Notarial practice forms a cornerstone of the Philippine legal system, providing public authentication of documents to ensure their authenticity, voluntariness, and reliability in transactions, courts, and official proceedings. Notarization prevents fraud, establishes the identity of parties, and creates a permanent record of acts performed before a notary public. In the Philippines, these acts are strictly regulated to uphold the integrity of legal instruments.

Legal Framework

The primary governing law is the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), promulgated by the Supreme Court and effective August 1, 2004. These Rules define notarial acts, qualifications, procedures, prohibitions, and liabilities. They have been amended over time, including updates for digitization of records (e.g., 2025 amendments requiring electronic transmittal of duplicate originals and registers) and the introduction of electronic notarization and remote notarization rules for specific circumstances (such as the 2020 Interim Rules on Remote Notarization of Paper Documents and subsequent Rules on Electronic Notarization).

Notarial acts derive additional support from the Civil Code, Rules of Court, and special laws on documents like deeds, affidavits, and powers of attorney. Only commissioned notaries public—typically lawyers—may perform these acts within their territorial jurisdiction.

Qualifications and Commissioning of Notaries Public

A notary public must be:

A Filipino citizen.
A lawyer in good standing, duly admitted to the Philippine Bar.
A resident of the city or province where the commission is sought.
Of good moral character and without disqualifying convictions or administrative sanctions.

Appointment occurs through a petition filed with the Executive Judge of the Regional Trial Court (RTC) in the relevant city or province. The commission lasts two years and is renewable. The notary must maintain an office in the place of commission and possess an official seal meeting specific design requirements (including the notary’s name, commission details, and “Notary Public”).

Jurisdiction is generally limited to the city or province of commission, though notaries may act in adjacent areas under certain conditions. Notaries must keep a notarial register and comply with record-keeping and reporting obligations.

Key Notarial Acts: Acknowledgments and Jurats

The two most common notarial acts are acknowledgment and jurat.

Acknowledgment (Rule II, Section 5) is the act in which an individual appears personally before the notary public, is identified, and declares that:

The signature on the instrument was voluntarily affixed.
The instrument was executed as the person’s free and voluntary act and deed.
If acting in a representative capacity (e.g., as attorney-in-fact or corporate officer), the person has authority to sign.

Acknowledgment applies to contracts, deeds of sale, mortgages, special powers of attorney, and similar documents.

Jurat (Rule II, Section 6) is the act in which an individual:

Appears personally.
Is identified.
Signs the instrument or document in the presence of the notary.
Takes an oath or affirmation that the contents are true and correct to the best of the affiant’s knowledge and belief.

Jurats are used for affidavits, complaints, answers, and sworn statements.

Other acts include oaths, affirmations, signature witnessing, and certifications, but acknowledgment and jurat are central to most notarial certificates.

Essential Requirements for All Notarial Acts

Personal Appearance: The principal (the person whose act is notarized) must appear personally before the notary. Proxies or agents are generally not allowed for the act itself, though representatives may appear in authorized capacities with supporting documents.

Competent Evidence of Identity (Rule II, Section 12, as amended): The notary must either personally know the principal or verify identity through:

At least one current identification document issued by an official agency bearing the principal’s photograph and signature, such as (but not limited to) passport, driver’s license, Professional Regulation Commission (PRC) ID, National Bureau of Investigation (NBI) clearance, police clearance, postal ID, voter’s ID, Barangay certification, GSIS e-card, SSS card, PhilHealth card, senior citizen card, OWWA ID, OFW ID, seaman’s book, Alien Certificate of Registration/Immigrant Certificate of Registration, government office ID, or certifications from NCWDP or DSWD.
Alternatively, the oath or affirmation of one credible witness personally known to the notary who knows the principal, or two credible witnesses who each know the principal and present their own documentary identification.

Community tax certificates (cedulas) alone are insufficient. The notary records the details of the identification document(s) in both the notarial certificate and the register.

Competency and Voluntariness: The principal must be of legal age (or emancipated), of sound mind, and acting freely without coercion, fraud, or undue influence. The notary has a duty to satisfy himself or herself of these facts and may refuse notarization if in doubt.

Complete Document: The instrument must be fully filled out, with no blanks or unfilled spaces that could be altered later.

Detailed Procedures

Procedure for Acknowledgment:

The principal presents the completed instrument and competent evidence of identity.
The notary verifies identity and jurisdiction.
The principal declares (orally or by conduct) that the signature is voluntary and the act is free and voluntary.
If the document is lengthy or complex, the notary may explain its contents, particularly for vulnerable parties.
The notary completes and signs the notarial certificate, affixes the seal, and records the act in the notarial register. The principal signs the register.

Procedure for Jurat:

The principal presents the unsigned (or to-be-signed) affidavit or document and identification.
The principal signs the document in the notary’s presence.
The notary administers the oath or affirmation (“Do you swear/affirm that the contents are true and correct...?”).
The principal responds affirmatively.
The notary completes the jurat certificate, signs, seals, and records the act. The principal signs the register.

For both acts, the notary must not proceed if the principal appears incompetent, coerced, or if the document is defective.

