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[ Act No. 3068, March 16, 1923 ]
AN ACT TO AMEND SECTIONS TWO HUNDRED AND FORTY-SIX AND TWO HUNDRED AND FORTY-NINE OF ACT NUMBERED TWENTY-SEVEN HUNDRED AND ELEVEN, AND FIXING THE COMPENSATION OF NOTARIES PUBLIC
Be it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same:
SECTION 1. Section two hundred and forty-six of Act Numbered Twenty-seven hundred and eleven, known as the Administrative Code, is hereby amended by adding at the end thereof, a paragraph to read as follows:
SEC. 2. Section two hundred and forty-nine of the same Act is hereby amended to read as follows:
SEC. 3. Compensation of notaries.—No notary public shall -charge or receive for any service rendered by him any fee, remuneration, or compensation except as expressly prescribed in the following schedule:
For protests of drafts, bills of exchange, or promissory notes for non-acceptance or non-payment, and for notice thereof, three pesos;
For the registration of such protest and filing or safekeeping of same, one peso and fifty centavos;
For authenticating powers of attorney, one peso and fifty centavos;
For sworn statement concerning correctness of any account or other document, one peso;
For each oath or affirmation, eighty centavos;
For receiving evidence of indebtedness to be sent outside, one peso and fifty centavos;
For issuing a certified copy from his register and attesting its correctness, two pesos;
For issuing a certified copy of all or part of his notarial records or receive depositions, for each one hundred words, thirty centavos;
For acknowledging other documents not enumerated in this section, one peso and fifty centavos: Provided, however, That the total amount which a notary may charge for the acknowledgment of a document shall in no case exceed five pesos and fifty centavos.
SEC. 4. This Act shall take effect four months after its approval.
Approved, March 16, 1923.
SECTION 1. Section two hundred and forty-six of Act Numbered Twenty-seven hundred and eleven, known as the Administrative Code, is hereby amended by adding at the end thereof, a paragraph to read as follows:
"A copy of each month's entries as described in this, section shall within the first ten days of the month next following be forwarded to the clerk of the Court of First Instance of the province and shall be filed by him and remain in his safekeeping: Provided, That if there is no entry to certify for the month, the notary shall forward a statement to this effect in lieu of the certified herein required."
SEC. 2. Section two hundred and forty-nine of the same Act is hereby amended to read as follows:
"Sec. 249. Grounds for revocation of commission.—The following derelictions of duty on the part of a notary public shall, in the discretion of the proper judge of first instance, be sufficient ground for the revocation of his commission:
"(a) The failure of the notary to keep a notarial register.
"(b) The failure of the notary to make the proper entry or entries in his notarial register touching his notarial acts in the manner required by law.
"(c) The failure of the notary to send the copy of the entries to the proper clerk of Court of First Instance within the first ten days of the month next following.
"(d) The failure of the notary to affix to acknowledgments the date of expiration of his commission, as required by law.
"(e) The failure of the notary to forward his notarial register, when filled, to the proper clerk of court.
"(f ) The failure of the notary to make the proper notation regarding cedula certificates.
"(g) The failure of a notary to make report, within a reasonable time, to the proper judge of first instance concerning the performance of his duties, as may be required by such judge.
"(h) Any other dereliction or act which shall appear to the judge to constitute good cause for removal."
SEC. 3. Compensation of notaries.—No notary public shall -charge or receive for any service rendered by him any fee, remuneration, or compensation except as expressly prescribed in the following schedule:
For protests of drafts, bills of exchange, or promissory notes for non-acceptance or non-payment, and for notice thereof, three pesos;
For the registration of such protest and filing or safekeeping of same, one peso and fifty centavos;
For authenticating powers of attorney, one peso and fifty centavos;
For sworn statement concerning correctness of any account or other document, one peso;
For each oath or affirmation, eighty centavos;
For receiving evidence of indebtedness to be sent outside, one peso and fifty centavos;
For issuing a certified copy from his register and attesting its correctness, two pesos;
For issuing a certified copy of all or part of his notarial records or receive depositions, for each one hundred words, thirty centavos;
For acknowledging other documents not enumerated in this section, one peso and fifty centavos: Provided, however, That the total amount which a notary may charge for the acknowledgment of a document shall in no case exceed five pesos and fifty centavos.
SEC. 4. This Act shall take effect four months after its approval.
Approved, March 16, 1923.