2004 Rules On Notarial Practic.docx

2004 RULES ON NOTARIAL PRACTICE PURPOSES. These Rules shall be applied and construed to advance the following purposes: (a) to promote, serve, and protect public interest; (b) to simplify, clarify, and modernize the rules governing notaries public; and (c) to foster ethical conduct among notaries public. DEFINITIONS ACKNOWLEDGMENT refers to an act in which an individual on a single occasion: (a) appears in person before the notary public and presents an integrally complete instrument or document; (b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and (c) represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity. AFFIRMATION/OATH refers to an act in which an individual on a single occasion: (a) appears in person before the notary public; (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and (c) avows under penalty of law to the whole truth of the contents of the instrument or document. COMMISSION refers to the grant of authority to perform notarial acts and to the written evidence of the authority. COPY CERTIFICATION refers to a notarial act in which a notary public: (a) is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable; (b) copies or supervises the copying of the instrument or document; (c) compares the instrument or document with the copy; and (d) determines that the copy is accurate and complete. NOTARIAL REGISTER refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public. JURAT refers to an act in which an individual on a single occasion: (a) appears in person before the notary public and presents an instrument or document; (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; (c) signs the instrument or document in the presence of the notary; and (d) takes an oath or affirmation before the notary public as to such instrument or document. NOTARIAL ACT/NOTARIZATION refer to any act that a notary public is empowered to perform under these Rules. NOTARIAL CERTIFICATE refers to the part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary's signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules. NOTARY PUBLIC/NOTARY refer to any person commissioned to perform official acts under these Rules. PRINCIPAL refers to a person appearing before the notary public whose act is the subject of notarization. REGULAR PLACE OF WORK OR BUSINESS refers to a stationary office in the city or province wherein the notary public renders legal and notarial services. COMPETENT EVIDENCE OF IDENTITY refers to the identification of an individual based on: (a) at least one current identification document issued by an official agency 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 documentary identification. SEAL refers to a device for affixing a mark, image or impression on all papers officially signed by the notary public conforming the requisites prescribed by these Rules. SIGNATURE WITNESSING refers to a notarial act in which an individual on a single occasion: (a) appears in person before the notary public and presents an instrument or document; (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and (c) signs the instrument or document in the presence of the notary public. COURT refers to the Supreme Court of the Philippines PETITIONER refers to a person who applies for a notarial commission. OFFICE OF THE COURT ADMINISTRATOR refers to the Office of the Court Administrator of the Supreme Court.

EXECUTIVE JUDGE refers to the Executive Judge of the Regional Trial Court of a city or province who issues a notarial commission. VENDOR under these Rules refers to a seller of a notarial seal and shall include a wholesaler or retailer. MANUFACTURER under these Rules refers to one who produces a notarial seal and shall include an engraver and seal maker. COMMISSIONING OF NOTARY PUBLIC QUALIFICATIONS. A notarial commission may be issued by an Executive Judge to any qualified person who submits a petition in accordance with these Rules. To be eligible for commissioning as notary public, the petitioner: (1) must be a citizen of the Philippines; (2) must be over twenty-one (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 moral turpitude. FORM OF THE PETITION AND SUPPORTING DOCUMENTS. Every petition for a notarial commission shall be in writing, verified, and shall include the following: (a) a statement containing the petitioner's personal qualifications, including the petitioner's date of birth, residence, telephone number, professional tax receipt, roll of attorney's number and IBP membership number; , (b) certification of good moral character of the petitioner by at least two (2) executive officers of the local chapter of the Integrated Bar of the Philippines where he is applying for commission; (c) proof of payment for the filing of the petition as required by these Rules; and (d) three (3) passport-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. POWERS AND LIMITATIONS OF NOTARIES PUBLIC SECTION POWERS. (a) A notary public is empowered to perform the following notarial acts: (1) acknowledgments; (2) oaths and affirmations; (3) jurats; (4) signature witnessings; (5) copy certifications; and (6) any other act authorized by these Rules. (b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization (c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document. PROHIBITIONS. (a) A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction: (1) public offices, convention 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. (b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document - (1) is not in the notary's presence personally at the time of the notarization; and (2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules. DISQUALIFICATIONS. A notary public is disqualified from performing a notarial act if he: (a) is a party to the instrument or document that is to be notarized; (b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, except as provided by these Rules and by law; or (c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree. REFUSAL TO NOTARIZE. A notary public shall not perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if: (a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral; (b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former's knowledge of the consequences of the transaction requiring a notarial act; and (c) in the notary's judgment, the signatory is not acting of his or her own free will. OFFICIAL SEAL. Every person commissioned as notary public shall have a seal of office, to be procured at his own expense, which shall not be possessed or owned by any other person. It shall be of metal, circular in shape, two inches in diameter, and shall have the name of the city or province and the word "Philippines" and his own name on the margin and the roll of attorney's number on the face thereof, with the words "notary public" across the

