Quick answer

Notarization is not a formality: it converts a private document into a PUBLIC document, admissible in evidence without further proof of authenticity, and entitled to a presumption of regularity. That is why the Rules on Notarial Practice impose strict requirements and why breaches are disciplined severely. The first requirement is PERSONAL APPEARANCE. A notary public shall not perform a notarial act if the signatory is not IN THE NOTARY'S PRESENCE PERSONALLY at the time of notarization. Notarizing a document whose signatory did not personally appear is the most common and most serious violation, and the Supreme Court has repeatedly held it to be a breach of the notary's duty and of the lawyer's oath, warranting revocation of the notarial commission, disqualification from being commissioned, and suspension from the practice of law. The second requirement is IDENTIFICATION: the signatory must be personally known to the notary, or identified through COMPETENT EVIDENCE OF IDENTITY, which the Rules define as at least one current identification document issued by an official agency bearing the photograph and signature of the individual, or the oath or affirmation of one credible witness not privy to the instrument who is personally known to the notary and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument and who each personally knows the individual and shows competent evidence of identity. A community tax certificate alone is no longer sufficient identification. Third, the NOTARIAL REGISTER must be kept, with a chronological entry for every notarial act recording the details the Rules require, and the signature and thumbmark of the principal; the register is a public record and the notary must furnish certified copies on request and submit monthly reports. Fourth, DISQUALIFICATIONS: a notary may not notarize a document if the notary is a party to the instrument, or will receive as a direct or pecuniary benefit from the transaction, or is a spouse or relative of the principal within the fourth civil degree. The consequence of a defective notarization is that the document loses its public character and is treated as a PRIVATE document, so its due execution and authenticity must be proved; it does not automatically become void as a contract, since notarization is generally not essential to validity, but it loses evidentiary weight and, where the law requires a public instrument, may fail of its intended effect. So notarization requires personal appearance and competent evidence of identity, a properly kept register, and the absence of disqualification, or the document is reduced to a private one and the notary faces discipline.

Why It Matters

Notarization converts a private document into a PUBLIC one — admissible without further proof of authenticity and carrying a presumption of regularity.

Personal Appearance Is Mandatory

A notary shall NOT notarize if the signatory is not PERSONALLY IN THE NOTARY'S PRESENCE at the time. This is the most common and most serious violation, drawing revocation of the commission, disqualification, and SUSPENSION from the practice of law.

Competent Evidence of Identity

Register and Disqualifications

A chronological notarial register must be kept with the required details and the principal's signature and thumbmark, with certified copies furnished on request and monthly reports submitted. A notary is DISQUALIFIED where he is a party to the instrument, will receive a direct or pecuniary benefit, or is a spouse or relative within the fourth civil degree of the principal.

Effect of a Defective Notarization

The document loses its public character and is treated as PRIVATE, so due execution and authenticity must be proved. It is not automatically void as a contract — notarization is generally not essential to validity — but it loses evidentiary weight, and where the law requires a public instrument it may fail of its intended effect.

Frequently Asked Questions

Can a notary notarize a document if the signer is not present? No. The Rules require that the signatory personally appear before the notary at the time of notarization. Notarizing without personal appearance can lead to revocation of the commission, disqualification, and suspension from the practice of law.

What counts as competent evidence of identity? At least one current identification document issued by an official agency bearing the photograph and signature of the individual, or the oath of one credible witness personally known to the notary who knows the individual, or of two credible witnesses who know the individual and show their own competent identification.

Is a cedula enough identification for notarization? No. A community tax certificate alone is no longer sufficient as competent evidence of identity under the Rules on Notarial Practice.

Is a defectively notarized document void? Not necessarily. It loses its public character and is treated as a private document whose due execution and authenticity must be proved. It is not automatically void, since notarization is generally not essential to a contract's validity, but where the law requires a public instrument it may fail of its intended effect.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.