Romeo A. Almario Vs. Atty. Dominica Llera-Agno
A.C. No. 10689. January 8, 2018

1.    What is Acknowledgement by Notarial Public?


SECTION 1. Acknowledgment. -'Acknowledgment' refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an integrally complete instrument or document;

(b) is attested to be personally known to the notary public or identified by the notary public competent evidence of identity as defined by these Rules; and

(c) represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity.


2.    When may a Notary Public perform notarial act?


Section 2(b ), Rule 1V of the same Rules provides that:

(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document –

(1) is not in the notary's presence personally at the time of the notarization; and

(2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules.


3.    Is physical presence required before the notary?


Settled is a rule that a document should not be notarized unless the person/s who  is/are executing it is/are personally or physically present before the notary public. The personal and physical presence of the parties to the deed is necessary to enable the notary public to verify the genuineness of the signature/s of the affiant/s therein and the due execution of the document.


4.    In the present case, the SPA in question was notarized by respondent lawyer despite the absence of Mallari, one of the affiants therein. Mallari could not have personally appeared before respondent lawyer in Muntinlupa City, Philippines where the SP A was notarized on July 26, 2006 because Mallari was in Japan at that time, as certified to by the Bureau of Immigration.

Is the Notary Public allowed to notarize the document?


No. Notary Public must not notarize a document unless the persons who signed it are the very same persons who executed the same, and personally appeared before him to attest to the truth of the contents thereof.

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