In the Philippine legal system, notarization is not a mere formality; it is a vital public function that converts a private document into a public instrument. Governed primarily by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), notarization serves as a safeguard against fraud, ensuring the authenticity of signatures and the voluntary execution of legal instruments.
The Importance of Notarization
When a document is notarized, it gains several legal advantages:
- Admissibility: It is admissible in evidence without further proof of its authenticity.
- Presumption of Regularity: It enjoys the legal presumption that it was executed with all the formalities required by law.
- Public Record: It becomes part of a public record, providing notice to third parties (essential for contracts involving real property).
Essential Requirements for Notarization
For a notary public to validly perform a notarial act, the following elements must be present:
1. Personal Appearance
The "affiant" or the person signing the document must physically appear before the notary public. Remote notarization via video call is currently only permitted under very specific Supreme Court rules (e.g., the Rules on Remote Notarization of Paper Documents issued during the pandemic), but the general rule remains physical presence.
2. Competent Evidence of Identity
The notary must identify the signatory through:
- Photographic Identification: A current identification card issued by an official agency bearing the photograph and signature of the individual (e.g., Passport, Driver’s License, UMID, PRC ID).
- The Oath of a Witness: If the signatory lacks an ID, they may be identified by one witness known to the notary or two witnesses known to the signatory.
- Note: A Community Tax Certificate (Cedula) is no longer considered competent evidence of identity for notarization.
3. Subscription and Swearing
The signatory must sign the document in the presence of the notary and take an oath (for Jurats) or acknowledge that the act is their free and voluntary deed (for Acknowledgments).
Common Notarial Acts
| Act | Description | Typical Usage |
|---|---|---|
| Acknowledgment | An individual declares to the notary that they executed the instrument freely. | Deeds of Sale, Real Estate Mortgages, Waivers. |
| Jurat | An individual takes an oath before the notary regarding the truth of the document's contents. | Affidavits, Pleadings, Verification and Certification. |
| Copy Certification | The notary certifies that a copy is an accurate reproduction of an original document. | Diplomas, Birth Certificates (when allowed). |
Validity and Expiration
- Commission of the Notary: A notary’s commission is usually valid for two years, ending on December 31 of the second year. Always check if the notary’s commission is active; a document signed by a person whose commission has expired is technically void as a public instrument.
- Document Validity: Generally, a notarized document does not "expire" unless the contract itself has a term. However, for certain transactions (like land transfers), the BIR or Register of Deeds may require the document to be notarized within a specific timeframe relative to the transaction date to avoid penalties.
Common Pitfalls to Avoid
- "Notarization in Absentia": Sending a document to a lawyer’s office to be "stamped" without the signatory being present. This is a violation of notarial rules and can lead to the disbarment of the lawyer and the nullification of the document.
- Using an Expired ID: Notaries are prohibited from accepting expired identification. Ensure your ID is valid at the time of notarization.
- Incomplete Document Details: Leaving blank spaces in the document (like the date or the name of the vendee) before notarization is a red flag. All material fields should be filled.
- Jurisdiction Issues: A notary public can only perform notarial acts within the specific city or province where their commission was granted. A Manila notary cannot validly notarize a document in Quezon City.
Conclusion
Understanding the nuances of notarization is crucial for protecting your legal interests in the Philippines. Whether you are selling property, executing an affidavit, or entering into a commercial contract, ensuring that the process adheres strictly to the 2004 Rules on Notarial Practice prevents future litigation and ensures your documents hold weight in a court of law.
Would you like me to draft a template for a specific type of affidavit or deed of sale following these Philippine legal standards?