primer on the rules of notarial practice

8/10/2019 Primer on the Rules of Notarial Practice

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With the2004 Rules on Notari

A.M. No. 02^8-13 (Effective August 1,

JUSTICE REGALADO E. MAAMlMember

Supreme Court Sub-Committee on Revision of Rules Governing

Notaries Public


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A PRIMER ON THE RULES OF NOTARIAL PRACTICE

(Supreme Court A.M. No. 0 2 -8 1 3 -S C , EffectiveAugust 1, 2004)

PART ONE

BASIC CONCEPTS

What are the pur pos es of the Notarial Law?

(a) to promote, serve, and protect public interest;(b) to simplify, clarify, and modernize the rules governing notaries public;

and(c) to foster ethical conduct among notaries public. (Sec.2, Rule I)

What is the meaning o f acknowledgment ?

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

(a) appears in person before the notary public and presents an integrallycomplete instrument or document;

(b) is attested to be personally known to the notary public or identified bythe notary public through competent evidence of identity as defined bythese Rules; and

(c) represents to the notary public that the signature on the instrument ordocument was voluntarily affixed by him for the purposes stated in theinstrument or document, declares that he has executed the instrumentor document as his free and voluntary act and deed, and, if he acts in aparticular representative capacity, that he has the authority to sign inthat capacity. (Sec. 1, Rule II)

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Basi c Concept s

I Whit I* a Jurat?

"Jurat" rotors to an act in which an individual on a single occasion:

(a) appears In person before the notary public and presents an instrumenr document; \

(b) is personally known to the notary public or identified by the notary

public through competent evidence of identity as defined by theseRules;(u) signs the instrument or document in the presence of the notary; and(rl) Uikos an oath or affirmation before the notary public as to such

Instrument or document. (Sec. 6, Rule II)

4. What is a Notarial Certif icate?

Notarial Certificate refers to the part of, or attachment to, a notarizedIn&lmmont or document that is completed by the notary public, bears themituty.s signature and seal, and states the facts attested to by the notarypublic in a particular notarization as provided for by the rules. (Sec. 8, RuleI!)

The Notarial Certificate shall include the following:

i ) the name of the notary public as exactly indicated in the commission;b) tho serial number of the commission of the notary public;oj the words "Notary Public" and the province or city where the notary

public is commissioned, the expiration date of the commission, theoffice address of the notary public; and

d) the* roll of attorneys number, the professional tax receipj: number andthe place and date of issuance thereof, and the IBP membershipnumber. (Sec. 2, Rule VIII)

I . Wh M l * ft notarial register?

"Notarial Register refers to a permanently bound book with fttintofred pages containing a chronological record of notarial acts pffformod by a notary public (Sec. 5, Rule II)


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Basic Concepts

6. What is the meaning of official seal?

Official seal refers to circular metal device, two inches indiameter containing the mark, image or impression of the name of thecity/province where the commission is issued and the word Philippines andthe notary public's name on the margin and the roll of attorneys number onthe face thereof, with the words notary public across the center, affixedon all papers officially signed by the notary public. (Sec. 13, Rule II)

7 Who is a princ ipal?

Principal refers to a person appearing before the notary publicwhose act is subject of the notarization. (Sec. 10, Rule II)

H. What is con sidered co mp etent evidence of identity?

Identification of an. individual based on:

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

(b) the oath or affirmation of one credible witness not privy . to theinstrument, document or transaction who is personally known to thenotary public and who personally knows the individual, or of twocredible witnesses neither of whom is privy to the instrument

document or transaction who each personally knows the individual andshows to the notary public documentary identification. (Sec. 12, Rule II)

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PART TWO

THE NOTARY PUBLIC

ITTINO STARTED

h What aro the qualifications to he commissioned notary public?

Qualifications under the2004 Rulos On Notarial Practice

> must be a citizen of thePhilippines;

> must be over twenty-one(?1) years of age;

> mur.t be a resident in thePhilippines for at least one(1) year and maintains aregular place of work orbusiness in the city orprovince where thecommission is to be issued;

> must be a member of thePhilippine Bar in good

standing w ith ' clearancesfrom the Office of the BarConfidant of the SupremeCourt and the Integrated Barof the Philippines; and

> must not have beenconvicted in the first instanceof any crime involving moralturpitude. (Sec. 1, Rule III)

Qualifications under the Old Law

must be a citizen of thePhilippines;must" be over twenty-one (21)years of age;No residency requirement who

has been admitted to thepractice of law or has completedand passed the examination forthe office of justice of the peaceor clerk or deputy clerk of courtor be a person who has at sometime held the office of clerk ofcourt or deputy clerk of court for

a period of not less than twoyears, or a person who hadqualified for the office of notarypublic under the Spanishsovereignty. In chartered citiesand provincial capitals wherethere are two or more lawyersappointed as notaries public, no

person other than a lawyer of aperson who had qualified to holdthe office of notary public


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The Notary Public

> under the Spanish sovereignty.In chartered cities andprovincial capitals where thereare two or more lawyersappointed as notaries public, noperson other than a lawyer of aperson who had qualified tohold the office of notary public

under the Spanish sovereigntyshall hold said office. Inmunicipalities or municipaldistricts wherein no personreside having the qualificationswho specified, or having them,refuse to hold such office,

judges of first instance mayappoint other persons

temporarily to exercise theoffice of the notary public whohave the requisite qualificationof fitness and morality. (Sec.232, Rev. Adm. Code)

> No person shall be appointedas notary public who had beenconvicted of any crime involvingmoral turpitude. (Sec. 234, Rev.Adm. Code)

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The Notary Public

i What are the procedures to be followed in applying for a notarial

femmifcsion?10.1, Form of Peti ti on and Suppor ting Doc um ents (Sec, 2, Rule 111)

What should be stated and included in the petition for notarial commission?

Every petition for a notarial commission shall be in writing,verified, and shall include the following:

(u) a statement containing the petitioners personal qualifications,including the petitioners date of birth, residence, telephonenumber, professional tax receipt, roll of attorney's number andIBP membership number;

(b) certification of good moral character of the petitioner by at leasttwo (2) executive officers of the local chapter of the IntegratedBar of the Philippines where he is applying for commission;

(t:) proof of payment for the filing of the petition as required by theseRules, and

(d) three (3) passport-size color photographs with light background, taken within thirty (30) days of the application. The photograph

should not be retouched. The petitioner shall sign his name atthe bottom part of the photographs. (Sec. 2, Rule III)

10.2. Opp os it ion to Petit ion , if any (Sec. 6, Rule III)

When and How the petition for notarial commission be opposed.

Any person who has any cause or reason to object to the grantof the petition may file a verified written opposition thereto. Theopposition must be received by the Executive Judge before the dateof thii summary hearing. (Sec. 6, Rule Ml Opposition to Petition)


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The Notary Public

Note: There is no form but it should comply with the rules on

pleadings because it is a court do c um ent

.3. Payment of Applic ation Fee (Sec. 3, Rule 111)

How much is the application fee for a notarial commission?

Every petitioner for a notarial commission shall pay theapplication fee as prescribed in the Rules of Court. Under Rule 141,Sec. 7 (i) of the Rules of Court as amended by A.M.No.04-2-04-SC,effective August 16, 2004, the application fee for commission asnotary public is Two Thousand Pesos (P2,000.00).

.4. Not ice of Summary Hearing (Sec. 5, Rule HI)

Is notice of summary hearing required?

