What Is a Notary Public? Philippine Definition, Powers, and Requirements
A notary public in the Philippines is a member of the Philippine Bar in good standing who has been commissioned by the Executive Judge of a Regional Trial Court to perform notarial acts within a specific territorial jurisdiction. The office is governed by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), which prescribe who may be a notary, what acts they can perform, and how those acts must be recorded.
Qualifications
Under the 2004 Rules, a notary public must be:
- A Filipino citizen
- A member of the Philippine Bar in good standing
- At least 18 years old (effectively older, given the bar requirement)
- A resident of the territorial jurisdiction of the commissioning court for at least one year
- Of good moral character, with no conviction for a crime involving moral turpitude
- Not currently disbarred or suspended from the practice of law
A notarial commission is valid for two years and is limited to the city or province of the commissioning RTC.
Notarial Acts a Notary Public May Perform
The 2004 Rules authorize the following notarial acts:
| Act | Purpose |
|---|---|
| Acknowledgment | Certify voluntary signing of a document (deeds, SPAs, contracts) |
| Jurat | Administer oath that contents of a document are true (affidavits, sworn declarations) |
| Signature witnessing | Witness affixing of a signature |
| Copy certification | Certify a copy as a true copy of an original |
| Oaths and affirmations | Administer oaths for purposes other than written documents |
A notary may not notarize their own document, a document in which they are a party in interest, or one where the principal is not personally present (with limited exceptions for REN under separate rules).
Duties and Recordkeeping
Every notary public must:
- Keep a notarial book in which every notarial act is recorded chronologically
- Keep a notarial register of all documents notarized
- Use a notarial seal with prescribed contents (name, commission, “Notary Public,” jurisdiction, expiration date)
- File monthly notarial reports with the Executive Judge / OCA
- Keep physical custody of the notarial book and seal
Failure to comply can result in revocation of the commission and disciplinary action by the Supreme Court.
Notary Public vs. Electronic Notary Public
A traditional notary public commissioned under the 2004 Rules can only notarize paper documents within their territorial jurisdiction. To notarize electronic documents under A.M. No. 24-10-14-SC, a separate commission as an Electronic Notary Public (ENP) is required.
| Aspect | Notary Public (2004 Rules) | Electronic Notary Public |
|---|---|---|
| Authority to commission | Executive Judge, RTC | Electronic Notary Administrator (ENA) |
| Document format | Paper only | PDF / PDF-A |
| Geographic scope | City / province of commission | Broader; REN extraterritorial |
| Seal | Physical rubber stamp | Electronic notarial seal |
| Notarial book | Physical | Electronic, integrated with SC database |
| Identity verification | Visual + ID | Multi-factor (ID + biometrics + OTP) |
A lawyer can hold both commissions concurrently and route work to the appropriate one based on whether the document is paper or electronic.
Common Public Misconceptions
- “A notary verifies the truth of a document.” Only in a jurat. In an acknowledgment, the notary only certifies voluntary signing.
- “Any lawyer can notarize.” No. A lawyer must hold a current notarial commission.
- “A notary’s authority is nationwide.” No. Traditional notarial commissions are limited to a city or province. Only ENP commissions extend more broadly.
- “Notarization makes a contract valid.” Notarization does not validate an otherwise void contract. It converts a private document into a public one for registration and evidentiary purposes.
For why proper notarial practice matters and how fraudulent seals are prosecuted, see SC rulings on fraudulent notarial seals and avoiding notary scams.
Related Terms
NotarialOS is a leading SC-accredited Electronic Notarization Facility supporting commissioned notaries public nationwide who also hold an ENP commission under A.M. No. 24-10-14-SC.