Special Cases:

Illiterate or Disabled Persons: The document must be read aloud in the principal’s presence and a language they understand. Two disinterested witnesses are required. The principal affixes a thumbmark or other mark. The notary notes this in the certificate and may sign on behalf under strict conditions (with two witnesses and specific notations).
Corporate or Representative Acts: The representative must present proof of authority (e.g., board resolution, Secretary’s Certificate, or special power of attorney). The certificate states the representative capacity.
Minors or Incapacitated Persons: Guardians or legal representatives act on their behalf, with appropriate documentation.
Multiple Signatories: Each must appear, be identified, and acknowledge or swear separately or jointly, depending on the instrument.

Notarial Certificates: Form and Contents

The notarial certificate is the portion of (or attachment to) the document completed by the notary. It must be clear, legible, and contain (Rule VIII):

The venue (e.g., “Republic of the Philippines, City of Manila”).
The date.
The notary’s full name as in the commission.
The words “Notary Public” and the city/province of commission.
The expiration date of the commission.
The office address.
The attorney’s roll number, PTR number, IBP membership number, and place/date of issuance.
A clear statement of the specific act performed (acknowledgment or jurat wording).
The notary’s signature.
The official notarial seal (embossed or stamped, photographically reproducible).

Sample Acknowledgment Certificate (standard form):

REPUBLIC OF THE PHILIPPINES
[City/Municipality] ) S.S.

BEFORE ME, this ____ day of ________, 20, personally appeared:

[Name of Principal]
[Competent Evidence of Identity: e.g., Passport No. ______ issued on ______ at ______]

known to me and to me known to be the same person who executed the foregoing instrument, and who acknowledged that the same is his/her free and voluntary act and deed.

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

[Notary Public’s Signature]
Notary Public

Doc. No. _____;
Page No. _____;
Book No. ___;
Series of 20.

Sample Jurat Certificate (standard form):

SUBSCRIBED AND SWORN to before me, this ____ day of ________, 20, in the City/Municipality of __________, affiant exhibiting to me [his/her] [ID details], and who took an oath that the contents of the foregoing instrument are true and correct to the best of [his/her] knowledge and belief.

[Notary Public’s Signature]
Notary Public

Doc. No. _____;
Page No. _____;
Book No. ___;
Series of 20.

The certificate is affixed to or incorporated at the end of the instrument. The notary must personally sign it; delegation is prohibited.

Signatories in Notarial Certificates and Related Documents

Principal (Signatory of the Instrument): Signs the body of the document. In acknowledgments, the signature may pre-exist but must be acknowledged in the notary’s presence. In jurats, the signature occurs in the notary’s presence. The principal also signs the notarial register to acknowledge the act.
Notary Public: The sole signatory of the notarial certificate. The notary’s signature, together with the seal, authenticates the entire act. The notary may not notarize documents in which he or she, or relatives within the fourth civil degree, is a party or beneficiary.
Witnesses (in special cases): Required for thumbmarks, persons unable to sign, or certain documents (e.g., wills). Witnesses sign the instrument and may sign notations in the certificate.
Corporate Representatives: Sign in their official capacity, with authority documented.
Notarial Register: The principal affixes a signature (or thumbmark) in the register for the specific act. The notary records all details and signs the entries as custodian.

No one else may sign the notarial certificate itself.

Notarial Register and Record-Keeping

Every notarial act must be recorded chronologically in a permanently bound notarial register with numbered pages. Columns typically include the date, type of act, name and address of principal, identification details, document description, fee, and signatures of the principal and notary.

Under recent amendments, notaries must maintain duplicate originals in PDF format, transmit electronic copies monthly to the Clerk of Court, and provide electronic duplicates to signatories within five days at no extra cost. Failure to comply can result in disciplinary action.

Prohibitions and Liabilities

Notaries are prohibited from:

Notarizing incomplete, altered, or blank documents.
Performing acts outside their jurisdiction or commission.
Charging unauthorized fees or refusing lawful requests.
Notarizing their own or close relatives’ documents where interested.
Allowing others to use their seal or perform acts in their name.

Violations subject the notary to administrative sanctions (reprimand, suspension, revocation of commission, or disbarment), civil liability for damages, and criminal liability (e.g., falsification under the Revised Penal Code).

Recent Developments and Best Practices

The Supreme Court has modernized notarial practice through digitization requirements (professional email, electronic filing of duplicates) and electronic notarization rules allowing secure remote or online acts under controlled conditions with electronic signatures and seals. These supplement but do not replace the core requirement of identity verification and voluntariness.

Best practices include:

Thorough identity checks and explanations to principals.
Clear, unambiguous certificates.
Secure storage of the register and seals.
Refusal when in doubt, with notation of reasons.
Compliance with all reporting and transmittal obligations.

Adherence to these procedures and proper identification of signatories ensures that notarial certificates and acknowledgments serve their purpose of safeguarding public trust in legal documents. Proper execution protects parties, upholds the rule of law, and maintains the evidentiary value of notarized instruments in Philippine courts and beyond.