Yes. Under Sec. 5, Rule ill of the 2004 Rules on Notarialpractice, the notice of summary hearing shall b6 published in anewspaper of general circulation in the city or province where thehearing shall be conducted and posted in a conspicuous place in theoffices of the Executive Judge and of the Clerk of Court. The cost ofthe publication shall be borne by- the petitioner. The notice mayinclude more than one petitioner.

Is there a required form for notice of hearing?

There is none but the notice shall be substantially in thefollowing form {Sec. 5, Rule 111):

NOTICE OF HEARING

Notice is hereby given that a summary hearing on thepetition for notarial commission of (name of petitioner) shall be heldon (date) at (place) at (time). Any person who has any cause or

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The Notary Public

feftsftn to object to the grant of the petition may file a verified writtenopposition thereto, received by the undersigned before the date ofttiH Mimmaiy hearing.

Executive Judge

Summary Hearing on the Petition (Sec. 4, Rule III)

When is the petition for a notarial commission granted?

The Executive Judge shall conduct a summary hearing onIho petition and shall grant the same if:

(a) the petition is sufficient in form, and substance;(b) the petitioner proves the allegations contained in the

petition; and(c) the petitioner establishes to the satisfaction of the

Executive Judge that he has read and fully understoodthese Rules.

The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal infavor of the petitioner. (Sec. 4, Rule III)

10.ft. Form Notarial Commission (Sec. 7, Rule III)

The Executive judge shall issue a formal order signed byhim/her and substantially in the following form: (Sec. 7, Rule 111)

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF _ _ _ _ _ _ _ _

t his is to certify that (name of notary public) of (regular placeof work oi business) in (city or province) was on this (date) day of


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'The Notary Public

month two thousand and (year) commissioned by the undersignedas a notary public, within and for the said jurisdiction, for a termending the thirty-first day of December (year) and to purchase anotarial seal.

Issued this (day) of (month) (year)

Executive Judge

10.6. Form of Certifi cate of Auth orization to Purchase Notarial Seal

(Sec. 9, Rule III)

The Certificate of Authorization to Purchase a Notarial Sealshall substantially be in the following form: (Sec. 9, Rule III)

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF _______

CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL

This is to authorize (name of notary public) of (city orprovince) who was commissioned by the undersigned as a notarypublic, within and for the said jurisdiction, for a. term ending, thethirty-first of December (year), to purchase a notarial seal.

Issued this (day) of (month) (year).'

Executive Judge

10.7 Period o f Validi ty o f Certific ate of Au tho rization to Pur chase a Notarial Seal (Sec. 8, Rule III)

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The Notary Public

For how long is the Certific ate of Au thorization to

Purchase a Notarial Seal valid?

Ihe Certificate of Authorization to Purchase a Notarial SealiR v*ilid for a period of three (3) months from date of issue, unlessFixtsHidod by the Executive Judge. (Sec. 8, par. 1, Rule 111)

A mark, image or impression of the seal that may bepurchased by the notary public pursuant to the Certificate shall be

presented to the Executive Judge for approval prior to use.

PERFORMING THE DUTIES OF A NOTARY PUBLIC

1, Jurisdiction and Term (Sec. 11, Rule III)

What is the territorial jurisdiction and term of a notarial

nommlHKlon?

Jurisdiction of Notaries Publicunder the ?004 Rules On Notarial

Practice _ __ A person commissioned as notarypublic may perform notarial actsih Bny place within the territorial

jurisdiction of the commissioningcour! for a period of two (2) yearscommencing the first day ofJtimuiry uf the year in which theetinmiibsioning is made, unlesstartlet revoked or the notarypublic has resigned under theseN u lt i find the Rules of Court.

11, Rule III) ____________

Jurisdiction of Notaries Publicunder the Old Law

The jurisdiction of a notary publicin a province shall be coextensive with the province. The

jurisdiction of a notary public inthe City of Manila shall be coextensive with said city. No notaryshall possess authority to anynotarial act beyond the limits ofhis jurisdiction. [Sec. 240, Rev.Adm. Code]


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The Notary Public

Powers and Limitations of Notaries Public (Sec. 1, Rule IV)

Powers of Notaries Public under the2004 Rules On Notarial Practice

(a) A notary public is empowered toperform the following notarial acts:(1) acknowledgments;(2) oaths and affirmations;(3) jurats;(4) signature witnessing;(5) copy certifications; and(6) any other act authorized bythese Rules.

(b) A notary public is authorized tocertify the affixing of a signatureby thumb or other mark on aninstrument or document presentedfor notarization if:

(1) the thumb or other mark isaffixed in the presence of thenotary public and of two (2)disinterested and unaffectedwitnesses to the instrument ordocument;

(2) both witnesses sign their ownnames in addition to the

thumb or other mark;(3) the notary public writes below

the thumb or other mark:"Thumb or Other Mark affixed

Powers of Notaries Publicunder the Old Law

Every notary public shall havepower to:

(1) administer all oaths andaffirmations provided for bylaw, in all matters incident tohis notarial office, and in theexecution of affidavits,deposition and other documents requiring anoath;

(2) to receive the proof or acknowledgement of allwritings relating to

commerce or navigation,such as bill of exchange,bottomries, mortgages, andhypothecations of ships,vessels, or boats, charterparties or affreightments,letters of attorney, deeds,mortgages, transfers andassignments of land or

buildings, or an interesttherein, and such otherwritings as are commonlyproved or acknowledgedbefore notaries; and


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'I'he Notary Public

by (norm; of signatory by mark)in thn ptoscnce of (names andmJdmssns of witnesses) andundersigned notary public";cn1

(4) thn notary public notarizes thefiiyiiatiue by thumb or other

rmuk through anacknowledgment, jurat, orsignature witnessing.

(a) A notaiy public is authorized tosign on behalf of a person who isphysically unable to sign or makeu murk on an instrument ordocument if:

( I ) tho notary public is directed bythe person unable to sign ormake a mark to sign on hisbyhalf;the signature of the notary

public is affixed in thepresence of two disinterestedand unaffected witnesses'1totho instrument or document;

(3) both witnesses sign their ownnames;

(4) tho notary public writes belowhis signature: Signatureaffixed by notary in presenceof (names and addresses ofperson and two [2] witnesses)1;and

(3) such other writings as arecommonly proved oracknowledged before notaries;

(4) to act as magistrate in writingof affidavits or depositions, andto make declarations andcertify the truth thereof under

his seal of office, concerningall matters done by him byvirtue of his office. (Sec. 241,Rev. Adm. Code)


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The Notary Public

(5) the notary public notarizeshis signature by

acknowledgment or jurat,(Sec. 1, Rule iV)

13 Prohibit ions (Sec. 2, Rule IV)

What are the prohibitions imposed by law on the performance of a notarial c omm ission and wh at are the exceptions ?

A notary public shall not perform a notarial act outside his regularplace of work or business; provided, however, that on certain exceptionaloccasions or situations, a notarial act may be performed at the request ofthe parties in the following sites located within his territorial jurisdiction:

(1) public offices, convention halls, and similar places where oaths ofoffice may be administered;

(2) public function areas in hotels and similar piaces for the signing ofinstruments or documents requiring notarization;

(:-i) hospitals and other medical institutions where a party to an instrumentor document is confined for treatment; and{A) any place where a party to an instrument or document requiring

notarization is under detention. (Sec. 2, Rule IV)

A person shall not perform a notarial act if the person involved ashicjnatory to the instrument or document.

(1) is not in the notary's presence personally at the time of the notarization;and

(J) is not personally known to the notary public or otherwise identified bythe notary public through competent evidence of identity as defined bythese Rules. (Sec. 2, Rule IV)

(A Disq uali fic atio ns (Sec. 3, Rule IV)

When is a notary public disqualified from performing a notarial act?

