Basic Concepts Flashcards
What is the meaning of “acknowledgement”?
It refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an integrally complete instrument or document;
(b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and
(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, declared 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. (Sec. 1, Rule II)
What is a Jurat?
Refers to an 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; and
(d) takes an oath or affirmation before the notary public as to such instrument or document. (Sec. 6, Rule II)
What is a Notarial Certificate?
Notarial Certificate refers to 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 the rules. (Sec. 8, Rule II)
What are the purpose 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 1)
What is a Jurat?
(a) appears in person before the notary public and presents an instrument;
(b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by theses 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. (Sec. 6, Rule II)
What is a Notarial Certificate?
It refers to 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 the rules.
What does a Notarial Certificate include?
(A) the name of the notary public as exactly indicated in the commission;
(B) the serial number of the commission of the notary public;
(C) the words “ Notary Public” and the province or city where the notary public is commissioned, the expiration date of the commission, the office address of the notary public; and
(D) the roll of attorney’s number, the professional tax receipt number and the place and date of issuance thereof, and the IBP membership number. (Sec. 2, Rule VIII)
What is a Notarial register?
Refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public (sec. 5, Rule II)
What is the meaning of the official seal?
Refers to circular metal device, two inches in diameter containing the mark, image or impression of the name of the city/province where the commission is issued and the word Philippines and the notary public’s name on the margin and the roll of attorney’s number on the face thereof, with the words “notary public” across the center, affixed on all papers officially signed by the notary public (Sec. 13, Rule II)
Who is a principal?
Principal refers to a person appearing before the notary public whose acts is subject of the notarization. ( Sec 10, Rule II)
What is competent evidence of identity?
(A) at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or
(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 and who personally knows the individual, or of to 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.
What are the qualifications to be commissioned notary public?
- must be a citizen of the Philippines,
- Must be over 21 years of age,
- Must be a resident in the Philippines for at least one year and maintains a regular place of work or business in the city or province and where the commission is to be issued,
- Must be a member of the Philippines bar in good standing with clearances from the office of the bar confidant of the Supreme Court and integrated bar of the Philippines,
- Must not have been convicted in the first instance of any crime involving moral turpitude.
What is the territorial jurisdiction and term of Notarial commission?
A person commissioned as notary public may perform notarial acts in any place with in the territorial jurisdiction of the commissioning court for a period of two years commencing the first day of January of the year in which the commissioning is made unless earlier revoked or notary public has resigned under the rules and the rules of court.
What are the powers of a notary public?
A. Empowered to perform notarial acts,
B. Authorized to certify the affixing of a signature by thumb or Mark on an instrument our documents presented for notarization.
C. Authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document.
When is a notary public authorized to certify affixing of a signature buy some or other mark on an instrument or document presented for notarization?
- The thumb or other Mark is affixed in the presence of the notary public and of two disinterested and unaffected witnesses to the instrument or document,
- Both witnesses sign their own names in addition to thumb or other mark,
- The notary public right below the thumb or other mark
“Thumb or other Mark affixed by (name of signatory by mark)
In the presence of (names and addresses of witnesses) and undersigned notary public, - The notary public notarizes the signature by thumb or other mark through acknowledgement, Jurat , or signature witnessing.
