COPY CERTIFICATION AS A NOTARIAL ACT UNDER PHILIPPINE LAW
(All references are to the 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] and other relevant Philippine laws unless otherwise indicated.)
1. OVERVIEW OF NOTARIAL ACTS IN THE PHILIPPINES
Under Rule IV of the 2004 Rules on Notarial Practice, a notary public in the Philippines is authorized to perform various notarial acts, which include:
- Acknowledgment
- Oath or Affirmation
- Jurat
- Signature Witnessing
- Copy Certification
- Any other act authorized by these Rules
Copy Certification stands out as a notarial act that involves a comparison of an original document with its copy to verify that the copy is an accurate reproduction of the original. The rules set certain conditions, limitations, and procedures to ensure the integrity of this notarial act.
2. DEFINITION OF COPY CERTIFICATION
A Copy Certification (also sometimes referred to as “Certified True Copy” in layman’s terms, but specifically regulated as a notarial act) is defined in the 2004 Rules on Notarial Practice as follows:
“A notarial act in which a notary public is presented with an original document, prepared by another person or entity, and asked to certify or verify that the copy is a true, correct, and complete reproduction of the original document. The notary may also certify that a printout of an electronically transmitted or recorded document is accurate and complete as of the time of certification.”
In performing Copy Certification, the notary public compares the copy and the original to confirm that they match in terms of content, structure, and every pertinent detail (such as attached pages, exhibits, seals, and signatures, if any). If satisfied, the notary then executes the notarial certificate stating that the copy is accurate and complete.
3. LEGAL AND ETHICAL FRAMEWORK
Authority of the Notary Public
- Only duly commissioned notaries public, commissioned in the territorial jurisdiction where they perform notarial acts, may certify copies of documents under the 2004 Rules on Notarial Practice.
- The notary’s authority to certify copies is subject to strict compliance with the procedural and documentary requirements outlined in the same rules.
Prohibitions and Limitations
- Public Records or Official Documents Issued by Government Offices: Generally, the notary public cannot certify true copies of documents that are public records and that are on file with or can be obtained directly from a public office. Typical examples are birth certificates, marriage certificates, death certificates, and certificates of no marriage (CENOMAR). These documents must be obtained as certified true copies from the issuing government agency (e.g., the Philippine Statistics Authority).
- Incomplete or Illegible Originals: The notary must refuse to certify a copy if the original document appears incomplete, tampered with, or has missing pages.
- Unverified Originals: If the notary public has reason to doubt that the document presented is the genuine original, or if the notary is not in a position to verify authenticity, the notary must not proceed with copy certification.
Ethical Considerations
- Duty of Diligence: A notary must thoroughly inspect and compare the copy with the original. Simply glancing over pages or doing a superficial check is not enough. The notary must ensure every page, attachment, or seal present in the original is present and legible in the copy.
- Duty to Avoid Conflicts of Interest: If the notary has any conflict of interest or direct involvement (e.g., the notary is a party to the document), the notary must not perform the act.
- Avoidance of False Certifications: Intentionally certifying a document as true and correct when it is not, or when the notary has not performed the due comparison, constitutes serious professional misconduct. Penalties range from administrative sanctions (suspension or revocation of the notarial commission) to criminal liability in some cases (e.g., falsification).
Remedial Law Angle
- Court Evidence: Certified true copies of documents are often required for court filings (e.g., motions, pleadings, or supporting evidence). While the best evidence is typically the original, courts often permit certified true copies—provided the certification comes from either the official custodian (e.g., a government agency) or a notarized copy certification for private documents.
- Authenticity: A properly executed notarial certification is presumed regular and valid, absent any contrary evidence.
4. PROCEDURAL REQUIREMENTS FOR COPY CERTIFICATION
Presentation of the Original Document
- The individual requesting the notarization must present the complete original document to the notary. The original should be examined for any signs of alteration or missing pages.
Comparison and Verification
- The notary must personally compare the original document with the copy.
- If the copy is made in the notary’s presence, the notary should supervise or observe the copying process to ensure accuracy.
- The notary checks all pages, attachments, seals, stamps, or signatures in the original and makes sure they appear identically in the copy.
Execution of the Certificate of Copy Certification
- After confirming that the copy is indeed identical to the original, the notary prepares a Notarial Certificate specifically stating:
- The type of document certified (brief description).
- A statement that the notary compared the copy with the original.
- A declaration that the copy is a true, correct, and complete reproduction of the original.
- The place and date of certification.
- The notary’s signature, official seal, and details of the notary’s commission.
- After confirming that the copy is indeed identical to the original, the notary prepares a Notarial Certificate specifically stating:
Entry in the Notarial Register
- Under the 2004 Rules on Notarial Practice, every notarial act, including copy certifications, must be recorded in the Notarial Register. The notary must note:
- The date and time of the notarial act.
- A description of the document or instrument.
- The number of pages.
- The name and address of the person who requested the notarial act.
- The type of identification document(s) presented by the requesting party.
- Under the 2004 Rules on Notarial Practice, every notarial act, including copy certifications, must be recorded in the Notarial Register. The notary must note:
Fees
- The notary may charge a fee for copy certification as regulated by the Supreme Court or local integrated bar chapters (subject to local guidelines on notarial fees). Excessive or extortionary fees are prohibited.
