Dear Attorney,

I need to have a document notarized, but I am unsure of the process. What are the requirements, and how can I ensure that my document is properly notarized according to Philippine laws? Additionally, are there any particular risks I should be aware of when notarizing documents?

Concerned Document Signer

Insights

Notarization is a formal legal process that plays a crucial role in validating documents, affirming their authenticity, and making them enforceable in court. Under Philippine law, notarization is a public service provided by a commissioned lawyer known as a "notary public." This article will discuss the concept of notarization, its purpose, the role of the notary public, the required processes, and the risks associated with improperly notarized documents.

Role and Functions of a Notary Public

A notary public is a lawyer authorized by the Regional Trial Court (RTC) to perform certain legal functions. Under Rule IV of the 2004 Rules on Notarial Practice, a notary public must be commissioned by the Executive Judge of the RTC for a term of two years, after meeting specific requirements such as possessing a valid lawyer’s license and completing a notarial commission application.

The primary functions of a notary public are:

Administering Oaths: Notaries can administer oaths and affirmations for affidavits and sworn statements.
Certifying Documents: They authenticate or certify documents such as deeds, contracts, and affidavits, ensuring that the signatories voluntarily signed the document.
Witnessing and Acknowledging Signatures: Notaries verify the identity of signatories and ensure that they signed willingly.
Authenticating Acts: Notaries authenticate the performance of certain legal acts, such as the signing of public documents, to make them admissible in legal proceedings.

The Notarization Process in the Philippines

Notarization is a formal process, and it requires compliance with certain legal requirements to ensure the document's validity:

Personal Appearance: The signatory must appear personally before the notary public. This is to confirm the identity of the signatory and their willingness to sign the document. Personal appearance is a strict requirement, and any violation of this rule may render the document void.
Document Verification: The notary public will verify that the document is complete and that no alterations have been made after signing. The document must be presented in its final form.
Presentation of Valid Identification: The signatory must provide a valid government-issued ID as proof of identity. Commonly accepted IDs include passports, driver's licenses, and Social Security System (SSS) cards.
Acknowledgment or Jurat: The notary public will administer either an acknowledgment or a jurat, depending on the document.
- Acknowledgment: This is a formal declaration by the signatory that they executed the document willingly and for its stated purpose.
- Jurat: This requires the signatory to swear to the truthfulness of the statements within the document, usually in affidavits.
Notarial Register: The notary public will record the details of the notarization in a notarial register. This includes the names of the parties, the type of document, the date, and other pertinent information. A copy of the notarized document may also be attached to the register.
Affixation of the Notary Seal: Finally, the notary public will affix their signature and official seal on the document, signifying that it has been properly notarized. The seal typically contains the notary public's commission details.

Importance and Benefits of Notarization

Notarization offers several critical legal benefits:

Document Authenticity: It provides legal assurance that the document and signatures are genuine.
Prevention of Fraud: By verifying the identity of the signatories, notarization helps prevent identity theft and fraud.
Legal Admissibility: Notarized documents are more readily admissible in court. Non-notarized documents, especially those required by law to be notarized (e.g., contracts involving property transactions), may not be accepted as evidence.

Legal Consequences of Improper Notarization

Improper notarization can have serious legal implications, particularly when personal appearance requirements or proper identification procedures are ignored. The following risks may arise from improper notarization:

Void Documents: Documents that are improperly notarized (e.g., without the signatory’s personal appearance) may be deemed void, rendering them unenforceable in court. For instance, in real estate transactions, a defective notarization can invalidate a deed of sale, leading to potential disputes over property ownership.
Civil Liability: Parties relying on improperly notarized documents may suffer financial or legal losses, and they may sue the notary public for negligence or malpractice.
Criminal Liability: Under Philippine law, a notary public who commits falsification of documents or notarizes documents without the personal appearance of signatories can face criminal charges, including imprisonment under the Revised Penal Code.
Administrative Sanctions: A notary public who fails to comply with notarial rules may face suspension or revocation of their commission, preventing them from performing notarial acts.

Types of Documents that Require Notarization

Certain types of documents must be notarized under Philippine law, including:

Deeds of Sale and Conveyance: These are common in real estate transactions and must be notarized to transfer property ownership legally.
Affidavits and Sworn Statements: These require notarization to confirm the truthfulness of the declarations made within the document.
Contracts: Various contracts, such as lease agreements, loan agreements, and employment contracts, may require notarization to ensure their enforceability.
Powers of Attorney: Notarization ensures that the principal has voluntarily granted the authority specified in the power of attorney.

Revocation of Notarial Commissions

Notary publics in the Philippines are subject to disciplinary action for violations of the 2004 Rules on Notarial Practice. Common grounds for revocation of a notary public’s commission include:

Failure to Comply with Notarial Practice Rules: This includes non-compliance with personal appearance requirements, improper identification procedures, or falsification of notarial registers.
Gross Negligence or Malpractice: Engaging in fraudulent activities or notarizing documents with falsified signatures or content can lead to severe penalties.

A notary public’s commission may also be revoked if they violate the Canons of Professional Responsibility, which govern the ethical behavior of lawyers in the Philippines.

Conclusion

Notarization is a vital process in ensuring the legality, authenticity, and enforceability of documents in the Philippines. It protects against fraud, ensures that documents meet the necessary legal requirements, and provides confidence in the validity of transactions. However, it is critical to ensure that notarization procedures are followed meticulously to avoid potential legal risks and liabilities. Always consult with a qualified notary public to properly navigate the notarization process.