Masmud v. NLRC, et al., G.R No 183385, Feb 13, 2009)
Section 8. Sections 41 and 42, Chapter 10, Book I of the same Code, as amended, is hereby further
amended to read as follows:
Q: Who are the officers authorized to administer oaths?
A: The following officers have general authority to
administer oaths: 1. President; 2. Vice-President;
3. Members and Secretaries of both Houses of the Congress;
4. Members of the Judiciary; 5. Secretaries of Departments;
6. provincial governors and lieutenant- governors; 7. City mayors; 8. Municipal mayors; 9. Bureau directors; 10. Regional directors; 11. Clerk of courts; 12. Registrars of deeds;
13. Other civilian officers in the public service of the government of the Philippines whose appointments are vested in the President and are subject to confirmation by the Commission on Appointments; 14. All other constitutional officers;
15. PAO lawyers in connection with the performance of duty; and
16. notaries public.” (Sec. 41)
Q: What is the rule regarding the duty to administer oaths?
A: Officers authorized to administer oaths, with
the exception of notaries public, municipal judges and clerks of court, are not obliged to administer oaths or execute certificates save in matters of official business or in relation to their functions as such; and with the exception of notaries public, the officer performing the service in those matters shall charge no fee, unless specifically authorized by law. (Section 42)
Note: P.A.O. Lawyers now have the authority to administer oaths, provided it is in connection with the performance of their duties.
The fiscal or the state prosecutor has the authority to administer oaths. (R.A. No. 5180, as amended by
P.D. 911)
Jurats Q: What is a jurat?
A: It refers to an act in which an individual on a
single occasion:
1. Appears in person before the notary public and presents an instrument or document;
2. Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Rules on Notarial Practice;
3. Signs the instrument or document in the presence of the notary; and
4. Takes an oath or affirmation before the
notary public as to such instrument or document. (Sec. 6, Rule II, A.M. 02-8-13-
SC)
Note: A jurat is not a part of a pleading but merely evidences the fact that the affidavit was properly made. The claim or be.lief of Atty. Dela Rea that the presence of petitioner Gamido was not necessary for the jurat because it is not an acknowledgment is patently baseless. If this had been his belief since he was first commissioned as a notary public, then he has been making a mockery of the legal solemnity of an oath in a jurat. Notaries public and others authorized by law to administer oaths or to take acknowledgments should not take for granted the solemn duties appertaining to their offices. Such duties are dictated by public policy and are impressed with public interest. (Gamido v. Bilibid
Prisons Officials, G.R. No. 114829, Mar. 1, 1995)
Q: Distinguish acknowledgement from jurat. A:
ACKNOWLEDGMENT JURAT
Act of one who has executed a deed, in
going to some competent officer or court and declaring it to be his act or deed. The notary public or
officer taking the acknowledgement shall certify that the
person acknowledging the
instrument or document is known to him and he is the
That part of an affidavit in which the
notary public or officer certifies that the instrument was sworn to before him.
It is not part of a pleading but merely
evidences the fact that the affidavit was
properly made.
same person who executed it and acknowledged that the same is his free
act and deed. Two-fold purpose: to authorize the deed to be given in evidence without further proof
of its execution, and, to entitle it to be
recorded.
Purpose: Gives the document a
legal character.
Where used: 1. To authenticate an agreement between two or more persons;
or 2. Where the document contains a disposition of property. Where used: 1. Affidavits; 2. certifications; 3. Whenever the person executing makes a statement of facts or attests to the truth of an event, under oath. E.g. The acknowledgement in a deed of lease of land. E.g. An affidavit subscribed before a notary public or public
official authorized for the purpose.
Note: If a document is certified by way of jurat, instead of acknowledgement, the document is a private one. Hence, to be admissible as evidence, the same must be offered and proven in accordance with the Rules on Evidence.
Signature Witnessing
Q: What is signature witnessing?
A: It refers to a notarial act in which an individual
on a single occasion:
1. Appears in person before the notary public and presents an instrument or document;
2. Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Rules on Notarial Practice; and
3. Signs the instrument or document in the
presence of the notary public. (Sec. 14,
Rule II, A. M. No. 02-8-13-SC)
Q: Is a notary public authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization?
A: Yes. It is also within the powers of a notary
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ACADEMICS CHAIR: LESTER JAY ALAN E.FLORES IIU
N I V E R S I T Y O FS
A N T OT
O M A S1. The thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument or document;
2. Both witnesses sign their own names in addition to the thumb or other mark; 3. The notary public writes below the thumb
or other mark: “thumb or other mark
affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public”, and
4. The notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat or signature witnessing. (Sec. 1(b), Rule IV, A.M. No.
02-8-13-SC) (1995 Bar Question)
Q: Is a notary public authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document? A: Yes. It likewise falls within the powers of a
notary public, provided:
1. The notary public is directed by the person unable to sign or make a mark to sign on his behalf;
2. The signature of the notary public is affixed in the presence of 2 disinterested and unaffected witnesses to the instrument or document;
3. Both witnesses sign their own names; 4. The notary public writes below his
signature: “Signature affixed by notary in
the presence of (names and addresses of person and 2 witnesses)”, and
5. The notary public notarizes his signature by acknowledgment or jurat. (Sec. 1(c),
Rule IV, A.M. 02-8-13-SC) (1995 Bar Question)
Copy Certifications Q: What is copy certification?
