Qualifications of a Notary Public | The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

Below is a comprehensive, practitioner-focused discussion of the qualifications of a notary public under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) in the Philippines. While the Rules contain numerous provisions on application procedures, duties, and liabilities of notaries, this write-up zeroes in on the core topic: the requirements and qualifications one must satisfy to be commissioned as a notary public. Where relevant, I also include references to other related aspects of the Rules that directly influence or clarify these qualifications.

I. LEGAL BASIS AND OVERVIEW

The 2004 Rules on Notarial Practice (“2004 Rules”) took effect on August 1, 2004. They were promulgated by the Supreme Court of the Philippines to standardize and professionalize notarial practice, ensuring integrity, reliability, and respect for notarized documents.

  • Rule III of the 2004 Rules (or sometimes cited as Rule II in certain references) governs the issuance of a Notarial Commission, the instrument by which a qualified lawyer is formally appointed and authorized to perform notarial acts.
  • Only lawyers in good standing can generally be commissioned as notaries public under Philippine law (with limited exceptions for existing notaries prior to effectivity of the Rules, subject to certain conditions).

Because notaries in the Philippines perform not just an administrative function but a quasi-judicial and public function—attesting to the due execution, authenticity, and voluntariness of documents—the Supreme Court has exacted rigorous standards before one can obtain and keep a notarial commission.

II. QUALIFICATIONS FOR A NOTARIAL COMMISSION

Under Section 1, Rule III of the 2004 Rules on Notarial Practice, an Executive Judge of the Regional Trial Court in the province or city where the applicant seeks to be commissioned can issue a notarial commission only to a person who meets all of the following qualifications:

  1. Citizenship

    • The applicant must be a citizen of the Philippines.

  2. Age Requirement

    • The applicant must be over twenty-one (21) years of age.

  3. Residency

    • The applicant must have resided regularly in the Philippines for at least one (1) year before the application.
    • Additionally, the applicant must maintain a regular place of work or business in the territorial jurisdiction of the court (i.e., the city or province) where the application for commission is filed.

  4. Membership in the Philippine Bar

    • The applicant must be a member in good standing of the Philippine Bar.
    • Being a “member in good standing” of the Bar includes:
      • Being an active attorney admitted to practice law in the Philippines, whose name still appears in the Roll of Attorneys;
      • Having no unpaid membership fees or other dues owed to the Integrated Bar of the Philippines (IBP);
      • Not currently suffering any administrative suspension or disbarment from law practice.

  5. Completion of Notarial Practice Course

    • The 2004 Rules introduced a requirement that the applicant must have successfully completed a notarial practice course conducted under the supervision of the Supreme Court, or by an official entity (e.g., the MCLE Committee or IBP chapters authorized to conduct notarial practice seminars).
    • The Supreme Court or its designated agencies typically require a seminar or training covering the fundamentals of notarial practice, ethical considerations, and updates on notarial rules before one can apply or renew a commission.

  6. No Conviction for Crime Involving Moral Turpitude

    • The applicant must not have been convicted in the first instance (whether the judgment is final or on appeal) of any crime involving moral turpitude.
    • “Moral turpitude” generally refers to a crime that involves fraud or an act of baseness, vileness, or depravity in the private or social duties which one owes to fellow persons or to society in general.

Points of Emphasis

  • The applicant must strictly comply with all the above qualifications at the time of filing the application.
  • The Executive Judge has the discretion to determine if an applicant meets the requirements.
  • The applicant has the burden of showing compliance, and must support the application with the requisite documentary evidence (e.g., IBP certification of good standing, certificate of seminar completion, proof of residence, etc.).

III. APPLICATION PROCESS AND RELATED REQUIREMENTS

While the question focuses on qualifications, it helps to know how these qualifications come into play during the application process. Some of the key points include:

  1. Filing of Application

    • The applicant files with the Office of the Executive Judge a verified application in the form prescribed by the Supreme Court.
    • Attachments often include:
      • Certificate of membership in good standing from the IBP;
      • Certificate of completion of the notarial practice seminar;
      • Proof of professional tax receipt (PTR);
      • Proof of MCLE compliance, if required; and
      • Other documents showing residency and office location.

  2. Posting or Publication

    • Applicants are sometimes required to post or publish their application (depending on local court practices) to inform the public of their intent to be commissioned, giving interested parties an opportunity to oppose if any ground for disqualification exists.

  3. Bond or Professional Liability Insurance

    • Once qualified, the applicant must file a surety bond (or show proof of professional liability insurance) in an amount not less than that required by the Rules (often a minimal requirement set by the Executive Judge). This is to answer for any claims arising out of a notarial act.

