Dear Attorney,

I hope this letter finds you well. I am seeking your advice regarding a matter of utmost importance to me. I am about to enter into a contract agreement, and I have been introduced to an attorney who will be performing the notarization for the document. However, before proceeding, I want to ensure that the attorney is a legitimate practitioner. Could you kindly provide guidance on how I might verify the authenticity and qualifications of this attorney? Your insights will provide much-needed clarity on this matter.

Thank you in advance for your assistance.

Sincerely,
A Concerned Citizen

Verifying the Legitimacy of an Attorney for Notarization in the Philippines

In the Philippines, notarization serves as a critical process that imparts authenticity to legal documents. This act is not merely ceremonial—it validates the genuineness of the document and ensures that it holds evidentiary value in court. However, the credibility of the notarization process hinges on the legitimacy of the notary public who performs it. Here is a comprehensive guide to ensure that the attorney you are working with is qualified, authorized, and compliant with Philippine law.

Step 1: Understand the Role of a Notary Public

A notary public in the Philippines is a lawyer authorized to perform notarial acts under the provisions of the Rules on Notarial Practice (A.M. No. 02-8-13-SC). Their primary functions include:

Acknowledging Documents: Certifying that the signer personally appeared and declared the authenticity of their signature.
Administering Oaths and Affirmations: Validating sworn statements or affidavits.
Juridical Authority: Affirming that a document complies with the required formalities, thereby giving it public trust.

Only a lawyer authorized by the court to act as a notary public within a specific territorial jurisdiction may legally notarize documents. Without this authority, any notarized document could be declared invalid.

Step 2: Verify the Attorney’s Credentials

Check Their Roll of Attorneys Status
All licensed lawyers in the Philippines are registered in the Roll of Attorneys, maintained by the Supreme Court of the Philippines. To confirm their legitimacy:
- Visit the website of the Supreme Court (www.sc.judiciary.gov.ph) or contact the Office of the Bar Confidant (OBC).
- Provide the attorney’s full name to confirm whether they are an active member of the Philippine Bar.
Confirm Their Notarial Commission
A notary public must possess a valid notarial commission issued by the Regional Trial Court (RTC) in the province or city where they are authorized to practice. The commission includes:
- The notary’s name.
- The jurisdiction (e.g., Quezon City, Cebu City).
- The term of validity (usually two years).
You can request to see the attorney’s notarial commission certificate, which should be displayed in their office per the Rules on Notarial Practice.
Inquire with the Integrated Bar of the Philippines (IBP)
The IBP is the national organization of Filipino lawyers. You can contact the IBP chapter in the jurisdiction where the attorney is practicing to verify:
- Their membership standing (whether they are in good standing with no suspensions or disbarments).
- Their authorized notarial commission.

Step 3: Review Their Notarial Register

Notaries are required to maintain a Notarial Register, which records details of every notarial act they perform. You can request to review the register to confirm whether the attorney is actively notarizing documents and is complying with the prescribed protocols. Ensure the following are present:

Entry number.
Details of the parties involved.
Type of document notarized.
Signatures of the parties.

Step 4: Confirm Their Compliance with Bonding Requirements

Under the Rules on Notarial Practice, all notaries must post a bond, usually with an insurance company, to guarantee the faithful performance of their duties. This bond can be used to compensate any party injured by the notary’s misconduct. You can ask the attorney for proof of this bond as part of your verification process.

Step 5: Look Out for Red Flags

Beware of the following warning signs that may indicate the attorney is not legitimate:

No Attorney’s Roll Number: This is the unique number assigned by the Supreme Court to every lawyer admitted to the Philippine Bar.
Absence of a Notarial Commission Certificate: A valid certificate issued by the RTC is mandatory.
Improper Office Set-Up: Notaries are required to operate from a professional office, not an informal or transient location.
Unreasonably Low Fees: While fees for notarization are regulated, unusually low charges may suggest illegitimacy.

Step 6: Legal Consequences of Using a Bogus Notary

If a notarized document is found to have been executed by an unauthorized person, the following legal consequences may arise:

Document Invalidity
A notarized document executed by an unqualified person will be treated as an ordinary private document, depriving it of public trust and authenticity.
Criminal Liability
Both the individual posing as a notary public and the parties knowingly engaging with them may face criminal charges for falsification of public documents under Articles 171 and 172 of the Revised Penal Code.
Professional Sanctions
Lawyers who fraudulently notarize documents without the necessary authorization may face disbarment or suspension.

Step 7: Additional Measures to Protect Yourself

Demand for ID and Proof of Authority: Always request the attorney’s IBP ID, Supreme Court ID, and notarial commission certificate.
Cross-Check with Government Databases: Confirm details using publicly available government records, such as court listings or the IBP website.
Engage Reputable Law Offices: If uncertain, consider having your documents notarized by attorneys from established legal firms.

Final Thoughts

The notarization process is a cornerstone of Philippine legal practice. Ensuring the legitimacy of the notary public is crucial for upholding the validity of your documents and safeguarding your legal rights. By diligently verifying the attorney’s credentials and authorization, you not only comply with the law but also protect yourself from potential disputes or liabilities. If you have any lingering doubts or concerns, do not hesitate to seek further assistance from a reputable lawyer or the Integrated Bar of the Philippines.