A: It refers to a notarial act in which a notary
public:
1. Is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable; 2. Copies or supervises the copying of the
instrument or document;
3. Compares the instrument or document with the copy; and
4. Determines that the copy is accurate and complete. (Sec. 4, Rule II, A.M. 02-8-13-SC)
Note: The document copied must be an original document. It cannot be a copy itself.
Q: How should a notary public notarize a paper instrument or document?
A: In notarizing a paper instrument or document,
a notary public shall:
1. Sign by hand on the notarial certificate only the name indicated and as appearing on the notary's commission;
2. Not sign using a facsimile stamp or printing device; and
3. Affix his official signature only at the time the notarial act is performed.(Sec. 1, Rule
VII, A.M. 02-8-13-SC)
Q: What are the effects of notarization? A:
1. The notary, in effect, proclaims to the world that:
a. All the parties therein personally appeared before him;
b. They are personally known to him; c. They are the same persons who
executed the instrument;
d. He inquired into the voluntariness of the execution of the instrument; e. They acknowledge personally before
him that they voluntarily and freely executed the same.
2. Converts a private document into a public one and renders it admissible in court without further proof of its authenticity. 3. Documents enjoy a presumption of
regularity. It constitutes prima facie evidence of the facts which give rise to their execution and of the date of said execution, but not of the truthfulness of the statement.
Note: The reason for the presumption is that the law assumes that the act which the officer witnessed and certified to or the date written by him are not shown to be false since notaries are public officers. Note: A notarial document is by law entitled to full faith and credit upon its face and, for this reason, notaries public must observe with utmost care the basic requirements in the performance of their duties, lest, the confidence of the public in the integrity of the document will be undermined.
Q: What is a notarial certificate?
A: It refers to the part of, or attachment to a
notarized instrument or document that is completed by the notary public which bears the notary's signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by the Rules on Notarial Practice. (Sec. 8, Rule II, A. M. No. 02-8-
13)
Note: “Loose notarial certificate” refers to a notarial certificate that is attached to a notarized instrument or document.
Note: "Official seal" or "seal" refers to a device for affixing a mark, image or impression on all papers officially signed by the notary public conforming the requisites prescribed by the Rules on Notarial Practice. (Sec. 13,Rule II, A.M. No. 02-8-13-SC) Q: What must the notarial certificate contain? A:
1. The name of the notary public as exactly indicated in the commission;
2. The serial number of the commission of the notary public;
3. The words "Notary Public" and the province or city where the notary public is commissioned, the expiration date of the commission, the office address of the notary public; and
4. The roll of attorney's number, the professional tax receipt number and the place and date of issuance thereof, and the IBP membership number. (Sec. 2, Rule
VIII, A.M. 02-8-13-SC)
Note: A notary public shall not:
a. execute a certificate containing information known or believed by the notary to be false. b. affix an official signature or seal on a
notarial certificate that is incomplete. Q: What are the limitations to the performance of a notarial act of a notary public?
A: A person shall not perform a notarial act if:
1. The person involved as signatory to the instrument or document is:
a. Not in the notary's presence personally at the time of the notarization; and (Sec. 2(b)(1), Rule
IV, A.M. No. 02-8-13-SC)
b. Not personally known to the notary public or otherwise identified by the
notary public through competent evidence of identity as defined by the Rules on Notarial Practice. (Sec.
2(b)(2), Rule IV, A.M. No. 02-8-13-SC)
c. The document is blank or incomplete; (Sec.6(a) Rule IV, A.M. 02-8-13-SC) d. An instrument or document is
without appropriate notarial certification. (Sec. 6, Rule IV, A.M. 02-
8-13-SC)
Q: Engineer Cynthia de la Cruz Catalya filed an application for building permit in connection with the renovation of a building situated on a lot owned by her brother Rolando de la Cruz. One of the documents required in the processing of the application was an affidavit to be executed by the lot owner. Since Rolando de la Cruz was a resident abroad, an affidavit was prepared wherein it was made to appear that he was a resident of Leyte; that he was the owner of the lot whereon the building subject of the application for the issuance of a building permit was situated.
Atty. Francisco Villamor notarized the purported affidavit. According to him, a Chinese mestizo appeared in his law office one time, requesting that his affidavit be notarized. Said person declared that he was Rolando de la Cruz. Atty. Villamor then asked for the production of his residence certificate, but he said, he did not bother to bring the same along with him anymore as, he has already indicated his serial number, in the jurat portion together with the date of issue and place of issue. Did Atty. Francisco Villamor commit a violation of notarial law?
A: Yes. It is the duty of the notarial officer to
demand that the document presented to him for notarization should be signed in his presence. By his admission, the affidavit was already signed by the purported affiant at the time it was presented to him for notarization. Atty. Villamor thus failed to heed his duty as a notary public to demand that the document for notarization be signed in his presence. (Traya Jr. v. Villamor, A.C. No. 4595,
Feb. 6, 2004)
Q: During their lifetime, the Spouses Villanueva acquired several parcels of land. They were survived by their 5 children: Simeona, Susana, Maria, Alfonso, and Florencia.
Alfonso executed an Affidavit of Adjudication stating that as “the only surviving son and sole heir” of the spouses, he was adjudicating to