SUBJECT: The Concept of ‘Notary Public’ Qualifications and Revocation

I. Introduction

This memorandum provides an exhaustive analysis of the concept of a notary public within the Philippine legal system, focusing on the statutory and ethical qualifications for appointment and the grounds and procedures for revocation of the notarial commission. The role of a notary public is one of public trust, imbued with profound responsibility under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and related jurisprudence. This research will delineate the prerequisites for becoming a notary public, the scope of the notary’s duties, and the legal and ethical breaches that can lead to the termination of the notarial commission.

II. Legal Definition and Function of a Notary Public

A notary public is a public officer appointed by the Regional Trial Court and authorized to perform specific acts of a notarial nature. The principal function is to authenticate and certify documents, administer oaths, and perform other acts to lend them public faith and credence. The notary’s acts are not merely ministerial; they are clothed with a presumption of regularity and are essential to the smooth functioning of commerce, property transactions, and legal proceedings. The notary public serves as an impartial witness, deterring fraud and ensuring the integrity of signed documents.

III. Governing Laws and Rules

The primary source of law governing notaries public in the Philippines is the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), which superseded all prior inconsistent rules. These Rules are supplemented by:

The Revised Penal Code, particularly provisions on falsification of public documents.

The Code of Professional Responsibility and the Code of Professional Accountability for lawyers, as only members of the Philippine Bar in good standing are eligible.

Relevant Supreme Court Circulars and Administrative Orders.

Jurisprudence from the Supreme Court, which provides authoritative interpretations of the Rules.

IV. Qualifications for Appointment as a Notary Public

Pursuant to Rule III of the 2004 Rules on Notarial Practice, an applicant for a notarial commission must meet the following qualifications:

Must be a citizen of the Philippines.

Must be over twenty-one (21) years of age.

Must be a resident in the Philippines for at least one (1) year and maintain a regular place of work or business in the city or province where the commission is applied for.

Must be a member of the Philippine Bar in good standing.

a. Good standing means the lawyer must have no pending administrative, criminal, or disbarment case; must be up-to-date in the payment of Integrated Bar of the Philippines dues; and must have no record of a final judgment of guilt in a disbarment case.

Must not have been convicted in the first instance of any crime involving moral turpitude.

Must have completed a notarial seminar conducted by the Integrated Bar of the Philippines.

The applicant must submit a verified application, oath, and a Certificate of Good Standing from the Integrated Bar of the Philippines to the Executive Judge of the Regional Trial Court having jurisdiction.

V. Duties and Ethical Responsibilities

The duties of a notary public are sacred and must be performed with utmost fidelity. Key duties include:

Requiring Personal Appearance: The affiant or signatory must personally appear before the notary public at the time of the notarization.

Verifying Identity: The notary must ascertain the identity of the signatory through competent evidence of identity.

Ensuring Willingness and Awareness: The notary must ensure the signatory is acting of his/her own free will and is aware of the contents of the document.

Maintaining a Notarial Register: A permanent, bound, and chronologically sequential record of all notarial acts* must be kept.

Issuing Notarial Certificates*: The certificate must be complete, accurate, and attached to the instrument.

Impartiality: A notary must not notarize a document if he/she is a party thereto, or has a direct personal or pecuniary interest.

Safeguarding the Notarial Seal*: The official seal is a public symbol of office and must be kept secure.

Breach of any of these duties constitutes malpractice or gross negligence in the performance of duties.

VI. Grounds for Revocation of Notarial Commission

The notarial commission is a privilege that can be revoked for cause. Grounds for revocation, as established by the Rules and jurisprudence, include:

Final Judgment of Disbarment of the lawyer-notary.

Final Judgment of Suspension from the practice of law for any period.

Final Judgment of Conviction for a crime involving moral turpitude.

Gross Negligence or Misconduct in the performance of notarial acts (e.g., notarizing without personal appearance, falsifying the notarial register).

Unauthorized Practice of notarizing outside the territorial jurisdiction of the commission.

Failure to Keep a Notarial Register or to submit notarial reports*.

Notarizing a Document where the notary is a party or has a direct interest.

Violation of the 2004 Rules on Notarial Practice* or the lawyer’s ethical codes.

Revocation can be initiated by the Supreme Court motu proprio or upon a verified complaint.

VII. Comparative Table: Key Aspects of Qualifications vs. Grounds for Revocation

Aspect	Qualifications for Appointment (Rule III)	Common Grounds for Revocation (Rule XI & Jurisprudence)
Professional Status	Must be a lawyer in good standing.	Disbarment or suspension from the practice of law.
Criminal Record	No final conviction for a crime involving moral turpitude.	Final conviction for a crime involving moral turpitude.
Integrity/Moral Fitness	Implied requirement of sound moral character.	Acts constituting gross misconduct, moral turpitude, or fraud.
Compliance with Procedure	Must complete a notarial seminar.	Gross negligence in performing notarial acts (e.g., ignoring personal appearance rule).
Administrative Compliance	Must submit required application documents.	Failure to maintain/surrender the notarial register or to submit reports.
Territorial Limit	Must have a place of work/business in the jurisdiction.	Unauthorized practice by notarizing outside the territorial jurisdiction.
Conflict of Interest	N/A (General ethical rules apply).	Notarizing a document where the notary is a party or has a direct interest.

VIII. Procedure for Revocation

The revocation of a notarial commission is an administrative proceeding. The typical procedure is:

Filing of a Complaint: A verified complaint is filed with the Office of the Court Administrator or the Integrated Bar of the Philippines, or the Supreme Court may act on its own initiative.

Requirement to Answer: The respondent-notary is required to file a verified answer.

Investigation: The case may be referred to an investigating judge of the Regional Trial Court or the Integrated Bar of the Philippines for a formal investigation and report.

Recommendation and Decision: The investigating body submits a report and recommendation to the Supreme Court. The Supreme Court, exercising its power of supervision over all courts and lawyers, renders the final decision.

Effect of Revocation: Upon revocation, the notary public must immediately cease from performing any notarial act and must surrender his/her notarial seal, register, and records to the Executive Judge.

IX. Jurisprudential Highlights

The Supreme Court has consistently held that a notary public must observe the highest degree of care. In Limpin, Jr. v. Atty. Judge Francia, the Court revoked a notarial commission for notarizing a document without the personal appearance of the signatory, calling it a falsification. In Atty. Panganiban v. Atty. Borromeo, the Court emphasized that the duty of a notary public is dictated by public policy and is not a meaningless formality. The Court in Funa v. Agra clarified that notarial acts performed by one whose commission has expired are null and void.

X. Conclusion

The institution of the notary public is a cornerstone of legal and commercial reliability in the Philippines. The qualifications for appointment are designed to ensure that only lawyers of proven competence and integrity are entrusted with this power. Correspondingly, the grounds for revocation are broad and strictly enforced to protect the public from fraud and malpractice. The Supreme Court maintains a rigorous supervisory role, and any dereliction of the sacred duties of a notary public is met with severe sanctions, including the permanent revocation of the notarial commission and potential disciplinary action against the lawyer’s license to practice law. Upholding the sanctity of the notarial act is paramount to preserving public confidence in notarized documents.