2019 Legal Ethics and Practical Exercises, Q1

Atty. A, a duly licensed notary public, has maintained several notarial registers in his separate offices in order to cater to the needs of his clients and accommodate their growing number. Due to Atty. A’s busy schedule, Atty. A’s secretary would usually perform the notarial acts on his behalf.
Sometime in April 2017, Mrs. B, an Overseas Filipino Worker staying in Singapore, sought the legal services of Atty. A for the nullification of her marriage. Consequently, Atty. A drafted a petition with verification which was sent from his law office in Manila to Singapore for the signature of Mrs. B, who, after signing the same, sent it back to Atty. A. When the document arrived in Atty. A’s office, his secretary, as per usual practice, notarized the signed document upon Atty. A’s instruction.
(a) Name at least two (2) violations of the Rules on Notarial Practice committed by Atty. A. (3%)
(b) May Atty. A be also held liable under the Code of Professional Responsibility for the same infractions committed by him as a notary public? Explain. (2%)
(c) What does the phrase “competent evidence of identity” refer to under the Rules on Notarial Practice? (3%)

Quick check

How many active notarial registers may a duly commissioned notary public maintain simultaneously?

May a notary public delegate the performance of notarial acts to a law office secretary?

What is the legal effect of notarizing a document without the physical personal appearance of the affiant?

Which of the following constitutes competent evidence of identity under the Rules on Notarial Practice?

Can a notary public be held administratively liable under the Code of Professional Responsibility for notarial infractions?

Learn more about these topics

1. Notarial Practice Rules
Under the 2004 Rules on Notarial Practice, a notary public is strictly prohibited from maintaining more than one active notarial register. Moreover, notarial duties are strictly personal and cannot be delegated to a secretary, clerk, or any third person. The notary public must personally perform every step of the notarial act, including verifying the identity of the principal, administering the oath or affirmation, and signing and affixing the notarial seal. Performing notarial acts through an agent or employee constitutes a severe violation of the Notarial Rules.

2. Personal Appearance Requirement
A notary public is expressly forbidden from notarizing any document unless the principal personally appears before the notary at the time of notarization. The personal appearance requirement enables the notary to verify the voluntariness of the execution, administer the requisite oath, and confirm the affiant's identity through competent evidence of identity or personal knowledge. Notarizing an instrument in the absence of the principal, such as when the affiant is abroad, invalidates the notarial act and subjects the notary to administrative sanctions, including revocation of commission and disqualification.

3. Competent Evidence Identity
Under Rule II, Section 12 of the Notarial Rules, competent evidence of identity refers to at least one current identification document issued by an official agency bearing the photograph and signature of the individual. Alternatively, identity may be established by the oath or affirmation of one credible witness personally known to the notary and who personally knows the individual, or two credible witnesses not personally known to the notary who show their own government-issued IDs. Community tax certificates are no longer considered competent evidence of identity.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026