Below is a meticulous, straightforward discussion of the provisions and principles governing the jurisdiction of a notary public and the place of notarization under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), in relation to the notary’s accountability and ethical responsibilities. While this is as comprehensive as possible, always refer to the exact text of the 2004 Rules on Notarial Practice, Supreme Court issuances, and any relevant jurisprudence for precise guidance.

1. Overview: The Notarial Commission Under the 2004 Rules on Notarial Practice

Commissioning Authority
- A notarial commission is issued by the Executive Judge of the Regional Trial Court (RTC) in the province or city where the applicant for commission principally holds office.
- The commission is valid for two (2) years from the date of its issuance unless revoked or the notary resigns earlier.
Scope of Authority
- Under the 2004 Rules on Notarial Practice, a notary public is authorized to perform notarial acts only within the territorial jurisdiction of the court that granted the notarial commission.
- Practically, if you are commissioned by the Executive Judge of the RTC of, say, Manila, you can only perform valid notarial acts within the city of Manila.
- Performing or offering to perform notarial acts outside the territory for which the commission was issued is a ground for disciplinary action and invalidates the notarial act.
Place of Business and Office Address
- The 2004 Rules require that an applicant for a notarial commission must specify a principal place of business in the city or province where the commission is sought.
- This office address is crucial because it not only affirms the nexus of the notary public to the locality but also provides the location of the notarial records for public inspection.

2. Territorial Jurisdiction of a Notary Public

General Rule
- 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.
- The notarial certificate must clearly indicate the city or province where the notary public is commissioned and where the notarial act actually took place.
Invalid Notarial Acts Outside Jurisdiction
- When a notary public performs a notarial act outside the place of commission, that act is considered void for lack of authority.
- 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.
Notary’s Personal Accountability
- 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.

3. The Place of Notarization: Practical and Legal Requirements

Physical Presence and Venue
- The signatory (principal) must personally appear before the notary public within the territorial jurisdiction of the commission.
- 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).
Indication of Place in the Notarial Certificate
- 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] …”
- This ensures clarity that the notary performed the act within the bounds of his or her commission.
Prohibition Against “Mobile Notarization” Outside the Commission Area
- 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.
Exceptions or Special Arrangements
- Strictly speaking, under the 2004 Rules, no exception allows a notary to notarize outside his or her commission’s jurisdiction.
- 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.

4. Administrative and Ethical Implications

Grounds for Disciplinary Action
- If a notary public notarizes documents outside the territorial limits of the commission, it is a ground for (a) revocation of the notarial commission, (b) disqualification from reappointment, (c) suspension from the practice of law if the notary is a lawyer, and/or (d) fine.
- The Supreme Court has consistently held lawyers and notaries to a high standard of ethical accountability because notarial acts carry the presumption of regularity and authenticity crucial in legal transactions.
Duty of Diligence and Verification
- Aside from territorial concerns, the notary public must also ensure that all other requirements of notarization are met (e.g., personal appearance of the signatory, verification of identity through competent evidence of identity, completeness of the notarial certificate, correct entries in the notarial register, etc.).
- Failing to observe these can also lead to penalties under Canon VI (accountability) and other relevant provisions of law.
Importance of the Notarial Register
- The notarial register must accurately reflect where (and when) each notarization occurred, the details of the signer’s identification, and other relevant data. This register is subject to inspection by the Supreme Court or other authorized entities.

5. Consequences of Invalid Notarization

Documentary Consequences
- A document purportedly notarized outside the notary’s jurisdiction is not considered validly notarized. As a result, the document may not enjoy the “public document” status or the evidentiary weight that a notarized document typically carries under Philippine law.
- If the document is used in court or for other official purposes, its probative value can be challenged or outright rejected.
Possible Civil or Criminal Liability
- Where a party relies on a defective notarization to his or her detriment, the notary public could face possible civil liability.
- In more egregious cases (e.g., forgery, fraud), criminal charges may also be considered.

6. Best Practices to Ensure Compliance

Keep an Updated Commission
- The notary public must regularly renew his or her commission with the Executive Judge having jurisdiction and ensure that the commission has not expired.
Maintain Clear Records
- Always note the exact location of notarization in the notarial register and in the acknowledgment or jurat clause.
- Store records properly, as the notarial register and seal are subject to inspection and audit.
Decline Notarizations Outside Jurisdiction
- If a client requests notarial services outside the city or province of the notary’s commission, the prudent and ethical action is to refuse and advise the client to find a notary public with the proper commission in that area.
Strictly Observe the Rules on Personal Appearance
- Ensure every signatory appears in person and that all identification and documentary requirements are met. This complements the requirement that the notarization take place in the area of commission.
Stay Informed of Updates
- The Supreme Court may issue new guidelines or clarifications. Regularly check for circulars, bar matters, or administrative issuances relating to the notarial practice.

7. Key References from the 2004 Rules on Notarial Practice

Rule II, Section 2 (Qualifications for Commission and Territorial Jurisdiction)
Rule III (Form and Content of Notarial Certificates)
Rule IV (Powers and Limitations of Notaries Public)
Rule V (Notarial Register)
Rule XI (Sanctions and Penalties)

These provisions, read together, lay out the who, what, where, how, and when of notarial acts, with specific emphasis on the jurisdiction of the notary public and the place where notarization must occur.

8. Summary

A notary public’s authority to perform notarial acts is strictly confined to the city or province for which the notarial commission was issued.
Performing notarial acts beyond this territorial limit is invalid and exposes the notary to administrative, civil, and possibly criminal liabilities.
The place of notarization must be clearly stated in the acknowledgment or jurat and must be within the commissioning jurisdiction.
Adherence to Canon VI of the Code of Professional Responsibility and the 2004 Rules on Notarial Practice ensures the accountability of notaries public, preserving the integrity and reliability of notarized documents in the Philippine legal system.

In conclusion, the 2004 Rules on Notarial Practice underscore the importance of restricting a notary public’s functions to the precise area for which he or she is commissioned. Strict compliance with these rules—and with Canon VI of the Code of Professional Responsibility—upholds public trust in notarized documents and maintains the credibility of the legal profession. When in doubt, always consult the text of the rules and relevant Supreme Court issuances to ensure full compliance.