You are on page 1of 11

The Notarial law is explicit on the obligations and duties of notaries public.

They are required to certify that the party to every document acknowledged before them has presented the proper residence certificate (or exemption from the residence tax); and to enter its number, place of issue and date as part of such certification.

They are also required to maintain and keep a notarial register; to enter therein all instruments notarized by them and to give to each instrument executed, sworn to, or acknowledged before them a number corresponding to the one in their register and to state therein, on which the is recorded.

What are the purpose of Notarial Rules: o to promote, serve, and protect public interest; o to simplify, clarify, and modernize the rules governing notaries public; and o to foster ethical conduct among notaries public.

What is acknowledgement?

Acknowledgment. Acknowledgment refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an integrally complete instrument or document; (b) is attested to be personally known to the notary public or indentified by the notary public through complement evidence of identity as defined by these Rules; and (c) represent to the notary public that the signature on the instrument or document was voluntary affixed by him for the purposes stated in the instrument or document, declared 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.

What is Affirmation or Oath?

The term Affirmation or Oath refers to an act in which an individual on a single occassion:

(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; and

(c) avows under penalty of law of the whole truth of the contents of the instrument or document.

What is Notarial Register?

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

What is Jurat?

Jurat refers to an act in whihc 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 throug 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.

What is Notary Public and Notary?

Notary Public and Notary refer to any person commitssioned to perform official acts under these Rules.

What is Competent Evidence of Identity?

The phrase competent evidence of identity refers to the idenrification of an individual based on

(a) at least one current idntification document issued by an official agency bearing the photograph and signature of the individual; or

(b) the oath or affirmation of once credible witness not privy to the instrument, document or transaction who is personnaly known to the notary public and who personally knows the individual, or of two credible witness 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.

What are the Power of Notaries Public?

(a) A notary public is empowered to perform the following notarial acts: (1) acknowledgments; (2) oaths and affirmations; (3) jurats; (4) signature witnessings; (5) copy certifications; and (6) any other act authorized by these Rules;

(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark in an instrument or document presented or notarization if:

(1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffacted witnesses to the instrument or document;

(2) both witnesses sign their own names in addition to the thumb or other mark;

(3) the notary public writes below the thumb or other mark: Thumb of (names and addresses of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public; and

(4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurant, or signature witnessing.

(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an intrument or document if:

(1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf;

(2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document;

(3) both winesses sign their own names;

(4) the notary publis writes bwlow his signature; Signature affixed by notary in presence of (names and addresses of person and two [2] witnesses); and

(5) the notary public notarizes his signature by acknowledgment or jurant.

What are the limitations/Prohibitions of Notaries Public?

(a) A notary public shall not perform a notarial act outside his regular place of work of business; provided, however; that on certain exceptional occasions or situations, a notarila 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 notarizaion;

(3) hospitals and other medical institutions where a party to an instrument or document is donfined for treatment; and

(4) any place where a party to an instrument or document requiring notarization is under detention.

(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 notarys 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.

Case sample: Will the lawyers act of certifying under oath a deed of absolute sale knowing that some of the parties were already dead constitute misconduct?

PIKE P. ARRIETA, vs. ATTY. JOEL A. LLOSA,[A.C. No. 4369. November 28, 1997] In this case the herein petitioner, asked for the disbarment of Atty. Joel A. Llosa, the latter certifying under oath a deed of absolute sale presented before him. An information was acquired that indeed Edelina T. Bonilla and Elonardo P. Toledano were dead even before the execution of the deed. Despite such asserition, the respondent, lawyer acknowledged the said document in the absence of the community tax certificate asked to the parties. On this note, the High Court ruled that That respondent acted the way he did because he was confronted with an alleged urgent situation is no excuse at all. As an individual, and even more so as a member of the legal profession, he is required to obey the laws of the land AT ALL TIMES, to refrain from engaging in unlawful, dishonest, immoral or deceitful conduct AT ALL TIMES, to uphold the integrity of his profession AT ALL TIMES, to promote respect to his profession AT ALL TIMES, and to act with justice AT ALL TIMES.

