Atty. Abi De Guzman - Notarial Services

How do notary publics help those who are terminally ill or those with disabilities?

Under Sections 1 (b) and 1 (c) of the 2004 Rules on Notarial Practice, a notary public may certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization or he or she may sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document, provided that all the requirements stated in the said Rules have been complied with.

Furthermore, in cases of notarial wills, if the testator or testatrix is blind, the will shall be read to him or her twice; once, by one of the subscribing witnesses, and again, by the notary public before whom the will is acknowledged (Article 808, Civil Code of the Philippines).

In all these instances, the notary public should ensure that the document or instrument presented for notarization is the free and voluntary act of and understood by those who are terminally ill or those with disabilities.

What are the different notarial acts which my notary public can perform?

Under the 2004 Rules on Notarial Practice, a notary public can perform the following notarial functions:

1. Acknowledgment (Rule II, Section 1, 2004 Rules on Notarial Practice)

Acknowledgment refers to the act in which an individual presents an integrally complete instrument or document, represents to the notary that the signature on the instrument or document was voluntarily affixed by him or her for the purposes stated in the instrument or document, and declares that he or she has executed the instrument or document as his or her free and voluntary act and deed.

2. Affirmation or Oath (Rule II, Section 2, 2004 Rules on Notarial Practice)

Affirmation or Oath refers to an act in which an individual on a single occasion appears in person before a notary public and avows under penalty of law to the whole truth of the contents of the instrument or document.

3. Jurat (Rule II, Section 6, 2004 Rules on Notarial Practice)

Jurat refers to an act in which an individual presents an instrument or document and signs the instrument or document in the presence of the notary. The said individual likewise takes an oath or affirmation before the notary public as to such instrument or document.

4. Signature Witnessing (Rule II, Section 14, 2004 Rules on Notarial Practice)

Signature witnessing refers to a notarial act in which an individual presents an instrument or document and signs the instrument or document in the presence of the notary public.

5. Copy Certifications (Rule II, Section 4, 2004 Rules on Notarial Practice)

Copy certification refers to a notarial act in which a notary public is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable. The notary public copies or supervises the copying of the instrument or document and determines and certifies that the copy is accurate and complete.

In all these notarial acts, you should personally appear and be personally known to the notary public through competent evidence of identity as defined under the Rules (see 26 September 2024 post for reference).

Can a notary public notarize his or her relatives’ documents?

Under Rule IV, Section 3 (c) of the 2004 Rules on Notarial Practice, a notary public is disqualified from performing a notarial act if he or she is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree.

This means that a notary public cannot notarize the documents of his or her spouse, common-law partner, parents, children, or any of his or her relatives up to his or her first cousin.

What should I bring when I go to my notary public?

Before visiting your notary public, it is important that you secure and bring the following documents:

(1) The document for notary with extra copy/ies for reporting purposes; and
(2) Competent evidence of identity.

Besides bringing extra copies, you must ensure that your document is complete and the same contains the appropriate notarial certification; otherwise, your notary public may refuse to notarize the same (Rule IV, Section 6 of the 2004 Rules on Notarial Practice).

Rule II, Section 12 of the 2004 Rules on Notarial Practice likewise states that a competent evidence of identity refers to the identification of an individual based on:

(a) at least one current identification document 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 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 document identification.

Please note that based on the recent rules, a community tax certificate (cedula) is no longer competent evidence of identity.

Please be advised that our notarial services will not be available starting 18 September 2024 until 20 September 2024.

We will resume our services on the following week or on 24 September 2024.

Thank you!

Should I appear personally before my notary public?

Section 2 (b) (1) of the 2004 Rules on Notarial Practice requires a notary public performing a notarial act to ensure that the person involved as a signatory to the instrument or document is present before him or her at the time of notarization.

In the case of Batiller, Jr., v. Atty. Urot (A.C. No. 13375, 22 August 2022), Atty. Urot notarized a deed of absolute sale even though not all the signatories in the said deed appeared before him. In fact, the absent signatory was already dead for almost 30 years at the time Atty. Urot notarized the deed of absolute sale! Because of this, the Court ruled to suspend Atty. Urot for one (1) year, to revoke his notarial commission, and to disqualify him from being commissioned as a notary public for a period of two (2) years.

Similarly, in the case of the dismissed Bamban Mayor Alice Guo, Atty. Elmer Galicia, the lawyer who notarized her counter-affidavit on the human trafficking complaint filed against her by the Department of Justice, admitted that the said document was notarized on 14 August 2024 despite the fact the Guo has already left the country as of July 2024. When asked in the senate hearing, Atty. Galicia admitted that he only asked for Guo’s identification card, and he no longer asked her to step out of her vehicle to physically appear before him at his office.

Atty. Galicia, just like Atty. Urot, may be subjected to disciplinary proceedings for violating the 2004 Rules on Notarial Practice.

Hence, it is crucial to appear before your notary public during the notarization of your documents. This would ensure the legitimacy of your transaction and would also prevent your notary public from facing any administrative sanction.



Sources:
[1https://sc.judiciary.gov.ph/wp-content/uploads/2023/07/13375.pdf
[2]https://www.gmanetwork.com/news/topstories/nation/918392/lawyer-admits-alice-guo-did-not-personally-swear-her-counter-affidavit/story/

Can a notary public perform notarial acts anywhere in the Philippines?

Under the 2004 Rules on Notarial Practice, as a general rule, a person commissioned as a notary public is only authorized to perform notarial acts in his or her regular place of work or business within the territorial jurisdiction of the commissioning court.

However, a notary public may still perform notarial acts in the following sites as long as they are still located within his or her territorial jurisdiction:
(1) Public offices, conventional halls, and similar places where oaths of office may be administered;
(2) Public function areas in hotels and similar places for the signing of instruments or documents requiring notarization;
(3) Hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and
(4) Any place where a party to an instrument or document requiring notarization is under detention.

As an example, a notary public commissioned in Pasig City should only notarize documents in his or her office located in Pasig City. However, as an exception, he or she is permitted to perform notarial acts in a convention hall, hotel, hospital, or detention center, provided that any of these sites are within Pasig City.

How do I know if my notary public is legitimate?

Under the 2004 Rules on Notarial Practice, only those who meet the following qualifications can apply for a notarial commission:

(1) Must be a citizen of the Philippines;
(2) Must be over 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 the 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 morale turpitude.

If your notary public does not possess any of the listed qualifications, then your notary public may not be legitimate. You may still verify your notary public’s commission with the Regional Trial Court where he or she is supposedly authorized to perform notarial acts.