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The Notary Public

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

(g) in [wiity to the instrument or document that is to be notarized; j(b) will receive, as a direct or indirect result, any commission, fee,

advantage, right, title, interest, cash, property, or other consideration,oxcupl as provided by these Ruies and by law; or

(c) it* a spouse, common-law partner, ancestor, descendant, or relative byiilfinity or consanguinity of the principal within the fourth civil degree.(Sec. 3, Rule IV) '

11, Instances w hen a Notary Public can legally refuse to no tarize documents (Sec. 4, 5 and 6, Rule IV)

When can a notary public legally refuse to notarize a document?

A notary public shall not perform any notarial act described in these 'R i iIo k for any person requesting such an act even if he tenders theappropriate fee specified by these Rules if:

(fi) the notary knows or has good reason to believe that the notarial act ortransaction is unlawful or immoral;

(b) the signatory shows a demeanor which engenders in the mind of thenotary public reasonable doubt as to the former's knowledge of theconsequences of the transaction requiring a notarial act; and

(e) in the notary's judgment, the signatory is not acting of his or her ownfruo will. (Sec. 4, Rule IV)

Improper Instruments or Documents. A notary public shall not rmtiftee:

' (B) a blank or incomplete instrument or document; or1 (1) ih instrument or document without appropriate notarial certification,

(ie c . (5, Rule IV; false or incomplete information, see Sec 5, Rule IV)

11? P i i i * (Sect ions 1,2, 3, 4 and 5, Rule V)

f l Ih i r t a limit on the fee that a notary public may c harge?


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The No tan/ Public

I or performing a notarial act, a notary public may charge the maximum feeas prescribed by the Supreme Court unless he waives the fee in whole orin part. (Sec. 1. Rule V)

Under Sec. 12, Rule 141 of the Rules of Court as amended byA.M.No.Q4-2-04-SC, effective August 16, 2004 the following are theprescribed schedule of fees: r ,

(a) For protests for drafts, bills of exchange, or promissory notes for non-acceptance or non-payment, and for notice thereof, ONE HUNDRED(P100) PESOS;

(b) For the registration of such protest and fiiing or safekeeping of thesame, ONE HUNDRED (P100) PESOS;

(


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The Notary Public

I f W h e r e can you ob tain a notar ial reg is ter ?

At the Office of the Solicitor Genera! upon request and uponpayment of the cost thereof. The register shall be duly paged, and ontin? Iirst page, the Solicitor Genera! shall certify the number of pagesof which the book consists. (Sec. 1, Par. 2, Rule VI)

17,3= How many no tarial r egist er can a notary pub lic keep?

A notary public shall keep only one active notarial register at

nny given time. (Sec. 1 [b]t Rule VI)

17,4. Entries in the Notarial Register (Sec. 2, Rule VI; Sec. 3, Rule IV) What notarial acts are required to be recorded in the notarial register?

SEC. 2. Entries in the Notarial Register. -

a., For every notarial act, the notary shall record in" the notarialregister at the time of notarization the following:

(1) the entry number and page number;(2) the date and time of day of the notarial act;(3) the type of notarial act;(4) the title or description of the instrument, document dr

proceeding;(5) the name and address of each principal;(6) the competent evidence of identity as defined by these

Rules if the signatory is not personally known to thenotary; .

( /) the name and address of each credible witnessswearing to or affirming the persons identity;

(8) the tee charged for the notarial act;(U) the address where the notarization was performed if not

tn the notarys regular place of work or business; and(10)miy other circumstance the notary public may deem of

aiy nil inn nee or relevance.

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The Notary Public

b A notary public shall'record in the notarial register the reasonsand circumstances for not completing a notarial act

c. A notary public shall record in the notarial'-regis ter thecircumstances of any: request to inspect or copy an entry in the

notarial register, including the requester's name, address,signature, thumbmark or other recognized . identifier,, andevidence of identity. The reasons for refusal to allow inspectionor copying of a journal entry shall also be recorded.

d. When the instrument or document is a contract, the notary publicshall keep an original copy thereof as part of his records andenter in said records a brief description of the substance thereofand shall give to each entry a consecutive number,' beginningwith number one in each calendar- year. He shall also retain aduplicate original copy for the Clerk of Court.

e. The notary public shall give to each instrument or documentexecuted, sworn to, or acknowledged before him a number

corresponding to the one in his register, and shall also state onthe instrument or document the page/s of his register on whichthe same is recorded. No blank line shall be left between entries.

f. In case of a protest of any draft, bill of exchange or promissorynote, the notary public shall make a full and true record of allproceedings in relation thereto and shall note therein whether thedemand for the sum of money was made, by whom, when, andwhere; whether he presented such draft, bill or note; whethernotices were given, to whom and in what manner; where thesame was made, when and to whom and where directed; and ofevery other fact touching the same.

g. At the end of each week, the notary public shall certify in hisnotarial register the number of instruments or documentsexecuted, sworn to, acknowledged, or protested before him; or ifnone, this certificate shall show this fact.


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T)ie Notary Public.

h A certified copy of each month's entries and a duplicate originalcopy of any instrument acknowledged before the., notary public

shall, within the first ten (10) days of the month following, beforwarded to the Clerk of Court and shall be under theresponsibility of such officer. If there is no entry to certify for themonth, the notary shall forward a statement to this effect in lieuof certified copies herein required.

17 J . Sign atures and Thumb marks (Sec. 3, Rule IV)

SEC. 3. Signatures and Thumbmarks. - At the time ofnotarization, the notary's notarial register shall be signed, or a thumbor other mark affixed by each:

(a) principal;(b) credibfe witness swearing or affirming to the identity of a principal;

and (c) witness to a signature by thumb or other mark, or to a signing by

the notary public on behalf of a person physically unable to sign.17.6, Loss, Destruction or Damages of.Notarial Register

What to do in case of loss, destruction or damage of NotarialRegister

(n) in case the notarial register is stolen, lost, destroyed, damaged,or otherwise rendered unusable or illegible as a record of notarialacts, the notary public shall, within ten (10) days after informingthe appropriate law enforcement agency in the case of theft orvandalism, notify the Executive Judge by any means providing aproper receipt or acknowledgment, including registered mail andHlso provide a copy or number o f any pertinent police report.(Soc. b, par. 1, Rule V!)


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The Notary Public

17.7, Inspection, Copying and Disposal or Access to Any Entry in the Notarial Register

Is the notarial register subject to inspection? Who can inspect and when?

(a) In the notarys presence, any person may inspect an entry in thenotarial register, during regular business hours, provided;

(1) the person's identity is personally known to the notary pubiicor proven through competent evidence of identity as defined

in these Rules;(2) the person affixes a signature and thumb or other mark or

other recognized identifier, in the notarial register in aseparate, dated entry;

(3) the person specifies the month, year, type of instrument ordocument, and name of the principal in the notarial act oracts sought; and

(4) the person is shown only the entry or entries specified by. him.

(b) The notarial register may be examined by a law enforcementofficer in the course of an official investigation or by virtue of acourt order, .

I , When can a notary public deny access to any entry or entries in the notarial register?

If the notary public has a reasonable ground to believe that aperson has a criminal intent or wrongful motive in requestinginformation from the notarial, register, the notary shall deny access toany entry or entries therein. (Sec. 4, Rule Vi)

lal Signature

HiW find when shall a notary pubiic sign an ins trument or document?