center. A mark, image or impression of such seal shall be made directly on the paper or parchment on which the writing appears. FORM OF NOTARIAL CERTIFICATE. The notarial form used for any notarial instrument or document shall conform to all the requisites prescribed herein, the Rules of Court and all other provisions of issuances by the Supreme Court and in applicable laws. CONTENTS OF THE CONCLUDING PART OF THE NOTARIAL CERTIFICATE. The notarial certificate shall include the following: (a) the name of the notary public as exactly indicated in the commission; (b) the serial number of the commission of the notary public; (c) the words "Notary Public" and the province or city where the notary public is commissioned, the expiration date of the commission, the office address of the notary public; and (d) the roll of attorney's number, the professional tax receipt number and the place and date of issuance thereof, and the IBP membership number. REVOCATION AND ADMINISTRATIVE SANCTIONS. (1) fails to keep a notarial register; (2) fails to make the proper entry or entries in his notarial register concerning his notarial acts; (3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following; (4) fails to affix to acknowledgments the date of expiration of his commission; (5) fails to submit his notarial register, when filled, to the Executive Judge; (6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his duties, as may be required by the judge; (7) fails to require the presence of a principal at the time of the notarial act; (8) fails to identify a principal on the basis of personal knowledge or competent evidence; (9) executes a false or incomplete certificate under Section 5, Rule IV; (10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and (11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction. PUNISHABLE ACTS. -The Executive Judge shall cause the prosecution of any person who: (a) knowingly acts or otherwise impersonates a notary public; (b) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and (c) knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct. MUST NOTARIES PUBLIC BE LAWYERS? Yes. Notaries Public must be Lawyers and members of the Philippine Bar in good standing. Only Lawyers can be Notaries Public in the Philippines. CAN THE SECRETARY SIGN IN BEHALF OF THE NOTARY PUBLIC? No. Secretaries are not Notaries Public. Being a notary Public is not transferable and therefore any document which was supposed to be notarized but however was notarized by only the secretary maybe avoided. It is illegal even if the Secretary was working under the express authority of the Notary Public. WHAT IS THE EFFECT OF FAULTY NOTARIZATION? The document maybe nullified and it will have no force and effect. IS THERE A CRIMINAL LIABILITY FOR A PERSON WHO IS ACTING ILLEGALLY AS A NOTARY PUBLIC? Yes. A fake Notary Public maybe held liable for "Usurpation of Authority", "Estafa", among others under the Revised Penal Code of the Philippines. How can I protect myself from illegal Notaries Public. The best thing to do when you need a document notarized is whenever you go to a law office or any office offering legal services for that matter, always ask for the lawyer. It is infront of the lawyer that you must sign the document itself. If they refuse to let you see the lawyer, 99% of the time they are doing illegal acts.

I. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES SUPREME COURT Justices of the Supreme Court may be removed from office, on impeachment, and conviction of culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust; all other Justices and judges from the Court of Appeals to the lowest level may be removed from office as provided by law, but not by impeachment.

