a.

Qualifications of Notary Public

SECTION 1. 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. b. Term of Office of Notary Public SEC. 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. SEC. 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. SEC. 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. SEC. 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. c. Powers and Limitations

SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial acts: (1) (2) oaths (3) jurats;chan robles (4) signature (5) copy (6) any other act authorized by these Rules. acknowledgments; affirmations; law library witnessings; and

and virtual certifications;

(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"; andchan robles virtual law library (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. SEC. 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:chan robles virtual law library (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.chan robles virtual law library SEC. 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;chan robles virtual law library (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.chan robles virtual law library SEC. 4. 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. SEC. 5. False or Incomplete Certificate. - A notary public shall not:chan robles virtual law library (a) execute a certificate containing information known or believed by the notary to be false. (b) affix an official signature or seal on a notarial certificate that is incomplete.chan robles virtual law library SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize: (a) a blank or incomplete instrument or document; orchan robles virtual law library (b) an instrument or document without appropriate notarial certification.