Notaries – take note

It has been over a year and a half since the Supreme Court’s 2004 Rules on Notarial Practice took effect. However, a glance at many notarized documents that we have seen from the time the Rules took effect indicate that some notaries either are not yet aware of the new rules or have not been able to comply with them. The purpose of the new rules is to give greater dignity to the position occupied by a notary public. In an article of this length, it will be impossible to discuss all of the changes made by the 2004 Rules. We point out below the more salient changes.

A notary is no longer allowed to go to the office/residence of a client to notarize documents, for the new rules provide that a notary shall not perform a notarial act outside his regular place of work. On the surface, this rule would seem to allow notaries who used to exercise their trade on wooden boxes under the LRT outside the Manila City Hall to continue their notarial practice in the place that had been their regular place of work. However, the new rule that the stamp of a notary should state not only his name but also the address of his office would, to our mind, implicitly disallow the continuation of this practice. For we believe it was not the intention of the new rules to allow a notary to specify as his office, "Under the LRT, City Hall, Manila".

The new requirements are an attempt to minimize situations that have arisen in the past where documents had supposedly been notarized by a notary public whose signature could not be deciphered. In addition to notaries whose signatures are illegible, many notaries today use only their initials as their signature, due to the sheer volume of documents they are requested to notarize. Even if these initials are very legible, it would still leave a reader clueless as to the identity of the notary. Thus, the rules now require in addition to the signature of the notary, that the notary also print his full name beneath his signature. The absence in the past of the address of the notary on his notarial seal made not only his identity, but his whereabouts difficult if not impossible to ascertain.

There are exceptions, however, when notaries may perform notarial acts outside of their place of business at the request of parties: (1) Public offices, convention halls and similar places where oaths of office may be administered; (2) Hotels and similar places for signing ceremonies; (3) Hospitals where a party is confined for treatment, and (4) Places where a party is under detention.

The party must be in the notary’s presence at the time a document is notarized. Although this is not a new rule, in the past some notaries may have followed it more in its breach than in its observance. To ensure this rule is followed, the 2004 Rules require the parties and their witnesses to sign the notarial book of the notary at the time of notarization. This new rule gives notaries a compelling reason to require the presence of parties and their witnesses to personally appear before the notary. The rule that notaries must perform their duties at their place of work would, in effect, prohibit any practice where the notarial books of the notary public are brought to the office or residence of the affiant or party, for their signature. Clients should therefore be mindful of the new rules, in order to prevent any embarrassment if a notary public rightfully refuses to notarize a document unless the party and his witnesses are in the presence of the notary.

A new form of seal is required, which should be two inches in diameter and have the name of the city/municipality and the word "Philippines" imprinted on the outer circle of the seal. Across the center should appear the words "notary public", as well as the notary’s number in the Roll of Lawyers. The seal should be clearly impressed on every page of the instrument that is notarized.

Commercial Break. The Ateneo College of Law will mark its 70th anniversary during the annual homecoming of the Ateneo Law Alumni Foundation, Inc. this coming Friday, June 9, 2006, at 5:30 p.m. at the NBC Tent in Fort Bonifacio. The Host will be Class ’82 of former IHAP President Aster Soto and CTA Justice Lovell Bautista. Honorees will be Class ’56, the silver jubilarians, who include ALAFI President Val del Rosario and Dean Cesar Z. Villanueva; Class ’66, the ruby jubilarians, who include Quezon Governor Willy Enverga, PPA Administator Oscar Sevilla and MLQU President Dindo de los Angeles; and Class ’56, the golden jubilarians, who include former Senate President Ernie Maceda among their number. Humility prevents me from mentioning that I am also one of the ruby jubilarians. The Host Class has promised a memorable evening with free flowing spirits. The presence of all alumni will be appreciated.

(The author is a senior partner at the Angara Abello Concepcion Regala & Cruz Law Offices or ACCRALAW. He may be contacted at tel. 830-8000 or e-mailed at [email protected])