Powers and Limitations

Powers and Limitations | The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

Below is a comprehensive discussion of the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) as they pertain specifically to the powers and limitations of a notary public in the Philippines. This discussion is organized to give you a clear, meticulous, and in-depth understanding of a notary public’s authority, responsibilities, and ethical constraints under the Rules.

I. INTRODUCTION

The 2004 Rules on Notarial Practice (hereafter, “the Rules”) took effect on August 1, 2004. They were promulgated by the Supreme Court to:

  1. Professionalize the notarial practice.
  2. Enhance the evidentiary value of notarized documents.
  3. Protect the public by requiring stricter qualifications, clearer standards of notarial conduct, and stricter enforcement mechanisms.

These Rules outline the duties, powers, and limitations of notaries public in line with the Supreme Court’s supervisory power over the legal profession. Notarization is not merely a “rubber-stamp” activity; it is imbued with public interest. Thus, a notary public is expected to uphold the integrity of legal documents and to maintain the highest standard of care, diligence, and ethical conduct.

II. DEFINITION OF TERMS

A few critical terms, as used in the Rules, help frame the powers and limitations of notaries public:

  1. Notarial Act – Any act that a notary public is empowered to perform under the Rules, such as acknowledgments, oaths and affirmations, jurats, signature witnessings, copy certifications, and other acts authorized by law.

  2. Notary Public – A person commissioned by the Executive Judge (or as may be provided by the Supreme Court in specific directives) to perform notarial acts. A lawyer in good standing is usually the only person eligible to be commissioned as notary public under the 2004 Rules (save for certain exceptions under special laws).

  3. Commission – The grant of authority to perform notarial acts in a particular jurisdiction for a fixed period.

  4. Competent Evidence of Identity – The means by which a notary public verifies the identity of a person signing or acknowledging a document; includes government-issued IDs with photo and signature or credible witnesses who satisfy the Rules’ requirements.

III. POWERS OF A NOTARY PUBLIC

Under the 2004 Rules on Notarial Practice, once duly commissioned, a notary public may perform the following notarial acts within the territorial jurisdiction where they are commissioned:

  1. Acknowledgments

    • The notary public confirms that the person named in the document appeared in person, is personally known to the notary (or has presented competent evidence of identity), and has represented that the signature on the instrument was voluntarily affixed by them for the purpose stated in the document.

  2. Oaths and Affirmations

    • The notary public administers oaths and affirmations for affidavits, depositions, and other documents requiring sworn statements.

  3. Jurats

    • The notary public certifies that the affiant personally appeared before the notary, was personally known or identified by competent evidence, took an oath or affirmation, and signed the document in the notary’s presence.

  4. Signature Witnessing

    • The notary public witnesses a person sign a document in his or her presence; the notary must verify the identity of the signatory through personal knowledge or competent evidence.

  5. Copy Certifications

    • The notary public may attest to the fact that a reproduction or photocopy is a faithful and accurate copy of an original document that was neither a public record nor publicly available. (Note that certain documents like birth certificates, marriage certificates, property titles, and other official documents are generally certified only by the official custodian of records. Thus, a notary public must be careful about what they are allowed to certify as a true copy.)

  6. Other Acts Authorized by Law

    • Any other acts recognized as notarial under Philippine law (e.g., taking depositions in limited contexts where permissible).

Territorial Reach

  • A notary public can only perform notarial acts within the geographic boundaries of the area for which the notarial commission was issued (typically the city or province). Performing notarial acts outside one’s jurisdiction is a ground for administrative sanction.

IV. LIMITATIONS OF A NOTARY PUBLIC

While the Rules confer significant responsibilities and authority, they also impose strict limitations and conditions on the practice of notaries public, underscoring the public interest nature of notarization:

  1. Personal Appearance Requirement

    • The signatory must personally appear before the notary public at the time of the notarization. Notarizing a document without the personal appearance of the signatory is a grave violation of the Rules and can lead to administrative, civil, or even criminal penalties.

  2. Identification Requirement

    • The notary public must verify the identity of the signatory through:
      • Personal knowledge, or
      • Competent evidence of identity (government-issued IDs with photo and signature, or credible witnesses who themselves present competent evidence of identity and who personally know the signatory).

    Notaries public are prohibited from notarizing if they are not satisfied with the authenticity of the signatory’s identity.

  3. Prohibition Against Interest or Impropriety

    • A notary public must not notarize a document where the notary has a direct financial or beneficial interest. This includes documents in which the notary is a party, one of the signatories, or in any way has a financial stake that compromises impartiality.
    • Notaries public must also avoid notarizing documents of close relatives in a manner that suggests conflict of interest or partiality. Though not an absolute prohibition for every family member under all circumstances, the overarching rule is that a notary’s impartiality must be beyond question.

