Law Summary
1. Establishment of Ex Officio Notaries Public
Legal Principle/Provision: This section designates the clerks of the Supreme Court and the clerks and assistant clerks of the Court of First Instance in Manila as ex officio notaries public.
Key Definitions Introduced:
- "Ex officio notaries public": Individuals who hold a notary public position by virtue of their office.
Requirements/Procedures:
- These clerks are authorized to perform all functions of a notary public within Manila.
Important Details:
- • Clerks of the Supreme Court and the Court of First Instance in Manila are designated as notaries public.
- • They have the authority to perform notarial duties within the city of Manila.
2. Ex Officio Notaries Public Outside Manila
Legal Principle/Provision: This section extends the designation of ex officio notaries public to clerks of Courts of First Instance organized under Act Numbered One Hundred and Thirty-Six outside the city of Manila.
Key Definitions Introduced:
- "Court of First Instance": A lower court where initial hearings and trials occur.
Requirements/Procedures:
- Clerks are authorized to perform notarial duties within their respective provinces or territories.
Important Details:
- • Clerks outside Manila are also designated as notaries public.
- • They can perform notarial duties in their respective locations.
3. Official Seal and Notarial Acts
Legal Principle/Provision: This section specifies that the official seal of the clerk must be affixed to documents signed as a notary public.
Key Definitions Introduced:
- "Official seal": The seal used by the clerk to authenticate documents.
Requirements/Procedures:
- The seal is sufficient for notarial acts without needing a separate notary public seal.
Important Details:
- • Clerks must use their official seal when acting as notaries public.
- • No additional special seal is required for notarial acts.
4. Expedited Passage of the Act
Legal Principle/Provision: This section states that the Act's passage is expedited due to the public good.
Key Definitions Introduced: None.
Requirements/Procedures:
- The Act is enacted in accordance with previous procedural laws for legislative enactments.
Important Details:
- • The Act is passed with urgency for the public good.
- • It is aligned with legislative procedure outlined in a previous act from September 26, 1900.
5. Effectivity of the Act
Legal Principle/Provision: The Act takes effect immediately upon passage.
Key Definitions Introduced: None.
Requirements/Procedures:
- The Act becomes effective as soon as it is enacted.
Important Details:
- • The Act is effective from July 9, 1901, the date of enactment.
Key Takeaways
- The Act designates clerks of the Supreme Court and Courts of First Instance as ex officio notaries public, granting them notarial authority within their respective jurisdictions.
- It allows clerks to use their official seal for notarial acts without requiring an additional seal.
- The Act is enacted with urgency for public benefit and takes effect immediately upon passage.