School bylaws constitute the foundational internal governance document of educational institutions in the Philippines. For private schools, whether sectarian or non-sectarian, operating as non-stock, non-profit corporations or foundations, bylaws define the structure of the board of trustees, election of officers, powers and duties of administrators, admission policies, academic standards, financial management, and dispute resolution mechanisms. These bylaws acquire enhanced legal weight when notarized, transforming them into public documents that enjoy presumptions of authenticity and due execution under Philippine law.

Legal Basis for Notarization of School Bylaws

Notarization of school bylaws is anchored on the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), which governs the acts of notaries public. The Civil Code (Articles 1358 and 1403) and the Corporation Code (now Revised Corporation Code, Republic Act No. 11232) further require or strongly recommend the authentication of corporate instruments, including bylaws and their amendments, particularly when submitted to regulatory agencies.

The Department of Education (DepEd) for basic education institutions, the Commission on Higher Education (CHED) for tertiary levels, and the Technical Education and Skills Development Authority (TESDA) for technical-vocational institutions routinely require notarized copies of bylaws during applications for government recognition, permit to operate, or renewal of authority. If the school is incorporated, the Securities and Exchange Commission (SEC) mandates notarized bylaws upon incorporation and for any subsequent amendments.

Notarization serves multiple purposes:

It verifies the voluntary execution of the document by authorized officers.
It prevents fraud and forgery.
It makes the bylaws admissible in evidence without further proof of authenticity in judicial or quasi-judicial proceedings.
It satisfies regulatory requirements for school registration and operation.

Failure to properly notarize may result in rejection of applications, delays in school operations, or challenges to the validity of board actions taken under the bylaws.

Distinction Between Acknowledgment and Jurat

Philippine notarial law recognizes two primary acts: acknowledgment and jurat. For school bylaws, the appropriate notarial act is acknowledgment. In an acknowledgment, the signatories personally appear before the notary public and declare that they executed the instrument as their free and voluntary act and deed. This contrasts with a jurat, which is used for affidavits or sworn statements where the affiant swears to the truth of the contents.

Bylaws are not sworn statements of fact but constitutive documents of corporate governance; hence, acknowledgment is the standard form. Using a jurat instead may render the notarization defective and subject to challenge.

Who Must Execute the Acknowledgment

The acknowledgment is executed by the persons authorized to bind the school. Typically, these are:

The Chairman of the Board of Trustees
The President or Chief Executive Officer
The Corporate Secretary (who attests to the adoption of the bylaws by the board)

In some cases, all members of the board or the incorporators sign. For amendments, the same officers who approved the changes appear. The notary must confirm the signatories’ authority through the board resolution adopting or amending the bylaws, which is often attached or referenced in the document.

Essential Elements of a Valid Acknowledgment for School Bylaws

A proper acknowledgment must contain the following mandatory elements under the 2004 Rules on Notarial Practice:

Venue – Indicating the city or municipality and province where the notarial act is performed.
Date – The exact date of notarization.
Personal appearance – The notary must certify that the signatories personally appeared.
Competent evidence of identity – Signatories must present at least one current identification document with photograph and signature (e.g., Passport, Driver’s License, SSS ID, GSIS ID, PhilID, or PRC ID). The notary records the details.
Acknowledgment clause – Explicit declaration that the instrument is the signatory’s free and voluntary act and deed, executed in the capacity stated (e.g., as President of the school corporation).
Number of pages – The notary states the total number of pages to prevent tampering.
Notary’s signature and seal – The notary affixes the official signature, name, commission details, and notarial seal.
Roll of Attorneys number and PTR/IBP details – Required for the notary.

The notary must maintain a notarial register recording all these details for each act.

Sample Acknowledgment for Notarization of School Bylaws

Below is a standard, compliant sample acknowledgment tailored for school bylaws in the Philippines. This format is widely accepted by DepEd, CHED, SEC, and courts.