  4. Issuance of Commission and Notarial Register

    • If the Executive Judge is satisfied that all qualifications and requirements are met, the judge issues a Notarial Commission valid usually for a two-year period (coinciding with the notarial calendar years in many jurisdictions).
    • The newly commissioned notary public is then required to obtain a notarial seal and keep a notarial register.

IV. MAINTAINING “GOOD STANDING” AND OTHER CONTINUING REQUIREMENTS

1. Good Standing in the Philippine Bar

  • Being in good standing is not a one-time requirement. A notary must continuously meet this standard; otherwise, the notarial commission may be suspended or revoked.
  • Common pitfalls that cause an attorney to lose good standing:
    • Non-payment of IBP dues;
    • Non-compliance with the Mandatory Continuing Legal Education (MCLE) requirements;
    • Administrative complaints leading to suspension or disbarment.

2. Regular Place of Business or Office

  • A notary public must maintain a specific office address within the court’s jurisdiction throughout the term of the commission.
  • If the notary moves offices or changes residence outside the territorial jurisdiction for which the notarial commission was granted, the commission may be revoked or becomes ineffective.

3. Renewal of Commission

  • Before the notarial commission expires, the lawyer may apply for renewal following essentially the same procedure as the initial application, including updated proof of compliance with MCLE, IBP fees, and the notarial seminar if required.

V. GROUNDS FOR DISQUALIFICATION, SUSPENSION, OR REVOCATION

A commissioned notary who ceases to meet the qualifications or engages in misconduct can be suspended or removed from the notarial roster. Common causes include:

  1. Loss of Good Standing

    • Administrative suspension or disbarment.
    • Lapsed IBP membership.

  2. Conviction of a Crime Involving Moral Turpitude

    • Even a conviction during the pendency of the notarial commission is a ground for revocation.

  3. Violation of the Rules on Notarial Practice

    • E.g., notarizing documents without the personal appearance of the signatory, failing to keep a proper notarial register, charging illegal fees, etc.

  4. Failure to Maintain an Office in the Territorial Jurisdiction

    • If the notary public no longer has an office or residence in the place where commissioned.

Upon a finding of violation, the Executive Judge or the Supreme Court (through the Office of the Court Administrator) can impose penalties ranging from administrative fines, suspension, revocation of the notarial commission, and even disqualification from being commissioned in the future.

VI. ETHICAL IMPORTANCE OF STRICT QUALIFICATIONS

Canon VI of the Code of Professional Responsibility emphasizes a lawyer’s accountability not only to the client but also to the community and courts. The notarial function carries with it a public trust:

  • The public relies on the presumption of regularity and authenticity of notarized documents.
  • This trust is the reason only those who demonstrate integrity and professional competence are entrusted with the notarial seal.
  • The 2004 Rules thus underscore that being a notary is not merely a “side” function but a public office of the highest fiduciary character.

By enforcing stringent qualification standards—citizenship, age, bar membership, good moral character, continuing legal education, and the absence of criminal convictions involving moral turpitude—the Supreme Court safeguards the integrity of the notarial system.

VII. PRACTICAL TAKEAWAYS AND TIPS

  1. Maintain Good Bar Standing Year-Round

    • Promptly pay IBP dues, file MCLE compliance, and avoid conduct that could lead to administrative sanctions.

  2. Keep Your Records Updated

    • Ensure your address and office details (with the Executive Judge and IBP) always reflect current information.

  3. Attend Mandatory Seminars

    • Prior to initial application or renewal, verify the latest requirements for the notarial practice seminar or any specialized training mandated by the Supreme Court or the IBP.

  4. Monitor Deadlines

    • The notarial commission is usually effective for two years; prepare renewal requirements ahead of time to avoid lapses that may result in unauthorized notarial acts.

  5. Avoid Unauthorized Practices

    • A newly admitted lawyer under two years of practice might face additional scrutiny from the Executive Judge; verify your eligibility and be ready to show compliance with any local bar or Supreme Court guidelines.

  6. Be Vigilant About Criminal or Administrative Cases

    • Any pending criminal charge (especially those involving moral turpitude) or administrative case can threaten your notarial commission. Resolve them promptly and inform the court if required.

VIII. CONCLUSION

Under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), the qualifications for a notary public are deliberately stringent to preserve the authenticity and public confidence in notarized documents. A notary in the Philippines must be:

  1. A Filipino citizen;
  2. Over 21 years old;
  3. A resident in the Philippines (and specifically in the locality of application);
  4. A member in good standing of the Philippine Bar;
  5. A graduate of the required notarial practice course; and
  6. Free from any conviction of a crime involving moral turpitude.

These qualifications are not merely formalities; they are ongoing responsibilities. Once commissioned, the notary must continuously maintain all these conditions or risk suspension/revocation of the commission. Ultimately, the rules underscore that notarization is a public function of the highest order, entrusted only to those who consistently uphold the ethics and accountability expected of members of the Philippine legal profession.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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