This case has been cited 2 times or more.
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2004-11-17 |
QUISUMBING, J. |
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| A notary public should not notarize a document unless the persons who signed the same are the very same persons who executed and personally appeared before him to attest to the contents and the truth of what are stated therein. These acts of the affiants cannot be delegated because what are stated therein are facts they have personal knowledge of and are personally sworn to. Otherwise, their representative's names should appear in the said documents as the ones who executed the same.[13] | |||||
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2004-05-27 |
TINGA, J, |
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| Thus, a member of the bar who performs an act as a notary public should not notarize a document unless the persons who signed the same are the very same persons who executed and personally appeared before him to attest to the contents and truth of what are stated therein. The acts of the affiants cannot be delegated to anyone for what are stated therein are facts of which they have personal knowledge. They should swear to the document personally and not through any representative. Otherwise, their representative's name should appear in the said documents as the one who executed the same. That is the only time the representative can affix his signature and personally appear before the notary public for notarization of the said document.[28] Simply put, the party or parties who executed the instrument must be the ones to personally appear before the Notary Public to acknowledge the document.[29] | |||||