Notarization – Lex Rex Ph

What is notarization?

Is any act that a notary public is empowered to perform under the Rules on Notarial Practice which includes:

Notarization is not an empty, meaningless, routinary act. (Dela Cruz vs. Zabala)

A notarized document is by law entitled to full faith and credit upon its face, and for this reason, notaries public must observe the utmost care to comply with the elementary formalities in performing their duties. (Realino vs. Villamor) Once it bears the signature of a notary public, the burden to disprove the document’s authenticity shifts to the one who alleges.
The function of a notary public is, among others, to guard against any illegal or immoral arrangements. That function would be defeated if the notary public were one of the signatories to the instrument. (Villarin vs. Sabate)
Conversion to a public document. Notarization converts a private document into a public document and makes it admissible in evidence without further proof of authenticity.
It means that all the parties therein personally appeared before the notary public;
The parties are all personally known to the notary public;
They were the same persons who executed the instruments;
He inquired into the voluntariness of execution of the instrument; and
They acknowledged personally before him that they voluntarily and freely executed the same.

Signed in his presence. A notarial officer must demand that a document be signed in his presence. (Realino vs. Villamor) The notary public must ascertain the identities of the affiants. (Delacruz vs. Zabala)
Must personally appear. The persons who signed must be the very persons who personally appeared. The facts stated there are facts they have personal knowledge of and not through their representatives.

Notes:

If delegated, the representative’s names must appear. This cannot be delegated, because it requires personal knowledge. Otherwise, their representative’s names should appear in the said documents. – Villarin vs. Sabate, RA 2103
Respect of the legal solemnity of an oath in an acknowledgment or jurat is [sacred] sacrosanct – Arrieta v. Llosa
To disregard the requirements is illegal and has possible damage or prejudice. – Arrieta vs. Llosa

A person can notarize a document when an Executive Judge has issued him a notarial commission.

To be commissioned as a notary public, he must submit a petition and must have the following qualifications:

Must be a citizen of the Philippines;
Must be over 21 years old;
Must be a resident in the Philippines for at least 1 year and maintains a regular place of work or business in the city or province where the commission is to be issued;
Must be a lawyer (a member of the Philippine Bar) in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines;
Must not have been convicted in the first instance of any crime involving moral turpitude.

Source: Rule III Sec. 1

It depends on your region, but the minimum notarization fee based on IBP recommendation is P500. It will also depend if it involves document preparation, acknowledgment, and authentication.