A notarial service is an official act. It is performed by a notary public. It is authorized by the 2004 Rules on Notarial Practice and other related rules.   

Here's what makes up a notarial service according to the 2004 Rules:

• Acknowledgments. Verifying the identity of a person who appears before the notary public. Confirming they signed a document without duress or undue influence.   
• Oaths and affirmations. Administering affirmations or oaths. Doing this to a person who swears to the truth of a statement.   
• Jurat. This is a notarial act. It's where a person signs a document in the presence of the notary public. That person takes an oath or affirmation.   
• Signature witnessings. Attesting that a document was signed in the presence of the notary public.   
• Copy certifications. Certifying that a document is a true copy of the original. That it is the accurate reproduction of the original.   

Notarization serves to authenticate documents and affirm their legitimacy, allowing them to be recognized in court without the need for further proof. It transforms a private document into a public one. This process adds a layer of trust and reliability that is essential in many legal, commercial, and personal transactions.

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Here's a breakdown of the key reasons why these services are important. Why the Supreme Court of the Philippines has established rules for them:

Notarization helps to prevent fraud. It does this by ensuring that a disinterested party (the notary public) verifies the identity of the signatory.  Verify the witness's signing of the document.  This makes it harder for someone to falsely claim they didn't sign a document, or that the signature was forged with another person's signature.   

Notarization provides assurance that documents were signed voluntarily. That the signer has a full understanding of their contents.  This is particularly important for legal documents. Documents where misunderstandings or coercion could have significant consequences.   

Notarized documents are generally presumed to be authentic. Unless disputed otherwise with evidence they are valid. It can simplify legal processes and reduce the likelihood of disputes.  Courts and institutions thrive on documents. They often rely on the validity and integrity of legal documents. They rely on notarized documents as evidence of the facts they contain.   

Regulating notarial practice. The Supreme Court aims to protect the public from unreliable or fraudulent documents.  This oversight helps maintain the integrity of legal and commercial transactions.   

The Supreme Court of the Philippines has allowed and regulated notarial services to:

• Promote, serve, and protect public interest    
• Simplify, clarify, and modernize the rules governing notaries public    
• Foster ethical conduct among notaries public    

The regulation of notarial services is an exercise of the Supreme Court's authority. It ensures the proper administration of justice. Maintain public trust in legal processes.

Every notary public is required to maintain a chronological official notarial register. It documents all notarial acts performed. This register must be a permanently bound book with numbered pages. It must contain specific details about each notarization. Records should include the date, time, type of notarial act, and description of the document. It contains the names and addresses of the parties, evidence of identity, and the fees charged. 

A personal seal is a must-have for every notary public. The seal and signature must be affixed simultaneously. Affixing the personal seal must be done in the presence of the signatory. It is done only after all legal requirements for the notarial act have been met.   

Notaries are responsible for the safekeeping of their notarial register and seal. The notarial register must be submitted to the Office of the Clerk of Court. This is completed upon expiration or revocation of their commission, 

The 2004 Rules define acts prohibited for notaries public. Violations can lead to administrative sanctions, civil liabilities, or even criminal prosecution. These include impersonating a notary, soliciting or coercing a notary to commit misconduct. It also means failing to comply with the mandatory requirements of the Rules.

The rules aim to promote public interest. It aims to simplify. It aims to modernize the rules governing notaries public. Foster ethical conduct among notaries. It is a comprehensive legal framework. It governs the appointment, powers, and duties of the notaries public. It also defines the limitations of notaries public in the Philippines.

ANP Law and Consultancy Notarial Services are available Monday to Friday from 9:00 AM to 5:00 PM. Contact us to ensure you are given a schedule.