Below is a comprehensive discussion of Notarial Acts in the Philippines, touching on relevant Remedial Law, Legal Ethics, and Legal Forms, with a focus on the practical aspects of notarial practice. This is based on the applicable laws, jurisprudence, and the 2004 Rules on Notarial Practice (as amended). While this aims to be thorough, always consult the actual rules, statutes, and pertinent Supreme Court circulars for the most authoritative guidance.

1. Overview of Notarial Practice in the Philippines

1.1. Definition of Notarial Act

A notarial act (or notarization) is any act that a notary public is authorized to perform under Philippine law. It generally involves:

Verifying the identity of a person requesting notarization,
Confirming the voluntariness of the act,
Administering oaths or affirmations, and
Attesting to or certifying certain facts or events (e.g., signature, date).

1.2. Governing Laws and Rules

2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended (notably in 2019).
Rules of Court provisions on legal documents and evidence (e.g., authentication of documents).
Civil Code of the Philippines (e.g., when public documents are required for the validity or enforceability of certain transactions).
Relevant Supreme Court Circulars and Administrative Matters pertaining to notarial commissions.

1.3. Purpose of Notarization

Notarization serves to:

Prevent fraud by requiring proper identification and presence of the signatory.
Convert private documents into public instruments to give them a higher degree of authenticity and reliability in court.
Ensure voluntariness and awareness by the parties executing the document.
Maintain a registry of notarial acts that the public can rely upon.

2. Qualifications, Commission, and Authority of a Notary Public

2.1. Qualifications of a Notary Public

Under the 2004 Rules on Notarial Practice (Rule III, Section 1), a notary public must:

Be a member of the Philippine Bar in good standing.
Have regular place of work or business in the city or province where the commission is sought.
Submit a petition for commission to the Executive Judge of the Regional Trial Court (RTC) in the territorial jurisdiction where the notary will perform his/her duties.
Post a surety bond (amount as prescribed by the rules, typically PHP 20,000.00) from a reputable bonding company, and present an insurance policy or cash bond as required.
Not have been convicted in the first instance of any crime involving moral turpitude.

2.2. Application for Commission

The application (or petition) is filed with the RTC.
The applicant must attach:
- Proof of IBP membership in good standing,
- Proof of payment of IBP dues,
- Proof of compliance with Mandatory Continuing Legal Education (MCLE) requirements,
- Proposed Notarial Register (if newly applying),
- Surety bond documentation.

2.3. Term of Notarial Commission

Generally, the notarial commission is valid for two (2) years, starting from the date indicated in the order of the Executive Judge.
Renewal follows substantially the same process as a new application, unless local rules modify any particular requirements.

2.4. Territorial Jurisdiction

The notarial commission authorizes the notary public to perform notarial acts within the geographic boundaries of the city or province where the notary is commissioned.
Performing notarial acts outside of the authorized territory is void and may subject the notary to administrative and criminal liability.

3. Types of Notarial Acts

3.1. Acknowledgment

Definition: An acknowledgment is a declaration by a person that the act of executing a document was done by him or her freely and voluntarily, before a notary public.
Key Requirement: The person must personally appear before the notary.
Notary’s Role:
- Ascertain the identity of the signatory,
- Ensure the signatory understands the document and is executing it voluntarily,
- Complete the notarial certificate attesting to these facts.

3.2. Jurat

Definition: A jurat is a certification that a person, appearing before the notary, has signed a document in the notary’s presence and has been administered an oath or affirmation.
Key Requirement: The document is signed in front of the notary, and the signatory swears/affirms to the truth of its contents.
Commonly used in affidavits, sworn statements, and pleadings requiring verification.

3.3. Oath or Affirmation

The notary public can administer oaths or affirmations in various legal proceedings or for affidavits.
Must ensure that the person taking the oath understands the solemnity and legal implications of the statement made under oath.

3.4. Signature Witnessing

Although less commonly done as a standalone act in the Philippines (compared to other jurisdictions), the notary can witness signatures, provided it aligns with local requirements.

3.5. Certified True Copy / Document Copy Certification

In the Philippines, lawyers (not just notaries) typically certify true copies of documents, but certain rules require the notarial act of a notary public to certify a copy is faithful to the original.
Important: Some documents (e.g., civil registry documents, NBI clearances) must be certified only by the official custodians.

3.6. Protest of Bills of Exchange and Notes

A protest is a certificate of dishonor made by a notary public or other authorized official.
Primarily arises in negotiable instruments law (checks, promissory notes).

4. Duties, Responsibilities, and Ethical Considerations

4.1. Personal Appearance

Mandatory personal appearance of the individual whose signature is being notarized.
Notaries must refuse service if the person does not appear personally or if there is doubt about the identity or capacity of the signatory.

4.2. Identification of Signatory

Notary must require competent evidence of identity, such as:
- Government-issued IDs with photo and signature, or
- At least two credible witnesses who are personally known to the notary and who personally know the signatory.

4.3. Refusal to Notarize

A notary public must refuse to perform a notarial act if:

The document is incomplete or contains blank spaces.
The signatory appears to be coerced or not of sound mind.
The signatory is not personally present or properly identified.
The transaction is illegal, immoral, or fraudulent.

