The 2004 Rules on Notarial Practice AM No 02-8-13-SC

2020 Interim Rules on Remote Notarization of Paper Documents, A.M. No. 20-07-04-SC, 14 July 2020 | The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

Below is a comprehensive and meticulous discussion of the 2020 Interim Rules on Remote Notarization of Paper Documents (A.M. No. 20-07-04-SC, dated 14 July 2020), promulgated by the Supreme Court of the Philippines. While these Interim Rules were introduced primarily as a response to the COVID-19 pandemic and the challenges posed by community quarantines, they remain a significant development in Philippine notarial practice and legal ethics. Please note that this discussion is provided for informational purposes; for specific questions or guidance, always consult a qualified Philippine attorney.

I. BACKGROUND AND PURPOSE

  1. Context of the Rules

    • In March 2020, the COVID-19 pandemic severely limited face-to-face interactions. The Supreme Court recognized that the requirements of personal appearance under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) became difficult or nearly impossible for many individuals due to quarantine restrictions.
    • To balance public health concerns with the need to uphold the integrity of notarized documents, the Court promulgated the 2020 Interim Rules on Remote Notarization of Paper Documents.

  2. Legal Basis

    • The Supreme Court’s power to issue rules concerning the practice of law and the conduct of lawyers (including notaries public) in the Philippines stems from its constitutional prerogatives and from statutes that allow the Court to regulate the legal profession.

  3. Nature and Scope

    • The 2020 Interim Rules supplement—rather than replace—the 2004 Rules on Notarial Practice.
    • In the event of an irreconcilable conflict between the 2004 Rules and the Interim Rules on Remote Notarization, the Interim Rules govern, but only to the extent of enabling remote notarization under the specific guidelines.

II. COVERAGE AND APPLICABILITY

  1. Who May Avail of Remote Notarization

    • Individuals who need documents notarized but cannot appear physically before the notary public due to health and safety concerns or mobility restrictions.
    • Notaries public who have complied with the minimum technological and operational requirements may offer remote notarization services within the territorial limits of their commission.

  2. Paper Documents vs. Electronic Documents

    • The Interim Rules specifically address paper documents (i.e., documents ultimately in printed or hard copy form).
    • They do not displace or modify the existing rules on e-documents or e-signatures under prevailing laws like the Electronic Commerce Act (R.A. 8792); rather, they provide a process for remote notarization of the traditional paper document.

  3. Limited Duration

    • These are interim rules, generally intended for extraordinary circumstances. The Supreme Court may modify, extend, or revoke these rules depending on public health conditions or legislative/regulatory developments.

III. KEY DEFINITIONS

To facilitate understanding, the 2020 Interim Rules introduce or emphasize certain terms:

  1. Remote Notarization

    • A process where the notary public and the signatory are in different physical locations but use secure audiovisual (A/V) technology to perform the notarial act in real time.

  2. Audiovisual Technology

    • Refers to any technology that allows all participants to communicate in real-time via both video and audio, enabling the notary public to observe the person signing and verify identity properly.

  3. Identity Proofing

    • A procedure that the notary public employs to verify the identity of the person signing the document remotely, typically involving:
      • Presentation of official identification documents over the A/V platform;
      • Security questions or other verifiable forms of authentication; and
      • Confirmation that the signatory is indeed the person described in and who executed the document.

  4. Credential Analysis

    • A method for verifying the authenticity of identification documents (e.g., scanning or capturing images of IDs during the online session to confirm essential security features).

IV. REQUIREMENTS AND GUIDELINES FOR REMOTE NOTARIZATION

A. Technical and Procedural Requirements

  1. Stable Audiovisual Connection

    • The notary public, as well as the signatory (and any witnesses, if applicable), must have a high-quality, real-time audio and video feed to prevent any interruption or distortion that could compromise the notarial act.

  2. Audiovisual Recording and Storage

    • The notary public must record the entire session, ensuring a clear view of the signatory, the notary, and the document (where feasible).
    • This recording becomes part of the notary’s official records and must be securely stored and made available for inspection by the proper authorities if required.
    • The Supreme Court mandated a retention period for these recordings, aligning with the retention rules for notarial records (typically five years or more, but check the precise period in the rules).

  3. Physical Presence Within Commissioned Territory

    • Notary Public: Even though the notarization is remote, the notary public must still be physically located within the geographical area where they are authorized (commissioned) to perform notarial acts.
    • Principal(s) / Signatory(ies): The signatory may be located elsewhere, but the notary must confirm that the signatory’s location is disclosed and that the transaction is legally permissible under the notary’s commission.

  4. Identification Requirements

    • The notary must still require presentation of at least one current government-issued ID with a photo and signature (e.g., Philippine passport, driver’s license, Unified Multi-Purpose ID, etc.).
    • If the signatory cannot produce valid government-issued ID, alternative means of proofing (e.g., credible witnesses known to the notary) are possible, but must strictly follow the 2004 Rules on Notarial Practice and the interim guidelines.

  5. Document Transmission

    • The rules envision that the principal(s) will transmit a digital copy of the signed paper document (signed in ink by the principal) to the notary public for inspection via email or another secure means, so that the notary may visually inspect the same.
    • After confirming the authenticity, the principal may send the original paper document to the notary public through courier or similar service for the final application of the notarial seal and signature.

  6. Execution of the Document

    • The signatory signs the paper document in view of the notary public during the A/V session, so the notary can see that the signature is indeed affixed.
    • Once the session is finished, the signatory sends the physically signed document to the notary, who then affixes the notarial seal and signature—also physically—on the document.

B. Duties and Responsibilities of the Notary Public

  1. Maintain Integrity of the Process

    • Strictly observe the same standards of diligence, impartiality, and confidentiality as required under the 2004 Rules on Notarial Practice.
    • Ensure the A/V technology is adequate and that the signatory’s identity and willingness are accurately determined.

  2. Journal / Register Entry

    • The notary must make the appropriate entries in the notarial register, indicating that the notarization was performed through remote means.
    • Additionally, notaries are to note details such as the date and time of the remote session, the names of persons present, the type of ID(s) presented, the reason for remote notarization, and any relevant reference to the A/V recording.

  3. Safekeeping of Records

    • The notary must safeguard the recorded A/V session, the digital copies of the documents transmitted, and the notarial register consistent with the 2004 Rules and any additional guidelines set forth by the Supreme Court.
    • Proper security measures, such as encrypted storage, are necessary to prevent unauthorized access or tampering.

  4. Refusal to Notarize

    • As in the 2004 Rules, the notary may refuse to notarize if the mandatory requirements (e.g., valid identification, voluntariness, mental competence) are not satisfactorily met or if the notary suspects fraud, coercion, or undue influence.

V. LEGAL EFFECT AND LIMITATIONS

  1. Validity of Remotely Notarized Documents

    • So long as the procedure is faithfully followed, a document remotely notarized under the 2020 Interim Rules is accorded the same presumption of regularity and authenticity as one notarized under the traditional, in-person process.

  2. Admissibility in Evidence

    • Courts in the Philippines should admit remotely notarized documents as evidence, subject to the usual rules on authenticity, relevancy, and materiality.

  3. Limitations

    • Certain critical transactions, especially those involving substantial real property transfers or estate planning instruments, might present additional complexities. The 2020 Interim Rules do not categorically exclude such documents, but notaries must be exceptionally careful in verifying the capacity and consent of the parties.
    • Because these are interim measures, they may be restricted or expanded by future administrative or legislative action.

  4. Expiration of the Interim Rules

    • The Supreme Court issued these rules on an interim basis. The Court may rescind them entirely, revise them, or incorporate them permanently into the 2004 Rules on Notarial Practice (or their successor rules). Practitioners must keep updated with any formal issuances from the Court.

VI. ETHICAL CONSIDERATIONS

  1. Canon VI (Accountability) and the 2004 Rules on Notarial Practice

    • Canon VI in legal ethics emphasizes a lawyer’s accountability in upholding the integrity of the profession, including notarial services. The notary public acts as an officer of the court and must ensure that the remote notarization process does not degrade the reliability of the notarization.
    • The requirements for personal appearance, verification of identity, and completeness of notarial records are ultimately anchored in the protection of the public from fraud and malpractice.

  2. Risk Management

    • Because technology can be subject to hacking, identity theft, and other forms of cyber fraud, notaries using remote notarization methods must take heightened precautions.
    • Failure to maintain rigorous standards of due diligence in identity proofing or to protect the confidentiality of audiovisual recordings could result in administrative or criminal liability under existing laws.

  3. Good Faith Reliance on Technology

    • Notaries should reasonably rely on stable A/V technology and robust identity-proofing measures, but remain vigilant and maintain a healthy degree of professional skepticism when circumstances or “red flags” warrant further investigation.

VII. BEST PRACTICES AND PRACTICAL TIPS

  1. Obtain Reliable A/V Platforms

    • Use encrypted, reputable conferencing solutions that allow clear video and audio transmissions.
    • Have backup or redundant systems in place to avoid technical disruptions.

  2. Systematic Record-Keeping

    • Organize all recordings, digital copies, courier receipts, and any written communications connected to each remote notarization.
    • Label and index these materials in a manner consistent with your notarial register entries.

  3. Advance Guidance to Clients

    • Before scheduling the remote session, provide clients with written instructions:
      • The type of identification needed;
      • How to sign the document on camera;
      • How to courier the original paper document to the notary;
      • How they can obtain the final notarized copy.

  4. Consult with Colleagues and/or the Supreme Court Circulars

    • Because the Remote Notarization Rules are interim and may be subject to change, keep track of updates from the Supreme Court, the Integrated Bar of the Philippines (IBP), and relevant agencies.
    • Networking with colleagues who have experience in remote notarizations can help clarify ambiguities and share lessons learned.

VIII. CONCLUSION

The 2020 Interim Rules on Remote Notarization of Paper Documents mark a significant, albeit provisional, modernization of notarial practice in the Philippines. By allowing remote notarization under stringent safeguards, the Supreme Court has responded to the practical needs for document execution and authentication during extraordinary times (and possibly for the future).

However, remote notarization demands a greater degree of technological capacity, rigorous identity proofing, and meticulous record-keeping to preserve the sanctity of the notarial act. Notaries public, as officers of the court, must ensure the reliability of the process at every step, strictly adhering to the guidelines to avoid invalidation of notarized documents or professional sanctions.

In sum, the 2020 Interim Rules reflect the Philippine judiciary’s efforts to adapt notarial practice to the evolving realities of modern life, balancing convenience with the unwavering need for authenticity and integrity in legal documents.

