Salient features of the notarial law1. Salient features of theNOTARIAL LAW & the 2004 Rules Legal ethics Atty. JFL Risonar 02-8-13-SC (2004 Rules on Notarial Practice) 3. BASES: §251 of the Re duties of notaries public. They are required to certify that the party to every document acknowledged before them has presented the proper residence certificate (or exemption from the residence tax); and to enter its number, place of issue and date as part of such certification. notarial register; to enter therein all instruments notarized by them; and to “give to each instrument executed, sworn to, or acknowledged before [them] a number corresponding to the one in [their] register [and to state therein] the page or pages of [their] register, on which the same is recorded. 5. BASES: § 13, 2003. among notaries public. must be over twenty-one be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant in the first instance of any crime involving moral turpitude. (section 1, Rule 3 AM 02-18-13-SC.) the petitioners date of birth, residence, telephone number, professional tax receipt, roll of attorneys least two (2) executive officers of the local chapter of the Integrated Bar of the Philippines where he is -size color photographs with light background taken within thirty (30) days of the application. The photograph should not be retouched. The petitioner shall sign his name at the bottom part of the photographs. (section 2, Rule 3 Ibid.) person who has cause to oppose the same may file a written opposition 10. Jurisdiction and term of a notary publicA 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 A notarypublic should therefore be conscientious inseeing to it that justice permeated everytransaction for which his services had beenengaged. Function of a notary public. (ibid. (section 11. S/he must fullyexplain the intricacies and consequences of thesubject transaction. Nadayag vs. ibid. or signature witnessing. in conformity with the avowed dutiesof a worthy member of the Bar.) . which is to minimize fraud would be thwarted. Feb. and the very purpose of the acknowledgment. document or transaction who is personally known to the notary public and who personally knows the individual. ) 13. or of two credible witnesses neither of whom is privy to the instrument.) Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. (section 13. 14. 9. Sabate.) ry public is empowered to perform the ibid. (section 12 Rule 2 AM 02-18-13-SC) 16.Notarization of a private documentconverts such document into a public oneand renders it admissible in court withoutfurther proof of its authenticity. document or transaction who each personally knows the individual and shows to the notary public documentary identification. he would be interested in sustaining the validity thereof as it directly involves himself and the validity of his own act. ibid. Rule 3.earlier revoked or the notary public has resigned under these Rules and the Rules of Court. A to file said application will result in the deletion of the name of the notary public in the register of The notary public thus removed from the Register of Notaries Public may only be reinstated therein after he is issued a new commission in accordance with these Rules. Rule 3. 2000) at least one current identification the oath or affirmation of one credible witness not privy to the instrument. Grageda (09-27-94)Notarization is not an empty routine. (Villarin vs. jurat. That function would be defeated if the notary public were one of the signatories to the instrument.To guard against any illegal or immoral arrangements. For then. A notary public is authorized to certify the affixing of a signature by thumb or other mark on an presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument 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 acknowledgment. 7936)Q: May a lawyer notarize documents beyond the territorial jurisdiction of the commissioning court that issued his commission?Q2: may such lawyer. A notary public is authorized to sign onbehalf of a person who is physically unableto sign or make a make a mark to sign on ture affixed by notary in notarizes his signature by acknowledgment or jurat. provided. He cannot relieve himself of liability by passing the blame to his wife. cash. 19. property.17. indirect result. advantage. Recent case: Judge Laquindanum versus Atty.) de his regular place of work or business. descendant. No.C. 2009 additionally imposed the penalty of revoking the lawyer’s notarial commission and disqualified him from discharging duties as a notary public for an additional period of two years s outside one’s area of commission is not to be taken lightly. Quintana is personally accountable for the documents that he admitted were signed by his wife. fee. guilty of violating Canon 9 of the Code of Professional Responsibility. or relative by affinity or consanguinity of the principal within the fourth civil degree. a notarial act may be (1) public public function areas in hotels and similar places for the signing of instruments or documents requiring ns where a party to an instrument or document notarization is under detention. Aside from being a violation of Sec. any commission. that on certain exceptional occasions or situations. ancestor. any person requesting such an act even if he tenders the appropriate fee specified by these . allow his spouse to do notarial acts in his absence? cision rendered on June 29. Nestor Q. or other consideration. title. He is. erson shall not perform a notarial act if the person involved as signatory to the instrument or document — entified by the notary public through competent evidence of identity as defined by these Rules. thus. it also partakes of s been duly Finally. right. interest. 11 of the 2004 Rules on Notarial Practice. except as provided by these Rules and by -law partner. which requires lawyers not to directly or indirectly assist in the unauthorized practice of law. Atty. (ibid. however. Quintana (A. . 26. Atty. the offender may be subjected to disciplinary action and also constitutes a violation of the lawyer’s oath to obey the laws.the notary knows or has good reason to believe that the notarial act or transaction is unlawful or reasonable doubt as to the formers knowledge of the consequences of the transaction requiring a shall certify that the person acknowledging the instrument is known to him and that he is the same person who executed it and acknowledged that the same is his free act and deed. Santuyo vs. For having wholly entrusted the preparation and other mechanics of the document for notarization to the secretary there can be a possibility that even the respondent’s signature which is the only one left for him to do can even be done by the secretary or anybody for that matter. pite the expiration Philippine Bar at a time when he has no authorization or commission to do so. more specifically the Notarial Law. HidalgoQ: may a lawyer notary public delegate to his secretary the task of filling up his notarial register?HELD: Respondent lawyer is negligent in his practice of tolerating the secretary of their law office to handle the aforementioned notarial activities.