Acknowledgment | Notarial Acts | PRACTICAL EXERCISES

DISCLAIMER: The following discussion is for general informational and educational purposes only. It is not intended as legal advice. For specific questions and concerns regarding your situation, it is best to consult a qualified Philippine attorney.

NOTARIAL ACTS IN THE PHILIPPINES: ACKNOWLEDGMENT

1. Overview of Notarial Acknowledgment

In Philippine practice, a Notarial Acknowledgment is a formal declaration before a duly commissioned notary public by a person who has executed an instrument (e.g., a deed, contract, or other legal document). The person acknowledges that the signature on the document was voluntarily affixed and that they fully understand the contents and consequences of the instrument.

Notarial acknowledgments serve critical public functions:

  1. Verification of Identity – Ensures that the person appearing is the same person whose name appears on the instrument.
  2. Voluntariness – Confirms that the execution of the document was not coerced or forced.
  3. Presumption of Regularity – Once a document is properly notarized, courts typically recognize the document as valid and authentic.
  4. Public Record – The notary maintains a register, serving as a reliable reference for the transaction.

Acknowledgment is a distinct notarial act from others such as jurats (where the document is sworn to), oaths and affirmations, or signature witnessing.

2. Legal Framework

The primary legal reference governing notarial practice in the Philippines is the 2004 Rules on Notarial Practice (as amended or supplemented by subsequent Supreme Court issuances). Additional statutes or rules may reinforce or supplement these guidelines, such as the New Civil Code (particularly regarding contracts and instruments) and relevant jurisprudence from the Supreme Court.

Under the 2004 Rules on Notarial Practice, a notarial acknowledgment must comply with specific requirements and formalities to be valid:

  1. Competent Evidence of Identity – Signatories must present acceptable identification (government-issued IDs like passports, driver’s licenses, etc.) if they are not personally known to the notary.
  2. Personal Appearance – The signatory must appear in person before the notary at the time of notarization.
  3. Proper Venue – The notary public can only perform notarial acts within the territorial jurisdiction for which the notary is commissioned.
  4. Notarial Register (Notarial Book) – Every acknowledgment is entered in the notary’s register, recording details such as the date and time of notarization, parties involved, and type of instrument notarized.
  5. Notarial Certificate – The notary must attach or affix a notarial certificate (often called the “acknowledgment certificate”) to the document or incorporate it at the end. This certificate states that the person signing the document appeared before the notary, was identified properly, and acknowledged executing the document.

3. Essential Elements and Procedure

Here is the step-by-step process and key elements typically observed for an acknowledgment:

  1. Preparation of the Document

    • The instrument (such as a Deed of Absolute Sale, Special Power of Attorney, or other legal form) must be complete and ready for signature.
    • If signatures are already present but not yet notarized, the signatory must still appear in person before the notary to acknowledge that it is indeed their signature.

  2. Verification of Identity

    • The notary must verify the identity of the signatory by requiring valid, current government-issued IDs.
    • If the signatory is personally known to the notary, the notary must still indicate that the signatory is personally known. Otherwise, a credible witness or the IDs serve as competent evidence of identity.

  3. Confirmation of Voluntariness and Understanding

    • The notary should ensure that the person understands the contents and significance of the document, and is not under duress or coercion.

  4. Execution (if not signed yet)

    • Depending on standard practice, the signatory may sign in the presence of the notary or present a previously signed document. Even if the document was previously signed, the signatory must still confirm to the notary that the signature is theirs.

  5. Acknowledgment Proper

    • The notary asks the signatory something along the lines of: “Do you affirm that this is your signature and that you have executed this instrument voluntarily?”
    • Once the person answers in the affirmative, the notary completes the acknowledgment certificate.

  6. Recording in the Notarial Register

    • Under the 2004 Rules, notaries must keep and maintain a notarial register (notarial book).
    • For every notarial act, the notary enters pertinent details:
      • The date and time of notarization.
      • The title or description of the instrument.
      • The type of notarial act (acknowledgment).
      • The name and address of each signatory.
      • The competent evidence of identity used.
      • The fee charged, if any.

  7. Notarial Certificate / Seal

    • The notary affixes a seal or stamp that includes the notary’s full name, commission number, place of commission, and commission expiry date.

    • The acknowledgment certificate typically follows a format somewhat like this:

      ACKNOWLEDGMENT
      Republic of the Philippines )
      ________________________ ) S.S.

      Before me, this __ day of ____________, personally appeared:

      Name: ____________________
      Competent Evidence of Identity: ________________

      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 place first above written.

      Notary Public
      Doc. No. __;
      Page No. __;
      Book No. __;
      Series of __.