Disclaimer: This summary is intended for general informational purposes only and does not constitute legal advice. For any particular situation or additional clarifications, it is best to consult an attorney or refer directly to the official text of A.M. No. 20-07-04-SC, the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), Supreme Court circulars, and other relevant issuances.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Sanctions that may be imposed | The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

Below is a comprehensive discussion of the sanctions that may be imposed under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) in the Philippines. This write-up focuses on the key provisions and principles governing the accountability of notaries public and the attendant penalties for violations of the Rules. Citations to specific sections are based on the structure of the 2004 Rules on Notarial Practice.

I. OVERVIEW OF THE 2004 RULES ON NOTARIAL PRACTICE

  1. Purpose and Coverage

    • The 2004 Rules on Notarial Practice, which took effect on August 1, 2004, were promulgated by the Supreme Court to standardize, modernize, and professionalize notarial practice in the Philippines.
    • These Rules set forth qualifications and disqualifications for notaries public, procedural requirements for commissioning, duties and responsibilities in performing notarial acts, and a disciplinary framework for violations.

  2. Governing Authorities

    • The Supreme Court has plenary authority to regulate and discipline lawyers, including lawyer-notaries.
    • The Executive Judge of the Regional Trial Court with territorial jurisdiction over the place where the notary public holds office is primarily responsible for commissioning notaries public, overseeing compliance, and imposing certain administrative sanctions.

II. NOTARIAL MISCONDUCT AND GROUNDS FOR DISCIPLINE

A notary public may be subjected to sanctions when he or she:

  1. Fails to comply with the mandatory requirements of the 2004 Rules on Notarial Practice (e.g., presence of the signatory, proper verification of identity, correct recording in the notarial register, use of proper seal, etc.).
  2. Commits dishonesty or deceit in the performance of a notarial act.
  3. Performs or certifies a notarial act in a manner that is prohibited or beyond the scope of one’s authority.
  4. Violates the Lawyer’s Oath or the Code of Professional Responsibility, if the notary is a lawyer.
  5. Engages in acts that reflect moral turpitude or undermine public confidence in the integrity of the notary public’s office.
  6. Violates the conditions of the commission (e.g., changing official address without proper notice, failing to file reports, etc.).

Note that the Supreme Court has emphasized that notarial practice is a privilege granted only to qualified lawyers (except in exceptional provinces or circumstances allowed by law) and is strictly regulated to protect the integrity and authenticity of notarized documents.

III. KINDS OF SANCTIONS UNDER THE 2004 RULES ON NOTARIAL PRACTICE

The 2004 Rules on Notarial Practice (particularly found in Rule XI: Sanctions) spell out several possible penalties for violations:

1. Revocation of Commission and Disqualification

  • Section 1, Rule XI provides that the Executive Judge may, upon verified complaint and after summary hearing, revoke a notarial commission for any ground on which an application for a commission might be denied.
  • The Executive Judge may also declare a person permanently disqualified from being commissioned as a notary public if the person is found guilty of notarial misconduct.
  • Grounds for denial of an application for commission (and, by extension, grounds for revocation or disqualification) include:
    • Conviction of a crime involving moral turpitude;
    • Revocation of a prior notarial commission or administrative conviction for notarial misconduct;
    • Falsification or fraudulent conduct in one’s application or performance of notarial duties;
    • Non-compliance with any of the qualifications required under the Rules (e.g., not an active member of the Philippine Bar in good standing, if applying as lawyer-notary).

2. Administrative Sanctions (Suspension, Disbarment, Fine)

  • Section 2, Rule XI addresses additional administrative sanctions on the lawyer-notary:
    1. Suspension from the practice of law – A lawyer can be suspended by the Supreme Court if found guilty of gross misconduct in notarial practice. The length of suspension varies depending on the gravity of the offense, prior disciplinary records, and the surrounding circumstances.
    2. Disbarment – In severe cases (e.g., repeated violations, evident fraud, or acts involving moral turpitude), the Supreme Court may impose disbarment, effectively removing the erring lawyer from the Roll of Attorneys.
    3. Fine – The court or the Executive Judge may impose a monetary penalty in addition to, or in lieu of, other sanctions if warranted by the nature of the offense.

Because the notary public (if a lawyer) is under the Supreme Court’s disciplinary authority, any confirmed violation of the Notarial Rules may be a ground for disciplinary action under the Code of Professional Responsibility. Non-lawyers, in rare instances where allowed to perform notarial acts (e.g., notaries in remote provinces under old laws, though these exceptions are now practically moot or highly limited), may also face administrative penalties and disqualification.

3. Criminal Liability

  • Section 3, Rule XI makes it clear that the imposition of administrative or disciplinary sanctions under the 2004 Rules does not preclude the filing of criminal charges when the notary public’s actions also constitute criminal offenses. Examples include:
    • Falsification of public documents (Article 171, Revised Penal Code);
    • Perjury or other acts of fraud;
    • Use of a notarial seal without authority, if a commission has expired or been revoked.

If found guilty in a criminal proceeding, the erring notary public may face imprisonment, fines, or both, separate from any administrative or disciplinary penalty.

IV. PROCEDURE FOR IMPOSING SANCTIONS

  1. Filing of a Complaint

    • A complaint against a notary public (in many cases, also a lawyer) may be filed with the Executive Judge who commissioned the notary, or directly with the Supreme Court (as an administrative complaint in the case of lawyer-notaries).
    • The complaint must typically be verified and supported by substantial evidence, including documents or affidavits of witnesses attesting to the alleged misconduct.

  2. Summary Hearing

    • The 2004 Rules allow for a summary procedure to investigate alleged notarial misconduct, especially when it involves straightforward documentary examination (e.g., whether the notarial register was properly maintained, whether the signatories personally appeared, etc.).
    • The notary public is given an opportunity to respond in writing and, if necessary, appear before the Executive Judge.

  3. Decision and Penalty

    • After the investigation or hearing, the Executive Judge may issue a resolution or order recommending the revocation of the notarial commission, suspension, or other sanctions.
    • For more serious sanctions (e.g., disbarment), the matter is typically elevated to the Supreme Court for final action.

  4. Effect of a Revocation/Suspension Order

    • Once the notarial commission is revoked or suspended, the notary public must immediately cease performing notarial acts.
    • Continued notarization despite revocation or suspension of the commission may expose the person to further administrative, civil, or criminal liability.

V. EFFECT ON THE VALIDITY OF NOTARIAL ACTS

  • As a rule, a notarial act performed by a person not lawfully commissioned at the time of notarization is void and cannot be accorded the legal presumption of regularity that ordinarily attaches to duly notarized documents.
  • This has serious implications for documents that rely on notarization for their validity (e.g., wills, deeds of sale, affidavits). A document improperly notarized may be treated as an unnotarized private instrument and thus lose any public document status or evidentiary weight.

VI. RELEVANT JURISPRUDENCE

The Supreme Court has repeatedly issued warnings and imposed penalties on notaries public (who are also lawyers) for failure to comply with the 2004 Rules on Notarial Practice. Several illustrative points from jurisprudence:

  1. Strict Observance – The Court consistently holds that the 2004 Rules are mandatory, not merely directory, emphasizing the trust reposed in notaries public to guard against fraud.
  2. Enhancement of Public Confidence – Notarization converts a private document into a public one, impressing it with public interest. The Court thus imposes stiff penalties on notaries who fail to observe proper procedure, as it undermines the integrity of public documents.
  3. No Excuses for Non-Compliance – Even if no actual harm results from the procedural lapse, the Supreme Court may still suspend or disbar the notary if the breach reveals a disregard for professional duties.

VII. KEY TAKEAWAYS

  1. Range of Penalties – An erring notary public may face revocation of commission, suspension, fine, disbarment (if a lawyer), permanent disqualification from future commissioning, and even criminal prosecution in egregious cases.
  2. Accountability and Integrity – The 2004 Rules place a high premium on the integrity of notarial acts, thus demanding strict compliance with guidelines for verifying the identities of parties, maintaining proper records, and ensuring personal appearance.
  3. Administrative and Criminal Overlap – Administrative sanctions for violations of the 2004 Rules do not foreclose criminal proceedings if the same act constitutes a criminal offense under the law.
  4. Essential Role of Executive Judge – The Executive Judge is at the forefront of commissioning, monitoring, and imposing initial administrative sanctions on notaries public. Serious or repeated violations typically reach the Supreme Court.
  5. Impact on Legal Practice – For lawyers, a violation of notarial rules almost always triggers an investigation under the Code of Professional Responsibility, potentially leading to suspension or disbarment depending on the seriousness of the transgression.

VIII. CONCLUSION

The sanctions provided by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) underscore the Supreme Court’s commitment to preserving the sanctity and reliability of notarized documents. Revocation of commission, suspension or disbarment, fines, permanent disqualification, and even criminal liability are all possible consequences of non-compliance. Given the essential public function that notarization serves, notaries public must adhere strictly to the Rules, observe ethical and legal standards, and remain mindful that any breach can lead to severe penalties aimed at upholding the integrity of the notarial system in the Philippines.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Competent Evidence of Identity | The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

DISCLAIMER: The following discussion is a general overview of the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) in the Philippines, focusing on “Competent Evidence of Identity.” It is intended for informational purposes only and should not be construed as legal advice. For specific questions or legal concerns, always consult a qualified attorney.

I. Introduction

The 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) were promulgated by the Philippine Supreme Court to professionalize notarial practice, protect the public, and ensure the integrity of notarized documents. One pivotal requirement under these Rules is the presentation of Competent Evidence of Identity. This requirement helps confirm the identity of parties who sign documents under notarization, mitigating the risk of fraud and protecting the authenticity and enforceability of notarized instruments.

II. Legal Basis

The primary provision on “Competent Evidence of Identity” is found in Rule II, Section 12 of the 2004 Rules on Notarial Practice. This section defines what constitutes competent evidence of identity and prescribes the method by which a notary public must verify the identity of a person seeking to have his or her signature notarized.

Relevant Provision: Rule II, Section 12

Section 12. Competent Evidence of Identity. – The phrase "competent evidence of identity" 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; or
(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.

III. Purpose and Rationale

  1. Prevent Fraud and Identity Theft: By requiring valid, government-issued identification (or the credible oath of witnesses), the Rules aim to discourage impersonation and ensure that the person executing or acknowledging the document is indeed the same person whose name appears on the instrument.