4.4. Notarial Register

Every notary must keep a notarial register (logbook).
Required entries include:
1. Date and time of the notarial act,
2. Type of document notarized,
3. Full name and address of the signatory,
4. Competent evidence of identity details,
5. Signature or thumbmark of the signatory,
6. Document title,
7. Doc. No./Page No./Book No./Series of details on the notarial certificate.
The notarial register is subject to inspection by the court or other authorities.
When the notary’s commission ends, the register must be submitted to the Clerk of Court.

4.5. Notarial Seal

A notarial seal or stamp is mandatory.
It should contain:
- Name of the notary public,
- Commission number,
- Place (city/province) of commission,
- Validity (commission expiration),
- The phrase “Notary Public” or similar designation.

4.6. Fees

Notarial fees are regulated. The Supreme Court sets guidelines on reasonable fees.
Overcharging or abusing the fee schedule can lead to administrative sanctions.

4.7. Prohibitions and Conflicts of Interest

A notary must not notarize a document where he/she is a party, or where the notary has a direct interest in the transaction.
Notaries must adhere to the Code of Professional Responsibility for lawyers, applying due care, fairness, and honesty in the performance of their notarial duties.

5. Consequences of Notarial Misconduct

5.1. Administrative Liability

The Supreme Court exercises disciplinary power over notaries.
Possible sanctions:
- Revocation of notarial commission,
- Disqualification from being commissioned as a notary public,
- Suspension or disbarment from the practice of law (if the notary is a lawyer),
- Fines and other penalties as deemed proper by the Court.

5.2. Criminal Liability

Certain violations (e.g., falsification of public documents, perjury, forgery) can lead to criminal prosecution.

5.3. Evidentiary Consequences

A defectively notarized document may be deemed as a mere private document and not accorded the evidentiary weight of a public instrument.
In real estate transactions (e.g., sale, mortgage), improper notarization can undermine the validity and enforceability of the transaction.

6. Practical Exercises and Sample Forms

Below are common forms used in notarial practice. These are standard templates and should be tailored to the specific facts and requirements of each case. Always ensure compliance with the latest rules.

6.1. Sample Acknowledgment Form

Republic of the Philippines )
________________________ ) S.S.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the [City/Province] of __________, this ___ day of __________, 20___, personally appeared:

Name               Identification       Issued On/At
________________   _________________    ________________

Known to me and to me known to be the same person who executed the foregoing instrument and he/she acknowledged to me that the same is his/her free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL on the date and at the place above written.

Notary Public
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 20___.

6.2. Sample Jurat Form (Affidavit)

Republic of the Philippines )
________________________ ) S.S.

SUBSCRIBED AND SWORN to before me, a Notary Public in and for [City/Province] of ________, this ___ day of __________, 20___, by:

Name               Identification       Issued On/At
________________   _________________    ________________

who exhibited to me the above-stated competent evidence of identity and who affirmed that he/she voluntarily executed the foregoing and that the same is true and correct to the best of his/her knowledge.

WITNESS MY HAND AND NOTARIAL SEAL on the date and at the place above written.

Notary Public
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 20___.

6.3. Sample Affidavit Template

AFFIDAVIT

I, [Name of Affiant], of legal age, [civil status], Filipino, and a resident of ______________________, after being duly sworn in accordance with law, depose and say:

1. That __________________________;
2. That __________________________;
3. That __________________________.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 20___ in __________.

_________________________
[Name and Signature of Affiant]

SUBSCRIBED AND SWORN to before me this ___ day of __________, 20___ at __________, affiant exhibiting to me his/her [competent evidence of identity].

Notary Public

Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 20___.

7. Practical Tips for Notarial Acts

Always require personal appearance. Never notarize documents if you did not personally see the person sign or acknowledge the document.
Examine the document carefully for blank spaces, incomplete information, or suspicious details.
Use the correct form of certificate (Acknowledgment vs. Jurat). Mismatched certificates can render the notarization defective.
Keep a proper notarial register. Record details meticulously; the register may be scrutinized in court.
Maintain neutrality. Notarization is a public function; avoid conflicts of interest and do not notarize if you have a direct beneficial interest in the document.
Update your notarial seal and ensure it reflects your current commission.
Stay informed of new rules and Supreme Court issuances that may amend notarial practice standards.

8. Recent Developments and E-Notarization

The Supreme Court occasionally issues guidelines on electronic or remote notarization, especially under special circumstances (e.g., public health emergencies).
As of this writing, traditional in-person notarization remains the primary method, and remote notarization, if allowed, typically requires specific Supreme Court authority or pilot programs.
Always verify the latest Administrative Matters from the Supreme Court regarding any electronic notarization pilot programs or special rules.

9. Conclusion

Notarial practice in the Philippines is both a privilege and a responsibility. It protects the integrity of legal documents and transactions by ensuring authenticity, voluntariness, and due execution. Notaries public, being lawyers, are held to the highest ethical and professional standards under the Code of Professional Responsibility and the 2004 Rules on Notarial Practice.

By diligently following the rules—requiring personal appearance, proper identification, correct use of notarial certificates, and faithful record-keeping—one helps maintain the public’s trust in notarized documents and the Philippine legal system as a whole.

Disclaimer: This summary is for educational and general informational purposes. For specific legal concerns or updates on recent rules and jurisprudence, always consult the official statutes, Supreme Court rules, or a qualified legal professional.