Question & AnswerQ&A (Act No. 876)
Act No. 876 amends Section 28 of Act No. 83 concerning the certification of instruments acknowledged before notaries public, requiring the entry of cedula certificate details of parties involved, and imposes penalties on notaries public who fail to comply.
The cedula can be used for identification, is admissible in evidence, and must be presented when a person appears in court, transacts with public offices, pays taxes or receives public money, acknowledges documents before a notary public, assumes public office, or receives licenses, certificates, or permits from authorities.
Notaries public must enter the number, place of issue, and date of the cedula certificate of each party to the instrument.
A penalty of one hundred Philippine pesos payable to the provincial treasurer for each omission, and possible revocation of the notary's commission if the penalty is not paid after proper notice.
It is the duty of every public official to notify the Attorney-General of such omission, including details about the instrument and the notary involved.
The Attorney-General will notify the offending notary to pay the penalty of one hundred pesos or face revocation of their commission. Failure to pay and notify will lead the Attorney-General to inform the Executive Secretary for revocation proceedings.
No, the validity of any deed, contract, or document is not affected by failure to insert a reference to the parties' cedula certificates.
No, a person liable to pay the cedula tax who has not paid it shall not be allowed to register as an elector or voter.
The provisions apply to instruments acknowledged after the passage of this Act, while the existing provision continues to govern instruments executed before its passage.
The public official must report the omission to the Attorney-General with detailed information on the instrument, its date, purpose, probable custodian, and the name of the notary.