  4. Scope of Commission (Territorial and Temporal)

    • The notary public can only perform notarial acts within the territorial jurisdiction for which they were commissioned.
    • The commission has a fixed term (traditionally two years from the date of the commission) unless revoked or earlier terminated. The notary public must not perform notarial acts after the expiration of the commission or during any period of suspension.

  5. Maintaining a Notarial Register

    • Every notary public is required to keep and maintain a chronological official notarial register of all notarial acts performed. Each entry must be complete, including:
      • The date and time of the notarial act
      • The type of document notarized
      • The names and addresses of parties
      • Competent evidence of identity or personal knowledge
      • Signatures of the parties
      • Other pertinent details as required by law

    The register must be safeguarded, and the notary public must submit it to the Executive Judge for inspection or safekeeping when required (e.g., at the end of the commission term).

  6. Use of Official Seal and Signature

    • Every commissioned notary public must secure a notarial seal containing the notary’s name, commission number, jurisdiction, and commission expiration date.
    • The official signature and seal must be used strictly in compliance with the Rules:
      • The seal may only be affixed to documents when the notary public has properly verified all notarization requirements.
      • The notarial seal must be kept secure to prevent unauthorized use.
      • It is prohibited to affix the seal or signature in blank documents or incomplete instruments.

  7. Prohibition Against Advertising

    • The Rules prohibit false or misleading advertising regarding one’s notarial services. A notary public must avoid claims or signage that may give the impression of possessing powers, qualifications, or capabilities beyond those authorized by law.

  8. Ethical Conduct and Impartiality

    • Because notarization is a public function, the notary public must act impartially. This means:
      • Refraining from giving legal advice to parties unless the notary is also acting as counsel, in which case full disclosure of the dual role is required, and conflict-of-interest rules apply.
      • Observing confidentiality of any sensitive information that comes to the notary’s knowledge by virtue of the notarial act, except as required by law or lawful order of the court.

  9. No Delegation of Notarial Authority

    • The authority to perform notarial acts is personal to the commissioned notary public and cannot be delegated to any staff, paralegal, or another lawyer without an active commission. The physical presence and direct involvement of the commissioned notary are always required.

V. PENALTIES AND SANCTIONS FOR VIOLATIONS

Violations of the 2004 Rules on Notarial Practice and relevant provisions of the Rules of Court or other statutes can result in:

  1. Administrative Penalties

    • Suspension or revocation of the notarial commission.
    • Disciplinary actions against the notary public as a member of the Bar, which may include suspension or disbarment from the practice of law.

  2. Civil Liability

    • A notary public may be held civilly liable for damages suffered by persons who rely on improperly notarized documents.

  3. Criminal Liability

    • If a notary public knowingly performs false notarizations or engages in fraudulent activities (e.g., forging signatures, falsely certifying personal appearances), such acts may constitute criminal offenses like falsification or perjury.

  4. Contempt of Court

    • The Supreme Court, or any court with jurisdiction, may cite the notary for contempt if the notary fails to comply with subpoenas for the notarial register or otherwise obstructs the administration of justice.

VI. BEST PRACTICES FOR COMPLIANCE

  1. Strictly Verify Identities

    • Insist on personal appearance and review the presented IDs or require credible witnesses to ensure the signatory is who they claim to be.

  2. Diligent Record-Keeping

    • Maintain and safeguard a complete and accurate notarial register. This is crucial for evidentiary purposes and to protect the notary in case of disputes.

  3. Proper Use of Seal

    • Always affix the seal and signature simultaneously, in the presence of the signatory, and only after satisfying all the legal requirements.

  4. Avoid Conflicts of Interest

    • If you have any financial or personal stake in a transaction, or if your impartiality could be questioned, do not notarize the document.

  5. Timely Renewal or Cessation

    • Keep track of the commission expiration date. Immediately cease notarial acts if the commission expires or if you are suspended.

  6. Stay Updated

    • Keep abreast of any amendments to the Rules, Supreme Court issuances, or relevant legislation impacting notarial practice.

VII. CONCLUSION

The 2004 Rules on Notarial Practice underscore the importance of the notary public’s role in safeguarding the integrity of documents and transactions in the Philippines. By setting clear powers and strict limitations, the Supreme Court aims to ensure that notaries:

  • Verify the identities of signatories meticulously,
  • Prevent fraud and misrepresentation, and
  • Maintain an unassailable standard of ethical conduct.

Violations can lead to serious administrative, civil, or criminal consequences. As such, a diligent notary public must continuously observe the highest standards of professionalism and accountability. The integrity of the notarial system is a cornerstone of public trust in documents, transactions, and the broader legal framework.

Disclaimer: This discussion provides a general overview of the key points in the 2004 Rules on Notarial Practice. It does not constitute legal advice tailored to any specific case or scenario. For detailed legal advice or if you have a particular concern regarding notarial acts, consulting with a qualified attorney or seeking guidance from appropriate judicial authorities is always recommended.

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

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