  2. Preservation of the Integrity of Notarized Documents: A notarized document carries a presumption of regularity and authenticity. Competent Evidence of Identity reinforces that presumption by placing a stringent identification requirement on signatories.

  3. Accountability for Notaries Public: Notaries have a quasi-judicial function. They are expected to exercise due diligence in verifying a signer’s identity. This maintains public trust in notarized instruments and protects the public interest.

IV. Components of Competent Evidence of Identity

A. Identification Documents (IDs)

Under Section 12(a), one of the main sources of “competent evidence of identity” is a current identification document issued by an official government agency and bearing both:

  1. The photograph of the individual; and
  2. The signature of the individual.

1. Examples of Acceptable IDs

  • Philippine Passport
  • Driver’s License
  • Professional Regulation Commission (PRC) ID
  • Unified Multi-Purpose ID (UMID)
  • Social Security System (SSS) ID
  • Government Service Insurance System (GSIS) e-Card
  • Commission on Elections (COMELEC) Voter’s ID (if it bears photo and signature)
  • Alien Certificate of Registration (ACR) I-Card (for foreigners)
  • Overseas Workers Welfare Administration (OWWA) ID (if it bears photo and signature)
  • Other government-issued IDs with photo and signature

A notary public must ensure that the ID is current (not expired) and authentic. If there is any doubt about the validity, authenticity, or sufficiency of an ID presented, the notary public may refuse to notarize.

2. Expired IDs

Generally, expired IDs are not considered “competent evidence of identity” because they fail the requirement of being “current.” A notary public should not accept identification documents that are invalid or expired.

B. Credible Witnesses

Under Section 12(b), if the individual does not have the prescribed government-issued ID, there may still be compliance through the oath or affirmation of credible witnesses who can attest to the signer’s identity. This must be done carefully to meet the requirements:

  1. When Only One Credible Witness Is Needed

    • The single credible witness must personally know the individual signing and must also be personally known to the notary public.
    • The witness must not be a party to or have an interest in the document or transaction (i.e., not a party to the instrument, not a beneficiary or an affiant in the same instrument).

  2. When Two Credible Witnesses Are Needed

    • If the credible witness is not personally known to the notary public, two credible witnesses who both personally know the individual are required.
    • Each witness must present “competent evidence of identity” (e.g., valid government-issued photo ID) to the notary public, so the notary can verify their own identities.
    • Neither witness can be a party to or have an interest in the instrument.

  3. Credible Witness’ Oath or Affirmation

    • The witness must execute an oath or affirmation before the notary public, affirming that the person signing is the same individual known to them.
    • The notary then records the details of the witnesses in the notarial register (e.g., name, address, type of ID, ID number, and any other pertinent details).

V. Notary’s Duty of Diligence

  1. Physical Presence Requirement
    The notary public must require the personal appearance of the signatory (or principal) at the time of notarization. The Rules strictly prohibit notarizing if the individual is not physically present, regardless of the form of identification or the presence of credible witnesses.

  2. Verification and Record-Keeping

    • The notary public must inspect and verify the ID presented.
    • The notary public must record in the notarial register the details of the ID or the details of the credible witnesses.
    • If at any time the notary suspects the validity of the ID or the identity of the signatory, the notary must refuse to notarize.

  3. Refusal to Notarize
    Under the Rules, a notary public is entitled—and in fact obligated—to refuse to notarize if the signatory cannot produce competent evidence of identity or if the notary is not satisfied with the authenticity of the documents or the credibility of the witnesses.

VI. Consequences of Non-Compliance

  1. Administrative Liability
    A notary public who notarizes a document without requiring competent evidence of identity can face administrative sanctions, including suspension, revocation of notarial commission, or disqualification from appointment as a notary public.

  2. Civil Liability
    If a person is harmed by a notary’s negligence or failure to properly identify the signatory, the notary may be held civilly liable for damages.

  3. Criminal Liability
    In cases of fraud, forgery, or falsification of public documents, the notary public could face criminal charges if it is proven that they knowingly participated or were grossly negligent in verifying identity.

  4. Nullity or Invalidity of the Document
    In some instances, a notarized document that is shown to have been improperly acknowledged (e.g., the notary did not see the signer personally appear or did not verify identity correctly) can be treated as an unnotarized document. This can invalidate or diminish the legal effects usually accorded to duly notarized instruments.

VII. Practical Considerations and Best Practices

  1. Always Require Physical Presence
    The signatory must always be physically present. Online or remote notarization is subject to special issuance by the Supreme Court (e.g., temporary pilot programs during emergencies); otherwise, the baseline rule is personal appearance.

  2. Examine the ID Thoroughly
    Look for signs of tampering or falsification. Match the photograph with the physical attributes of the signer. Compare signatures. A notary should be attentive to any discrepancies.

  3. Maintain a Detailed Notarial Register

    • Record the signatory’s details exactly as they appear on the ID.
    • Record the date of issuance and expiration date of the ID, if present.
    • If using credible witnesses, record their complete details and the type of ID they present.

  4. Keep Copies if Necessary
    While the Rules do not require a notary public to keep photocopies of IDs, some notaries do so as a precaution. If you do keep copies, be mindful of data privacy laws and ensure such copies are properly stored or disposed of.

  5. Exercise Independent Judgment
    A notary should refuse if not satisfied that the ID is genuine or that the person is who they claim to be. Notarization is a public office, and the notary’s primary duty is to the public, not to the individual who seeks notarization.

VIII. Summary

  • Competent Evidence of Identity is indispensable under the 2004 Rules on Notarial Practice for every notarial act.
  • It usually takes the form of a current government-issued ID that has the signatory’s photo and signature.
  • Alternatively, it can be established via the sworn statements of credible witnesses who satisfy the strict criteria laid out in the Rules.
  • The notary public must be diligent in requiring this evidence, accurately recording it, and refusing notarization if the signer’s identity is in doubt.
  • Failure to comply with these requirements can result in significant administrative, civil, or even criminal liability for the notary and may undermine the validity of the notarized document.

Final Note

Competent Evidence of Identity lies at the heart of secure and credible notarization. By adhering to the 2004 Rules on Notarial Practice, notaries public uphold the law, protect the public from fraud, and preserve the integrity of notarized documents—thus fulfilling their vital role in the Philippine legal system.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Jurisdiction of Notary Public and Place of Notarization | The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

Below is a meticulous, straightforward discussion of the provisions and principles governing the jurisdiction of a notary public and the place of notarization under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), in relation to the notary’s accountability and ethical responsibilities. While this is as comprehensive as possible, always refer to the exact text of the 2004 Rules on Notarial Practice, Supreme Court issuances, and any relevant jurisprudence for precise guidance.

1. Overview: The Notarial Commission Under the 2004 Rules on Notarial Practice

  1. Commissioning Authority

    • A notarial commission is issued by the Executive Judge of the Regional Trial Court (RTC) in the province or city where the applicant for commission principally holds office.
    • The commission is valid for two (2) years from the date of its issuance unless revoked or the notary resigns earlier.

  2. Scope of Authority

    • Under the 2004 Rules on Notarial Practice, a notary public is authorized to perform notarial acts only within the territorial jurisdiction of the court that granted the notarial commission.
    • Practically, if you are commissioned by the Executive Judge of the RTC of, say, Manila, you can only perform valid notarial acts within the city of Manila.
    • Performing or offering to perform notarial acts outside the territory for which the commission was issued is a ground for disciplinary action and invalidates the notarial act.

  3. Place of Business and Office Address

    • The 2004 Rules require that an applicant for a notarial commission must specify a principal place of business in the city or province where the commission is sought.
    • This office address is crucial because it not only affirms the nexus of the notary public to the locality but also provides the location of the notarial records for public inspection.

2. Territorial Jurisdiction of a Notary Public

  1. General Rule

    • A notary public’s authority to notarize is strictly confined to the geographical boundaries of the city or province where he or she is commissioned.
    • The notarial certificate must clearly indicate the city or province where the notary public is commissioned and where the notarial act actually took place.

  2. Invalid Notarial Acts Outside Jurisdiction

    • When a notary public performs a notarial act outside the place of commission, that act is considered void for lack of authority.
    • This could lead to administrative and disciplinary sanctions—possibly including revocation of the notarial commission, suspension from the practice of law (if the notary is a lawyer), and/or a fine.

  3. Notary’s Personal Accountability

    • Under Canon VI of the Code of Professional Responsibility (accountability) and under the 2004 Rules, the notary public is expected to act strictly within the bounds of the law. Acting beyond the territorial jurisdiction granted by the commission is tantamount to professional misconduct.

3. The Place of Notarization: Practical and Legal Requirements

  1. Physical Presence and Venue

    • The signatory (principal) must personally appear before the notary public within the territorial jurisdiction of the commission.
    • The place of notarization must be the same city or province where the notary is commissioned, typically at the notary’s office or other permissible venue within the territory (e.g., a courtroom, law office, or another acceptable public place within that area).

  2. Indication of Place in the Notarial Certificate

    • Every notarized document must state in the acknowledgment or jurat the place where the notarization occurred, typically phrased as:

      “SUBSCRIBED AND SWORN TO before me in the City of [City], this [date] …”

    • This ensures clarity that the notary performed the act within the bounds of his or her commission.

  3. Prohibition Against “Mobile Notarization” Outside the Commission Area

    • While traveling to a client’s location within the commissioning territory (e.g., within the same city or province) may be allowed, a notary public cannot cross into another municipality or province to perform the notarial act. Doing so invalidates the notarization and subjects the notary to penalty.

  4. Exceptions or Special Arrangements

    • Strictly speaking, under the 2004 Rules, no exception allows a notary to notarize outside his or her commission’s jurisdiction.
    • If an urgent situation requires notarization in another city or province, the signatory should seek a duly commissioned notary in that other locality, or the notary must apply for (and be granted) a separate commission in that jurisdiction—if legally permissible—before performing any acts there.

4. Administrative and Ethical Implications

  1. Grounds for Disciplinary Action

    • If a notary public notarizes documents outside the territorial limits of the commission, it is a ground for (a) revocation of the notarial commission, (b) disqualification from reappointment, (c) suspension from the practice of law if the notary is a lawyer, and/or (d) fine.
    • The Supreme Court has consistently held lawyers and notaries to a high standard of ethical accountability because notarial acts carry the presumption of regularity and authenticity crucial in legal transactions.

  2. Duty of Diligence and Verification

    • Aside from territorial concerns, the notary public must also ensure that all other requirements of notarization are met (e.g., personal appearance of the signatory, verification of identity through competent evidence of identity, completeness of the notarial certificate, correct entries in the notarial register, etc.).
    • Failing to observe these can also lead to penalties under Canon VI (accountability) and other relevant provisions of law.