5. EXAMPLES OF DOCUMENTS ELIGIBLE FOR COPY CERTIFICATION
- Private Contracts (e.g., contracts to sell, lease agreements, private certifications) where the original is in the client’s possession, and an officially certified copy from a government office is not required.
- Personal Documents (e.g., transcripts, diplomas, or letters) not considered official public records, but for which the requesting party wants a notarial certification to assure third parties of authenticity.
- Passports or ID Cards (depending on the notary’s policy and the relevant agency rules) as long as they are not specifically restricted from being copy-certified; the notary, however, must exercise extra caution because some government IDs are best validated by the issuing authority.
- Corporate or Commercial Documents (e.g., board resolutions, articles of incorporation, unless they are already filed with the SEC, in which case official certified copies from the SEC may be more appropriate).
6. DOCUMENTS PROHIBITED (OR STRONGLY DISCOURAGED) FROM COPY CERTIFICATION
- Birth/Marriage/Death Certificates issued by the Philippine Statistics Authority (PSA) or Local Civil Registrar. These must be obtained as certified true copies from the issuing authority.
- Court Issued Documents (like orders, decisions, or subpoenas). The notary public must not issue an alternative “certified true copy” in lieu of the official court-certified copy.
- Other Public Records (e.g., land titles from the Registry of Deeds, tax declarations from the Assessor’s Office, business permits from the Mayor’s Office) which require official certified copies from the custodian offices.
7. SAMPLE NOTARIAL CERTIFICATE FOR COPY CERTIFICATION
Below is a template that illustrates how a Copy Certification certificate may be worded under Philippine practice. The details may vary slightly depending on each notary’s style, but the essential statements are mandated by the rules:
Republic of the Philippines )
City/Municipality of ________ ) S.S.
COPY CERTIFICATION
I, [Name of Notary Public], a duly commissioned Notary Public for and in
the [City/Municipality/Province of _________], Republic of the Philippines,
with Notarial Commission No. ___, valid until __________, hereby certify:
That on this _____ day of __________, 20__, at my office located at
__________________________, the following instrument/document was presented
to me by [Name of Requesting Party], who is personally known to me or
identified by me through a competent evidence of identity in accordance with
the 2004 Rules on Notarial Practice:
Description of Document: (e.g., Original XYZ Document dated ____ consisting
of __ pages)
I compared the attached copy with the original document, and I hereby
certify that the attached copy is a true, correct, and complete copy of the
original.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
_________________________
[Notary Public’s Signature]
[Printed Name of Notary Public]
Notary Public for ________
Until December 31, 20__
Notarial Commission No. ______
Roll of Attorneys No. _________
IBP Lifetime/Current Paid OR No. ____ / ___[date]___ / ___[chapter]___
PTR No. ______ / ___[date]___ / ___[place]___
Doc No. _____;
Page No. _____;
Book No. _____;
Series of 20__.Key Points of the Certificate:
- Identification: The notary confirms the identity of the requesting party via competent evidence of identity (e.g., government-issued ID) as prescribed by the 2004 Rules.
- Document Description: The notary describes the original document in enough detail to distinguish it.
- Verification Statement: The notary explicitly states that the notary compared the original to the copy.
- Notarial Register Entry: The notary logs the transaction details (Doc. No., Page No., Book No., Series of …).
8. CONSEQUENCES OF NON-COMPLIANCE OR MISCONDUCT
Administrative Sanctions
- The Supreme Court or appropriate administrative bodies may suspend or revoke the notarial commission of a notary who certifies copies without actual comparison or who violates the notarial rules.
Criminal Liability
- Falsification of public documents (or private documents in certain contexts) may be punishable under the Revised Penal Code if the notary certifies a false copy or knowingly attests to an untrue statement.
Civil Liability
- A party harmed by an erroneous or fraudulent certification may file a civil case for damages against the notary.
9. PRACTICAL TIPS FOR NOTARIES
- Inspect Thoroughly: Before certifying, do a page-by-page check.
- Refuse When Unsure: If uncertain about the authenticity of the original or the propriety of certifying a particular document (especially if it is clearly a public record), politely decline.
- Maintain Proper Records: Accurately record every copy certification transaction in the Notarial Register, as the Supreme Court conducts random audits.
- Stay Updated: Familiarize yourself with memoranda or directives from the Supreme Court, the Integrated Bar of the Philippines, and local courts regarding notarial practice updates.
- Explain to Clients: Many individuals mistakenly think notaries can “certify true copies” of any document, including PSA-issued records. Educate them that official custodians are required for such public documents.
10. CONCLUSION
Copy Certification is a crucial notarial act governed by the 2004 Rules on Notarial Practice. It upholds the integrity of private documentary evidence by ensuring that copies presented to third parties are accurate replicas of their originals. A Philippine notary public, empowered to perform this act, must exercise due diligence, adhere strictly to legal requirements, and act within the ethical bounds set by the Supreme Court. Failure to comply can result in administrative, civil, or even criminal consequences.
In sum, notarial Copy Certification serves as a vital legal mechanism for validating the authenticity of copies in a jurisdiction where documentary proof is a staple of both judicial and extrajudicial transactions. By following the proper procedures, notaries help maintain public confidence in the legal system and uphold the sanctity of documentary evidence.