REPUBLIC OF THE PHILIPPINES
CITY/MUNICIPALITY OF __________________ ) S.S.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the City/Municipality of __________________, Province of __________________, Philippines, this ______ day of ______________, 20, personally appeared the following persons:

Name	Competent Evidence of Identity	Date & Place of Issue
[Full Name of President/Chairman], in his/her capacity as President/Chairman of the Board of [School Name]	[e.g., Passport No. XXXXXXX]	[Date & Place]
[Full Name of Corporate Secretary], in his/her capacity as Corporate Secretary of [School Name]	[e.g., Driver’s License No. XXXXXXX]	[Date & Place]

known to me to be the same persons who executed the foregoing instrument consisting of ______ (______) pages, including this page on which this acknowledgment is written, and they acknowledged to me that the same is their free and voluntary act and deed, and that the instrument is the Bylaws (or Amended Bylaws) of [Full Legal Name of the School], a non-stock, non-profit educational corporation duly organized and existing under the laws of the Republic of the Philippines.

WITNESS MY HAND AND SEAL on the date and at the place first above written.

Doc. No. ______;
Page No. ______;
Book No. __;
Series of 20.

Notary Public
[Printed Name of Notary]
Notary Public for __________________
Until December 31, 20____
Roll of Attorneys No. ______
PTR No. ______ / [Date] / [Place]
IBP No. ______ / [Date] / [Place]
[Notarial Seal]

This sample may be adjusted for multiple board members or when a board resolution is incorporated by reference. The signatories sign the bylaws on the left margin of every page and again on the last page before the acknowledgment.

Procedural Steps for Notarization

Drafting and Adoption – The board adopts the bylaws or amendments through a formal resolution.
Signing – Authorized officers sign the document.
Preparation for Notarization – Attach the board resolution and any required exhibits. Ensure all pages are numbered and initialed.
Appearance Before Notary – Signatories bring valid IDs and appear personally.
Notarial Act – The notary reads or explains the acknowledgment, verifies identities, and performs the act.
Registration in Notarial Book – The notary records the details.
Delivery – The notarized original is returned to the school for filing with regulatory agencies.

Post-Notarization Requirements

After notarization:

Submit certified true copies to DepEd, CHED, or TESDA regional offices together with the application for recognition or permit.
For SEC-registered schools, file the amended bylaws with the SEC’s Company Registration and Monitoring Department.
Retain the original notarized copy in the school’s permanent records.
Distribute copies to stakeholders (faculty, parents, administrators) for compliance.

Legal Effects and Evidentiary Value

A properly notarized set of bylaws enjoys the presumption of regularity. Under Rule 130, Section 30 of the Revised Rules on Evidence, a notarized document is prima facie evidence of its due execution and authenticity. This is crucial in cases involving board authority, expulsion of students, employment disputes, or challenges to school policies.

Courts and administrative bodies give great weight to notarized bylaws, making it difficult for parties to later claim that the document was not voluntarily executed.

Common Pitfalls and How to Avoid Them

Insufficient identification – Always use current, government-issued IDs with photos. Expired IDs invalidate the notarization.
Non-personal appearance – Proxy signatures or representatives without special power of attorney are not allowed for acknowledgments.
Incomplete venue or details – Omitting the province or failing to indicate the number of pages can lead to rejection.
Using jurat instead of acknowledgment – This is a frequent error that may require re-notarization.
Failure to attach board resolution – Regulatory agencies often require proof that the bylaws were duly adopted.
Notary’s expired commission – Always verify the notary’s current commission and IBP/PTR status.
Tampering risks – Use security features such as consecutive page numbering, dry seals, or ribbons when submitting multiple copies.

Schools operating in multiple jurisdictions (e.g., with branches) must ensure that the notarization complies with the rules of the place where the document will be presented.

Amendments to Bylaws

Any amendment to school bylaws follows the same notarization process. The acknowledgment clause should specify that it is an “Amended Bylaws” and reference the original adoption date and the amending board resolution. Partial amendments may be notarized as a separate instrument or as a full restated version.

In conclusion, the acknowledgment in the notarization of school bylaws is a critical legal safeguard that protects the integrity of the school’s governance framework and facilitates smooth regulatory compliance in the Philippine educational system. Proper adherence to the prescribed form and procedure ensures that the bylaws remain enforceable and authoritative throughout the institution’s existence.