Article 37p. 37

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

Certificate shall be presented to the Executive Judge for

approval prior to use.

SECTION

9.

Form

of

Certificate

of Authorization to

Purchase

a

Notarial

Seal .

—

The

Certificate

of

Authorization

to

Purchase

a

Notarial

Seal

shall

substantially be in the following form:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF _______________

CERTIFICATE OF AUTHORIZATION TO PURCHASE A

NOTARIAL SEAL

This is to authorize (name of notary public) of (city or

province) who was commissioned by the undersigned as

a notary public, within and for the said jurisdiction, for a

term

ending

the

thirty-first

of

December

(year)

to

purchase a notarial seal.

Issued this (day) of (month) (year).

______________

Executive. Judge

SECTION 10. Official Seal of Notary Public . — Every person

commissioned

as notary public shall have only one

official seal of office in accordance with these Rules.

SECTION

11.

Jurisdiction

and

Term .

—

A

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 earlier revoked or the

notary public has resigned under these Rules and the

Rules of Court.

SECTION 12. Register of Notaries Public . — The Executive

Judge shall keep and maintain a Register of Notaries

Public in his jurisdiction which shall contain, among

others, the dates of issuance or revocation or suspension

of notarial commissions, and the resignation or death of

notaries public. The Executive Judge shall furnish the

Office of the Court Administrator information and data

recorded in the register of notaries public. The Office of

the

Court

Administrator

shall

keep

a

permanent,

complete and updated database of such records.

SECTION 13. Renewal of Commission . — A notary public

may file a written application with the Executive Judge

for the renewal of his commission within forty-five (45)

days before the expiration thereof. A mark, image or

impression of the seal of the notary public shall be

attached to the application.

Failure to file said application will result in the deletion of

the name of the notary public in the register of notaries

public.

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.

SECTION

14.

Action

on

Application

for

Renewal

of

Commission . — The Executive Judge shall, upon payment

of the application fee mentioned in Section 3 above of

this Rule, act on an application for the renewal of a

commission within thirty (30) days from receipt thereof. If

the application is denied, the Executive Judge shall state

the reasons therefor.

RULE IV Powers and Limitations of Notaries

Public

SECTION 1. 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 if:

(1) the thumb or other mark is affixed in the presence of

the

notary

public

and

of two (2) disinterested and

unaffected witnesses to the instrument or document;

(2) both witnesses sign their own names in addition to

the thumb or other mark;

(3) the 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 public";

and

(4) the notary public notarizes the signature by thumb or

other

mark

through

an

acknowledgment,

jurat,

or

signature witnessing.

(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 if:

(1) the notary public is directed by the person unable to

sign or make a mark to sign on his behalf;

(2) the signature of the notary public is affixed in the

presence of two disinterested and unaffected witnesses

to the instrument or document;

(3) both witnesses sign their own names;

(4)

the

notary

public

writes

below

his

signature:

"Signature affixed by notary in presence of (names and

addresses of person and two [2] witnesses)"; and

(5)

the

notary

public

notarizes

his

signature

by

acknowledgment or jurat.

SECTION 2. 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.

SECTION

3.

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.

© Compiled By RGL

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