  3. Importance of the Notarial Register

    • The notarial register must accurately reflect where (and when) each notarization occurred, the details of the signer’s identification, and other relevant data. This register is subject to inspection by the Supreme Court or other authorized entities.

5. Consequences of Invalid Notarization

  1. Documentary Consequences

    • A document purportedly notarized outside the notary’s jurisdiction is not considered validly notarized. As a result, the document may not enjoy the “public document” status or the evidentiary weight that a notarized document typically carries under Philippine law.
    • If the document is used in court or for other official purposes, its probative value can be challenged or outright rejected.

  2. Possible Civil or Criminal Liability

    • Where a party relies on a defective notarization to his or her detriment, the notary public could face possible civil liability.
    • In more egregious cases (e.g., forgery, fraud), criminal charges may also be considered.

6. Best Practices to Ensure Compliance

  1. Keep an Updated Commission

    • The notary public must regularly renew his or her commission with the Executive Judge having jurisdiction and ensure that the commission has not expired.

  2. Maintain Clear Records

    • Always note the exact location of notarization in the notarial register and in the acknowledgment or jurat clause.
    • Store records properly, as the notarial register and seal are subject to inspection and audit.

  3. Decline Notarizations Outside Jurisdiction

    • If a client requests notarial services outside the city or province of the notary’s commission, the prudent and ethical action is to refuse and advise the client to find a notary public with the proper commission in that area.

  4. Strictly Observe the Rules on Personal Appearance

    • Ensure every signatory appears in person and that all identification and documentary requirements are met. This complements the requirement that the notarization take place in the area of commission.

  5. Stay Informed of Updates

    • The Supreme Court may issue new guidelines or clarifications. Regularly check for circulars, bar matters, or administrative issuances relating to the notarial practice.

7. Key References from the 2004 Rules on Notarial Practice

  • Rule II, Section 2 (Qualifications for Commission and Territorial Jurisdiction)
  • Rule III (Form and Content of Notarial Certificates)
  • Rule IV (Powers and Limitations of Notaries Public)
  • Rule V (Notarial Register)
  • Rule XI (Sanctions and Penalties)

These provisions, read together, lay out the who, what, where, how, and when of notarial acts, with specific emphasis on the jurisdiction of the notary public and the place where notarization must occur.

8. Summary

  1. A notary public’s authority to perform notarial acts is strictly confined to the city or province for which the notarial commission was issued.
  2. Performing notarial acts beyond this territorial limit is invalid and exposes the notary to administrative, civil, and possibly criminal liabilities.
  3. The place of notarization must be clearly stated in the acknowledgment or jurat and must be within the commissioning jurisdiction.
  4. Adherence to Canon VI of the Code of Professional Responsibility and the 2004 Rules on Notarial Practice ensures the accountability of notaries public, preserving the integrity and reliability of notarized documents in the Philippine legal system.

In conclusion, the 2004 Rules on Notarial Practice underscore the importance of restricting a notary public’s functions to the precise area for which he or she is commissioned. Strict compliance with these rules—and with Canon VI of the Code of Professional Responsibility—upholds public trust in notarized documents and maintains the credibility of the legal profession. When in doubt, always consult the text of the rules and relevant Supreme Court issuances to ensure full compliance.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

The Notarial Register | The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

Below is a comprehensive and meticulous discussion of the Notarial Register under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) in the Philippines, specifically Rule VI thereof. While the overall structure of the 2004 Rules on Notarial Practice contains multiple rules, our focus here is solely on the Notarial Register—its form, content, maintenance, and legal implications.

1. Overview and Legal Basis

Legal Basis. The primary legal authority for the Notarial Register in the Philippines is found in the 2004 Rules on Notarial Practice promulgated by the Supreme Court via A.M. No. 02-8-13-SC, which took effect on August 1, 2004. These rules govern the commissioning of notaries public and the performance of notarial acts, including the requirement to keep and maintain a Notarial Register.

Importance. The Notarial Register is an official record of all notarial acts performed by a notary public. It safeguards the authenticity of notarial acts, ensures accountability, and provides an evidentiary reference in case of questions regarding the due execution of documents.

2. Form and Content of the Notarial Register

2.1. Form of the Register

  1. Bound Book

    • Under the 2004 Rules on Notarial Practice, the Notarial Register must be a bound book (or any appropriate device authorized by the Supreme Court) with consecutive page numbers. This requirement ensures the register is secure from tampering or unauthorized alteration.

  2. Single Active Register

    • A commissioned notary public is required to maintain only one active notarial register at any given time. Once the pages of the active register are completely used, the notary may start a new register.

  3. Non-erasable Entries

    • All entries must be made in non-erasable ink or by a secure printing method if the register is kept electronically under specific guidelines. The aim is to preserve the integrity of the register and avoid potential alterations.

2.2. Mandatory Entries

When performing a notarial act, a notary public must record the following details in the Notarial Register at the time of notarization (or immediately thereafter, without delay):

  1. Entry Number

    • Each notarial act must be recorded in sequential order, with each entry bearing a unique and consecutive number.

  2. Date and Time of Notarization

    • Indicate the exact date and time the notarial act was performed.

  3. Type of Notarial Act

    • Specify whether the act is:
      • Acknowledgment
      • Jurat
      • Oath or Affirmation
      • Certified True Copy
      • Signature Witnessing
      • Any other act authorized under the Rules

  4. Title or Description of the Instrument or Document

    • Provide a concise but clear title or description of the document being notarized. Example: “Deed of Absolute Sale,” “Affidavit of Loss,” etc.

  5. Name and Address of Each Principal (Signatory)

    • List the full names and corresponding addresses of the parties appearing before the notary.

  6. Competent Evidence of Identity

    • Under the 2004 Rules, the notary must indicate what form of competent evidence of identity was presented (government-issued ID, passport, driver’s license, etc.), including the ID number, date of issuance, and issuing agency.
    • If identity was established through the personal knowledge of the notary public (a possibility under certain conditions), that fact must also be recorded.

  7. Signature and Thumbprint of the Principal

    • The principal (or principals) must sign on the notarial register and affix their thumbprint. This is crucial for verification purposes and prevents identity fraud.

  8. Any Special Remarks

    • The notary may note any special circumstances (e.g., if a translator was used; if the signatory is physically unable to sign and uses a mark instead; or if the document was executed through a special power of attorney).

  9. Name and Address of Witnesses (if required)

    • In cases where witnesses are required for the execution of certain documents (e.g., last will and testament, or other instruments requiring witnesses), their names and addresses should also appear.

3. Special Rules or Considerations

3.1. Entries for Corporations or Entities

When the person appearing before the notary is acting on behalf of a corporation, partnership, or juridical entity, Section 4 of Rule VI generally requires:

  • The identity of the representative, established by the notary in the manner prescribed by law (competent evidence of identity).
  • The position or title of the representative, showing the authority to sign on behalf of the entity.
  • A reference to the Board Resolution or Secretary’s Certificate (if presented as proof of authority) may be included in the remarks.

3.2. Notarial Register for Special Records

Section 5 provides that certain records (e.g., protests in mercantile law) may have additional or different details required. The notary must keep a separate entry for each official protest, including the description of the instrument protested and the reasons therefor.

4. Retention, Custody, and Disposal of the Notarial Register

4.1. Period of Retention

Under Section 6 of Rule VI, notaries public must safely keep their Notarial Register for a minimum of five (5) years after the last entry is made. This retention period serves as a safeguard for the public and courts that might need to verify notarial acts that occurred in the past.

4.2. Responsibility and Custody

  • Personal Custody: The notary public is personally responsible for the custody of the register and all documents or copies relating to notarized acts.
  • No Authorized Destruction: Destruction, concealment, or defacement of the Notarial Register is strictly prohibited.

4.3. Inspection, Copying, and Disposal

  1. Inspection

    • Section 7 of Rule VI states that the notarial register may be inspected by a competent authority or by any interested person seeking a certified copy of a notarial record (upon payment of the fees and showing of good cause).
    • This is typically done upon request and with the notary public or an authorized clerk present.

  2. Copies of Entries

    • Upon a lawful request, the notary must issue certified true copies of any entries or documents in the Notarial Register.

  3. Surrender or Transfer

    • If a notary public ceases to perform notarial functions (due to resignation, death, expiration of commission, or revocation), the notary or their estate (in case of death) shall turn over the Notarial Register and records to the Office of the Clerk of Court or as directed by the rules within the timeframe specified (generally 30 days from cessation of notarial functions).

4.4. Reporting a Lost or Damaged Register

  • Section 8 of Rule VI requires immediate reporting to the Executive Judge or the appropriate official if the Notarial Register is lost, stolen, destroyed, damaged, or otherwise rendered unusable.
  • The report must detail the circumstances of the loss or damage and, if possible, be accompanied by evidence (e.g., police report, affidavit).

5. Liabilities and Sanctions

5.1. Administrative and Disciplinary Action

Failure to keep, maintain, or properly record entries in the Notarial Register can lead to:

  1. Administrative Penalties

    • The Supreme Court, through its disciplinary authority, may suspend or revoke the commission of a notary public for failure to comply with the rules on maintaining the Notarial Register.
    • Additional penalties include fines and possible disqualification from reappointment.

  2. Criminal and Civil Liabilities

    • Falsification of a public document: The Notarial Register is considered a public document. Any false statements or fraudulent entries can expose the notary to criminal prosecution under the Revised Penal Code.
    • Civil Liability: The notary may also be held liable in civil damages to any person who suffers harm by reason of irregularities or falsifications in the notarial act.

5.2. Relevance to Legal Ethics

  • The notary public’s role is crucial in upholding the integrity of legal documents. The Notarial Register is a reflection of the notary’s compliance with Canon VI of the Code of Professional Responsibility and the ethical duty to maintain accurate records, remain accountable, and avoid any appearance of impropriety.

6. Best Practices for Notaries Public

  1. Immediate Recording

    • Always record the relevant details immediately after performing a notarial act. Delays can lead to omissions or inaccuracies.

  2. Proper Verification of Identities

    • Ensure that every principal has provided the correct competent evidence of identity and record such details meticulously.

  3. Preservation and Security

    • Keep the Notarial Register in a secure location (locked office file cabinet or vault).
    • Regularly scan or backup (if the rules in the jurisdiction allow electronic duplication) to prevent data loss.

