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Dwight Part

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SEC. 5.

NOTARIAL
REGISTER.

“Notarial Register” refers to a permanently bound


book with numbered pages containing a
chronological record of notarial acts performed by a
notary public.
MALVAR VS. ATTY.
BALEROS

Facts: The complainant executed a Deed of Absolute


Sale in favor of Mallari. Mallari who was not able to
withstand the delay in the delivery of the title of the
land filed an Application for Certification of Alienable
and Disposable Land. using the complainant's name
and signing the said application. This was Notarized
by Atty. Baleros
MALVAR, vs. ATTY. BALEROS

"If the document or instrument does not appear in the


notarial records and there is no copy of it therein, doubt
is engendered that the document or instrument was not
really notarized, so that it is not a public document
and cannot bolster any claim made based on this
document."
SEC. 6. JURAT.
“Jurat” refers to an act in which an individual on a single
occasion:
(a) appears in person before the notary public and
presents an instrument or document;
(b) is personally known to the notary public or identified
by the notary public through competent evidence of
identity as defined by these Rules;
(c) signs the instrument or document in the presence of
the notary; and
(d) takes an oath or affirmation before the notary public
as to such instrument or document.
MALVAR, vs. ATTY. BALEROS

A jurat as sketched in jurisprudence lays emphasis on the


paramount requirements of the physical presence
of the affiant as well as his act of signing the document
before the notary public.

The physical presence of the affiant ensures the proper


execution of the duty of the notary public under the law to
determine whether the former's signature was
voluntarily affixed.
SEC. 7. NOTARIAL ACT
AND NOTARIZATION.

“Notarial Act” and


“Notarization” refer to any
act that a notary public is
empowered to perform
under these Rules.
SEC. 8. NOTARIAL
CERTIFICATE.

“Notarial Certificate” refers to the part of, or attachment to,


a notarized instrument or document that is completed by
the notary public, bears the notary's signature and seal, and
states the facts attested to by the notary public in a
particular notarization as provided for by these Rules.
SEC. 13. OFFICIAL SEAL
OR SEAL.

“Official seal” or “Seal”


refers to a device for
affixing a mark, image or
impression on all papers
officially signed by the
notary public conforming
the requisites prescribed
by these Rules.

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