WHY PERSONAL APPEARANCE PROTECTS CLIENTS

In the Philippines, notarization is not merely a ceremonial act; it converts a private document into a public one, giving it probative value and presumptive authenticity. However, a growing trend of remote or “padala” notarization—where the signatory is not physically present before the notary public—poses serious legal risks and ethical violations.

Legal Basis:

Under the 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, the notary public must require the signatory’s personal appearance unless allowed under the Electronic Notarization Rule. This requirement is non-negotiable. Any notarization conducted without this violates the Rules and opens civil, criminal, and administrative liability.

Supreme Court Jurisprudence:

In IVQ LANDHOLDINGS, INC, v. REUBEN BARBOSA, G.R. No. 193156 (2017), the Supreme Court held that "Not having been properly and validly notarized, the deed of sale cannot be considered a public document." In litany of cases, the Court emphasized that notarization is not a routinary, clerical act—it is a safeguard against fraud.

Implications for the Public:

If a document is notarized without your physical appearance, it may be declared void or inadmissible in court. Worse, it could be used for fraudulent transactions without your full knowledge or consent. A notarized document that does not comply with legal requirements can be weaponized.

Conclusion:

In notarization, convenience should never override compliance. A few minutes of showing up can spare you years of litigation. Notarize with caution. Appear in person.