Notary notes  Submit Petition for Notarial Commission to

the other jurisdiction

Newspaper publication: ________  Surrender stamp, seal and notarial books
Date of publication: ___________
Conspicuous place where posted: ___________ Q: What is the next step after filing your application as notary
Date of posting: _________ public to make known to the public the application?
A: There should be a notice of hearing published in a
Attachments in the petition: newspaper of general circulation in the place of jurisdiction
1. Certificate of Membership in the Philippine Bar where the notary public shall perform a notarial act, also the
2. Clearances from Office of the Bar Confidant notice of hearing should be posted in the office of the executive
3. Clearances from Integrated Bar of the Philippines judge and the clerk of court.
4. Official Receipt for IBP dues
5. Copy of Professional Tax Receipt Q: What is the purpose of notice of publication?
6. NBI clearance A: The purpose of the notice of publication is for any
7. Three sample signatures interested party to file an opposition or objection against the
8. Photographs of office reception area and working area said notary public’s application.
9. Sketch of the office
10. 2x2 ID picture with signature Q: How many entries should there be per page of notarial
book?
Q: When to submit a notarial report? A: 5
A: Within the first 10 days of the succeeding month.
Q: Who is qualified to be a notary public?
Q: What is included in the report? A:
A: 1. original copies of the agreement, 1. Citizen of the Philippines
2. photocopy of pages of the notarial book 2. At least 21 years old
3. Resident of the Philippines for at least 1 year and
Q: What is the effect of a lawyer’s resignation from the firm maintains a regular place of work in the city or province
he/she is currently employed with? where the commission is to be issued
A: 2 scenarios: 4. A member of the Philippine bar in good standing with
1. There is no change in the city of employment clearances from the OBC and the IBP
 Inform the court of the change in office 5. Not have been convicted with any crime involving
address within 10 days moral turpitude
2. There is a change in the city of employment
Q: What are the prohibitions of a notary public? Q: When is a notary public disqualified from performing a
A: notarial act?
1. Shall not perform a notarial act outside his regular place A: If he:
of work or business except when requested by parties to 1. Is a party to the instrument or document to be notarized
be on the following sites located within the territorial 2. Will receive as a direct or indirect result, any
jurisdiction: commission fee, advantage, right, title, interest, cash,
a. Public offices, convention halls, and similar property or other consideration, or
places 3. Is a spouse, common-law partner, ancestor, descendant,
b. Public function areas in hotels and similar or relative by affinity or consanguinity within the fourth
places civil degree.
c. Hospitals and other medical institutions where a
party to an instrument is confined for treatment; Q: Is e-notarization allowed?
and A: Yes. The Supreme Court allowed e-notarization in A.M.
d. Any place where a party to an instrument is No. 20-07-04 (Rules on Remote Notarization) but added
under detention. requirements:
2. Shall not perform a notarial act if the person involved 1. Principal shall cause the delivery
as signatory to the instrument or document: 2. Two competent proofs of identity
a. Is not in the notary’s presence personally at the 3. Video clip showing actual signing of the document
time of notarization; and 4. Schedule a videoconference
b. Is not personally known to the notary public or
otherwise identified by the notary public Q: What are the powers of a notary public?
through competent evidence of identity as A:
defined by these rules. 1. To perform the following notarial acts:
a. Acknowledgments;
Q: When may a notary public refuse to notarize? i. Appears in person and presents and
A: If: integrally complete instrument
1. If the transaction is unlawful or immoral ii. Attested to be personally known to the
2. Signatory shows a demeanor which causes doubt as to notary public or identified by the notary
his knowledge of the consequences of the transaction public through competent proof of
3. The signatory is not acting of his or her own free will identity
iii. represents that the signature on the
instrument was voluntarily affixed for
the purposes stated in the instrument
b. Oaths and affirmations; iii. Compares the instrument with the copy
i. Appears in person before the notary iv. Determines that the copy is accurate and
public complete
ii. is personally known to the notary public f. Any other act authorized by these rules.
or identified by the notary public 2. To certify the affixing of a signature by thumb or other
through competent evidence of identity mark
iii. avows under penalty of law to the whole a. In the presence of the notary public and 2
truth of the contents of the instrument or disinterested and unaffected witnesses
document b. Both witnesses sign their own names
c. Jurats; c. Notary public writes below the marl: Thumb or
i. Appears in person before the notary mark affixed by Name of Principal in the
public presence of Names and addresses of witnesses
ii. is personally known to the notary public and undersigned notary public
or identified by the notary public d. Notarizes through acknowledgement, jurat, or
through competent evidence of identity signature witnessing
iii. signs the instrument or document in the 3. To sign on-behalf of a person who is physically unable
presence of the notary public to sign or make a mark
iv. takes an oath or affirmation as to such a. Notary public is directed by the person unable to
instrument or document sign
d. Signature witnessing; b. Signature of notary public is affixed in the
i. Appears in person before the notary presence of two disinterested and unaffected
public witnesses
ii. is personally known to the notary public c. Both witnesses sign their names
or identified by the notary public d. Notary public writes below his signature:
through competent evidence of identity “Signature affixed by notary in the presence of
iii. signs the instrument in the presence of Names and addresses of witnesses.
the notary public e. Notarizes his signature by acknowledgment or
e. Copy certifications; and jurat.
i. Presents an instrument that is neither a
vital record, public record, nor publicly
recordable
ii. Copies or supervises the copy of the
instrument