  4. Timely Submission of Copies

    • Some jurisdictions or local offices of the Clerk of Court require periodic submissions (e.g., monthly or quarterly). Comply promptly to avoid penalties.

  5. Strict Compliance with Thumbprinting

    • The principal’s thumbprint is mandatory for acknowledgments and jurats. Have a reliable and clean thumbprinting mechanism (ink pad) on hand.

  6. Avoid Loose Pages

    • As the Notarial Register must be a bound book, refrain from using stapled or loose-leaf pages unless authorized by the Supreme Court’s implementing guidelines for electronic registers.

7. Practical Implications and Conclusion

  • The Notarial Register is the cornerstone of a notary public’s accountability. Its thorough and accurate maintenance provides:

    • Proof of due execution of documents.
    • Public trust in the authenticity and legality of notarized acts.
    • Legal protection for both notaries and the parties who rely on the finality of notarized documents.

  • Compliance with these rules demonstrates not only adherence to technical requirements but also fidelity to the high ethical and professional standards expected of lawyers and notaries in the Philippines. Any deviation undermines the evidentiary and public-service role of notarization.

By diligently observing the rules governing the Notarial Register, notaries public affirm the integrity of the notarial act as an indispensable part of the Philippine legal system and uphold their duties under Canon VI (Accountability) of the Code of Professional Responsibility.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Powers and Limitations | The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

Below is a comprehensive discussion of the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) as they pertain specifically to the powers and limitations of a notary public in the Philippines. This discussion is organized to give you a clear, meticulous, and in-depth understanding of a notary public’s authority, responsibilities, and ethical constraints under the Rules.

I. INTRODUCTION

The 2004 Rules on Notarial Practice (hereafter, “the Rules”) took effect on August 1, 2004. They were promulgated by the Supreme Court to:

  1. Professionalize the notarial practice.
  2. Enhance the evidentiary value of notarized documents.
  3. Protect the public by requiring stricter qualifications, clearer standards of notarial conduct, and stricter enforcement mechanisms.

These Rules outline the duties, powers, and limitations of notaries public in line with the Supreme Court’s supervisory power over the legal profession. Notarization is not merely a “rubber-stamp” activity; it is imbued with public interest. Thus, a notary public is expected to uphold the integrity of legal documents and to maintain the highest standard of care, diligence, and ethical conduct.

II. DEFINITION OF TERMS

A few critical terms, as used in the Rules, help frame the powers and limitations of notaries public:

  1. Notarial Act – Any act that a notary public is empowered to perform under the Rules, such as acknowledgments, oaths and affirmations, jurats, signature witnessings, copy certifications, and other acts authorized by law.

  2. Notary Public – A person commissioned by the Executive Judge (or as may be provided by the Supreme Court in specific directives) to perform notarial acts. A lawyer in good standing is usually the only person eligible to be commissioned as notary public under the 2004 Rules (save for certain exceptions under special laws).

  3. Commission – The grant of authority to perform notarial acts in a particular jurisdiction for a fixed period.

  4. Competent Evidence of Identity – The means by which a notary public verifies the identity of a person signing or acknowledging a document; includes government-issued IDs with photo and signature or credible witnesses who satisfy the Rules’ requirements.

III. POWERS OF A NOTARY PUBLIC

Under the 2004 Rules on Notarial Practice, once duly commissioned, a notary public may perform the following notarial acts within the territorial jurisdiction where they are commissioned:

  1. Acknowledgments

    • The notary public confirms that the person named in the document appeared in person, is personally known to the notary (or has presented competent evidence of identity), and has represented that the signature on the instrument was voluntarily affixed by them for the purpose stated in the document.

  2. Oaths and Affirmations

    • The notary public administers oaths and affirmations for affidavits, depositions, and other documents requiring sworn statements.

  3. Jurats

    • The notary public certifies that the affiant personally appeared before the notary, was personally known or identified by competent evidence, took an oath or affirmation, and signed the document in the notary’s presence.

  4. Signature Witnessing

    • The notary public witnesses a person sign a document in his or her presence; the notary must verify the identity of the signatory through personal knowledge or competent evidence.

  5. Copy Certifications

    • The notary public may attest to the fact that a reproduction or photocopy is a faithful and accurate copy of an original document that was neither a public record nor publicly available. (Note that certain documents like birth certificates, marriage certificates, property titles, and other official documents are generally certified only by the official custodian of records. Thus, a notary public must be careful about what they are allowed to certify as a true copy.)

  6. Other Acts Authorized by Law

    • Any other acts recognized as notarial under Philippine law (e.g., taking depositions in limited contexts where permissible).

Territorial Reach

  • A notary public can only perform notarial acts within the geographic boundaries of the area for which the notarial commission was issued (typically the city or province). Performing notarial acts outside one’s jurisdiction is a ground for administrative sanction.

IV. LIMITATIONS OF A NOTARY PUBLIC

While the Rules confer significant responsibilities and authority, they also impose strict limitations and conditions on the practice of notaries public, underscoring the public interest nature of notarization:

  1. Personal Appearance Requirement

    • The signatory must personally appear before the notary public at the time of the notarization. Notarizing a document without the personal appearance of the signatory is a grave violation of the Rules and can lead to administrative, civil, or even criminal penalties.

  2. Identification Requirement

    • The notary public must verify the identity of the signatory through:
      • Personal knowledge, or
      • Competent evidence of identity (government-issued IDs with photo and signature, or credible witnesses who themselves present competent evidence of identity and who personally know the signatory).

    Notaries public are prohibited from notarizing if they are not satisfied with the authenticity of the signatory’s identity.

  3. Prohibition Against Interest or Impropriety

    • A notary public must not notarize a document where the notary has a direct financial or beneficial interest. This includes documents in which the notary is a party, one of the signatories, or in any way has a financial stake that compromises impartiality.
    • Notaries public must also avoid notarizing documents of close relatives in a manner that suggests conflict of interest or partiality. Though not an absolute prohibition for every family member under all circumstances, the overarching rule is that a notary’s impartiality must be beyond question.

  4. Scope of Commission (Territorial and Temporal)

    • The notary public can only perform notarial acts within the territorial jurisdiction for which they were commissioned.
    • The commission has a fixed term (traditionally two years from the date of the commission) unless revoked or earlier terminated. The notary public must not perform notarial acts after the expiration of the commission or during any period of suspension.

  5. Maintaining a Notarial Register

    • Every notary public is required to keep and maintain a chronological official notarial register of all notarial acts performed. Each entry must be complete, including:
      • The date and time of the notarial act
      • The type of document notarized
      • The names and addresses of parties
      • Competent evidence of identity or personal knowledge
      • Signatures of the parties
      • Other pertinent details as required by law

    The register must be safeguarded, and the notary public must submit it to the Executive Judge for inspection or safekeeping when required (e.g., at the end of the commission term).

  6. Use of Official Seal and Signature

    • Every commissioned notary public must secure a notarial seal containing the notary’s name, commission number, jurisdiction, and commission expiration date.
    • The official signature and seal must be used strictly in compliance with the Rules:
      • The seal may only be affixed to documents when the notary public has properly verified all notarization requirements.
      • The notarial seal must be kept secure to prevent unauthorized use.
      • It is prohibited to affix the seal or signature in blank documents or incomplete instruments.

  7. Prohibition Against Advertising

    • The Rules prohibit false or misleading advertising regarding one’s notarial services. A notary public must avoid claims or signage that may give the impression of possessing powers, qualifications, or capabilities beyond those authorized by law.

  8. Ethical Conduct and Impartiality

    • Because notarization is a public function, the notary public must act impartially. This means:
      • Refraining from giving legal advice to parties unless the notary is also acting as counsel, in which case full disclosure of the dual role is required, and conflict-of-interest rules apply.
      • Observing confidentiality of any sensitive information that comes to the notary’s knowledge by virtue of the notarial act, except as required by law or lawful order of the court.

  9. No Delegation of Notarial Authority

    • The authority to perform notarial acts is personal to the commissioned notary public and cannot be delegated to any staff, paralegal, or another lawyer without an active commission. The physical presence and direct involvement of the commissioned notary are always required.

V. PENALTIES AND SANCTIONS FOR VIOLATIONS

Violations of the 2004 Rules on Notarial Practice and relevant provisions of the Rules of Court or other statutes can result in:

  1. Administrative Penalties

    • Suspension or revocation of the notarial commission.
    • Disciplinary actions against the notary public as a member of the Bar, which may include suspension or disbarment from the practice of law.

  2. Civil Liability

    • A notary public may be held civilly liable for damages suffered by persons who rely on improperly notarized documents.

  3. Criminal Liability

    • If a notary public knowingly performs false notarizations or engages in fraudulent activities (e.g., forging signatures, falsely certifying personal appearances), such acts may constitute criminal offenses like falsification or perjury.

  4. Contempt of Court

    • The Supreme Court, or any court with jurisdiction, may cite the notary for contempt if the notary fails to comply with subpoenas for the notarial register or otherwise obstructs the administration of justice.

VI. BEST PRACTICES FOR COMPLIANCE

  1. Strictly Verify Identities

    • Insist on personal appearance and review the presented IDs or require credible witnesses to ensure the signatory is who they claim to be.

  2. Diligent Record-Keeping

    • Maintain and safeguard a complete and accurate notarial register. This is crucial for evidentiary purposes and to protect the notary in case of disputes.

  3. Proper Use of Seal

    • Always affix the seal and signature simultaneously, in the presence of the signatory, and only after satisfying all the legal requirements.

  4. Avoid Conflicts of Interest

    • If you have any financial or personal stake in a transaction, or if your impartiality could be questioned, do not notarize the document.

  5. Timely Renewal or Cessation

    • Keep track of the commission expiration date. Immediately cease notarial acts if the commission expires or if you are suspended.

  6. Stay Updated

    • Keep abreast of any amendments to the Rules, Supreme Court issuances, or relevant legislation impacting notarial practice.

VII. CONCLUSION

The 2004 Rules on Notarial Practice underscore the importance of the notary public’s role in safeguarding the integrity of documents and transactions in the Philippines. By setting clear powers and strict limitations, the Supreme Court aims to ensure that notaries:

  • Verify the identities of signatories meticulously,
  • Prevent fraud and misrepresentation, and
  • Maintain an unassailable standard of ethical conduct.

Violations can lead to serious administrative, civil, or criminal consequences. As such, a diligent notary public must continuously observe the highest standards of professionalism and accountability. The integrity of the notarial system is a cornerstone of public trust in documents, transactions, and the broader legal framework.

