NOTARIAL RULES

What is the law on notarization Philippines?

A notary public must have a notarial commission issued by an
Executive Judge of the Regional Trial Court with jurisdiction over the
place where the lawyer seeking to become a notary public has his
regular place of work or business, where s/he will render notarial
services.

What is rules on notarial practice?

both witnesses sign their own names; the notary public writes below his
signature: "Signature affixed by notary in presence of (names and
addresses of person and two [2] witnesses)"; and. the notary public
notarizes his signature by acknowledgment or jurat.
What are the requirements for notarization?
Each original document to be notarized must have a photocopy.
Photocopy also your valid identification card (examples: driver's
license, state identification card or passport) that shows the same full
name and signature in your documents.

Can a notary public notarize outside his office?

The accredited notary public shall not perform a notarial act outside his
regular place of work or business unless it is to be performed at the
request of the parties in the following sites located within his territorial
jurisdiction: (a) public offices, convention halls, and similar places
where oaths of office may be.
Can I notarize a document anywhere in the Philippines?
a) A notary public cannot notarize outside his regular place of work or business (but there
are exceptions to this rule). For example, if you are given a notarial commission for a
certain jurisdiction as Quezon City, you cannot notarize in Muntinlupa City, subject to
certain exceptions.

What is the legal effect of notarized document?

The document is also rendered admissible in court as tangible evidence once it is

notarized. Notarization also prevents fraud among legal documents and contracts. The
documents that often require notarization are Power of Attorney, medical documents,
sworn statements, affidavits, deeds, wills and trusts.

What is the most common mistake made by a notary?

Failing to require signers to be present at the notarization is the number one claim of
misconduct against Notaries.
What is the purpose of a
notarized document?

Provide legal protection: Having your

documents notarized can help
prevent contract disputes and
litigation. Elevate the credibility of
the document: Many documents are
not legally binding until they have
been notarized.
What is the jurisdiction of a notary public?

Under the rule, only persons who are commissioned as notary public may
perform notarial acts within the territorial jurisdiction of the court which
granted the commission.

Typically, a public notary can correct information if a mistake exists within

a notarial certificate. However, public notaries cannot change the specifics
of the document. In fact, the signer has the sole right to make changes to
the document.
Is notarized agreement legally binding?

Under the Civil Code, a contract is valid and binding if all its elements are
present, i.e., the elements of consent, object, and cause. Thus, even if the
contract is not notarized, it is valid provided these elements are present.

Is a notarized contract valid?

A contract need not be notarized if it only involves a movable property.
This means that a contract is still enforceable and valid if it has been
proven that the requirement is indispensable and absolute.
Why should contracts be notarized?
Generally, contracts don't need to be notarized, as the signed contract
itself is legally binding. However, if a potential legal dispute arises
between the parties, having the contract notarized can be very beneficial.
Having a notary will provide proof of the parties entering into the contract

Is Deed of sale valid without notary?

For the Deed of Absolute Sale to be registered, it must be notarized. In the

registration process, you get the Certification Authorizing Registration
(CAR) and you need to submit a notarized Deed of Absolute Sale. Without
a duly notarized Deed of Absolute Sale, the BIR will not issue tax
clearance or CAR.
Can I change a document after signing?

Altering documents after signing can lead to numerous consequences. Faking a

signature without permission, making a false document, or changing an existing
document are all considered to be a forgery. Forgery is a crime and punishable by law.

What is the purpose of notarial commission?

“Notarial Commission” refers to the grant of authority by the States to perform

notarial acts and to the written evidence of the authority.

What is the purpose of notary public?

Notarization it is to certify or attest to a document by a notary public. The 2004 Rules

of Notarial Practice provides that a notary public must be a lawyer in good standing
and must not have been convicted in the first instance of any crime involving moral
turpitude.
What are the prohibitions to a notary public?

A notary public shall not: execute a certificate containing

information known or believed by the notary to be false. affix an
official signature or seal on a notarial certificate that is
incomplete.

What is Jurat?
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.
What is the purpose of jurat and acknowledgement?
A notary acknowledgement ensures that the signer of the document is indeed the person
named in the document. The function of the notary in this case is to verify the identity of
the signer. On the other hand, a notary is asked to perform a Jurat, when the signer takes
an oath or makes an affirmation.

What is the main difference between jurat and acknowledgement?

