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1. Knows or has good reason to believe the that the notarial act or
transaction is unlawful or immoral
2004 Rules on Notarial Practice
2. The signatory shows a demeanor which engenders in the mind of the
● 2 kinds of documents notary public reasonable doubt as to the former’s knowledge of the
1. Private consequences of the transaction requiring a notarial act
■ Not notarized before a notary public of any person authorized to 3. In the notary’s judgement, the signatory is not acting in his or her own
administer oaths free will
■ Binding as the parties only not third parties ● Notarial Acts (refer to rule 4 section 1 rules on notarial practice)
2. Public ○ Acknowledgments
■ Document executed and acknowledged before a notary public or any ○ Oaths and affirmations
person authorized to administer oaths ○ Jurats
■ Presumed authentic (presumption of regularity which can only be ○ Signature witnessings
overcome by clear and convincing evidence) ○ Copy certifications
● Effect of irregularity of Notarization ○ Other acts authorized by these rules
○ Binding as to parties only because notarization ensures to the public that ● False or incomplete certificate
the provisions in the document express the true agreement between the ○ Execute a certificate containing information known or believed by the
parties notary to be false
○ Measure to test the validity of such document is preponderance of evidence ○ Affix an official signature or seal on a notarial certificate that is incomplete
and clear and convincing evidence measure is dispensed with ● Improper instruments or documents
● Who can perform notarial acts ○ A blank or incomplete instrument or document
○ Notary public ○ An instrument or document without appropriate notarial certification
■ A lawyer in good standing issued a notarial commission by the ● Jurat
Executive Judge where the petition is filed; he or she may perform ○ Avows that the document was subscribed and sworn to before the notary
notarial acts in any place within the territorial jurisdiction of the public
commissioning court for a term of two years ○ Oath or affirmation (rule 1 sec 2)
○ Notary public ex officio ■ Refers to an act in which an individual on a single occasion
■ Government official in ex officio (related to functions) capacity - sec 41 ● Appears in person before the notary public
& 42 of Admin Code ● Is personally known to the notary public or identified by the
■ Clothed by law with general authority to administer oaths and to notary public through competent evidence of identity
perform notarial acts within the limits of their territorial jurisdiction in ● Avows under penalty of law to the whole truth of the contents of
relation to their official function the instrument or document
■ May not notarize private documents that bear no relations to his or I, [personal circumstances], swear under penalty of law that:
her official functions (Borre v Moya and Arcilla) [body]
○ Disqualifications In witness whereof I have hereunto affixed my signature this __th
1. Party to the instrument/ document day of ___, 20__in____.
2. Will receive as a direct or indirect result any commission, fee, ○ A jurat is an act in which an individual in a single transaction
advantage, right, title, interest, cash, property, or other consideration 1. Appears in person before the notary public and presents and
3. Spouse, common law partner, ancestor, descendant, or relative by instrument or document
affinity or consanguinity of the principal within the 4th civil degree 2. Is personally known to the notary public or identified by the notary
○ Grounds for refusal to notarize public through competent evidence of identity
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3. Signs the instrument or document in the presence of the notary public ○ Act of the one who executed a deed attesting the deed to be his own before
4. Takes an oath or affirmation before the notary public as to such some competent officer
instrument or documentation ■ The person who was there (appeared in person)executed this
○ End of the affidavit document
Subscribed and sworn to before me in____ this day of___by the abovenamed Before me, a notary for and in __, this__day personally appeared ______
affiant/s who has/have satisfactorily proven to me his identity through his who is personally known to me to be the same person who executed and
[ID, number, and expiration date], to be the same person who presented and voluntarily signed the foregoing instrument which he acknowledged before
personally signed before me this [name of document] and attested that the me as his free and voluntary act and deed. Witness my hand and seal, on the
contents thereof are true and correct; and that he voluntarily executed the date and place abovementioned.
same.
