COMM1SSIONING OF NOTARY PUBLIC Flashcards
Qualifications
SECTION 1. Qua/ificnticns. - A notarial commission may be issued by an
Executive Judge to any qualified person who submits a petition in accordance with these Rules.
To be eligible for commissioning as notary public, the petitioner:
( 1) must be a citizen of the Philippines;
(2) must be over twenty-one (21) years of age;
(3) must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or province where the commission is to be issued;
(4) must be a member of the Philippine Bar in good standing with
clearances from tile Office of the Bar Confidant of the Supreme
Court and the Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance of any crime
involving moral turpitude.
Period Of Validity of Certificate of Authorization to Purchase a
Notarial Seal
The Certificate of Authorization to Purchase a Notarial Seal shall
be valid for a period of three (3) months from date of issue, unless extended by the Executive Judge.
Official Seal of Notary Public
Every person commissioned as
notary public shall have only one official seal of office in accordance with these Rules.
Jurisdiction and Term
A person commissioned as notary
public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of
January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court.
When may Renewal of Commission be applied for?
A notary public may file a written
application with the Execwive Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. A mark, image or impression of
the seal of the notary public shall be attached to the application.
What is the nature of the proceeding for the petition for a notarial commission?
It is a summary hearing.
When shall a petition for a notarial commission be granted?
The Executive Judge shall
conduct a summary hearing on the 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 m:iu and fully understood these Rules.
The Executive Judge shall forthwith issue a commission and a Certificate
of Authorization to Purchase a Notarial Seal in favor of the petitioner.