Jurats are commonly used for affidavits, depositions, and other legal documents where the
signer needs to attest to the truthfulness of what is stated in the document. On the other
hand, an acknowledgement is used when no oath or affirmation is required from the
signer.

What documents need to be notarized in the Philippines?

 Deed of Donations.
 Deed of Absolute Sale.
 Bank Forms / Signature Cards.
 Insurance Forms.
NBI Clearance Application
What is the purpose of jurat and acknowledgement?
A notary acknowledgement ensures that the signer of the document is indeed the person
named in the document. The function of the notary in this case is to verify the identity of
the signer. On the other hand, a notary is asked to perform a Jurat, when the signer takes
an oath or makes an affirmation.

What is the main difference between jurat and acknowledgement?

Jurats are commonly used for affidavits, depositions, and other legal documents where the
signer needs to attest to the truthfulness of what is stated in the document. On the other
hand, an acknowledgement is used when no oath or affirmation is required from the
signer.

What documents need to be notarized in the Philippines?

 Deed of Donations.
 Deed of Absolute Sale.
 Bank Forms / Signature Cards.
 Insurance Forms.
NBI Clearance Application
DEED OF ABSOLUTE
SALE
DEED OF ABSOLUTE SALE

The deed of absolute sale is the document under which the seller transfers the real estate
to the buyer. This document is fairly straightforward, sets out the basic terms of the
transaction and cross-refers to the sale and purchase agreement for the other terms.

Elements
In its most basic form, it is a contract. A contract, under Philippine law, has three
elements: the consent of the contracting parties, an object certain that is the subject
matter of the contract, and the cause of the obligation that is established.

What happens if deed of absolute sale is not notarized?

Failure to notarize a deed of absolute sale does not render the sale or transaction void or
without any effect. If you fail to notarize a deed of absolute sale, it will only be considered
as a mere private document.
Is deed of absolute sale valid without notary?

For the Deed of Absolute Sale to be registered, it must be notarized. In the

registration process, you get the Certification Authorizing Registration
(CAR) and you need to submit a notarized Deed of Absolute Sale. Without
a duly notarized Deed of Absolute Sale, the BIR will not issue tax clearance
or CAR.

In summary, a Deed of Absolute Sale transfers ownership of the property

completely and permanently to the buyer.
EXTRAJUDICIAL SETTLEMENT
OF THE ESTATE
EXTRAJUDICIAL SETTLEMENT OF THE ESTATE

An Extrajudicial Settlement of Estate is a legal process involving surviving

heirs of a deceased person to distribute the deceased person's property.
The surviving heirs of the deceased will sign a document called “Deed of
Extrajudicial Settlement of Estate”

What is extrajudicial settlement of estate with Deed of partition?

Extrajudicial partition occurs when a deceased estate owner has not
named any heirs to the property or if they passed away without a valid
will. This is a common procedure in the Philippines and is usually settled
outside the court. Since the heirs don't need to go to trial, the estate can
be divided among themselves.
What is an Extrajudicial Settlement of Estate with Sale?

It is the combination of an extrajudicial settlement of estate

with deed of absolute sale for the heirs who desires to transfer
real property the decedent which in turn would be sold to
another person.
DEED OF DONATION
What is a Deed of Donation?

A Deed of Donation transfers property from the owner (the “donor”) to another
person (the “donee”) by way of donation. The Deed of Donation is usually executed
for the love, gratuity and affection the donor has for the donee (e.g. from a parent to
a child).

A Deed of Donation is a document that transfers the title of ownership of a

property from one person (donor) to another (donee). This type of transfer
does not require any consideration, meaning it is usually done free of
charge. It is usually executed for the love, gratuity and affection the donor
has for the donee.
 How to Donate a Real Estate Property?

 The donor must have the capacity to make the donation and must be the
lawful owner of the property donated;
 The donor must have donative intent;
 There must be delivery of the thing donated; and.
 The donee must accept the donation during the lifetime of the donor and
the donee.

Like other legal documents, Deed of Donation must be written in a formal

language and signed by both parties in front of two witnesses.

Donations are perfected from the moment the donor knows of the
donee’s acceptance.
Should a Deed of donation be notarized?

Furthermore, if the property involved is a real property such as

land, house or condo unit, both the donation and its
acceptance must be made in a public instrument or notarized.