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The Notary Public

In notAri/irnj a paper instrument or document, a notary public shall;

{n) sign by hand on the notarial certificate only the name indicated anduti appearing on the notary's commission;

(b) not sign using a facsimile stamp or printing device; and(O nffix his official signature only at the time the notarial act is

performed. (Sec. 1, Rule VII)

11, Tho Official Seal

Official Seal of Notary Public - Every person commissioned ainotary public shall have only one official seal of office in accordance witfthMse Rules. (Sec. 10, Rule III)

Official Seal (Sec. 2, Rule VII)

Official Seal (Notarial Seal) underHiu 2004 Rules On Notarial

Practiceperson commissioned asnotary public shall have a seal offflcti, to be procured at his ownexpense, which shall. not bepossessed or owned by any otherperson It shall be of metal, tlfCUlar In shape, two inches in diameter, and shall have the name of the city or province and th wo rd Philippin es and h i i own name on the margin antJ {he roll of attorney's

ibor on the face thereof.With th words "notary public' Ureas the center, A mark,

or Impiession of such sealffllll b rrmde directly on thep ip t f or pnrchmnnt on which theWfltlng appears (Sec. 2 [a], Rule

t M ) _ ; ................................. _

Official Seal (Notarial Seal) under the]Old Law

Every person commissioned asnotary public shall have a seal ofoffice, to be procured at his ownexpense, which shall be affixed topapers officially signed by him. It shall be of metal and shall have the name of the province and the words Philippines and his own name engraved on the margin thereof, and the wo rds Notary Public across the center. Animpression of such seal directly onthe paper or parchment on whichthe writing is had shall be as validas if made on wax or wafer. (Sec.244, Rev. Adm. Code)

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in.1. When Official Seal can be affixed ?

The official sea] shall be affixed only at the time the notarial act isperformed and shall be clearly impressed by the notary public onevery page of the instrument or document notarized. (Sec. 2 [b],Rule VII)

Sea! Image. The notary public shall affix a single, dear, legible,permanent, and photographically reproducible mark, image orimpression of the official seal beside his signature on the notarial

certificate of a paper instrument or document. (Sec. 3, Rule VII)19.2. Where should the official seal be kept?

When not in use, the official seal shall be kept safe and secureand shall be accessible only to the notary public or the a person dulyauthorized by him. (Rule VII, Sec. 2 [c])

19 3. What should the no tary do if his off ici al sea! is stol en,

lost, damaged or otherwise rendered unserviceable?

Within five (5) days after the official seal of a notary public is stolen,tost, damaged or other otherwise rendered unserviceable in affixing alegible image, the notary public, after informing the appropriate lawenforcement agency, shall notify the Executive Judge in writing,providing proper receipt or acknowledgment, including registered mail,and in the event of a crime committed, provide a copy or entry number

of the appropriate police record. Upon receipt of such notice, if found inorder by the Executive Judge, the latter shall order the notary public tocause notice of such loss or damage to be published, once a week forthree (3) consecutive weeks, in a newspaper of general circulation inthe city or province where the notary public is commissioned.( hereafter, the Executive Judge shall issue to the notary pubiic a newCertificate of Authorization to Purchase a Notarial Seal. (Sec. 2 [d],Rule VII)

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10, Notarial Certificates

20,1 What sh ou ld be stated in a Notarial Certi ficate?

I he* notarial certificate sha!! include the following:

(a) the name of the notary public as exactly indicated in thecommission;

(b) the serial number of the commission of the notary public;

(c) the words "Notary Public" and the province or city where thenotary public is commissioned, the expiration date of thecommission, the office address of the notary public; and

(d) the roll of attorney's number, the professional tax receipt numberand the place and date of issuance thereof, and the IBPmembership number. (Sec. 2, Rule Viil)

20 2, What are the pro hib itions imp osed by law regard ing no tarial

certificate?

A notary public shall not:

( m) execute a certificate containing information known or believed bythe notary to be false; ' ,

(b ) affix an official signature or sea! on a notarial certificate.incomplete. (Sec. 5, Rule IV)

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PART THREE

CHANGE OF STATUS, RESIGNATION, RENEWAL,REVOCATION OF COMMISSION, DISCIPLINARY SANCTIONS

11 Change of Status and Address

21.1. What to do in the event of change of name and address?

Within ten (10) days after the change of name of the notary. public.by court order or by marriage-, or after ceasing to maintain the

regular place of work or business, the notary public shall submit asigned and dated notice of such fact to the Executive Judge.

The notary public shall not notarize until:

(a) he receives from the Executive Judge a confirmation of the new, name of the notary pubiic and/or change of regular place of work

or business; and(b) a new sea! bearing the new name has been obtained.

The foregoing notwithstanding, until the aforementioned stepshave beeh completed, the notary public may continue to use the

[ former name or regular place of work or business in performingr notarial acts for three (3) months from the date of the change, which

may be extended once for valid and just cause by the ExecutiveI Judge for another period not exceeding three (3) months (Sec. 1,I Rule X)

Resignation

r f r 12.1 What to do in the event of resignation as a notary publi c? f i

23


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( hfuitfi: of Status, Resignation, Renewal, Revocation of Commission, Disciplinary Sanctions

A notary public may resign his commission by personallysubmitting a written, dated and signed formal notice to the ExecutiveJudge together with his notarial seal, notarial register and records.I Ifective from the date indicated in the notice, he shall immediatelyeoase to perform notarial acts. In the event of his incapacity topersonally appear*.the submission of the notice may be performedby his duly authorized representative. (Sec. 2, Rule X)

22.2 Publication Requirement i

The Executive Judge shall immediately order the Clerk ofCourt to post in a conspicuous place in the offices of the ExecutiveJudge and of the Clerk of Court the names of notaries public whohave resigned their notarial commissions and the effective dates oftheir resignation. (Sec. 3, Rule X)

2 .1 Rtmewal of Commission

23.1. When s hould a notary public apply fo r the renewal of his commission?

A notary public may file a written application with the ExecutiveJudge for the renewal of his commission within forty-five (45) daysbefore the expiration thereof. A mark, image or impression of theseal of the notary pubiic shall be attached to the application.

Failure to file said application will result in the deletion of thename of the notary public in the register of notaries public. (Sec. 13,puts. 1 and 2, Rule III)

212, Action on Applicat ion for Renewal of Commission

I ho l-'xecutive Judge shall upon payment of the application feementioned in Section 3 of the rule, act .on the application for therenewal ut ci commission within thirty (30) days from receipt thereof.If the application is denied, the Executive Judge shall state thertaeeng thoioloio. (Sec. 14, Rule HI)


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Change of Status, Resignation, Renewal, Revocation of Commission, Disciplinary Sanctions

Nwvocation of Commis sion and Admini str ative Sanct ion s

24 1. What are the grounds to revoke notarial co mm iss ion and administrative sanctions?

Revocation and Administrative Sanctions.

(a) The Executive Judge shall'revoke a notarial commission for anyground on which an application for a commission may be denied.

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

(1) fails to keep a notarial register;(2) fails to make the proper entry or entries in his notarial

register concerning his notarial acts;(3) fails to send the copy of the entries to the Executive Judge

within the first ten (10) days of the month following;(4) fails to affix to acknowledgments the date of expiration of his

commission;(5) fails to submit his notarial register, when filled, to the

Executive Judge;-(6) fails to make his report, within a reasonable time, to the

Executive Judge concerning the performance of his duties,as may be required by the judge;

(7) fails to require the presence of a principal at the time of the

notarial act;(8) fails to identify a principal on the basis of personalknowledge or competent evidence;

(9) executes a false or incomplete, certificate under Section 5,Rule IV; *

(10)knowingly performs or fails to perform any other actprohibited or mandated by these Rules; and

(11)commits any other dereliction or act which in the judgment ofthe Executive Judge constitutes good cause for revocation of

commission or imposition of administrative sanction.

25


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t hmigc of Status, Resignation., Renewal, Revocation of Commission, Disciplinary Sanctions

(


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I hihes of an Executive judge under the 2004 Rules on Notarial Practice

The authorization shall be in effect for a period of four (4)years from the date of its Issuance and may be renewed by the

Executive Judge for a similar period upon payment of theauthorization fee mentioned in the preceding paragraph. (Sec. 4lc], Rule VI!)

28.3. Prosecution of Complaints Related to Notary Public. The Executive Judge shall cause the prosecution of any person who:

(a) knowingly acts or otherwise impersonates a notary pubiic;(b) knowingly obtains, conceals^, defaces,. or destroys the sea

notarial register, or official records of a notary public; and(c) knowingly solicits, coerces, or in any way influences a notar

public to commit official misconduct. (Sec. 1,. Rule XII)

26.4. Supervi sio n and Monito ring o f Notaries Public - The Execu tive Judge shall at all times exercise supervision over notaries public and shall closely monitor their activities. (Sec. 2, Rule XI)

f 1, OTHER DUTIES \

27.1. Reports to the Supreme Court. - The Executive Judgeconcerned shall submit semeStral reports to the Supreme Court on discipline and prosecution of notaries public. (Sec.2, Rule XII) i

27.2. Inform ation and Data to the Office o f the Court Administrator. The Executive Judge shall furnish the Office of the Court Administrator information and data recorded in the regis ter of notaries public.

( I , UT IE8 OF COURT ADMINISTRATOR

W N t are the duties of the Court Administrator?

The Office of the Court Administrator shall keep a permanent, SSmpiite and updated database of such records. (Sec. 12, Rule III)

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PART FIVE

VENDOR OR MANUFACTURER OF NOTARIAL SEALS

, Obtaining and Providing Seal. - (a) A vendo r or m anufactu rer of notarial seals may not sell said product without a written authorization from the Executive Judge. (Sec. 4, Rule VII)

29.1. Procedure

(a) Upon written application and after payment of the application fee,the Executive Judge may issue an authorization to sell to avendor or manufacturer of notarial seals after verification andinvestigation of the latter's qualifications. The Executive Judgeshall charge an authorization fee in the amount, of PhP4,000 forthe vendor and PhP8,000 for the manufacturer. If a manufactureris also a vendor, he shall only pay the manufacturer'sauthorization fee.

19.2. Effectivity

(b) The authorization shall be in effect for a period of four (4) yearsfrom the date of its issuance and may be renewed by theExecutive Judge for a similar period upon payment of the

authorization fee mentioned in the preceding paragraph.

29.3. Selling

(c) A vendor or manufacturer shall not sell a seal to a buyer exceptupon submission of a certified copy of the commission and theCertificate of Authorization to Purchase a Notarial Sea! issued bythe Executive Judge. A notary public obtaining a new seal as a

result of change of name shall present to the vendor ormanufacturer a certified copy of the Confirmation of the Changeof Name issued by the Executive Judge.

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Vendor or Manufacturer o f Notarial Seals

2D.4. Only One Seal

(d) Only one seal may be sold by a vendor or manufacturer for eachCertificate of Authorization to Purchase a Notarial Seal.

29.6. AfterSale

(e) After the sale, the vendor or manufacturer shall affix a mark,image or impression of the seal to the Certificate of Authorization

to Purchase a Notarial Seal and submit the completed Certificateto the Executive Judge. Copies of the Certificate of Authorizationto Purchase a Notarial Seal and the buyer's commission shall bekept in the files of the vendor or manufacturer for four (4) yearsafter the saie.

29,6. In Case of Change of Name.

(f) A notary public obtaining a new seal as a result of change ofname shall present to the vendor a certified copy of the orderconfirming

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PART SIX

COMMISSIONING AND NOTARIAL ACTS WITH

SUGGESTED FORMS

{Suggested by Justice Regalado E. Maambong )

Form of Petition and Supporting Documents (Sec. 2, Rule ill [Com mis sion ing of Notary Publ ic])

IN THE PETITION FOR COMMISSION AS NOTARY PUBLIC IN AND FOR

THE CITY OF MANILA

JUAN DELA CRUZ Petitioner

PETITION FOR COMMISSION AS NOTARY PUB LIC

litloner, to this Honorable Court, respectfully alleges that:

Hi* is of legal age; having been born on January 2, 1972, married, Filipinot.ili/en, presently residing at No. 32 Gelinos Street, Sampaloc, Manila, withMuphone No. 520-00-11 with business postal address at 2/F Sky Tower,f rrmta, Manila. The location sketch of the petitioners office is attachedand marked as Annex A hereof;

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Commissioning and Notarial Acts with Suggested Forms

1le has been admitted to the practice of taw in the Phiiippines as shown bthe Certificate of Admission to the Philippine Bar, which contains thpetitioner's Roll, of Attorney No. 1234. A copy of the Certificate cAdmission to the Philippine Bar is attached and marked as Annex UB hereof;

Ho is a member of good standing of the Philippine Bar as shown by thclearance issued by the Office of the Bar Confidant-of the Supreme Cour

a copy of which is attached and marked as Annex C hereof;

Ho is likewise a member of good standing of the integrated Bar of th]Philippines. A copy of the receipt showing payment of the correspondinjcut rent membership dues is attached and marked as Annex D hereojAlso attached and marked herewith as Annex E is the Certificatepetitioners good moral character issued by-Attys. ___ _ a n d __ Presidedand Secretary, respectively, of IBP Manila Chapter lit;

Ho has paid his professional tax for the year 2005 as shown by ttProfessional Tax Receipt No. 12345 dated January 4, 2005 issued byCity of Manila which is attached and marked as Annex UF hereof;

His l ax identification No. (TIN) is 222-111-00;

I to has all the qualifications and none of the disqualifications for the Officof Notary Pubiic; t

Hi? has never been charged nor convicted of any crime involving mor^turpitude;

H i has no commission as notary public in any other jurisdiction;

H i ha i ill ached hereto in a separate sheet of paper specimen of hiofficii! signatures and marked as Annex G and made an integral pa|Hftftof; and

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1 llo has likewise attached hereto his three (3) passport size colorphotographs each bearing his signature on the bottom part thereof.

WHEREFORE, petitioner respectfully prays that he be granted a notariatcommission in and for the City of Manila for the year 200_ and for the termending December 31, 200^, and that he accordingly be issued a Certificateof Authorization to Purchase a Notarial Seal.

Manila, 05 January 200__.JUAN DELA CRUZ

Petitioner

VERIFICATION

Republic of the Philippines)City of Manila ) SS

I, JUAN DE LA CRUZ, Filipino, of legal age, married and a residentnl _______ after having been duly sworn to in accordance with law,hereby depose and say:

1. That I am the petitioner in the above-entitled petition;2. That I prepared the contents thereof; and3. That to the best of my personal knowledge all the

allegations therein are true and correct.

IN WITNESS WHEREOF, I have hereunto affixed my signature this _ day o f _________ , 200_, in the City of Manila, Philippines.

JUAN DE LA CRUZPetitioner-Affiant

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( 'nun Missioning and Notarial Acts with Suggested form s

SUBSCRIBED AND SWORN TO before me in the City of Manilathii day o f ________ , 200_ by JUAN DELA CRUZ, personally known tome who ib the same person who personally signed before me the foregoingpetition sind acknowledged that he executed the same.

Notary PublicUntil December 31, 20G

PTR # 1234/Manila/Jan. 5, 200Roll of Atty. No. _IBP No. _______

(Address o f Notary Public)

pot: No 1;F ign No 1;look No I;

o f ? ( ) 0 _ .

