The first thing that comes into my mind when someone says notario publico is a lawyer stationed on the pavements near city halls plying his services like an ordinary hawker of some cheap wares.
I used to think that.
The perception changed when I started studying the law. The change of perception became even drastic when I applied for my notarial commission.
For one, it is harder now to get a commission to become a notary public. The requirements are numerous. The Executive Judge in our city is very strict in ensuring that the requirements are met and rightfully so.
It is not unusual to see lawyers temporarily denied of their commissions due to non compliance with the requirements or numerous violations of the Notarial Law based on their notarial register.
Second, a concientious notary public will painstakingly explain to the client what exactly is the content of the documents he is signing and what are its implications.
I have encountered testimonies that are demolished on cross examination due to the lack of appreciation of the witness of the contents of his affidavit.
Or documents that surrender the rights of one of the signatories without compensation and are clearly skewed in favor of the other party in the event of litigation.
Third, a compliant and strict notary public will save you a lot of money by sparing you the hassle and expenses of future litigations.
Clients are supposed to be appraised of these key concepts in order to spare themselves the hassle of bungled cases and unmeritorious complaints.
E.g.
Complaints with annexed affidavits notarized by a supposed notary public with expired commissions are often dismissed for lack of supporting documents since those affidavits are deemed mere scraps of paper.
Extra judicial partition when not published and registered with the Register of Deeds are not valid and binding. This must be explained to clients who think they are saving on cost when they do not publish their settlement.
The governing law remains the law on general partnership on notarized Limited Partnership agreements unless the limited partnership is registered with the Securities and Exchange Commission.
The sale of real property must always be with the consent of the other spouse.
Matters that are often taken for granted by laymen have impact on their rights. This is the reason why a notary public performs a very important office.
So the next time you think you are getting a bargain because your only paid fifty pesos for your affidavit ask yourself these:
Totoong abogado ba ang nagnotaryo nito?
Di kaya pang anim na ako sa docket na to?
May silbi ba ang papeles ko na to?
Libre na pa-notaryo ko sa imo?
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