ALL OTHER COURTS only the Supreme Court can oversee compliance with the law and the ROC on the part of the Presiding Justice of the CA down to the lowest municipal trial court judge and take the proper administrative action against them if they commit any violation thereof, requiring supervisory or administrative sanction. In order for the Court to acquire jurisdiction over an administrative case, the complaint must be filed during the incumbency of the respondent. Once jurisdiction is acquired, it is not lost by reason of respondent’s cessation from office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. II. DISQUALIFICATIONS OF JUSTICES AND JUDGES COMPULSORY DISQUALIFICATION No judge or judicial officer shall sit in any case, without the written consent of all parties in interest and entered upon the record, in which: (1) He, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise; or (2) He is related to either party within the 6th degree of consanguinity or affinity, or to counsel within the 4th degree, computed according to the rules of civil law; (3) He has been executor, administrator, guardian, trustee or counsel; or (4) He has presided in any inferior court when his ruling or decision is the subject of review. The rule on compulsory disqualification of a judge to hear a case rests on the salutary principle that no judge should preside in a case in which he is not wholly free, disinterested, impartial and independent. A judge has both the duty of rendering a just decision and the duty of doing it in a manner completely free from suspicion as to its fairness and as to his integrity. The law conclusively presumes that a judge cannot objectively or impartially sit in such a case and, for that reason, prohibits him and strikes at his authority to hear and decide it, in the absence of written consent of all parties concerned. The purpose is to preserve the people's faith and confidence in the courts' justice The relationship of the judge with one of the parties may color the facts and distort the law to the prejudice of a just decision. Where this is probable or even only possible, due process demands that the judge inhibit himself, if only out of a sense of delicadeza ACTUAL BIAS OR PREJUDICE a judge inhibited himself from trying a robbery case due to his personal knowledge of the case. The Supreme Court stated that it is possible that the respondent Judge might be influenced by his personal knowledge of the case when he tries and decides the same on the merits, which would certainly constitute a denial of due process to the party adversely affected by his judgment or decision. Thus, it is best that, after some reflection, the judge, on his own initiative disqualified himself from hearing the robbery case and thereby rendering himself available as witness to any of the parties subject to cross-examination. ECONOMIC INTEREST OF JUDGE OR HIS FAMILY a municipal judge, as private complainant, caused three criminal complaints to be filed before his own court. He also issued a warrant of arrest and subpoenas before finally inhibiting himself from hearing the cases. The Supreme Court found him guilty of grave misconduct, gross ignorance of the law and grave abuse of authority, and dismissed him from service. It stated that the idea that a judge can preside over his own case is anathema to the notion of impartiality and that his subsequent inhibition from the three cases does not detract from his culpability for he should not have taken cognizance of the cases in the first place. REVIEWING OWN CASES the Supreme Court that an Associate Justice who only partly presided over a case in the trial court and who did not render the final decision cannot be said to have been placed in a position where he had to review his own decision and, as such, was not legally bound, on this ground, to inhibit himself as ponente of the case. Nevertheless, it was held that he should have voluntarily inhibited himself for his earlier involvement in the case constitutes just or valid reason under Sec. 1, Rule 137. A judge should not handle a case in which he might be perceived, rightly or wrongly, to be susceptible to bias and partiality. PREVIOUSLY SERVED AS COUNSEL A judge may validly disqualify himself due to his bias and prejudice. [However,] bias and prejudice cannot be. The mere imputation of bias or partiality is not sufficient for a judge to inhibit, especially when the charge is without basis. It must be proven with clear and convincing evidence. Moreover, it has been held that bias and prejudice must be shown to have stemmed from an extra-judicial source and result in an opinion on the merits on some basis other than the evidence presented OTHER EXAMPLES Disqualification was also allowed when the judge has been previously associated with a party as counsel, [notarized the affidavit of a person to be presented as witness if he is a material witness to a case VOLUNTARY DISQUALIFICATION A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned. Judges shall disqualify themselves from participating in any proceedings in which they are unable to decide the matter impartially or in which it may appear

to a reasonable observer that they are unable to decide the matter impartially. Such proceedings include, but are not limited to, instances where: (a) The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings; (b) The judge previously served as a lawyer or was a material witness in the matter in controversy; (c) The judge, or a member of his or her family, has an economic interest in the outcome of the matter in controversy; (d) The judge served as executor, administrator, guardian, trustee, or lawyer in the case or matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein; (e) The judge's ruling in a lower court is the subject of review; (f) The judge is related by consanguinity or affinity to a party litigant within the 6th civil degree or to counsel within the fourth civil degree; or (g) The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceedings. A judge should not be disqualified because he was a classmate (or a co-member in a fraternity) of one of the counsels if there is no proof that such relationship results in actual bias or prejudice. To allow disqualification would unnecessarily burden other trial judges to whom the case will be assigned. Confusion would result, because a judge would then be barred from sitting in a case whenever one of his former classmates (and he could have many) appeared. Mere fact that a counsel who is appearing before a judge was one of those who recommended him to the Bench is not a valid ground from voluntary inhibition. “Utang na loob” per se should not be a hindrance to the administration of justice. Nor should recognition of such value prevent the performance of judicial duties. However, where the judge admits that he may be suspected of surrendering to the persuasions of utang na loob, and he may succumb to it considering that he and members of the family, no less shall ever remain obliged in eternal gratitude to the recommending counsel, the judge should inhibit himself. OBJECTION The objecting party to his competency may, in writing, file with the subject official his objection and its grounds. The said official may, in accordance with his determination of the question of his disqualification, either: 1) proceed with the trial or 2) withdraw therefrom. The decision of the said official shall be in writing and filed with the other papers in the case, but no appeal or stay shall be allowed from, or by reason of, his decision in favor his own competency, until final judgement in the case. DISCIPLINE OF MEMBERS OF THE JUDICIARY AND INITIATION OF COMPLAINT AGAINST JUDGES AND JUSTICES TENURE The members of the Supreme Court and judges of lower courts shall hold office during a good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office SUPREME COURT Members of the Supreme Court may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. The impeachment of public officials has been established for removing otherwise constitutionally tenured and independent public officials for culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. The power to initiate impeachment cases rests with the House of the Representatives while the power to try the same rests with the Senate. PROCEDURE steps leading to impeachment are as follows: (1) A verified complaint for impeachment is filed by a member of the House or endorsed by him; (2) The complaint is included in the order of business of the House; (3) The House refers the complaint to the proper committee; (4) The committee holds a hearing, approves the resolution calling for impeachment, and submits the same to the House; (5) The House considers the resolution and votes to approve it by at least one-third of all its members, which resolution becomes the article of impeachment to be filed with the Senate when approved; and (6) The Senate tries the public official under the article LOWER COURTS AND JUSTICES OF COURT OF APPEALS, AND SANDIGANBAYAN, AND COURT OF TAX APPEALS (Proceedings for the discipline of judges of regular and special courts and justices of the Court of Appeals and the Sandiganbayan may be instituted: (1) Motu propio by the Supreme Court; (2) Upon the verified complaint, supported by affidavits of persons who have personal knowledge of the facts alleged therein or by documents which may substantiate said allegations; or (3) Upon an anonymous complaint, supported by public records of indubitable integrity. INVESTIGATION Upon the filing of the comment of the respondent or upon the expiration of the period for such filing, which is ten days from the date of service to him of the copy of the complaint [Sec. 2], the SC shall: (1) Refer the matter to the Office of the Court Administrator for evaluation, report, and recommendation; or (2) Assign the