○ Competent evidence of authority ● After the signature and seal of the notary public, the following information shall
■ At least one current ID issued by an official agency bearing photograph appeal:
and signature of the individual 1. Complete name of notary public
■ Oath or affirmation of one credible witness who is not privy to the 2. Roll of attorney
instrument, document, or transaction who is personally known to the 3. Commission number and date of expiration
notary public and who personally knows the individual, or of two 4. IBP Official Receipt number, date and place of issue
credible witnesses neither of whom is privy to the instrument, 5. MCLE compliance or exemption number, date of issue and validity
document or transaction who each personally knows the individual and 6. Office address, telephone number, fax number, and email address
shows to the notary public documentary identification ○ Note: information on the entry in the Notarial register (doc no., page no.,
■ Cedula is no longer accepted book no. and year, when the doc was notarized) are written at the lower
● Note: Signature and seal of the Notary shall be affixed only at the time the notarial left portion below the info above
act is performed. Seal shall be affixed beside the signature of the notary and clearly ● Copy certification
impressed on each and every page of the instrument or document notarized. The ○ Notarial act where notary must copy or supervises the copying of the
signature and notarial seal appear right below the acknowledgment or jurat instrument or document and compares the instruments
● Acknowledgment 1. Notary public is presented with an instrument or document that is neither
○ An act in which an individual on a single occasion a vital record, a public record, nor publicly recordable
1. Appears in person before the notary public and presents an integrally 2. Copies or supervises the copying of the instrument or document
complete instrument or document 3. Compares the instrument or document with the copy
2. Is attested to be personally known to the notary public or identified by 4. Determines that the copy is accurate and complete
the notary public through competent evidence of identity
3. Represents to the notary public that the signature on the instrument
or document was voluntarily affixed by him for the purposes stated in I, _____, a notary public for and ___, do hereby certify that after
the instrument or document, declares that he has executed the comparison with the original of [nature and name of document and who
instrument or document as his free and voluntary act and deed and, if issued the original], which was photocopied by me [or under my
he acts in particular representative capacity, that he has the authority supervision], the photocopy which is attached to this Copy Certification is a
to sign in that capacity true and correct photocopy of and/or faithful reproduction of its original
○ Used in documents or instruments where there is a deposition or transfer copy. I have affixed my signature and my notarial seal on each and every
or conveyance of title to property or any interest therein page of the said photocopy and/or reproduced copy.
○ Also used in contracts
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This Copy Certification is entered in my Notarial Register on this __th day ○ An affidavit of the witness in a court proceeding which serves as his or
of ____ at ______. her direct testimony
○ Q&A format then in court, counsel confirms with witness
whether she executed the affidavit, etc.
Apostille Convention
○ Form and content
● Certificate that authenticates the origin of a public document ■ Must be in a language known to the witness
● Issued by a country that is party to the Convention to be used in another country ■ Must be in question and answer format and must
which is also a party to the Convention 1. Show the circumstances under which the witness acquired the
● The PH became a party of the Apostille Convention in May 14, 2019 facts upon which he testifies
○ Note: authentication is still required for all PH documents to be used 2. Elicit from him those facts which are relevant to the issues
abroad, but this time with an Apostille instead of an Authentication that the case presents
Certificate (red ribbon) as proof of authentication. After authentication 3. Identify the attached documentary and object evidence and
(Apostillization) by DFA-OCA, as Competent Authority, there is no more establish their authenticity in accordance with the Rules of
need for authentication (legalization) by the Embassies or Consulates Court
except for non-Apostille countries and those that objected to the PH ■ Should contain
accession such as Finland and Germany 1. Name, age, residence or business address, and occupation of
■ Private documents can be authenticated only if they have been the witness
