Rules on Notarial Practice

Question 1

Who is considered notary public?

Answer 1

A notary public is one who is appointed by the Court whose duty is to attest to the genuineness of any deed or writing in order to render them available as evidence of the facts stated therein and who is authorized by statute to administer various oaths.

Legal Basis: EO 292

Question 2

What are the qualifications of a Notary Public?

Answer 2

1. Must be a FILIPINO-CITIZEN
2. Must be over 21 years old
3. Must be a resident of the Philippines for at least 1 year
4. Must maintain a regular place of work or business in the city or province where commission is to be issued
5. 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; and
6. Must not have been convicted in the first instance of any crime involving moral turpitude.

Legal Basis: Sec. 1, Rule III of the 2004 Rules on Notarial Practice

Question 3

How long is the term of office of a Notary Public? How about the Renewal?

Answer 3

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.

Legal Basis: Sec. 11, Rule III of the 2004 Rules on Notarial Practice
_______________________________

Renewal of Commission. —

A notary public may file a written application with the Executive Judge for the renewal of his commission within forty-five (45) days before the expiration thereof.

Legal Basis: Sec. 13, Rule III of the 2004 Rules on Notarial Practice

Question 4

Criminal Sanctions

Legal Basis: Sec. 1, Rule XI

Answer 4

The Executive Judge shall cause the prosecution of any person who:

1. Knowingly or otherwise impersonates a notary public.
2. Knowingly obtains, conceals, defaces or destroys seal, notarial register or official records of the notary public.
3. Knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct.

Question 5

Administrative Sanctions

Answer 5

The Executive Judge may motu proprio initiate administrative proceedings against a notary public and impose the appropriate administrative sanctions on the grounds for revocation of commission mentioned.

Legal basis: Section 1 (d), Rule XI

An order imposing disciplinary sanctions shall be immediately executory pending appeal, unless otherwise ordered by the Supreme Court.

The names of the notaries who have been administratively sanctioned will be posted in a conspicuous place in the office of the Executive Judge and the Clerk of Court.

Legal Basis: Sec. 3, Rule XI

Question 6

What are the notarial acts that a notary public can perform?

Answer 6

1. Jurat
2. Acknowledgement
3. Oaths and Affirmations
4. Signature witnessing
   5 Copy certifications
5. Any other Act authorized by the Notarial Rules [Section 1 (a), Rule IV]

A. Certifying the affixing of signature by thumb or other mark on an instrument or document presented for notarization. [ Section 1 (b) , Rule IV]

B. Signing on behalf of a person who is physically unable to sign or make a mark on an instrument or document.
[Section 1 (c), Rule IV]

Question 7

What are the competent evidence of identity can a notary public use to identify an individual?

Answer 7

At least one current identification document issued by an official agency bearing the PHOTOGRAPH and SIGNATURE of the individual but not limited to:
-Passport
-Driver’s License
-Professional Regulation Commission ID
-NBI 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’s certificate/immigrant certificate of registration
-government office ID
-Certification from the NCWDO
-DSWD certification