Temporary provisions as to notaries public.
SEC. 79. Temporary provisions as to notaries public.—Until the enactment of a new system of registration of land titles, whereby notaries public shall no longer be the legal depositories of original instruments affecting titles to land, the notarial law of the Philippine Islands of February fifth, eighteen hundred and eighty-nine, its regulations of April eleventh, eighteen hundred and ninety, and the general instructions for drafting instruments subject to record in the Philippines, of October third, eighteen hundred and eighty-nine, as recognized under the proclamation issued by the major-general commanding the United States Army in the Philippines, dated August fourteenth, eighteen hundred and ninety-eight, and as modified by General Order Number Forty, issued from the office of til the United States Military Governor, on September twenty-third, eighteen hundred and ninety-nine, and by General Order Number Twenty, issued from the office of the United States Military Governor on February third, nineteen hundred, are continued in force, and persons authorized under said military orders and by appointments heretofore made by the Military Governor or the Commission to perform the duties of notaries public, will continue in the due performance thereof, in accordance with the laws, regulations, instructions, orders, and modifications above set forth, unless such official shall be removed by the Commission.
Ultimate deposit of all original notarial documents.
SEC. 80. Ultimate deposit of all original notarial documents.— Whenever a law shall have been duly enacted and become operative, establishing a new system of registration of land titles, as provided in the preceding section, it shall be the duty of every notary public within the Islands forthwith to deposit in the office of the keeper of the general archives of the Islands at Manila, whatever the final official title of that officer may be, all registers, files, original documents, protocols, and notarial instruments of every kind which are in his possession and custody, and it shall be the duty of such custodian of the general archives carefully to preserve all such registers, files, original documents, protocols, and notarial instruments of every kind, and when requested to do so by the persons interested, to issue a copy of any document so lodged with him, attesting the same under his official title, and with his seal of office.
Repeal of present notarial law.
SEC. 81. Repeal of present notarial law.—After the enactment of n a new system of registration of land titles, the notarial law of the Philippine Islands of February fifth, eighteen hundred and eighty-nine, its regulations of April eleventh, eighteen hundred and ninety, and the general instructions for drafting instruments subject to record in the Philippine Islands, of October third, eighteen hundred and eighty-nine, and the modifications thereof, by General Order Number Forty, issued from the office of the United States Military Governor, on September twenty-third, eighteen hundred and ninety-nine, and by General Order Number Twenty, issued from the office of the Military Governor on February third, nineteen hundred, shall be repealed and shall be of no effect after the date of such enactment, and thereafter appointments of notaries public and the performance of official duties by them shall be regulated by the subsequent provisions of this Act.
Appointment and removal of notaries public.
SEC. 82. Appointment and removal of notaries public.—Judges of the Courts of First Instance may appoint, in their respective provinces, as many notaries public as the public good requires, and shall appoint at least one notary public for every organized municipality within the province, to hold their offices for two years from the first day of January of the year in which they are appointed, whose jurisdiction shall extend throughout the province, but not elsewhere. Clerks of Courts of First Instance shall be, by virtue of their office, notaries public.
Notaries public may be removed from office for good cause, by the judge or judges of the province or his successor in office. In the city of Manila, the judges of the Supreme Court may appoint as many notaries public as the public good requires, and may remove them from office for good cause. Notaries so appointed shall hold their office for two years from the first day of January of the year in which they are appointed, and their jurisdiction shall extend throughout the city of Manila, but not elsewhere.
Commission.
SEC. 83. Commission.—The appointment of a notary public shall be in writing, signed by the judge, and shall be substantially in the following form:
"United States of America, Philippine Islands,
"Province of _____________________________________
"This is to certify that _________________________________________, of the municipality of.__________________________in said province, was, on the ______________________________day of ___________________________, A. D. 190____. appointed by me a notary public, within and for said province, for the term ending on the first day of January, A. D. 190____.
"______________________________
"Judge of the Court of
"First Instance for said Province."
Oath.
SEC. 84. Oath.—Every notary public, before entering upon his duties, shall take and subscribe the following oath or affirmation:
"I, _________________________________, solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties of the office of notary public within and for the province of ______________________________according to the best of my ability and understanding, agreeably to the laws of the Philippine Islands; and that I recognize and accept the supreme authority of the United States in these Islands, and will maintain true faith and allegiance thereto; and that I impose upon myself this obligation voluntarily, without mental reservation or purpose of evasion; so help me God. (The last four words to be stricken out in case of affirmation.)
"(Signature)_________________________
"Subscribed and sworn to (or affirmed) before me, this___________________________ day of ______________________190____"
The oath may be administered by the judge, or any justice of the peace, and shall, together with the commission, be recorded in the office of the clerk of the court of the province in which the notary is appointed.
Certificate of appointment to be forwarded to the secretary of the Chief Executive.
SEC. 85. Certificate of appointment to be forwarded to the secretary of the Chief Executive.—Clerks of Courts of First Instance shall make and forward to the secretary of the Chief Executive of the Islands a certificate of the appointment of notaries public made in their respective provinces, and with the terms of office, immediately after the commission and oath of office are recorded in said clerk's office, which certificate shall be recorded in the office of the secretary of the Chief Executive.
Seal.
SEC. 86. Seal.—Each notary public shall have a seal of office, which shall be affixed to papers officially signed by him. The seal shall be procured by the notary at his own expense, and shall have the name of the province and the words "Philippine Islands," and his own name on the margin thereof, and the words "Notary Public" across the center.
Register of official acts.
SEC. 87. Register of official acts.—Every notary public shall keep a register of all his official acts, and shall give a certified copy of his record, or any part thereof, to any person applying for it, and paying the legal fees therefor.
Powers of notary public.
SEC. 88. Powers of notary public.—Every notary public shall have power, within his province, to administer all oaths and affirmations provided for by law, in all matters incident to his notarial office, and in the execution of affidavits, depositions, and other documents requiring an oath, and to receive the proof or acknowledgment of all writings relating to commerce or navigation, such as bills of sale, bottomries, mortgages, and hypothecations of ships, vessels, or boats, charter parties of affreightments, letters of attorney, deeds, mortgages, transfers and assignments of land or buildings, or an interest therein, and such other writings as are commonly proved or acknowledged before notaries; to act as magistrates, in writing of affidavits or depositions, and to make declarations and testify the truth thereof, under his seal of office, concerning all matters done by him by virtue of his office.
Record of protest of bills or notes.
SEC. 89. Record of protest of bills or notes.—When a notary public shall protest any draft, bill of exchange, or promissory note, he shall make a full and true record in his register or book kept for that purpose, of all his proceedings in relation thereto, and shall note therein whether the demand for the sum of money therein mentioned was made, of whom, when, and where; whether he presented such draft, bill, or note; whether notices were given, to whom, and in what manner; where the same was made, and when, and to whom, and where directed; and of every other fact touching the same.
To affix date of expiration of commission.
SEC. 90. To affix date of expiration of commission.—Notaries public shall affix to all acknowledgments taken and certified by them, according to law, the date on which their commissions expire.
Unlawful certification.
SEC. 91. Unlawful certification.—Any notary public who shall willfully affix his signature and seal as notary public to an instrument after the expiration of his commission, shall be guilty of a misdemeanor, and punished by fine not exceeding five hundred dollars or imprisonment for a period not exceeding one year, or both, in the discretion of the court.
When to take effect.
SEC. 92. When to take effect.—This Act shall take effect on June sixteenth, nineteen hundred and one.
Enacted, June 11, 1901.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
