d. Jurisdiction and Place of Notarization

Jurisdiction and Place of Notarization

Concept

A notarial commission does not authorize its holder to notarize anywhere in the Philippines. The notary must act within the territorial jurisdiction stated in the commission and, as a rule, at the notary’s regular place of work or business. Territorial jurisdiction and the permitted place of notarization are separate requirements. (A.M. No. 02-8-13-SC, Rules III and IV)

Governing provisions

The 2004 Rules on Notarial Practice govern the notary’s commission, authority to perform notarial acts, and restrictions on where those acts may be performed. These rules apply to traditional notarization; electronic notarization is addressed separately. (A.M. No. 02-8-13-SC, Rules III and IV) (A.M. No. 24-10-14-SC)

Requisites / Rules

• Territorial limit. Perform a notarial act only within the territorial jurisdiction of the commissioning court as specified in the commission. A client’s residence, the location of the property involved, or the place where a document will be used does not extend that authority. (A.M. No. 02-8-13-SC, Rules III and IV)
• Usual venue. Even within that territory, the notary generally performs notarial acts at the regular place of work or business. Being inside the commissioned area does not, by itself, make every venue permissible. (A.M. No. 02-8-13-SC, Rule IV)
• Permitted outside venues. The Rules allow notarization outside the regular place of work or business in specified settings, including public offices or convention halls for the administration of oaths of office; public function areas in hotels or similar places for signing documents requiring notarization; medical institutions where a party is confined for treatment; and a place where a party to the document is detained. The venue must still be within the notary’s territorial jurisdiction. (A.M. No. 02-8-13-SC, Rule IV)
• Other safeguards remain. A permissible venue does not dispense with the applicable requirements for personal appearance, identification, and performance of the particular notarial act. (A.M. No. 02-8-13-SC, Rules IV and VI)

Distinctions

Jurisdiction versus venue: Jurisdiction is the geographical reach of the commission; venue concerns where, within that reach, the notary may perform the act. An exception allowing notarization away from the office does not authorize notarization outside the commissioned territory. (A.M. No. 02-8-13-SC, Rules III and IV)

Key doctrines

Notarial violations can give rise to professional discipline as well as consequences for the notary’s commission. Disciplinary proceedings against a lawyer are independent of any related criminal or civil action. (Fonacier v. Maunahan., A.C. No. 13557, 4 October 2023)¹

Bar tip

For an off-site notarization problem, ask two questions in order: Was the notary inside the territory stated in the commission? If so, was the location the regular workplace or a venue allowed by the Rules? (A.M. No. 02-8-13-SC, Rules III and IV)