her notarial book?

Answer 20

If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful motive in requesting information from the notarial register, the notary shall deny access to any entry or entries therein.

Question 21

What is the effect on the notarial register after the notary public’s death?

Answer 21

Upon revocation or expiration of a notarial commission or death of the notary public, the notarial register and notarial records shall immediately be delivered to the office of the Executive Judge.

Question 22

In notarizing a paper instrument or document, a notary public shall:

Answer 22

1. sign by hand on the notarial certificate only the name indicated and as appearing on the notary’s commission
2. not sign using a facsimile stamp or printing device
3. affix his official signature only at the time the notarial act is performed

Question 23

The notarial certificate shall include the following:

Answer 23

1. the name of the notary public as exactly indicated in the commission
2. the serial number of the commission of the notary public;
3. 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
4. the roll of attorney’s number, the professional tax receipt number and the place and date of issuance thereof, and the IBP membership number

Question 24

How can a notary public resign?

Answer 24

1. by personally submitting a written, dated, and signed formal notice to the Executive Judge
2. together with his notarial seal, notarial register, and records.

Effective from the date indicated in the notice, he shall
immediately cease to perform notarial acts. In the event of his incapacity to personally appear, the submission of the notice may be performed by his
duly authorized representative.

Question 25

What are the grounds an Executive Judge may revoke a commission or impose administrative sanctions?

Answer 25

(1) fails to keep a notarial register;

(2) fails to make the proper entry or entries in his notarial register concerning his notarial acts;

(3) fails to send a copy of the entries to the Executive Judge within the first 10 days of the month following;

(4) fails to affix to acknowledgments 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 Section 5, Rule IV;

(10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and

(11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction

Question 26

The Executive Judge shall cause the prosecution of any person who:

Answer 26

1. knowingly acts or otherwise impersonates a notary public;
2. knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public
3. knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct