2004 Rules on Notarial Practice Flashcards
What is an acknowledgement
Refers to an act in which an individual on a single occasion:
A. Appears in person before a notary public and presents an integrally complete instrument or document;
B. Is attested to be personally known to the notary public or is identified by the notary public through competent evidence of identity as defined by these Rules;
C. Represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and if he acts in a particular representative capacity, that he has the authority to sign in that capacity.
What is an Affirmation or Oath
Refers to an act in which an individual on a single occasion:
A. appears in person before the notary public;
B. Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules;
C. Avows under penalty of law to the whole truth of the contents of the instrument or document
Commission
Refers to the grant of authority to perform notarial acts and to the written evidence of the authority.
Copy Certification
Refers to a notarial act in which a notary public:
A. Is presented with an integrally complete instrument or document that is neither a vital record, a public record, nor publicly recordable;
B. Copies or supervises the copying of the instrument or document
C. Compares the instrument or document with the copy; and
D. Determines that the copy is accurate and complete
Notarial Register
Refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public.
Jurat
Refers to an act which an individual on a single occasion:
A. Appears in person before the notary public and presents an instrument or document;
B. Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules;
C. Signs the instrument or document in the presence of the notary; and
D. Takes an oath or affirmation before the notary public as to such instrument or document.
Notarial Certificate
The part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary’s signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules.
Notary Public and Notary
Refer to any person commissioned to perform official acts under these Rules
Principal
A person appearing before a notary public whose act is subject of notarization
Regular Place of Work or Business
Stationary office in the city or province wherein the notary public renders legal and notarial services
Competent Evidence of Identity
Refers to the identification of an individual based on:
A. At least one current identification document issued by an official agency bearing the photograph and signature of the individual; such as but not limited to;
- Passport
- Driver’s license
- Professional Regulation Commission ID
- National Bureau of Investigation 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
- Certification from the National Council for the Welfare of Disabled Persons
- Department of Social welfare and development certification.
B. The oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification
Official Seal or Seal
A device for fixing a mark, image or impression on all papers officially signed by the notary public conforming the requisites prescribed by these Rules
Signature Witnessing
A notarial act in which an individual on a single occasion:
A. Appears in person before the notary public and presents an instrument or document;
B. Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these rules;
C. Signs the instrument or document in the presence of the notary public
Qualifications for Commission as a Notary Public
- Citizen of the Philippines;
- Over 21 years old;
- Resident for at least one year and maintains a 4. regular place of work or business in the city or province where the commission is to be issued;
- Member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the SC and IBP;
- Must not have been convicted in the first instance of any crime involving moral turpitude
What do you mean when the petition must be verified
Verification is an averment by the party making a pleading that he is prepared to establish the truth of the facts which he has pleaded. A pleading is verified by an affidavit stating that the person verifying has read the pleading and that the allegations thereof are true of his own knowledge. Verification based on “information and belief,” or upon “knowledge, information and belief” shall be deemed insufficient.