Disclaimer: This discussion provides a general overview of the key points in the 2004 Rules on Notarial Practice. It does not constitute legal advice tailored to any specific case or scenario. For detailed legal advice or if you have a particular concern regarding notarial acts, consulting with a qualified attorney or seeking guidance from appropriate judicial authorities is always recommended.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Term of Office of a Notary Public | The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

Below is a focused yet comprehensive discussion of the term of office of a notary public in the Philippines under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended. While the central topic is the “Term of Office,” it is best understood in context with the pertinent rules and processes surrounding the notarial commission.

1. Legal Framework

  1. Primary Source: The 2004 Rules on Notarial Practice, promulgated by the Supreme Court through A.M. No. 02-8-13-SC, which took effect on August 1, 2004.

  2. Subsequent Amendments: There have been amendments and clarifications to the original text—most notably in 2008—affecting certain provisions, including the term of office of a notary public.

2. Authority to Appoint a Notary Public

  • Executive Judge’s Power
    Under the 2004 Rules on Notarial Practice, the authority to issue a notarial commission is vested in the Executive Judge of the Regional Trial Court (RTC) of the city or province where the applicant (a lawyer in good standing) seeks to perform notarial acts.

  • Territorial Jurisdiction
    A notarial commission issued by the Executive Judge authorizes the lawyer to perform notarial acts only within the territorial jurisdiction of that RTC (i.e., the city, municipality, or province covered by that court).

3. General Qualifications of a Notary Public

Although not the direct focus, these qualifications explain why the term of office is regulated:

  1. Must be a Member of the Philippine Bar in good standing.
  2. Must have passed the Mandatory Continuing Legal Education (MCLE) requirements, unless exempt.
  3. Must not have been convicted of any crime involving moral turpitude.
  4. Must maintain a regular place of work or business within the area of commission.

4. Term of Office: Original Text vs. Amended Rule

4.1. Original Provision (2004)

When the 2004 Rules on Notarial Practice first took effect, Section 11 (“Term of Office of Notary Public”) provided that:

“Unless earlier revoked or the notary public resigns, a notarial commission shall be in force until the 31st day of December of the year in which the commission was issued. However, a notarial commission may be renewed for another term of two (2) years upon the same requisites and upon compliance with the same procedure herein provided.”

In practice, this meant:

  • The default term was essentially up to one (1) year (often less than 12 months if the commission was issued any time after January).
  • Renewal could be done for a succeeding two-year period, subject to reapplication and compliance with requirements.

Because the wording created some confusion—particularly regarding one-year vs. two-year terms and how/when they should commence—amendatory rules were later promulgated.

4.2. Amended/Clarified Provision (Post-2008)

Subsequent amendments and clarifications introduced a two-year term more explicitly. The Supreme Court’s amended text often appears as follows:

“A notarial commission shall be effective for a period of two (2) years commencing on the first day of January of the year in which it was issued and ending on the 31st day of December of the next year, unless sooner revoked or the notary public resigns.”

There is also an added requirement for the second year of commission, such as:

  • Presenting updated clearances (e.g., Supreme Court, IBP, NBI, local police).
  • Demonstrating that the lawyer remains a member of the Bar in good standing.
  • Paying the notarial fees for the second year.
  • Obtaining a new notarial seal (in some versions of the amendments).

Hence, under the current (amended) rules, the general rule is a two-year term starting January 1 and ending December 31 of the following year. However, always confirm the latest circulars issued by the Supreme Court or your local Executive Judge’s Office to ensure compliance with any updated or localized guidelines.

5. Commencement and Expiration

  1. Starting Date

    • Generally begins on January 1 of the year of issuance (or from the date of approval of the application, subject to your local Executive Judge’s instructions, but effectively recognized from January 1 for counting the two-year term).

  2. Ending Date

    • Ends on December 31 of the second year.

  3. Earlier Termination

    • Even before December 31 of the second year, the notarial commission may be revoked or suspended for cause. A notary public may also resign from the commission voluntarily, subject to the requirements of the Rules (notice to the Executive Judge and surrender of notarial books and seal).

6. Renewal of Commission

6.1. Requirements for Renewal

To continue performing notarial acts after the expiration of the current commission, a lawyer must apply for renewal. The application for renewal essentially mirrors the original application, requiring:

  • Updated Clearances

    • National Bureau of Investigation (NBI)
    • Local Police Clearance
    • Integrated Bar of the Philippines (IBP) Clearance
    • Supreme Court (or Office of the Bar Confidant) Certification that the lawyer is in good standing

  • Compliance with MCLE

    • If the lawyer is required by law to comply, the updated MCLE Compliance Certificate must be submitted.

  • Proof of Payment of Notarial Fees

    • The local court may have specific docket fees or notarial commission fees.

6.2. When to File for Renewal

  • Lawyers are generally advised to file for renewal before their current commission expires to ensure continuity. The specific deadline is usually set by the Office of the Executive Judge; some require filing at least one month before the current commission lapses.

7. Effects of Expiration Without Renewal

If a notary public fails to renew before the term expires (or is denied renewal):

  1. Automatic Loss of Authority
    • The lawyer can no longer notarize documents after December 31 of the second year (or the last valid date of commission).
  2. Obligation to Surrender Notarial Records
    • The notarial seal, notarial register (or “notarial logbook”), and other notarial paraphernalia must be properly turned over to the Executive Judge as required by the Rules.
  3. Potential Sanctions
    • Performing notarizations without a valid commission constitutes unauthorized practice that may lead to disciplinary sanctions (e.g., suspension or disbarment).

8. Grounds for Revocation or Suspension Within the Term

Even during the two-year term, a notary public may lose his commission if:

  1. Misconduct in Office
    • E.g., false statements in the notarial register, notarizing without personal appearance of signatories, or violation of the 2004 Rules on Notarial Practice.
  2. Disbarment or Suspension from the Practice of Law
    • Automatic revocation of the notarial commission follows if the lawyer’s status changes to “not in good standing.”
  3. Conviction of a Crime Involving Moral Turpitude
  4. Other Causes
    • Any valid cause determined by the Executive Judge or the Supreme Court.

9. Territorial Limitation During the Term

  • While the notarial commission is valid for the two-year period, the notary public may only perform notarial acts within the territorial jurisdiction of the RTC that issued the commission. Notarizing documents outside that area may constitute unauthorized notarial practice and is a ground for discipline or revocation.

10. Practical Points and Best Practices

  1. Calendaring Expiration
    • Notaries should note the exact expiration of their two-year term (December 31 of the second year).
  2. Timely Renewal Filing
    • To avoid a lapse, file the renewal application well before expiration.
  3. Record-Keeping
    • Maintain notarial registers in strict compliance with the Rules (including completing the required details, preserving copies of IDs, ensuring personal appearance).
  4. Security of Seal and Register
    • The seal and register must remain under the notary’s exclusive custody and be surrendered to the Executive Judge upon expiration or revocation of the commission.
  5. Continued Compliance with MCLE
    • Keep current with MCLE to maintain good standing with the IBP and the Supreme Court.
  6. Ethical Obligations
    • Misuse or improper performance of notarial acts can result in administrative, civil, or even criminal liability. The 2004 Rules on Notarial Practice underscore that notarial work is a public office imbued with public trust, requiring strict adherence to ethical and legal standards.

11. Conclusion

Under the amended 2004 Rules on Notarial Practice, the notarial commission in the Philippines is generally valid for two (2) years, starting January 1 of the year it is issued and ending on December 31 of the following year—unless it is sooner revoked or the notary resigns. During that period, the notary public must remain a lawyer in good standing, keep up with clearance requirements, comply with MCLE rules, and perform all notarial acts strictly within the territorial jurisdiction of the commissioning court.

Failure to adhere to the rules on the term of office, renewal requirements, or the ethical obligations under the Notarial Practice Rules can lead to revocation of the commission and disciplinary sanctions. Thus, any lawyer aspiring to or holding a notarial commission must be vigilant about the duration of their authority, timely renewal procedures, and the attendant responsibilities that the notarial commission entails.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Qualifications of a Notary Public | The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

Below is a comprehensive, practitioner-focused discussion of the qualifications of a notary public under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) in the Philippines. While the Rules contain numerous provisions on application procedures, duties, and liabilities of notaries, this write-up zeroes in on the core topic: the requirements and qualifications one must satisfy to be commissioned as a notary public. Where relevant, I also include references to other related aspects of the Rules that directly influence or clarify these qualifications.

I. LEGAL BASIS AND OVERVIEW

The 2004 Rules on Notarial Practice (“2004 Rules”) took effect on August 1, 2004. They were promulgated by the Supreme Court of the Philippines to standardize and professionalize notarial practice, ensuring integrity, reliability, and respect for notarized documents.

  • Rule III of the 2004 Rules (or sometimes cited as Rule II in certain references) governs the issuance of a Notarial Commission, the instrument by which a qualified lawyer is formally appointed and authorized to perform notarial acts.
  • Only lawyers in good standing can generally be commissioned as notaries public under Philippine law (with limited exceptions for existing notaries prior to effectivity of the Rules, subject to certain conditions).

Because notaries in the Philippines perform not just an administrative function but a quasi-judicial and public function—attesting to the due execution, authenticity, and voluntariness of documents—the Supreme Court has exacted rigorous standards before one can obtain and keep a notarial commission.

II. QUALIFICATIONS FOR A NOTARIAL COMMISSION

Under Section 1, Rule III of the 2004 Rules on Notarial Practice, an Executive Judge of the Regional Trial Court in the province or city where the applicant seeks to be commissioned can issue a notarial commission only to a person who meets all of the following qualifications:

  1. Citizenship

    • The applicant must be a citizen of the Philippines.

  2. Age Requirement

    • The applicant must be over twenty-one (21) years of age.

  3. Residency

    • The applicant must have resided regularly in the Philippines for at least one (1) year before the application.
    • Additionally, the applicant must maintain a regular place of work or business in the territorial jurisdiction of the court (i.e., the city or province) where the application for commission is filed.

  4. Membership in the Philippine Bar

    • The applicant must be a member in good standing of the Philippine Bar.
    • Being a “member in good standing” of the Bar includes:
      • Being an active attorney admitted to practice law in the Philippines, whose name still appears in the Roll of Attorneys;
      • Having no unpaid membership fees or other dues owed to the Integrated Bar of the Philippines (IBP);
      • Not currently suffering any administrative suspension or disbarment from law practice.