notarized and subsequently issued a Certificate of Authority for 2. Name and address of the lawyer who conducts or supervises
a Notarial Act (CANA) by the supervening RTC the examination of the witness and the place where the
● Strictly for the use of public documents abroad examination is being held
● PH Apostille applies to the same types of documents that were subject to 3. A statement that the witness is answering the questions asked
authentication by the DFA prior to the effectivity of the Apostille Convention in the of him, fully conscious that he does so under oath, and that he
PH may face criminal liability for false testimony or perjury
● Only certifies the origin of the public document to which it relates. It authenticates 4. The signature of the witness over his printed name
signature or seal of the person or authority that signed or sealed the public 5. Jurat
document and the capacity in which this was done. It does not certify the content 6. Sworn attestation of the lawyer who supervised and conducted
of the public document to which it related the examination of the witness
● Found at the end of the judicial affidavit (after
Affidavits notarial portion)
● The lawyer shall attest that (and must be notarized):
● Essential parts 1. He faithfully recorded or caused to be recorded
1. Venue/place where is is made the questions he asked and the corresponding
2. Names, Status, Citizenship, and Address of affiant answers that the witness gave
3. Statement that the affiant had been duly sworn to 2. Neither he nor any other person there present
4. Matter or facts that the affiant declared and sworn to or assisting him coached the witness regarding
5. Signature of the affiant the latter’s answers
6. Jurat
7. Signature and seal of the notary public and other notarial info required
● Judicial affidavit
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■ Navotas Industrial Corp v Guanzon
● In the case of juridical entities, the appointment of authorized
representatives made by a corporation’s board of directors is
typically embodies in a board resolution or a secretary’s
certificate to enter into specified acts or transactions on behalf of
the corporation. Absent antsy board resolution or secretary’s
certificate designating said representative to act on behalf of the
corporation, any act performed purportedly on behalf of said
corporation will be deemed unenforceable as against the
corporation.
Authorizations ■ Examples
● Board resolution
● 2 types ● Secretary’s certificate
1. On behalf of natural persons ○ Executed by corporate secretary
■ Examples ○ Limits of authority
● Contract of Agency (Art. 1868 CivCode) ○ Facts that show the validity of the act of the corporation
○ May be express or implied, oral or written unless a specific ○ Form of an affidavit meaning it is followed by a jurat
form is required (Art. 1869 CivCode)
○ When a sale of a piece of land or any interest therein is
through an agent, the authority of the agent shall be in
writing otherwise the sale shall be void (Art. 1874 CivCode)
○ Either general (comprises all businesses of the principal) or
special (more specific transaction)
(Art. 1869 CivCode)
● General Power of Attorney
○ Authorization made in general
● Special Power of Attorney
○ A special power to compromise does not authorize
submission to arbitration (Art. 1880 of the CivCode)
○ Has a specific purpose Deeds
○ Use acknowledgement not jurat
● A deed form indicates an agreement of at least 2 parties but made to appeal as a
○ Necessary under cases falling under Article 1878 of the Civil
unilateral act of a person disposing his property of right in favor of another after his
Code
receipt of a consideration
■ Agent must act within the scope of authority (Art. 1881 Civ Code)
● Transaction is terminated by the conveyance of the right or thing
■ Witness is not needed
● Note:
2. On behalf of juridical persons
○ For deeds that conveys or sells conjugal property, the spouse has to sign
■ Section 22 of the RCC
indicating his or her marital consent
● Unless otherwise provided in this Code, the board of directors or
○ For deeds of donation do not forget the acceptance of the donee and the
trustees shall exercise the corporate powers, conduct all business,
donor's declaration that he reserved sufficient properties for himself and
and control all properties of the corporation
his creditors (to avoid giving property in fraud of creditors)
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● Essential parts Tigno and she attempted to repurchase the property by filing a motion for
1. Title consignation. She also deposited 200k with the trial court, now RTC. The Aquinos
■ Deed of sale, Deed of Donation, etc. filed an opposition, arguing that the right to repurchase was not yet demandable and
2. Announcement that Tigno had failed to make a tender of payment. RTC denied the motion for