As a lawyer, respondent breached his professional responsibility by certifying under oath an instrument fully knowing that some of the signatories thereto were long dead. It is worth stressing that the practice of law is not a right but a privilege bestowed by the State on those who show that they possess, and continue to possess, the qualifications required by law for the conferment of such privilege. [M]embership in the bar is a privilege burdened with conditions. There being no lifetime guaranty, a lawyer has the privilege and right to practice law only during good behavior and can be deprived of it for misconduct ascertained and declared by judgment of the court after opportunity to be heard has been afforded him.

MARINA C. GONZALES vs. ATTY. CALIXTO B. RAMOS [A.C. No. 6649. June 21, 2005]

In the case at hand, the herein respondent is a friend of one named Francisco. The latter have with him a deed of absolute sale signed by the complainant, Marina Gonzales. At first Atty. Ramos was hesitant to notarized the deed since Marina was not present to which he may witness that indeed Gonzales signed the document, but because Francisco was persistent and Gonzales is his client, he simply just compared the signature with that of other documents signed by Gonzales. On this note, a complaint was filed by Gonzales raising the irregularity in the performance of duty committed by Atty. Ramos. A decision was made that indeed Ramos committed irregularity in his work. It was further mentioned that 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 the said notary public to attest to the contents and truth of what are stated therein. The presence of the parties to the deed making the acknowledgment will enable the notary public to verify the genuineness of the signature of the affiant. A notary public is enjoined from notarizing a fictitious or spurious document. The function of a notary public, is among others, to guard against any illegal deed.

What are the disqualifications of Notaries Public?

A notary public is disqualified from performing a notarial act if he:

(a) is party to the instrument or document that is to bee 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.

What are prohibited fees for notaries public?

No fee or compensation of any kind, except those expressly prescribed and allowed herein, shall be collected or received for any notarial service.

What are the instances where revocation or administrative sanctions may be imposed?

(a) The Executive Judge may revoke the commission of, or impose appropriate administrative sactions upon, any notary public who:

(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative sactions upon, any notary public who:

(1) fails to keep a notarial register;

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

(3) fails to send the copy of the entries to the Executive Judge within the first ten (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 the judgment of the Executive Judge constitutes good cause for revocation or commission or imposition of administrative sanction.

MELANIO L. ZORETA vs. ATTY. HEHERSON ALNOR G. SIMPLICIANO [A.C. No. 6492. November 18, 2004]

In this case it was raised that Atty. Heherson Alnor G. Simpliciano, the herein respondent, notarized 590 documents despite the absence of proper commission as a notary public. When a complaint was filed, because of this improper actions of the respondent, the latter refused to submit proper defense that will defy the allegations raised against him. There was even a request filed before the court, for an extension for filing evidence, but still the respondent refused to submit, which is a clear lack of interest and indifference in presenting his defense.

On this note, the Supreme Court ruled that The requirements for the issuance of a commission as notary public must not be treated as a mere casual formality. The Court has characterized a lawyers act of notarizing documents without the requisite commission therefore as reprehensible, constituting as it does not only malpractice but also x x x the crime of falsification of public documents. These violations fall squarely within the prohibition of Rule 1.01 of Canon 1 of the Code of Professional Responsibility, which provides: A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

(c) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall be required to file a verified answer to the complaint;

If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary hearing. If the allegations of the complaint are not proven, the complaint shall be dismissed. If the charges are duly established, the Executive Judge shall impose the appropriate administrative sanctions. In either case, the aggrieved party may appeal the decision to the Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall be immediately executory, unless otherwise ordered by the Supreme Court.

What are the punishable acts?

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

(a) knowingly acts or otherwise impersonates a notary public;

(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and

(c) knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct.

You might also like