case for investigation, report, and recommendation to: (a) A retired member of the Supreme Court, if the respondent is a justice of the Court of Appeals and the Sandiganbayan; (b) A justice of the Court of Appeals, if the respondent is a judge of a Regional Trial Court or of a special court of equivalent rank; or (c) A judge of the Regional Trial Court, if the respondent is a judge of an inferior court [Sec. 3, Rule 140]. HEARING AND TERMINATION The investigating justice of judge shall set a day for the hearing and send notice to the parties. If the respondent fails to appear, the investigation shall proceed ex parte. The investigating justice or judge shall terminate the proceedings: (1) Within 90 days from the date of its commencement; or (2) Within such extension as the Supreme Court may grant [Sec. 4]. REPORT AND ACTION Within 30 days from termination, the investigating justice or judge shall submit to the Supreme Court a report containing his findings of fact and recommendation, accompanied by the evidence and pleadings filed by the parties. Such report shall be confidential and shall be for the exclusive use of the Supreme Court. A copy of the decision or resolution of the court shall be attached to the record of the respondent in the OCA [Secs. 5 and 12] The Supreme Court shall take action on the report as the facts and the law may warrant AUTOMATIC CONVERSION OF ADMINISTRATIVE CASES TO DISCIPLINARY PROCEEDINGS administrative cases against justices of the Court of Appeals and the Sandiganbayan, judges of regular and special courts, and court officials who are lawyers, shall also be considered a disciplinary action against them, if they are based on grounds which are likewise grounds for the disciplinary action of members of the bar for: (1) Violation of the Lawyer's Oath; (2) Violation of the Code of Professional Responsibility; (3) Violation of the Canons of Professional Ethics; or (4) Such other forms of breaches of conduct that have been traditionally recognized as grounds for the discipline of lawyers. The respondent is required to comment on the complaint and show cause why he should not also be suspended, disbarred or otherwise disciplinarily sanctioned as a member of the bar. Judgment in both respects may be incorporated in one decision or resolution. EFFECT OF WITHDRAWAL OR DESISTANCE The actuations of a judge seriously affect the public interest inasmuch as they involve the administration of justice. It is for this reason that a motion to withdraw a complaint will not justify the dismissal of the administrative case against the judge. To condition administrative actions upon the will of every complainant, who may, for one eason or another, condone a detestable act, is to strip the Supreme Court of its supervisory power to discipline erring members of the judiciary Complainant's desistance is not an obstacle to the taking of disciplinary action against a judge if the record reveals that he had not performed his duties properly GROUNDS AND SANCTIONS General rule: A judge cannot be subjected to liability – civil, criminal, or administrative – for any his official acts, not matter how erroneous, as long as he acts in good faith (i.e. in the absence of fraud, malice, dishonesty, or corruption) [Agpalo (2004)]. Ratio: A judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself. This concept of judicial immunity rests upon consideration of public policy, its purpose being to preserve the integrity and independence of the judiciary EXCEPTION: A judge may be held criminally, civilly or administratively liable for malfeasance or misfeasance in office