c. Notarial Register

Notarial Register

Concept

The notarial register is the notary public’s official, chronological record of notarial acts. It makes each act traceable to the document, the person who appeared, and the circumstances of notarization. Keeping the register is a continuing duty, not an optional recordkeeping practice. (A.M. No. 02-8-13-SC, Rule VI)

Governing provisions

Rule VI of the 2004 Rules on Notarial Practice governs the form, entries, safekeeping, inspection, and submission of the notarial register. The Code of Professional Responsibility and Accountability (CPRA) separately addresses disciplinary liability for violations of the notarial rules. (A.M. No. 02-8-13-SC, Rule VI) (Art. 33, CPRA)¹

Requisites / Rules

• Keep one active notarial register at a time. It must be a permanently bound book with numbered pages, maintained as a chronological official record and protected while in the notary’s custody. (A.M. No. 02-8-13-SC, Rule VI)
• Record each notarial act in the register, including its entry and page numbers, date and time, type of act, title or description of the instrument, the principal’s name and address, the basis for identifying the principal, and the fee charged. The register must also reflect other circumstances required by the Rules. (A.M. No. 02-8-13-SC, Rule VI)
• Obtain the signatures and thumbmarks required by the Rules in connection with the register entry. A completed notarial certificate does not dispense with making the corresponding register entry. (A.M. No. 02-8-13-SC, Rule VI)
• Allow lawful inspection of the register and comply with the Rules’ requirements for submitting copies of entries and acknowledged instruments to the proper clerk of court. (A.M. No. 02-8-13-SC, Rule VI)

Distinctions

The notarial certificate appears on or is attached to the notarized instrument; the register is the notary’s separate official record of the act. They serve related but distinct purposes, and preparing one does not replace the other. Traditional-register duties should also be distinguished from the document-record requirements under the separate Rules on Electronic Notarization. (A.M. No. 02-8-13-SC, Rule VI) (A.M. No. 24-10-14-SC, Sec. 6)

Key doctrines

A lawyer’s violation of the notarial rules may also give rise to professional discipline. Under the CPRA, a violation of the notarial rules other than reportorial requirements is classified as a serious offense when attended by bad faith. The applicable sanction depends on the offense proved and the governing disciplinary rules; do not assume that every defective entry carries the same penalty. (Fonacier v. Maunahan., A.C. No. 13557, 4 October 2023)² (Art. 33, CPRA)¹ (Art. 37, CPRA)³

Bar tip

In a problem involving a missing or incomplete register entry, analyze the recordkeeping breach separately from defects in personal appearance, identity verification, or the notarial certificate. Identify the particular omission before discussing discipline. (A.M. No. 02-8-13-SC, Rule VI) (Fonacier v. Maunahan.)²