Satisfying the notary that the person appearing is of full age and capacity to do whatever is intended.
There are two kinds of notarization that can be checked or inspected depending on the type of document, it may either be a jurat or an acknowledgment which are found in the notarial certificate:
Further, even if the law does not require the notarization of a document, an unnotarized document has its main consequence that it will not produce legal effects against third parties, meaning those who are not parties to the unnotarized document will not be obliged to comply with the same because it is only a private document and not a public document. In other words, only the parties to the document are bound by their agreement.
Notarial services trace back to ancient Egypt, where scribes documented transactions and created reliable records. These early notaries played an essential role in maintaining public trust. By the Roman Empire’s era, notaries had formalized their duties, focusing on drafting contracts and recording important public documents.
On the other hand, a document not notarized will require that each statement therein be proven in a trial including the amount of money stated therein through receipts, and the capacity or authority of the parties to enter into such document or agreement through testifying in court.
Notaries in civil law countries have had a critical historical role in providing archives. A considerable amount of historical data of tremendous value is available in France, Spain and Italy thanks to notarial minutes, contracts and conveyances, some of great antiquity which have survived in spite of losses, deterioration and willful destruction.
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It is of utmost importance that any person who makes a statement in a document should only state what is true and legal, if there is any false statement that is made by a person in a document that is notarized, he may be criminally charged for Perjury which is a felony penalized under the Revised Penal Code of the Philippines.
To "notarize" a document or event is not a term of art, and its definition varies from place to place; but it generally means the performance by a notary of a series of possible steps, which may include the following (not an exhaustive list):
The law requires that the parties or signatories appear personally before the notary public and they cannot substitute another to appear in their favor unless they are the party's authorized representative. They should also present a government-issued ID such as a copyright, copyright, or National ID. For example, in a contract of sale, the buyer and the seller must personally appear before the notary public to have the contract notarized and they should present a valid government-issued ID.
A notary, while a legal professional, is distinct from an advocate in that they do not represent Notary Public the person who engages their services, or act in contentious matters.
For instance, if the amount to be paid for the services under a service agreement is PHP400, the parties thereto can choose not to notarize the service agreement if the risk of either party reneging on the agreement is minimal.
By keeping meticulous transaction records, notaries provide an additional layer of security and serve as a reference in legal disputes.
The documents that need notarization must be prepared by checking that all the pages are complete and all the contents thereof are accurate, after which the valid IDs of the parties should be printed and signed with 3 wet signatures.