A Certificate of Authority for a Notarial Act (CANA) is an additional requirement if you want to get the Apostille certification of your notarized documents. The CANA is issued by the court which has jurisdiction over the notary public who notarized your documents.
Section 1, Rule IX of the 2004 Rules on Notarial Practice provides that a CANA is a certificate of authority which shows the “authenticity of the official seal and signature of a notary public.” The CANA is issued by the Executive Judge of the court upon request, in the following form:
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public), the person named in the seal and signature on the attached document, is a Notary Public in and for the (City/Municipality/Province) of the Republic of the Philippines and authorized to act as such at the time of the document’s notarization.
IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) day of (month) (year).
_________________
(official signature)
(seal of Executive Judge)
In applying for a CANA, you need to present the following: (1) the Notarial Certification of the notary public who notarized your documents; and (2) proof of appointment with the notary public. Best to inquire in the court which has jurisdiction over your notary public for the requirements and necessary procedures.
Instances where a Certificate of Authority for a Notarial Act (CANA) is necessary
A Certificate of Authority for a Notarial Act (CANA) is a crucial document in the notarization process in the Philippines. Understanding the instances where a CANA is necessary is essential for both notaries public and individuals seeking notarial services.
1. Real Estate Transactions:
When executing deeds of sale, contracts, or other documents related to real estate properties, a CANA is required to validate the notarization process. This ensures the legality and authenticity of the documents involved in real estate transactions.
2. Affidavits and Sworn Statements:
Affidavits and sworn statements are legal documents that require notarization for their validity. Whether it’s a sworn statement for a court case, a sworn affidavit for a legal matter, or a sworn declaration for administrative purposes, a CANA is necessary to authenticate the notarial act.
3. Legal Agreements and Contracts:
Any legal agreement or contract that needs to be notarized, such as loan agreements, lease contracts, or partnership agreements, should be accompanied by a CANA. This adds an extra layer of assurance regarding the authenticity and legality of the documents involved.
4. Powers of Attorney:
Powers of attorney grant someone the authority to act on behalf of another person in legal matters. Notarizing a power of attorney document requires a CANA to ensure its validity and enforceability in various legal transactions.
5. Government Forms and Applications:
Certain government forms and applications, such as those related to citizenship, immigration, or licensing, may require notarization with a CANA. This is often necessary to authenticate the identity of the signatory and the contents of the document.
Below are some of the documents which needs a CANA for its Apostille certification:
Certificate of Employment/Trainings/Seminars/Baptismal Certificates and other documents issued by a private entity
- Notarized Affidavit stating necessary factual circumstances and indicating certificate/s as attachment/s
- Certificate of Authority for a Notarial Act (CANA) signed by the Executive Judge/ViceExecutive Judge/any office authorized signatories
Special Power of Attorney/Memorandum of Agreement Memorandum of Understanding/any other form of Contract, Affidavit of Consent/Advice, Joint Affidavit, etc
- Certificate of Authority for a Notarial Act (CANA) signed by the Executive Judge/ViceExecutive Judge/any office authorized signatories (issued by the Regional Trial Court)
However, do expect some setbacks if you plan to process the CANA on your own. For example, if you do not have proof of the Notarial Certification or an appointment of the Notary Public that notarized your document, it will be difficult for you to get your CANA.
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