■ Know all men by these presents consignation. Tigno filed a motion for writ of execution which was also denied. Tigno
3. First party filed and action for revival of judgement so that it could be executed. The Aquinos
■ Name, single, of legal age, citizenship, with residence, hereinafter known filed an answer alleging that Bustria had sold his right to repurchase the property to
as them in a deed of sale. Among the witnesses presented by the Aquinos during trial
4. Consideration were Jesus De Francia (De Francia), the instrumental witness to the deed of sale, and
■ In consideration of price/ pure liberality (like love and affection) former Judge Franklin Cariño (Judge Cariño),
5. Act or conveyance (sell/give)KEYWORDS
■ Deed of sale: SELL, TRANSFER AND CONVEY
● In case of sale under pacto de retro, state such fact with the
operative worse REPURCHASE AND RESELL who notarized the same.The Aquinos offered for admission as their Exhibit No. "8," the deed
■ Deed of Assignment: ASSIGN, TRANSFER AND CONVEY of sale purportedly executed by Bustria. The admission of the Deed of Sale was objected to by
■ Deed of Exchange: CEDE, TRANSFER AND CONVEY Tigno on the ground that it was a false and fraudulent document which had not been
■ Deed of Donation: for and in consideration of love and affection acknowledged by Bustria as his own; and that its existence was suspicious. RTC refused to
■ Power of Attorney: name, constitute and appoint, HEREBY GIVING AND admit the document into evidence and decision was rendered in favor of Tingo. The Aquinos
GRANTING appealed to the CA which reversed and set aside the decision of the RTC
6. Second party (to whom)
7. Signature
8. Acknowledgment
Issue

● W/N a document notarized by a person of questionable capacity is admissible - NO

○ The validity of a notarial certification necessarily derives from the
authority of the notarial officer.
● W/N the absence of the acknowledgment and substitution instead of a jurat
rendered the instrument invalid - YES
○ A document not properly acknowledged is classified as a private
Tigno v Aquino
document
Facts
● Spouses Estafino and Florentina Aquino (the Aquinos) filed a complaint for
enforcement of contract and damages against Isidro Bustria (Bustria). The complaint
sought to enforce an alleged sale by Bustria to the Aquinos of a fishpond. Eventually,
Bustria and the Aquinos entered into a compromise agreement, whereby Bustria
agreed to recognize the validity of the sale, and the Aquinos in turn agreed to grant Ruling
to Bustria the right to repurchase the same property after the lapse of seven (7) ● Municipal Trial Court (MTC) and Municipal Circuit Trial Court (MCTC) judges are
years. The Court of First Instance of Pangasinan, approved and incorporated the empowered to perform the functions of notaries public ex officio under Section 76
compromise agreement. Bustria died and was substituted by his daughter, Zenaida of Republic Act No. 296, as amended (otherwise known as the Judiciary Act of 1948)
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and Section 242 of the Revised Administrative Code. However, as far back as 1980 in
Borre v. Moya, the court explicitly declared that municipal court judges such as
Cariño may notarize only documents connected with the exercise of their official
duties. The Deed of Sale was not connected with any official duties of Judge Cariño
and there was no reason for him to notarize it. A notary ex officio should not
compete with private law practitioners or regular notaries in transacting legal
conveyancing business. The exception is if certification be made in the notarized
documents attesting to the lack of any lawyer or notary public in such municipality
or circuit. Indeed, it is only when there are no lawyers or notaries public that the
exception applies
● We should deem the Deed of Sale as not having been notarized at all. If the notary
public does not have the capacity to notarize a document, but does so anyway, then
the document should be treated as unnotarized. The notarization of a document
carries considerable legal effect. Notarization of a private document converts such
document into a public one and renders it admissible in court without further proof
of its authenticity. Thus, notarization is not an empty routine; to the contrary, it
engages public interest in a substantial degree and the protection of that interest
requires preventing those who are not qualified or authorized to act as notaries
public from imposing upon the public and the courts and administrative offices
generall
● A jurat is a distinct creature from an acknowledgment. An acknowledgment is the
act of one who has executed a deed in going before some competent officer or court
and declaring it to be his act or deed; while a jurat is that part of an affidavit where
the officer certifies that the same was sworn before him. The Deed of Sale should
have been acknowledged before a notary public.