  5. Completion of Notarial Practice Course

    • The 2004 Rules introduced a requirement that the applicant must have successfully completed a notarial practice course conducted under the supervision of the Supreme Court, or by an official entity (e.g., the MCLE Committee or IBP chapters authorized to conduct notarial practice seminars).
    • The Supreme Court or its designated agencies typically require a seminar or training covering the fundamentals of notarial practice, ethical considerations, and updates on notarial rules before one can apply or renew a commission.

  6. No Conviction for Crime Involving Moral Turpitude

    • The applicant must not have been convicted in the first instance (whether the judgment is final or on appeal) of any crime involving moral turpitude.
    • “Moral turpitude” generally refers to a crime that involves fraud or an act of baseness, vileness, or depravity in the private or social duties which one owes to fellow persons or to society in general.

Points of Emphasis

  • The applicant must strictly comply with all the above qualifications at the time of filing the application.
  • The Executive Judge has the discretion to determine if an applicant meets the requirements.
  • The applicant has the burden of showing compliance, and must support the application with the requisite documentary evidence (e.g., IBP certification of good standing, certificate of seminar completion, proof of residence, etc.).

III. APPLICATION PROCESS AND RELATED REQUIREMENTS

While the question focuses on qualifications, it helps to know how these qualifications come into play during the application process. Some of the key points include:

  1. Filing of Application

    • The applicant files with the Office of the Executive Judge a verified application in the form prescribed by the Supreme Court.
    • Attachments often include:
      • Certificate of membership in good standing from the IBP;
      • Certificate of completion of the notarial practice seminar;
      • Proof of professional tax receipt (PTR);
      • Proof of MCLE compliance, if required; and
      • Other documents showing residency and office location.

  2. Posting or Publication

    • Applicants are sometimes required to post or publish their application (depending on local court practices) to inform the public of their intent to be commissioned, giving interested parties an opportunity to oppose if any ground for disqualification exists.

  3. Bond or Professional Liability Insurance

    • Once qualified, the applicant must file a surety bond (or show proof of professional liability insurance) in an amount not less than that required by the Rules (often a minimal requirement set by the Executive Judge). This is to answer for any claims arising out of a notarial act.

  4. Issuance of Commission and Notarial Register

    • If the Executive Judge is satisfied that all qualifications and requirements are met, the judge issues a Notarial Commission valid usually for a two-year period (coinciding with the notarial calendar years in many jurisdictions).
    • The newly commissioned notary public is then required to obtain a notarial seal and keep a notarial register.

IV. MAINTAINING “GOOD STANDING” AND OTHER CONTINUING REQUIREMENTS

1. Good Standing in the Philippine Bar

  • Being in good standing is not a one-time requirement. A notary must continuously meet this standard; otherwise, the notarial commission may be suspended or revoked.
  • Common pitfalls that cause an attorney to lose good standing:
    • Non-payment of IBP dues;
    • Non-compliance with the Mandatory Continuing Legal Education (MCLE) requirements;
    • Administrative complaints leading to suspension or disbarment.

2. Regular Place of Business or Office

  • A notary public must maintain a specific office address within the court’s jurisdiction throughout the term of the commission.
  • If the notary moves offices or changes residence outside the territorial jurisdiction for which the notarial commission was granted, the commission may be revoked or becomes ineffective.

3. Renewal of Commission

  • Before the notarial commission expires, the lawyer may apply for renewal following essentially the same procedure as the initial application, including updated proof of compliance with MCLE, IBP fees, and the notarial seminar if required.

V. GROUNDS FOR DISQUALIFICATION, SUSPENSION, OR REVOCATION

A commissioned notary who ceases to meet the qualifications or engages in misconduct can be suspended or removed from the notarial roster. Common causes include:

  1. Loss of Good Standing

    • Administrative suspension or disbarment.
    • Lapsed IBP membership.

  2. Conviction of a Crime Involving Moral Turpitude

    • Even a conviction during the pendency of the notarial commission is a ground for revocation.

  3. Violation of the Rules on Notarial Practice

    • E.g., notarizing documents without the personal appearance of the signatory, failing to keep a proper notarial register, charging illegal fees, etc.

  4. Failure to Maintain an Office in the Territorial Jurisdiction

    • If the notary public no longer has an office or residence in the place where commissioned.

Upon a finding of violation, the Executive Judge or the Supreme Court (through the Office of the Court Administrator) can impose penalties ranging from administrative fines, suspension, revocation of the notarial commission, and even disqualification from being commissioned in the future.

VI. ETHICAL IMPORTANCE OF STRICT QUALIFICATIONS

Canon VI of the Code of Professional Responsibility emphasizes a lawyer’s accountability not only to the client but also to the community and courts. The notarial function carries with it a public trust:

  • The public relies on the presumption of regularity and authenticity of notarized documents.
  • This trust is the reason only those who demonstrate integrity and professional competence are entrusted with the notarial seal.
  • The 2004 Rules thus underscore that being a notary is not merely a “side” function but a public office of the highest fiduciary character.

By enforcing stringent qualification standards—citizenship, age, bar membership, good moral character, continuing legal education, and the absence of criminal convictions involving moral turpitude—the Supreme Court safeguards the integrity of the notarial system.

VII. PRACTICAL TAKEAWAYS AND TIPS

  1. Maintain Good Bar Standing Year-Round

    • Promptly pay IBP dues, file MCLE compliance, and avoid conduct that could lead to administrative sanctions.

  2. Keep Your Records Updated

    • Ensure your address and office details (with the Executive Judge and IBP) always reflect current information.

  3. Attend Mandatory Seminars

    • Prior to initial application or renewal, verify the latest requirements for the notarial practice seminar or any specialized training mandated by the Supreme Court or the IBP.

  4. Monitor Deadlines

    • The notarial commission is usually effective for two years; prepare renewal requirements ahead of time to avoid lapses that may result in unauthorized notarial acts.

  5. Avoid Unauthorized Practices

    • A newly admitted lawyer under two years of practice might face additional scrutiny from the Executive Judge; verify your eligibility and be ready to show compliance with any local bar or Supreme Court guidelines.

  6. Be Vigilant About Criminal or Administrative Cases

    • Any pending criminal charge (especially those involving moral turpitude) or administrative case can threaten your notarial commission. Resolve them promptly and inform the court if required.

VIII. CONCLUSION

Under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), the qualifications for a notary public are deliberately stringent to preserve the authenticity and public confidence in notarized documents. A notary in the Philippines must be:

  1. A Filipino citizen;
  2. Over 21 years old;
  3. A resident in the Philippines (and specifically in the locality of application);
  4. A member in good standing of the Philippine Bar;
  5. A graduate of the required notarial practice course; and
  6. Free from any conviction of a crime involving moral turpitude.

These qualifications are not merely formalities; they are ongoing responsibilities. Once commissioned, the notary must continuously maintain all these conditions or risk suspension/revocation of the commission. Ultimately, the rules underscore that notarization is a public function of the highest order, entrusted only to those who consistently uphold the ethics and accountability expected of members of the Philippine legal profession.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

Below is a detailed and methodical discussion of The 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) promulgated by the Supreme Court of the Philippines. This set of rules took effect on August 1, 2004, superseding previous notarial regulations. It was enacted to professionalize the notarial system, protect public interest, and ensure the integrity of notarial acts.

I. OVERVIEW AND POLICY CONSIDERATIONS

  1. Purpose and Scope

    • The 2004 Rules on Notarial Practice govern all notarial acts performed in the Philippines. They impose stricter requirements for the appointment of notaries public, formalize procedures for notarial acts, and provide mechanisms to ensure accountability.
    • The Supreme Court emphasized that the rules aim to curtail the proliferation of invalid, unauthorized, or erroneous notarizations, thereby protecting the public and upholding the dignity of the legal profession.

  2. Legal Basis

    • The Supreme Court exercises its constitutional power to promulgate rules concerning the admission to the practice of law and the supervision of notaries public.
    • The 2004 Rules on Notarial Practice were adopted under this authority and are enforced in conjunction with the Code of Professional Responsibility and other relevant laws.

  3. Key Policy Principles

    • Public Interest and Integrity: Notaries act as instrumentalities of the law, enabling the flow of commerce and the settlement of private affairs with authenticity and trust.
    • Professional Responsibility: Only lawyers in good standing (except in rare circumstances where non-lawyers are allowed, subject to the rules) may generally be commissioned as notaries public. The notarial act is an extension of the lawyer’s role as an officer of the court.
    • Accountability: The notary public is accountable for improper or negligent performance of notarial acts. Sanctions under these rules may be administrative, civil, or even criminal, depending on the gravity of the violation.

II. DEFINITIONS AND GENERAL PROVISIONS

  1. Notarial Act or Notarization

    • Refers to any act that a notary public is empowered to perform under the 2004 Rules on Notarial Practice. These include:
      1. Acknowledgments
      2. Oaths and affirmations
      3. Jurats
      4. Signature witnessings
      5. Copy certifications
      6. Any other act authorized by these rules

  2. Acknowledgment

    • An act in which an individual on a single occasion:
      • Appears in person before the notary public and presents a document;
      • Is personally known to the notary public or identified through competent evidence of identity; and
      • Represents to the notary that the signature on the document was voluntarily affixed for the purposes stated in the document and confirms that the notary witness or acknowledges the same.

  3. Jurats

    • That part of an affidavit or other sworn statement where:
      • The notary certifies that the person named therein personally appeared before the notary, took an oath or gave an affirmation, and signed the statement in the presence of the notary.

  4. Competent Evidence of Identity

    • This is crucial under the rules. It includes:
      • Identification documents issued by an official agency bearing the photograph and signature of the individual (e.g., passport, driver’s license, Professional Regulation Commission ID, GSIS or SSS ID, etc.);
      • The oath or affirmation of a credible witness who is personally known to the notary public and who personally knows the individual.

  5. Venue / Territorial Jurisdiction

    • The notary public may perform notarial acts within the territorial jurisdiction indicated in the notarial commission (e.g., city or province). Performing notarial acts outside one’s commission territory is prohibited.

III. QUALIFICATIONS AND REQUIREMENTS FOR APPOINTMENT AS A NOTARY PUBLIC

  1. Who May Apply

    • As a general rule, only a duly admitted and active member of the Philippine Bar in good standing may apply to be commissioned as a notary public.
    • Good standing means no suspension, disbarment, or other administrative liability that prohibits the lawyer from practicing law.

