Weekly and monthly register certification
- Section 87 requires the notary public, at the end of each week, to certify in the register the number of instruments executed, sworn to, or acknowledged before the notary.
- Section 87 requires the weekly certification to show that fact if none have been executed, sworn to, or acknowledged during the week.
- Section 87 requires the register to be kept in books furnished by the Attorney-General to any notary public upon request and upon payment of the actual cost.
- Section 87 requires the register books to be duly paged, and requires the Attorney-General to certify on the first page the number of pages the book consists of.
- Section 87 requires the notary public, at the end of every month, to send to the clerk of the court of the province where the notary exercises office a copy of the entries made during the month, if any.
- Section 87 requires the blank forms for such monthly copies to be furnished by the Attorney-General upon request and payment of the actual cost.
Manila treated as a province
- Section 87 provides that, for purposes of the weekly/monthly register rules, the city of Manila shall be considered a province.
Penalty for failing to follow register rules
- Section 87 states that failure to comply with the provisions of the section without just cause is ground for removal of the notary public.
- Section 87 provides that the notary public is additionally punished by a fine of not more than five hundred pesos.
Judicial supervision of notaries
- Section 92 requires the judge of the Court of First Instance in each district, and in the city of Manila the senior judge, to exercise supervision over notaries public within the judge’s district.
- Section 92 requires the supervising judge to keep informed of how notaries perform their duties.
- Section 92 requires the supervising judge to do so through personal inspection wherever possible or through reports required from the notaries.
- Section 92 authorizes the supervising judge to obtain information from any other available source.
Disposition of registers after commission ends
- Section 93 requires a notary public to forward the notarial register to the clerk of the Court of First Instance of the province where the notary exercises office within fifteen days after the expiration of the notary’s commission.
- Section 93 requires the clerk to examine the register and report on it to the judge of the Court of First Instance.
- Section 93 requires the judge, if satisfied that no irregularity has been committed in keeping the register, to forward the register to the chief of the division of archives, patents, copyrights, and trade-marks of the Executive Bureau.
- Section 93 requires the judge, if irregularities have been committed, to refer the matter to the fiscal of the province and, in the city of Manila, to the prosecuting attorney for action.
- Section 93 provides that sending the register to the chief of the division of archives, patents, copyrights, and trade-marks of the Executive Bureau is deferred until termination of the case against the notary public.
Increased notarial fees under the Code of Civil Procedure
- Section 3 amends the second paragraph of Section 791 of Act No. 190 (the Code of Civil Procedure) by revising the fees for enumerated notarial/protesting and record-related services.
- Section 791 sets the fee for protesting bills or notes for nonacceptance or nonpayment and giving notice at one peso and fifty centavos.
- Section 791 sets the fee for registering such protest and making record at fifty centavos.
- Section 791 sets the fee for attesting letters of attorney with seal at fifty centavos.
- Section 791 sets the fee for notarial affidavit to an account or other writing, with seal at fifty centavos.
- Section 791 sets the fee for each oath or affirmation with seal at forty centavos.
- Section 791 sets the fee for taking proof of debts to be sent abroad at fifty centavos.
- Section 791 sets the fee for a certified copy of record and affidavit of its correctness at one peso.
- Section 791 sets the fee for writing depositions and affidavits at ten centavos for each one hundred words.
- Section 791 sets the fee for taking proof or acknowledgment of any writing concerning real or personal estate and certificate thereof, at for each party, one peso.
Enactment date and legislative effect
- Act No. 2035 is enacted on February 3, 1911.
- Section 1 amends Section 87 of Act No. 136.
- Section 2 renumbers Section 92 as Section 94 and inserts Sections 92 and 93 in Act No. 136.
- Section 3 amends Section 791 (second paragraph) of Act No. 190.