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Inquiry:

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Mrs. A executed a Special Power of Attorney (SPA) authorizing her husband, Mr. B, to facilitate the transfer of ownership of their recently purchased real property. Although notarization is required for the SPA, Mrs. A did not appear before the notary public, resulting in the notary's refusal to notarize the document. Mrs. A contended that her personal appearance was unnecessary since she had already provided her ID to the notary. Is Mrs. A required to appear personally before a notary public?

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Answer:  

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Yes. The 2004 Notarial Rules require the physical or personal presence of the person/s who executed a document before the document can be notarized. As a matter of fact, the Rules expressly prohibit the notary public from notarizing the document if the signatory is not in the notary’s presence and is not personally known to the notary public through competent evidence of identity. 

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The personal appearance of the party to the document is necessary because this enables the notary public to verify the authenticity of his signature and to ensure that the document was executed freely and voluntarily. 

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Time and again, the Supreme Court has always emphasized that the act of notarization is imbued with public interest. In Romeo Almario v. Atty. Dominica Llera-Agno, A.C. No. 10689, 08 January 2018, the Supreme Court ruled that:

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Notaries public are absolutely prohibited or forbidden from notarizing a fictitious or spurious document. They are the law's vanguards and sentinels against illegal deeds. The confidence of the public in the integrity of notarial acts would be undermined and impaired if notaries public do not observe with utmost care the basic requirements in the performance of their duties spelled out in the notarial law.

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Therefore, Mrs. A’s personal appearance before the notary public is required because the notary public is bound by its legal duty to verify the due execution of the SPA, including the genuineness of her signature. It is not enough that she provided her ID to the notary public. 

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on notarization, consult with a legal professional.

‍Padin & Partners Law Offices is a full-service law firm based in Cebu City, Cebu Philippines, that offers legal services such as drafting and notarization of legal documents in  Cebu City, Cebu, Philippines. For consultations: book an appointment or reach us at +63 (32) 316-1540 or +63 917 188 0361.