(Nete If ttie petitioner-affiant is not personally known to the Notary Public,i lh i r appropriate Jurat forms will be used.(refer to the different oath oritflffriution forms which will follow]

If the identity of the petitioner-affiant is not personally known to

Notary Public or not through a valid ID but through one or two identifyiirtdiblo witness/es, the oath or affirmation of the witnesses will be addedtetheJmat.

I he question is: will the oath or affirmation of the witnessesto b notnn/od, or is the signature of the Notary Public in the certificationth it tbg witnesses avowed under penalty of the law to the whole truth oflh fHpntentfi of ttieir oath or affirmation enough?).

N,0. A copy of the proof of payment of the filing fee should beip fli f td id to the Petition for Commission/Appointment. ObserveffijU ifim enm of a pleading as to size of paper, margin, spacing, etc.


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1 Not ic e o f Hearin g (Sec. 5, Rule HI, form in clud ed in the Rules)

|1 Oppos itio n to Petition {Sec. 5, Rule II!, Comment : no form is necessary but it must conform to the rules on pleading)

| | I orm of Notarial Comm ission (Sec 7, Rule SIS, form included in the Mutes)

M Certifi cate of Aut ho rizatio n to Purchase a Notarial Seal (Sec, 9, RuleIII, form inc lud ed in the Rules)

;. Certi ficate of Autho rit y to Sell/Manufac tu re Not arial Sea! (Sec. 4 [b], Rule VN)

This Certificate of Authority to selI/manufacture notarial seal isItrioby granted to NOTARIO & SONS, INC., after verification andinvestigation of its qualifications conducted after filing of its writtenapplication and payment of the application fee. This authority is effectiveupon payment of the vendor/manufacturer authorization fee and shall be in

fftict for a period of four (4) years from the date of issuance which may ber ^ renewed for a similar ;period upon payment of the authorization fee.'[f>y i City of Manila, Philippines, _________ , 200__.U

JUAN DE LA CRUZExecutive Judge

It Cortificate of Aut hor ity for a Notarial Act Evidencin g the Aut hentic ity fit the Offic ial Seal and Signatu re of Notary Public (Sec. 1, Rule IX, form inc lud ed in the Rules)

NOTARIAL ACTS

'* What are Not arial Acts .

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c 'oHunissummg and Notarial Acts with Suggested forms

1 Acknowledgment (Sec. 1, Rule II);2 Jurat (Sec. 6, Rule II);3: Affirmation or Oath (Sec. 2, Rule II);4. Copy Certification (Sec. 4, Rule II); ft Signature Witnessing (Sec. 14, Rule II) ;

Certificate to the Affixing of Signature by Thumb or Other Mark onInstrument or Document for Notarization (Sec. 1 [b], Rule IV);and

1 Authority o f Notary Public to Sign on Behalf of a Person PhysicallyUnable lo Sign or Make a Mark on Instrument or Document. (Sec. [cl RijIo IV)

| Provision Applicable to Acknowledgment or Jurat Competentj Evidence of Identity (Sec. 12, Rule II)

! Ac kno wledgm ent (Section 1, Rule li)

A. Pr incipal Personal ly Known to Notary Public or With Valid ID.

39.1 First Form; Princip al personally kno wn to Notary Public

BEFORE ME, a Notary Public in and for the City o^Manila, this 4th day of November, 200_, personally appearecJUAN DELA CRUZ, personally known to me to be the persorwho voluntary executed the foregoing (name o f document) which]he acknowledged before me as his free and voluntary act amdeed and that of (name of principal) whom he represents ashis/its (Attorney-in-fact/Chairman/President/General Manager\ with full authority to sign in that capacity.

WITNESS MY HAND AND SEAL, this 4th day o\ November, 200_ in the City of Manila.

Notary PublicUntil December 31, 200_

PTR No. 12345; Manila, January 3, 200_Rot! of Attorney No._______________

IBP No. ; -

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Doc. No. 1;Page No. 1;Book No. I;Series of 200__.

ISSUE : Is the oath or affirm ation of the princ ipal still required?

OPINION : No, he already sign ed the main do cu m ent and he is known to Notary Public

39.2 Second Form: With Valid ID (Princ ipal iden tifi ed by the Notary Public through one current identification document issued by an official agency bearing the photograph and signature of the individual like driver s license, passport, etc.)

BEFORE ME, a Notary Public in and for the City ofManila, this 4th day of November 200_, personally appearedJUAN DELA CRUZ, who has satisfactorily proven to me hisidentity through his Non-Professional Drivers License No. 12345

valid until December 5, 200_, that he is the same person whoexecuted and voluntarily signed the foregoing (name of document) which he acknowledged before me as his own freeand voluntary act and deed and that of (name of principal) whom he represents as his/its (Attorney-in- fact/Chairman/President/General Manager) with full authority tosign in that capacity.

ISSUE : Is th e oath or affirmatio n of the princip al still

required?OPINION : No, he already signed the main document, and he

has a valid ID.

I , Principal not Person ally Known to Notary Public & With no valid ID.

39.3 Third Form: Principal identified by one credible witness. Requirements: (1) the witness is known personally by the Notary Public; (2) the witn ess knows person ally the

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('ommissioning and Notarial Acts with Suggested Forms

principal; (3) the witness is not privy to the instrument, document or transaction; and (4) oath or affirmation of the witness.

BEFORE ME, a Notary Public in and for the City ofManila, this 4th day of November 200_, personally appearedJUAN DELA CRUZ, who has satisfactorily proven to me hisidentity through MARIA B, SANTOS, who is personally known tome and who personally knows the principal, that he is the sameperson who executed and voluntarily signed the foregoing (name of document) which he acknowledged before me as his own freeand voluntary act and deed and that of (name of principal) whom he represents as his/its (Attorney-in- fact/Chairman/President/General Manager) with full authority tosign in that capacity.

Add:

Oath or Affirmation of the Witness fSee subsequent form 1Not the principal who already signed the main document (opinion), and he is identified by a witness.

39.4 Fourth Form: Principal is identifi ed by two credib le witnesses. Requirements: (1) the witnesses each personally

knows the principal; (2) both witnesses show to the Notary Public their documentary identification; (3) both witnesses are not privy to the instrument, document or transaction, and (5) Oath or Affirmation of both witnesses.

BEFORE ME, a Notary Public in and for the City ofManila, this 4th day of November, 200_, personally appearedJUAN DELA CRUZ, who has satisfactorily proven to me his

identity through:EXPIRY DATE

Jos*! A. Santos with Drivers License No. 1111 Nov. 10, 2005Mnrio B Reyes with Drivers License No. 2222 Feb. 8, 2006


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Comniissiuimig and Notarial Acts with Suggested Forms

both of whom personally know the principal; that he is the sameperson who executed and voluntarily affixed his signature on theforegoing Deed of Sate of Motor Vehicle which he acknowledgedbefore me as his own free and voluntary act and deed and thatof (name of principal) whom he represents as his/its (>Mtorney- in-fact/Chairman/President/General Manager) with fuil authorityto sign in that capacity.

Add:Oath or Affirmation of the Witnesses fSee

subsequent form], not the principal who already signed the main document (opinion), and he is identified fay the witnesses.

Under Rule 902 of the Federal Rules of Evidence (Self-Authentication), the following is provided:

"Extrinsic evidence of authenticity as a condition

precedent to admissibility is not required with respect to thefollowing:x x x x x x x x x x x x

(8) Acknowledged documents. Documentsaccompanied by a certificate of acknowledgment executed in themanner provided by law by a notary public or other officerauthorized by law to take acknowledgments.

