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%)
Suggested answer only. Not an official answer and not legal advice.
(a) Atty. A violated rules prohibiting multiple registers, delegation of duties, and non-appearance notarization. (b) Yes, he is also liable under the CPR. (c) It refers to a current government photo ID or oath of credible witness(es).
Under the Notarial Rules, a notary must keep one register, cannot delegate duties, and requires personal appearance and competent evidence of identity (government photo ID or oath of credible witness). Such violations also constitute misconduct under the CPR.
Here, Atty. A maintained multiple registers, delegated notarization to his secretary, and notarized Mrs. B's document while she was in Singapore without personal appearance. These acts violate both the Notarial Rules and the CPR.
Therefore, Atty. A committed multiple notarial violations and is liable under the CPR.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
How many active notarial registers may a duly commissioned notary public maintain simultaneously?
A notary public is strictly bound to maintain only one active notarial register at a time.
May a notary public delegate the performance of notarial acts to a law office secretary?
Notarial duties are strictly personal to the commissioned notary and cannot be delegated to an employee.
What is the legal effect of notarizing a document without the physical personal appearance of the affiant?
Personal appearance of the affiant before the notary public is mandatory for a valid notarial act.
Which of the following constitutes competent evidence of identity under the Rules on Notarial Practice?
Competent evidence of identity includes an unexpired government-issued ID bearing the individual's photo and signature.
Can a notary public be held administratively liable under the Code of Professional Responsibility for notarial infractions?
Misconduct committed by a lawyer as a notary public warrants administrative discipline under the Code of Professional Responsibility.
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.
TopicsCompetent Evidence of Identity2Delegation of Notarial Duties1Rules on Notarial Practice1