see - sc.judiciary.gov.ph/jurisprudence/2013/april2013/9514.pdf
"x x x.
Notary public; disqualification rule -
"Atty. Revilla, Jr.’s violation of the aforesaid disqualification rule is beyond dispute. Atty. Revilla, Jr. readily admitted that he notarized the complaint-affidavit signed by his relatives within the fourth civil degree of affinity. Section 3(c), Rule IV of the 2004 Rules on Notarial Practice clearly disqualifies him from notarizing the complaint-affidavit, from performing the notarial act, since two of the affiants or principals are his relatives within the fourth civil degree of affinity. Given the clear provision of the disqualification rule, it behooved upon Atty. Revilla, Jr. to act with prudence and refuse notarizing the document. We cannot agree with his proposition that we consider him to have acted more as counsel of the affiants, not as notary public, when he notarized the complaint-affidavit. The notarial certificate at the bottom of the complaint-affidavit shows his signature as a notary public, with a notarial commission valid until December 31, 2012. He cannot therefore claim that he signed it as counsel of the three affiants.
On the second charge, we agree with Atty. Revilla, Jr. that he cannot be held liable. If the notary public knows the affiants personally, he need not require them to show their valid identification cards. This rule is supported by the definition of a “jurat” under Section 6, Rule II of the 2004 Rules on Notarial Practice. A “jurat” refers to an act in which an individual on a single occasion: (a) appears in person before the notary public and presents an instrument or document; (b) is personally known to the notary public or identified by the notary public through competent evidence of identity; (c) signs the instrument or document in the presence of the notary; and (d) takes an oath or affirmation before the notary public as to such instrument or document. In this case, Heneraline Brosas is a sister of Atty. Revilla, Jr.’s wife; Herizalyn Brosas Pedrosa is his wife’s sister-in-law; and Elmer Alvarado is the live-in houseboy of the Brosas family. Atty. Revilla, Jr. knows the three affiants personally. Thus, he was justified in no longer requiring them to show valid identification cards. But Atty. Revilla, Jr. is not without fault for failing to indicate such fact in the “jurat” of the complaint-affidavit. No statement was included therein that he knows the three affiants personally.
Let it be impressed that Atty. Revilla, Jr. was clearly disqualified to notarize the complaint-affidavit of his relatives within the fourth civil degree of affinity. While he has a valid defense as to the second charge, it does not exempt him from liability for violating the disqualification rule.
x x x."