Under Rule 903 of the U.S. Federal Rules on Evidence{Subscribing Witness' testimony Unnecessary), it is provided:

The testimony of a subscribing witness is not necessaryto authenticate a writing unless required by the laws of the

jurisdiction whose laws govern the validity of the writing.

40= Jurat (Sectio n 6, Rule II)

The Affiant is identified In a similar manner as the four (4) nituations in the case of Acknowledgment

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AffiantID.

Personaliy Know n to Notary Public OR With Valid

40 1 Firs t Form: Aff iant personally known to Notary Public

SUBSCRIBED AND SWORN to before me in the City ofManila this 4th day of November 200_ by JUAN DELA CRUZ,

personally known to me, who is the same person who personallysigned before me the foregoing affidavit and acknowledged thatfie executed the same.

Doc. No. .Page No.Book No. ISeries of 200

NOTARY PUBLICUntil December 31, 200_

PTR No. 5648/ Manila/ Jan. 5, 200,Roli of Atty. No. . _________

IBP No. __________

'[Address of Notary Public]

ISSUE : Is the oath or affirm ation o f the pri nc ipal still

required?OPINION : No, he already signed the main do cum ent , and is known to the Notary Public.

40,2 Second Form: With Valid ID (Affiant ident ified by the Notary Public through one current identification document issued by an official agency bearing the photograph and signature of the individual like drivers license, passpor t, etc.)

SUBSCRIBED AND SWORN to before me in the City ofManila this 4th day of November 200_ by JUAN DELA CRUZ,who has satisfactorily proven his identity to me through his Non-Professional Drivers License No. 1245 valid until December 5,200 that he is the same person who personally signed theforegoing affidavit before me and acknowledged that he

l d th


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40.3 Second Form: With Valid ID (Affiant iden tif ied by the Notary Public through one current identification document issued by an official agency bearing the photograph and signature of the individual like drivers license, passport, etc.)

SUBSCRIBED AND SWORN to before'me in the City ofManila this 4th day of November 200_ by JUAN DELA CRUZ,who has satisfactorily proven his identity to me through his Non-Professional Drivers License No. 1245 valid until December 5,2Q0_, that he is the same person who personally signed theforegoing affidavit before me and acknowledged that heexecuted the same.

ISSUE : Is the oath or affirmatio n of the prin cipal sti ll required?

OPINION : No, he already s igned the main do cu ment , and

he has a valid ID.

H. Aff iant no t Personally Known to Notary Public & With no valid ID.

40.4 Third Form: Affiant identified by one credible witness. Requirements: (1) the witness is known personally by the Notary Public; (2) the witness knows personally the affiant;(3) the witn ess is not privy to the inst rum ent, doc um ent or t ransact ion; and (4) oath or aff i r m at io n o f the witness .

SUBSCRIBED AND SWORN to before me in City ofManila this 4th day of November 200_ by JUAN DELA CRUZ,who has satisfactorily proven to me his identity through MARIAB. SANTOS, who is personally known to me and who personallyknows the principal, that he is the same person who executedand personally signed the foregoing affidavit before me andacknowledged that he executed the same.

Add:Oath or Affirmation of the Witness fSee subsequent

form]. Not the affiant who already signed, and is identified by one witness.

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Cntnmisfiioning and Notarial Acts with Suggested Forms

40,5 Fourth Form: Aff iant is identified by tw o cr edible wi tness es.Requirements: (1) the witnesses each personally knows the affiant; (2) both witnesses show to the Notary Public their documentary identification; (3) both witnesses are not privy! to the instrument, document or transaction, and (5) Oath or; Aff irmation of both witn esses.

SUBSCRIBED AND SWORN to before me in the City of]Manila this 4th day of November, 200_ by JUAN DELA CRUZ,who has satisfactorily proven their identification to me, through:

EXPIRY DATE]Jose A. Santos with Drivers License No. 1111 Nov. 10, 2005Mario B. Reyes with.Drivers License No. 2222 Feb. 8, 2006

who personally know the principal, to be the same person who]executed and personally signed the .foregoing affidavit before mejand acknowledged that he executed the same.

Add:

Oath or Affirmation of the Witnesses [Seel sub sequent form 1. Not the affiant w ho already sig ned , and is j identified by two w itnesses.

Affirmat ion or Oath (Section 2, Rule II)

FORM

WE, JOSE A SANTOS and MARIO B. REYES, both of legal age,}citizens, married, residents of 32 Gelinos St., Sampaloc, Manila

BHd 20 l nngit St., Sampaloc, Manila, respectively, affirm under the penalty]f liw , Hint the following statements are true:

1 I fiat Juan dela Cruz, the (principat/a ffi ant/pre sen tor/signor)\ (making the acknowledgment/executing the affidavit/presently jsigning the instrument or documentj is the same person!named in the (instrument or document |cInscribe d/a ffida vit/instrument or document presen te d );


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2. That Juan dela Cruz is personally known to the undersigned

witnesses;3. That Juan deta Cruz does not possess a current identificationdocument issued by an official agency as "required in Sec. 12(a), Rule II of the 2004 Rules on Notarial Practice;

4. That it is the reasonable belief of the undersigned witnessesthat due to Juan dela Cruzs circumstances {name thecircumstances} it would be very difficult or impossible for himto obtain the required official identification document;1

5. That the undersigned witnesses are not privy to the

(instrument, document or transaction/affidavit/instrument or document presented and signed); and6. That the undersigned witnesses have presented their

respective vaiid identification documents issued by an officialagency, to wit:

Jose A. Santos with Drivers License No. _____ Valid Until ___Mario B. Reyes with Driver's License No. Valid Until ____

IN WITNESS WHEREOF, we have hereunto affixed our signatures this 4th day of November 200__, in the City of Manila, Philippines.

(Sgd.) JOSE A. SANTOS (Sgd.) MARIO B. REYESWitness Witness

I hereby certify that I have personally examined the above-named witnesses and they avowed under the penalty of iaw to the wholeImth of the contents of the ( oath/affirmation ) they executed.

SUBSCRIBED AND SWORN to before me, etc.

lift*) No. ) (c and d), Art. 3, Civil Code of California, 1989 Compact Edition.


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City of Manila, Philippines, November _ __ 200_.

NOTARY PUBLIC. Until December 31, 200_

PTR No. 5648/Manila/ Jan. 5, 200.Roil of Atty. No, _ _ _ _ _ _

IBP No.[Address o f Notary Public]

Doc. No. 1;Page No. 1;Book No. I;Series of 200 .

Note: If there is only one (1) witness change the wording accordingly.

Question: Is the certification o f the Notary Public to th e oath Or affirmation enough without assigning a Document, Page, or Book No . In the no tarial register?

Opinion: Yes, in the certification o f the no tary pu blic hetioea not have to indicate a document number, page number, book number, and series of his notarial register because of his 0 mm ission.

t Copy Certification (Section 4, Rule II)

CERTIFICATION

I his is to certify th a t! was presented with a _____ (state$ # inBUunmnt or document) which is neither vital record, a public record,per publicly recordable; that I copied/supervised the copying of the. {instrument or document)', and that i compared the copied.

__ (instrument or document) with the original copy and I hereby-iir ii fy that tlio copy is accurate and complete.

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NOTARY PUBLIC

Until December 31, 200__PTR No. 5648/ Manila/Jan. 5, 20GRoll of Atty. No. ______ _

IBP No. _______ __________ -[Address o f Notary Public]

Question: Is the signature of the Notary Public enough without assigning a Document Page, or Book No. in the notarial register?