  2. Application and Commission

    • A lawyer must file a Verified Application for commission as a notary public with the Executive Judge of the Regional Trial Court (RTC) in the city or province where the applicant seeks to perform notarial acts.
    • Requirements typically include:
      1. Proof of Payment of IBP Dues and Certificate of Membership in good standing;
      2. Clearance of No Pending Administrative Case or, if pending, a disclosure thereof;
      3. Other documents as the Executive Judge may require (e.g., certificates of seminar attendance on notarial practice).

  3. Term of Office

    • A notarial commission is valid for a period of two (2) years, starting from the date of the notary’s oath and ending on the 31st of December of the second year.
    • Renewal or reappointment is not automatic; one must reapply.

  4. Mandatory Notarial Practice Seminar

    • An applicant must show proof of completion of a seminar on notarial practice approved by the Supreme Court or its designated authority.
    • This requirement ensures that the applicant is updated on the law, rules, and ethics relevant to notarization.

  5. Disqualifications

    • Applicants found to have misrepresented material facts or who have been convicted of crimes involving moral turpitude or related offenses can be denied a commission.
    • Those administratively sanctioned by the Supreme Court for dishonest practices or gross misconduct may also be precluded from becoming notaries public.

IV. POWERS AND DUTIES OF A NOTARY PUBLIC

  1. Notarial Register

    • A notary public is mandated to keep a Notarial Register (also known as a notarial book) where each notarial act is recorded in chronological order. The entries must include:

      1. The date and time of the notarial act;
      2. The type of notarial act (acknowledgment, jurat, etc.);
      3. A description of the document or proceeding;
      4. The name and address of each principal or witness;
      5. Competent evidence of identity presented;
      6. The signature or thumbmark of the person whose signature was notarized;
      7. The fee charged, if any.

    • This register must be bound, with numbered pages, to preserve the integrity of the records.

  2. Duty to Screen Signatories and Documents

    • A notary public has the obligation to ensure:
      • The document is complete, with no blanks or unfilled spaces intended for future insertion;
      • The person signing the document is competent, of sound mind, and not acting under duress or undue influence;
      • The signatory is either personally known to the notary or identified by competent evidence of identity.

  3. Prohibition Against Notarizing Certain Instruments

    • A notary cannot notarize a document if:
      • The document is incomplete, has blanks, or lacks critical information;
      • The person appears to be incapacitated or under undue influence;
      • There is a direct conflict of interest for the notary, such as notarizing a document where the notary is a party or has a financial interest.

  4. Duty to Affix Official Seal and Notarial Certificate

    • The notary must ensure that the notarial certificate (acknowledgment or jurat) is properly filled out and that the official seal is affixed.
    • A “notarial seal” or “stamp” is required to authenticate the notarial act, indicating the notary’s name, commission number, jurisdiction, and commission expiry date.

  5. Reporting and Safekeeping of Records

    • The notarial register and the notarial seal are properties of the notary public. They must be safeguarded against loss, theft, or misuse.
    • Upon the expiration or revocation of a commission, the notary must submit the register to the Office of the Clerk of Court for archiving.

V. FORM AND CONTENT OF NOTARIAL CERTIFICATES

  1. Acknowledgment Certificate

    • Must contain:
      • A declaration that the signatory personally appeared before the notary;
      • Identification of the signatory by personal knowledge or competent evidence of identity;
      • A statement that the signatory acknowledged executing the instrument voluntarily;
      • The date and location of notarization;
      • The notary’s signature and seal.

  2. Jurat

    • Must indicate that:
      • The affiant appeared before the notary public;
      • The affiant was given an oath or affirmation;
      • The affiant signed the affidavit in the presence of the notary;
      • The date and place of notarization;
      • The notary’s signature and seal.

  3. Signature Witnessing

    • A certificate that the individual:
      • Appeared before the notary public;
      • Was identified by personal knowledge or competent evidence;
      • Signed the document in the notary’s presence.

  4. Copy Certification

    • A certificate stating that the notary public has compared the original and the copy presented, and that the copy is an accurate reproduction of the original document.

VI. PROHIBITIONS AND LIMITATIONS

  1. Outside Commission Jurisdiction

    • Notarizing documents outside the territorial limits granted in the notarial commission is prohibited and renders the notarization invalid.

  2. Blank or Incomplete Documents

    • A notary public shall not notarize incomplete instruments or documents with unfilled spaces that could allow for further insertion or changes.
    • If there is any alteration, the notary must require the parties to initial the changes before notarization.

  3. Interest and Disqualification

    • The notary public must not notarize documents where he or she is a party, has a direct financial or beneficial interest, or where the notary’s spouse, parent, child, or otherwise is a party if that would create a conflict of interest.
    • The prohibition extends to documents where the notary’s signature is also required as a witness, unless permitted in very limited circumstances.

  4. Advertising

    • A notary public, if also a lawyer, must observe the ethical rules on advertising legal services. The notarial title cannot be used to attract business or mislead the public.

VII. REVOCATION, ADMINISTRATIVE SANCTIONS, AND PENALTIES

  1. Grounds for Revocation or Suspension of Commission

    • Incomplete or false statements in the application for notarial commission;
    • Dishonesty, misconduct in the performance of duties, or any violation of the 2004 Rules;
    • Conviction of a crime involving moral turpitude;
    • Violation of the Lawyer’s Oath and the Code of Professional Responsibility in relation to the notarial acts.

  2. Procedure for Revocation

    • Complaints for improper notarial acts are typically lodged before the Executive Judge, who will conduct an investigation or assign it for a formal investigation.
    • The judge may revoke or suspend the commission, or recommend disciplinary action with the Supreme Court if the respondent is found liable.

  3. Effects of Revocation

    • The notary loses the authority to perform notarial acts immediately upon the effective date of revocation or suspension.
    • The notarial register and seal must be surrendered to the court.
    • Additional penalties under the Code of Professional Responsibility (e.g., suspension or disbarment from the practice of law) may also be imposed.

  4. Other Administrative and Criminal Liabilities

    • A notary public may face administrative sanctions such as fines and suspension from notarial practice for minor violations.
    • In egregious cases, criminal charges (e.g., falsification of public documents, perjury) may be brought if the circumstances so warrant.

VIII. NOTARY FEES

  1. Reasonable Fees

    • The fees charged by a notary public must be in accordance with the guidelines set by the Supreme Court or the Integrated Bar of the Philippines (IBP). Overcharging is a ground for administrative sanction.

  2. Posting of Fees

    • The notary public is required to post in a conspicuous place (e.g., office) a schedule of the notarial fees. This ensures transparency and avoids exploitative practices.

IX. RELATION TO LEGAL ETHICS (CANON VI. ACCOUNTABILITY)

  1. Lawyer’s Oath and Canon VI

    • Canon VI of the Code of Professional Responsibility underscores the lawyer’s responsibility to society, the courts, and the legal profession.
    • Acting as a notary public is an exercise of public trust, and a lawyer’s accountability is heightened in this role.

  2. Upholding the Integrity of the Notarial Process

    • Lawyers must avoid shortcuts, sloppy recordkeeping, and “desk notarizations” (notarizing documents without actual physical presence of the signatory).
    • Violations erode public confidence in legal processes and tarnish the image of the legal profession.

  3. Disciplinary Consequences

    • Because notarial practice is intimately linked with the practice of law, misconduct as a notary can lead to disbarment or suspension from the practice of law.
    • This aligns with the fundamental ethical obligation under Canon VI for lawyers to be accountable for their conduct in all legal and quasi-legal capacities.

X. PRACTICAL REMINDERS FOR NOTARIES PUBLIC

  1. Always Verify Identity Thoroughly

    • Rely on valid government-issued IDs or the oath of credible witnesses. Avoid “convenience notarizations” to sidestep liabilities.
    • Faithfully record identification details in the notarial register.

  2. No Substitution of Appearance

    • The signatory must personally appear before the notary. Virtual appearance is typically not allowed unless specific rules or court issuances say otherwise.
    • Never allow secretaries or subordinates to take over the actual notarial act.

  3. Refuse Unlawful Requests

    • Decline to notarize documents that are incomplete, suspicious, or appear to involve fraud.
    • If in doubt, request additional documents or decline the notarization altogether.

  4. Maintain Proper Records and Submit Reports

    • Keep the notarial register secure. Regularly update entries and never leave blank spaces in the register.
    • Upon expiration of the commission, turn over the register to the Clerk of Court as required.

  5. Renew Commission Timely

    • Ensure timely reapplication if intending to continue as a notary beyond the expiration date.
    • Do not perform notarial acts even one day after the commission expires.

XI. RECENT DEVELOPMENTS AND AMENDMENTS

  1. Post-2004 Clarifications

    • The Supreme Court has issued various administrative circulars and clarifications on common issues such as notarization of special powers of attorney for overseas Filipinos, ID requirements, and remote notarization. Lawyers and notaries should remain vigilant about these updates.

  2. Discussions on Electronic Notarization

    • The pandemic situation spurred interest in remote or electronic notarization. The Supreme Court has undertaken pilot programs and rules on e-notarization in certain limited contexts, but the official, comprehensive guidelines remain primarily anchored in the 2004 Rules unless further updated.

  3. Importance of Continuing Legal Education

    • Notaries public must remain updated on the latest court issuances, jurisprudence, and advisories affecting notarization to avoid lapses. Many local IBP chapters conduct regular MCLE seminars that include modules on notarial practice.

XII. CONCLUSION

The 2004 Rules on Notarial Practice revolutionized the Philippine notarial system by imposing higher standards of competence, integrity, and accountability on those authorized to perform notarial acts. By tying notarial functions closer to the legal profession, the Supreme Court aimed to protect the public from unscrupulous or negligent practices, thereby reinforcing the public’s confidence in the authenticity of notarized documents.

For a lawyer, serving as a notary public is both an honor and a burden of responsibility. Meticulous compliance with the rules—from verifying identities, maintaining strict recordkeeping, to safeguarding the notarial register and seal—is not only a legal obligation but also an ethical imperative. Violations can lead to serious consequences, including loss of commission, administrative sanctions, and even disbarment.

Ultimately, the 2004 Rules on Notarial Practice reflect the broader ethical principle that every notarial act is a representation of the lawyer’s oath and the dignity of the legal profession. By fulfilling the obligations with scrupulous attention to detail, a notary public upholds the rule of law and furthers the cause of justice.

References / Source Materials

  • A.M. No. 02-8-13-SC (The 2004 Rules on Notarial Practice)
  • Code of Professional Responsibility
  • Relevant Supreme Court Decisions on Notarial Practice
  • Philippine Constitution, Article VIII (Judicial Department)

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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