NOTARY PUBLIC Flashcards
What is a notary public?
A person appointed by the court whose duty is to attest to the genuineness of any deed or writing inorder to render them available as evidence of facts stated therein and who is authorized by the statute to administer various oaths.
What are the qualifications of a Notary Public
QUALIFICATIONS OF A NOTARY PUBLIC
- Must be citizen of the Philippines
- Must be over twenty-one (21) years of age
- 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
- Must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines
- Must not have been convicted in the first instance of any crime involving moral turpitude (Rule III, Section 1)
What is the jurisdiction of a notary public
A 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 on the 1st of January of the year in which the commissioning is made UNLESS earlier revoked or the notary public has resigned according to these Rules and the Rules of Court (Rule III, Section 11).
What are the powers of a notary publci
A notary public is empowered to do the following acts: (JAOSAC)
- Acknowledgments;
- Oaths and affirmations;
- Jurats;
- Signature witnessings;
- Copy certifications; and
- Any other act authorized by these Rules.
Circumstances when a notary public is authorized to certify the affixing of a signature by thumb 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 (2) disinterested and unaffected witnesses to the instrument or document;
- Both witnesses sign their own names in addition to the thumb or other mark;
- The notary public writes 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”, and
- The notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat or signature witnessing.
When is a notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document
- The notary public is directed by the person unable to sign or make a mark to sign on his behalf;
- The signature of the notary public is affixed in the presence of two (2) disinterested and unaffected witnesses to the instrument or document;
- Both witnesses sign their own names;
- The notary public writes below his signature: “Signature affixed by notary in the presence of (names and addresses of person and two (2) witnesses)”, and
- The notary public notarizes his signature by acknowledgment or jurat (Rule IV, Section 1).
Limitations of a Notary Public
General Rule: A notary public shall not perform a notarial act outside his regular place of work or business.
Exceptions: A notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction:
a. Public offices, convention halls and similar places where oaths of office may be administered;
b. Public function areas in hotels and similar places for the signing of instruments or documents requiring notarization;
c. Hospitals and medical institutions where a party to the instrument or document is confined for treatment; and
d. Any place where a party to the instrument or document requiring notarization is under detention.
When shall a person not perform a notarial act
- the person involved as signatory to the instrument or document-
a. Is not in the notary’s presence at the time of the notarization; and
b. Is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules (Rule IV, Section 2). - the certificate containing an information known or believed to be false; and
- he shall not affix an official signature or seal on a notarial certificate that is incomplete (Rule IV, Section 5).
When a Notary Public is disqualified from performing a notarial act
If he is :
1) Is a party to the instrument or document;
2) Will receive, as a direct or indirect result any commission, fee, advantage, right, title, interest, cash, property, or other consideration, except as provided that is to be notarized;
3) Is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree (Rule IV, Section 3).
When notary public may refuse to notarize even if appropriate fee is tendered:
1) When the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral.
2) When the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former’s knowledge of the consequences of the transaction requiring a notarial act.
3) If in the notary’s judgment, the signatory is not acting in his/her own free will (Rule IV, Section 4).
4) If the document or instrument to be notarized is considered as an improper document by these Rules.
When can a notarized document be considered an improper instrument
A blank or incomplete instrument or document OR an instrument or document without appropriate notarial certification is considered an Improper Instrument/Document (Rule IV, Section 6).
Contents of the concluding part of a NOTARIAL CERTIFICATES
1) The name of the notary public as exactly indicated in the commission;
2) The serial number of the commission of the notary public;
3) The words “Notary Public” and the province or city where the notary public is commissioned, the expiration date of the commission and the office address of the notary public; and
4) The Roll of Attorneys’ number, the Professional Tax Receipt number and the place and date of issuance thereof and the IBP Membership number (Rule VIII, Section 2).
Grounds for the Revocation of Commission
The Executive Judge shall revoke a commission for any ground on which an application for a commission may be denied.
In addition, the Executive Judge may revoke the commission of or impose sanctions upon any notary public who:
1) Fails to keep a notarial register;
2) Fails to make the appropriate 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 the principal at the time of the notarial act;
8) Fails to identify a principal on the basis of personal knowledge or competent evidence;
9) Executes a false or incomplete certificate under Section 5, Rule IV;
10) Knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and
11) Commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for the revocation of the commission or imposition of administrative sanction (Rule XI, Section 1).
What are the Punishable acts under the notarial law?
The Executive Judge shall cause the prosecution of any person who:
1) Knowingly acts or otherwise impersonates a notary public;
2) Knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and
3) Knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct (Rule XII, Section 1).
