NOTARIAL PRACTICE
The 2004 Rules on Notarial Practice revolutionized the Philippine notarial system by imposing
higher standards of competence, integrity, and accountability on those authorized to perform
notarial acts. By tying notarial functions closer to the legal profession, the Supreme Court aimed
to protect the public from unscrupulous or negligent practices, thereby reinforcing the public’s
confidence in the authenticity of notarized documents.
For a lawyer, serving as a notary public is both an honor and a burden of responsibility.
Meticulous compliance with the rules—from verifying identities, maintaining strict
recordkeeping, to safeguarding the notarial register and seal—is not only a legal obligation but
also an ethical imperative. Violations can lead to serious consequences, including loss of
commission, administrative sanctions, and even disbarment.
Ultimately, the 2004 Rules on Notarial Practice reflect the broader ethical principle that every
notarial act is a representation of the lawyer’s oath and the dignity of the legal profession. By
fulfilling the obligations with scrupulous attention to detail, a notary public upholds the rule of
law and furthers the cause of justice.
I. NOTARIAL COMMISSION
II. QUALIFICATION OF A NOTARY PUBLIC
III. TERM OF OFFICE OF A NOTARY PUBLIC
A notarial commission is valid for a period of two (2) years, starting from the date of the
notary’s oath and ending on the 31st of December of the second year.
Renewal or reappointment is not automatic; one must reapply.
IV. CIRCULAR 1-90; A.M. 02-8-13-SC, AUG. 16, 2006, NOTARIES PUBLIC EXOFFICIO
Municipal Trial Court (MTC) and Municipal Circuit Trial Court (MCTC) judges are authorized to
act as Notaries Public ex officio under Section 76 of the Judiciary Act of 1948 and Section 242 of
the Revised Administrative Code. However, their authority is subject to these limitations:
1. Scope of Notarization:
Judges may only notarize documents related to their official judicial functions. They are
prohibited from notarizing private documents or contracts unrelated to their judicial
duties.
2. Prohibition on Private Practice:
In line with the 1989 Code of Judicial Conduct, judges must avoid conflicts with their
duties and are barred from private law practice (Canon 5, Rule 5.07).
3. Exception for Remote Areas:
In municipalities without lawyers or notaries public, judges may perform all notarial
acts, provided that:
o All notarial fees go to the government and are turned over to the municipal
treasurer.
o A certification is included in the notarized document confirming the lack of a
lawyer or notary public in the area.
A.M. No. 02-8-13-SC (Rules on Notarial Practice, effective July 1, 2004)
Subject: Rules Governing the Notarial Practice in the Philippines
Key Provisions Relevant to Notaries Public ex officio:
1. Definition Clarified:
Judges acting as Notaries Public ex officio are not required to secure notarial
commissions under these rules if acting within their legal authority (as outlined in
Circular No. 1-90).
2. Scope of Authority:
Reinforces that judges may notarize documents only when authorized by law, such as in
areas without notaries public.
3. Compliance with Formalities:
When acting as notaries ex officio, judges must still comply with basic formalities of
notarization (e.g., personal appearance, proper documentation).
a. OCA v. Saguyod, A.M. No. P-17-3705, February 6, 2018
b. Fuentes v. Buno, A.M. No. MTJ-99-1204, July 28, 2008
c. Tupal v. Rojom, A.M. No. MTJ-14-1843, February 24, 2014
V. NOTARIAL ACTS
Refers to any act that a notary public is empowered to perform under the 2004 Rules on
Notarial Practice.
a. Jurat
That part of an affidavit or other sworn statement where:
o The notary certifies that the person named therein personally appeared before
the notary, took an oath or gave an affirmation, and signed the statement in the
presence of the notary.
Must indicate that:
o The affiant appeared before the notary public;
o The affiant was given an oath or affirmation;
o The affiant signed the affidavit in the presence of the notary;
o The date and place of notarization;
o The notary’s signature and seal.
b. Acknowledgment
An act in which an individual on a single occasion:
o Appears in person before the notary public and presents a document;
o Is personally known to the notary public or identified through competent
evidence of identity; and
o Represents to the notary that the signature on the document was voluntarily
affixed for the purposes stated in the document and confirms that the notary
witness or acknowledges the same.