Opinion : Yes, no need (see previo us answ er to samequestion). Obviously; a Notary Public cannot swear before himself and he is actin g as Notary Public.

Signature Witn ess in g (Section 14,-'Rule II)

Document Presentor/Signor Personally Known to

Notary Public OR With Valid ID

43.1 First Form: Presentor/Signo r personally know n to Notary Public

BEFORE ME, a Notary Public in and for the City of Manila,this 4th day of November, 200_, personally appeared JUAN DELACRUZ, personaily known to me to be the person who presented the foregoing (name of document) which he voluntarily signed in my presence.

WITNESS MY HAND AND SEAL, this 4th day ofNovember, 200_ in the City of Manila.

Notary PublicUntil December 31, 200_

PTR No. 12345; Manila, January 3, 200.Roll of Attorney No. ______________ __IBP No. __________________________

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i.jnnwtssiorung and Notarial Acts with Suggested Forms

Doc No 1;Pmjo No. 1;Rook No I;Sfr i o s of 200.

ISSUE: is the oath or affir mation of thePresentor/Signor still required? No {opinion, see previous answer)

43,2 Socond Form: With Valid Ip (Presentor /Sign or identi fied bythe Notary Public through one current identification document Issued by an official agency bearing the photograph and signature of the individual like drivers license, passport, etc.)

BEFORE ME, a Notary Public in and for the City of Manila,this 4th day of November 2Q0, personally appeared JUAN DELA

CRUZ, who has satisfactorily proven to me his identity through hisNon-Professional Driver's License No. 12345 valid until Decemberft, 200_, that he is the same person who presented the foregoing(name of document) which he voluntarily signed in my presence.

ISSUE: Is the oath or affirmation of thePresentor/Signor required? No. (opinion, see previous answer)

Presentor/Signor not Personally Known to Notary Public & With no valid IP.

43 3 Third Form: Presentor/Signor identified by one credible witness. Requirements: (1) the witness is known personally by the Notary Public; (2) the witness knows personally the principal; (3) the witness is not privy to the instrument, document or transaction; and (4) oath or affirmation of the witness.

6


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BEFORE ME, a Notary Public in and for the City of Manila,

this 41h day of November 200_, personally appeared JUAN DELACRUZ, who has satisfactorily proven to me his identity throughMARIA B. SANTOS, who is personally known to me and whopersonally knows the principal, that he is the same person whopresented the foregoing (name of ' document ) which he voluntarily signed in my presence.

(Add: Oath or Affirmation of the Witness but not the presentor/signor [See previous form )\

43.4. Fourth Form: Presentor/Signor is identified by two credible witnesses. Requirements: (1) the witnesses each personally knows the principal; (2) both witnesses show to the Notary Public their documentary identification; (3) both witnesses are not privy to the instrument, document or transaction, and (5) Oath or Affirmation of both witnesses.

BEFORE ME, a Notary Public in and for the City of Manila,this 4th day of November, 200_, personally appeared JUAN DELACRUZ, who has satisfactorily proven to me his identity through:

EXPIRY DATEJose A. Santos with Drivers License No. 1111 Nov. 10, 2005Mario B, Reyes with Driver's License No. 2222 Feb. 8, 2006

both of whom personally know the principal, that he is the same

person who presented the foregoing Deed of Sale of MotorVehicle which he voluntarily signed in my presence.

(Add: Oath or Affirmation of the Witnesses but not the presentor/signor fSee previous form ])

Certifi cate of the Notary Public to the Affixing of Signature by Thum b or Other Mark on Inst rum ent or Document fo r Notarization (Section 1 (b), Rule IV)

47


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(Thumbmark) JUAN DELA CRUZ

(Sgd.) Maria B. Santos (Sgd .) Jo se C. Reyes

"thumbmark affixed by Juan Dela Cruz in the presence of Maria B.Santos a resident of. 5 Langit Street,. Sampaloc Manila and Jose C.Nwyoii, aresident of 22 Maria Clara St., Sampaioc, Manila and theundersigned Notary Public

(Sgd.) Notary Public

Add;

Appropriate Acknowled gmen t or Certificat ion or Acknowled gmen t o f Notary Public as to thumbmarking by principal in th prosence o f wi tnesses.

Then Add:

Form of Acknowledgment but put who thumbmarked the foregoing instrument

Oath or Affirmation o f Witnesses as to their presence when the Principal thumbmarked is required.

. Authority of Notary Public to Sign on Behalf of a Person Physically Uftibte to Sign or Make a Mark on an Instrument or Document ( le e t lo n l [c), Rule IV)

"Signature affixed by Notary in the presence of Maria B. Santos, aof 60 Langit St., Sampaloc Manila and Jose C. Reyes, a resident

* i f !|1 Marla Clara St., Sampaloc, Manila

(Sgd.)Pedro M. Santiago (Notary Public)


49/51

Commissioning and'Notarial Acts with Suggested Forms

For: JUAN DELA CRUZ

(Sgd.)Maria B. Santos (Sgd.) Jose C. Reyes

Add:Oath or Affirmation of Witnesses as to their presence when

the Notary Public Signed as Author ized by the Principal.

Then Add: - Appropriate Acknowled gmen t of Notary Public, as follows:

Republic of the Philippines) . City of Manila ) S.S. ' v.

ACK NOWLEDGMENT(Sample)

BEFORE ME, a Notary Public in and for the City of Manila,personally appeared JUAN DELA CRUZ, personally known to me to be

the person who voluntarily executed and who directed the undersignedNotary Public to sign the foregoing instrument in his behalf, as witnessedby MARIA B.-SANTOS of 55 Langit St., Sampaloc, Manila and JOSE C.REYES, a resident of 22 Maria Clara St., Sampaloc, Manila, who affixedtheir respective signatures above. And the undersigned Notary doesfurther certify that JUAN DELA CRUZ acknowledged before me that this(name of instrument) is his own free and voluntary act and deed.

NOTARY PUBLIC

Commission No. __________ _ _Until December 31, 200_PTR No. ___ / (Place) / (Date)

Rol! of Atty. No._______________ IBP No. _________ .

[Address o f Notary Public)H i m : No 1;1 i k i o No . 1:Hook No. I; Of 2Q0_

Nolo No need to assign document number, page number, book number and series of notarial certificate(opinion)

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4, Form fo r Issuance of Certified True Copies of Notarial Record o r Part Thereof of a Notary Public (Section 6, Rule VI)

CERTIFICATION

This is to certify that this document is a true copy of the notarialmcoid (or part thereof) of the undersigned Notary Public. t -

City of.Manila, Philippines, (date of issue)

Notary PublicCommission No. ____________

Until December 31, 200_PTR No. _ ___ / (Place) / (Date)

Roii of Atty. No. _________

jIBP No. ' ________________ j[Address of Notary Public]

Note: It is suggested that this certification may be attached tc the document being certified or in line with the usuai practice it isrubber stamped on the certified document itself and signed by theNotary Public. The Notary Public does not have to indicate the documen

number, page number, book number or series of his notarial register. HeIs signing as Notary Public and he cannot subscribe to himself.

47, THE NOTARIAL SEAL

47,1 Previous Seal: Sample


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47.2 Presen t Seal: Samp le

What is added in present seal: Only Attorneys Roll Number

& Notarial Certi fi cate (Form and Contents: Sec, 8, Rule II; Secs, 1 & 2, Rule VIII)

48.1. Notarial Certifi cate. - Notarial Certific ate refers to the part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notarys signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules. (Sec. 8, Rule II)

48.2. Form of Notarial Certif icate