Let us talk of serious legal matters once in a while. And I chose the service of every lawyer to give whenever he chose to practice law – to notarize a document. This is serious matter because the service that is dispensed here is imbued with public interest. We hear many lawyers being either censured, reprimanded, suspended, fined and the worst, disbarred due to irregularities. This came about when I started to secure the numerous and various requirements to that I can have a new two-year appointment since the expiry of my authority to notarize a legal document. It cannot be a renewal since, it lapsed already. Renewal comes at least 45 days before its expiry. Well, how can I do the renewal at a time when every lawyer is busy for the year-end holidays. But that is water under the bridge already. I have to comply.
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One way or the other, any citizen – Filipino for that matter, needs to come face to face with a lawyer. Not that he or she has to deal with a criminal, civil, or administrative case, or whatever case you can think of, but needs to secure a notarial services from a lawyer. Yes, a notarial commission is one of the basic services a lawyer has to give to his or her client. Of course, we will deal with the most exciting part later – at what price? (magkano ba talaga attorney?).
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What is a notary and why do we notarize a document? You’ve probably had documents notarized, but did you know why? Is there really a purpose or benefit to having a document notarized? A notary public is a third-party witness to, not only the signature of a document but also, the fact that all parties who signed did it so willingly and under their own power. To have a notary public witness a signature is a “powerful risk management tool” to prevent fraud and identity theft.
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To have a document notarized does not necessarily mean the parties signing it understand what it says. When asked why, we say that it was just required by the bank or by the company where I am applying for a job. For as long as it is notarized, who cares? Here in our country, we learned that the responsibility of a notary should extend beyond merely witnessing a signature. Lawyers–notaries should ensure to know whether the party or parties to a document he is notarizing is or are competent, and that the people involved in a transaction know what’s going on or what are they signing for.
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Does a notary public need to be a lawyer? What are his qualifications? Long ago, when there were still few lawyers, a notary public is not necessary to be a lawyer. This time, if you are not a lawyer, you cannot simply notarize any document. Under the Rules on Notarial Practice in the Philippines, particularly under Administrative Matter No. 02-8-13-SC or the 2004 Rules on Notarial Practice promulgated by the Supreme Court, a notary public: (a) must be a citizen of the Philippines; (b) must be over twenty-one (21) years of age; (c) must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or province where the commission or his authority is to be issued; (d) must be a member of the Philippine Bar (a lawyer) in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and (e) must not have been convicted in the first instance of any crime involving moral turpitude.
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And like every lawyer who wants to have the authority to notarize documents, I embarked to personally secure all the needed requirements to be put into a petition for application before the designated Executive Judge in the province that has jurisdiction over my place of practice. Every petition for a notarial commission shall be in writing, verified, and shall include the following: (a) a statement containing my personal qualifications, including my date of birth, residence, telephone number, professional tax receipt, roll of attorney’s number and IBP membership number; (b) certification of my good moral character as a petitioner by at least two (2) executive officers of the local chapter of the Integrated Bar of the Philippines where I am applying for commission; (c) proof of the payment for filing the petition as required by the Rules; and (d) three (3) passport-size color photographs with light background taken within thirty (30) days of the application. The photograph should not be retouched. The petitioner shall sign his name at the bottom part of the photographs.
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All of these I already secured and has to submit the same to the Court for its approval, a process to be followed before I will be eventually be given the green light to notarize a document. We will deal with those again next time. The purpose of this is to show that the process is tedious for a lawyer to be commissioned as notary public. No shortcuts. So that the people who seek the services of a lawyer-notary public should be able to appreciate and respect them and the services they give.
