Notarization In The Philippines : 10 Facts You Need To Know

Summary: Notary public services are often taken for granted. It's time to find out these ten facts about notarization in the Philippines; your legal documents depend on legit notary acknowledgment.

Read Time: 8.7 minutes

While traveling through the crowded, busy streets of Manila and Quezon City, you may have noticed signage for notary public services. What are notary publics, notaries, or "notary" services, and are those found along with shady corners legit?

Let’s explore the ten facts about notary publics in the Philippines. Find out how to identify the good from the bad in this short but helpful guide.

Ten Crucial Facts About Notary Services in the Philippines

1.     What is a Notary Public?

A notary public must be a lawyer. The 2004 Rules of Notarial Practice state that the notary public should have passed the bar exams, taken oath, and belongs to the roll of attorneys.

A notary is a lawyer with good standing and has no convictions in the first instance for any crime under moral turpitude. With these requirements, you may now gauge if those notarial services set up in alleys, dark corners, and in front of city halls are legit?

These people are likely just agents of a lawyer. The lawyer lets these people use his name and even sign documents on his behalf. A dangerous practice and could be risky for clients.

Therefore, if you need notarial services, try to check if the name of the law office or notary is listed. Look for the notary public's name from this official list of lawyers from the Supreme Court of the Philippines.

2.     How Do You Become a Notary Public in the Philippines?

There are numerous requirements, certifications, and clearances to become a notary public and to receive notarial commissions in the Philippines. First, you must pass the board exams and be listed in the roster of lawyers.

Afterward, you must file a Petition for Notarial Commission from the Regional Trial Court Executive Judge. The RTC should be located in the area where you intend to provide notarial services.

A summary hearing will be conducted regarding your notary public application. If there's no one to oppose your application, you will be provided with a certificate that will allow you to receive a notarial commission for two years. This duration may be revoked earlier, or you may resign from your position.

3.     Why Are Documents Notarized?

Different types of documents may be notarized. A notary public's job is to assess the genuineness of all the signatories in a document. He authenticates documents and verifies the execution and thus, making these documents usable in court as evidence. Therefore, administrative agencies, courts, and the general public must rely on the acknowledgment of a notary public.

4.     What Can a Notary Public Do?

Notary public sanctions oaths and affirmations, acknowledgments, signature witnessings, copy certifications, and other legal acts authorized by the Rules of Notarial Practice. He is licensed to authenticate signatures using a thumb mark or any other marks made on a document. If the person seeking notarial services cannot sign, a notary public may sign on his behalf on any document.

5.     Are there Any Disqualifications for a Notary Public?

A notary public is only authorized to notarize documents in his applied jurisdiction. A notary public from Manila cannot provide services in other cities or provinces. However, there are some exceptions under the Rules of Notarial Practice.

He cannot notarize a document if the signatory is not present at the time. He is not allowed to notarize a document with an unverified signatory. The notary public must ask for proof of identification before acknowledging a document.

A notary public is not allowed to notarize any document belonging to his immediate family members, descendants, relatives, or affinity to the principal up to the 4^th civil degree. He should not receive any fees, commissions, advantages, cash, or gifts due to the acknowledgment of any document.

6.     What are the Requirements for Notarizing Documents?

A notary public relies on valid IDs and other documents as a requirement for notarization of any document. Under the Rules, the following IDs are valid.

●        Passport

●        Driver’s license

●        PRC ID

●        NBI clearance

●        Police clearance

●        Postal ID

●        Voter’s ID

●        GSIS e-card

●        SSS ID

●        Philhealth card

●        Senior’s citizen card

●        Alien certificate of registration card

Some people are unable to provide a valid ID to confirm the genuineness of the documents. The notary public will issue an oath or an affirmation of a 3^rd party for anyone who personally knows the person. The representative will need to provide proof of identification before he is acknowledged in the document.

7.     Can You Use a Cedula or Community Tax Certificate as Proof of Identification?

A cedula is not a part of the IDs accepted by a notary public. This is included in the Rules of Notarial Practice.

8.     If a Notary Public is Unavailable, Can Agents, Secretaries, or Representatives Sign on Behalf?

Secretaries, agents, and representatives working under the notary public are not allowed to sign on behalf of the notary. The notarial practice is non-transferable. If a notary public practices this in your area, then they may be charged with estafa or usurpation of authority.

9.     What Type of Documents or Contracts Need Notarization?

A notary public may acknowledge all types of contacts as long as there is consent, subject, and cause included in the contract. The law also states that an agreement notarized by a notary public should be in a specific format to be declared valid.

According to Article 1358 of the Civil Code of the Philippines, the following contracts or documents should be notarized:

●        Any act or contract that transmits, creates, or modifies absolute rights on any immovable property or the sale or interest in any real property. This includes documents like Deed of Sale of Motor Vehicle, Deed of Sale of Real Property (acknowledged by a real estate notary), Chattel Mortgage, and Real Estate Mortgage.

●        Any kind of repudiation or the renunciation of hereditary rights, especially those with conjugal partnership gains. Documents like Donations, Waiver of Rights, and Deed of Assignment are examples.

●        Any document that administers property or any type of power that can prejudice a third party, such as a Special Power of Attorney.

10.      What Happens if the Notarization is Defective?

If a notarized document is found faulty or defective, it may be nullified and will have no effect. You may also need a lawyer to defend you in case charges are filed against you in court.

Conclusion