4. Distinguishing Acknowledgment from Other Notarial Acts

  • Acknowledgment vs. Jurat: In an acknowledgment, the notary certifies that a person appeared before them and acknowledged executing the document. In a jurat, the notary administers an oath or affirmation that the contents of the document are true, and the signatory signs the document in the notary’s presence.
  • Acknowledgment vs. Oath/Affirmation: An oath or affirmation is a promise to tell the truth or to perform a particular duty. It is often used for affidavits or sworn statements. Acknowledgment is about verifying the identity of the document’s signer and the voluntary nature of the execution.

5. Importance and Legal Consequences

  1. Admissibility as Evidence: A document that has been duly acknowledged is self-authenticating in many judicial or quasi-judicial settings and does not need further proof of its genuineness, unless questioned on specific grounds (e.g., forgery).
  2. Validity of Certain Transactions: Certain contracts (e.g., real estate conveyances such as deeds of absolute sale, mortgages, lease contracts exceeding one year) require notarization to be binding on third parties or for registration in the Register of Deeds.
  3. Estoppel: A party who has acknowledged a document in front of a notary is often estopped from denying due execution later in court, barring extraordinary circumstances.
  4. Public Record: The notarial register containing the details of acknowledgment is open to inspection by authorized parties and may be subpoenaed by courts.

6. Notarial Misconduct and Legal Ethics

  • Prohibited Acts: A notary must not notarize a document if:

    1. The signatory is not in the notary’s presence.
    2. Proper identification is not presented (if the signatory is a stranger).
    3. The signatory lacks capacity, or there are indications the signatory does not understand the document or is under undue influence.
    4. The document is incomplete or contains blank spaces intended for future filling up.

  • Sanctions: Notaries who violate the Notarial Rules can face administrative, civil, or criminal liabilities (e.g., disbarment from legal practice, revocation of notarial commission, or even prosecution for falsification if the notary falsely certifies acknowledgment).

  • Obligation of Diligence: The notary public is ethically and legally mandated to be meticulous. Verifying capacity and willingness to execute the document is part of the due diligence required under legal ethics.

7. Best Practices for the Notary and the Signatory

  • For the Notary:

    1. Always require personal appearance.
    2. Always examine competent evidence of identity.
    3. Keep records scrupulously in the notarial register.
    4. Decline to notarize if any legal or ethical requirement is not met.
    5. Ensure the instrument is complete and that the signatory has read and understood it (if needed, read or interpret it to them).

  • For the Signatory:

    1. Appear personally before the notary.
    2. Bring valid and acceptable IDs.
    3. Verify the notary’s credentials (i.e., updated commission, professional license to practice law, official notarial seal).
    4. Read the instrument thoroughly before appearing to ensure you understand its contents.

8. Sample Acknowledgment Form

Below is a more detailed sample acknowledgment clause commonly used in the Philippines:

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES     )
_____________________________   ) S.S.

BEFORE ME, a Notary Public for and in the __________________ [Province/City],
this ____ day of ______________, 20__, personally appeared the following:

Name                 Competent Evidence of Identity          Date/Place Issued
_________________    _______________________________         ________________
_________________    _______________________________         ________________

known to me (or identified through competent evidence of identity) to be the same
person(s) who executed the foregoing instrument, and who acknowledged to me that
the same is his/her/their free and voluntary act and deed, and if he/she/they
acted in a representative capacity, that he/she/they have the authority to sign
in such capacity.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on 
the date and at the place above written.

Notary Public

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

9. Common Pitfalls

  1. Notary Not Personally Seeing the Signatory: This voids the acknowledgment and can expose the notary to sanctions.
  2. Failure to Record Properly in the Notarial Register: Could render the notarization questionable.
  3. Not Checking ID Thoroughly: Risk of fraud or identity theft.
  4. Acknowledging a Blank Document: Strictly prohibited, as the signatory is effectively not “acknowledging” a complete instrument.

10. Effects of Defective or Irregular Acknowledgment

A defective acknowledgment (e.g., done without the signatory physically appearing before the notary, or without verifying identity) can result in:

  1. Nullity of the Notarization – The instrument loses the presumption of validity and authenticity.
  2. Administrative Liability for the Notary – Suspension or revocation of notarial commission, or even disbarment.
  3. Possible Civil or Criminal Penalties – Depending on the nature of the irregularity (e.g., forgery, falsification).

11. Conclusion

An acknowledgment under Philippine law is a foundational notarial act that gives documents enhanced legal status, presumed authenticity, and formality. By requiring personal appearance, identity verification, and a clear declaration of voluntary execution, acknowledgment safeguards the integrity of written agreements and public instruments.

Notaries public have an important ethical and legal responsibility to perform acknowledgments correctly and diligently. Parties seeking to have their documents notarized likewise must comply with procedures—particularly personal appearance and presentation of proper identification—to ensure the document’s enforceability and legal effect.

REMINDER: Always consult the latest Supreme Court rules, relevant statutes, and case law, as notarial practice requirements may be updated or clarified through jurisprudence. When in doubt, seek guidance from a practicing attorney or the Office of the Clerk of Court that supervises notaries in your locality.

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

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