Must contain:
o A declaration that the signatory personally appeared before the
notary;
o Identification of the signatory by personal knowledge or
competent evidence of identity;
o A statement that the signatory acknowledged executing the
instrument voluntarily;
o The date and location of notarization;
o The notary’s signature and seal.
c. Oaths or affirmation
d. Copy Certification
A certificate stating that the notary public has compared the original and the copy
presented, and that the copy is an accurate reproduction of the original document.
e. Signature Witnessing
A certificate that the individual:
o Appeared before the notary public;
o Was identified by personal knowledge or competent evidence;
o Signed the document in the notary’s presence.
f. Cases:
i. Aganon v. Bustamante; A.C. 5510, Dec. 20, 2007
ii. Panganiban v. Borromeo; 58, Phil 367
iii. De Jesus v. Malit; A.C. No. 6470, July 08, 2014
iv. Petilo v. Maramot, A.C. No. 9067, Jan 31, 2018;
v. Mabini v. Kintanar, A.C. No. 9512, Feb. 8, 2018
VI. COMPETENT EVIDENCE OF IDENTITY
a. Sanchez v. Inton, A.C. No. 12455, Nov. 5, 2019
VII. REQUIREMENT OF PERSONAL APPEARANCE
a. Almario v. Llera-Agno, A.C. No. 10689, January 08, 2018
b. Orola v. Baribar, A.C. No. 6927, March 14, 2018
c. Zialcita v. Latras, A.C. 7169, March 11, 2019
d. Caronongan v. Ladera, A.C. No. 10252, December 11, 2019
VIII. PROHIBITIONS
1. Outside Commission Jurisdiction
o Notarizing documents outside the territorial limits granted in the notarial
commission is prohibited and renders the notarization invalid.
2. Blank or Incomplete Documents
o A notary public shall not notarize incomplete instruments or documents with
unfilled spaces that could allow for further insertion or changes.
o If there is any alteration, the notary must require the parties to initial the
changes before notarization.
3. Interest and Disqualification
o The notary public must not notarize documents where he or she is a party, has a
direct financial or beneficial interest, or where the notary’s spouse, parent, child,
or otherwise is a party if that would create a conflict of interest.
o The prohibition extends to documents where the notary’s signature is also
required as a witness, unless permitted in very limited circumstances.
4. Advertising
o A notary public, if also a lawyer, must observe the ethical rules on advertising
legal services. The notarial title cannot be used to attract business or mislead the
public.
IX. JURISDICTION OF NOTARY PUBLIC AND PLACE OF NOTARIZATION
Territorial Jurisdiction of a Notary Public
1. General Rule
o A notary public’s authority to notarize is strictly confined to the geographical
boundaries of the city or province where he or she is commissioned.
o The notarial certificate must clearly indicate the city or province where the
notary public is commissioned and where the notarial act actually took place.
2. Invalid Notarial Acts Outside Jurisdiction
o When a notary public performs a notarial act outside the place of commission,
that act is considered void for lack of authority.
o This could lead to administrative and disciplinary sanctions—possibly
including revocation of the notarial commission, suspension from the practice of
law (if the notary is a lawyer), and/or a fine.
3. Notary’s Personal Accountability
o Under Canon VI of the Code of Professional Responsibility (accountability) and
under the 2004 Rules, the notary public is expected to act strictly within the
bounds of the law. Acting beyond the territorial jurisdiction granted by the
commission is tantamount to professional misconduct.
The Place of Notarization: Practical and Legal Requirements
1. Physical Presence and Venue
o The signatory (principal) must personally appear before the notary public within
the territorial jurisdiction of the commission.
o The place of notarization must be the same city or province where the notary is
commissioned, typically at the notary’s office or other permissible venue within
the territory (e.g., a courtroom, law office, or another acceptable public place
within that area).
2. Indication of Place in the Notarial Certificate
o Every notarized document must state in the acknowledgment or jurat the place
where the notarization occurred, typically phrased as:
“SUBSCRIBED AND SWORN TO before me in the City of [City], this [date] …”
o This ensures clarity that the notary performed the act within the bounds of his or
her commission.
3. Prohibition Against “Mobile Notarization” Outside the Commission Area
o While traveling to a client’s location within the commissioning territory (e.g.,
within the same city or province) may be allowed, a notary public cannot cross
into another municipality or province to perform the notarial act. Doing so
invalidates the notarization and subjects the notary to penalty.
4. Exceptions or Special Arrangements
o Strictly speaking, under the 2004 Rules, no exception allows a notary to notarize
outside his or her commission’s jurisdiction.
o If an urgent situation requires notarization in another city or province, the
signatory should seek a duly commissioned notary in that other locality, or the
notary must apply for (and be granted) a separate commission in that jurisdiction
—if legally permissible—before performing any acts there.
X. NOTARIAL REGISTER