# 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.

<!--more-->

## Qualifications

Under the 2004 Rules, a notary public must be:

1. A **Filipino citizen**
2. A **member of the Philippine Bar** in good standing
3. **At least 18 years old** (effectively older, given the bar requirement)
4. A **resident** of the territorial jurisdiction of the commissioning court for at least one year
5. **Of good moral character**, with no conviction for a crime involving moral turpitude
6. **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](/glossary/acknowledgment/) | Certify voluntary signing of a document (deeds, SPAs, contracts) |
| [Jurat](/glossary/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](/glossary/remote-electronic-notarization/) under separate rules).

## Duties and Recordkeeping

Every notary public must:

- Keep a **[notarial book](/glossary/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](/glossary/am-no-24-10-14-sc/), a separate commission as an [Electronic Notary Public (ENP)](/glossary/electronic-notary-public/) is required.

| Aspect | Notary Public (2004 Rules) | [Electronic Notary Public](/glossary/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](/glossary/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](/glossary/jurat/). In an [acknowledgment](/glossary/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](/glossary/electronic-notary-public/) 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](/sc-rulings-on-fraudulent-notarial-seals-and-signatures-shows-why-e-notarization-is-the-future/) and [avoiding notary scams](/avoiding-notary-scams-guide-to-safe-document-signing-philippines/).

## Related Terms

- [Electronic Notary Public](/glossary/electronic-notary-public/)
- [Acknowledgment](/glossary/acknowledgment/)
- [Jurat](/glossary/jurat/)
- [Notarial Book](/glossary/notarial-book/)
- [E-Notarization](/glossary/e-notarization/)

---

[NotarialOS](https://notarialos.com) 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.