Executive Order No. 41




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 41, May 11, 1945 ] AMENDING CERTAIN SECTIONS OF THE ADMINISTRATIVE CODE CONCERNING APPOINTMENT OF AND SUPERVISION OVER NOTARIES PUBLIC IN THE CITY OF MANILA WHEREAS, in the course of transactions effected in the City of Manila, tending to the relief, rehabilitation, and reconstruction of the Philippines, cases constantly arise where notarial authentication is required indispensable; WHEREAS the power to appoint notaries public in the City of Manila resides in the Supreme Court as provided in section 232 of the Administrative Code; WHEREAS it has not been possible to reestablish the Supreme Court to date; WHEREAS the increasing number of said cases requiring notarial authentication in the City of Manila makes it imperative to lodge the power to appoint notaries public in one of the judges of the Court of First Instance of Manila; NOW, THEREFORE, by virtue of the powers vested in me by the Constitution and the laws of the Commonwealth of the Philippines, particularly Commonwealth Act No. 671, I, SERGIO OSMEÑA, President of the Philippines, do hereby order that sections 232, 236, and 248 of the Administrative Code be amended, as they are hereby amended, so as to read as follows: "SEC. 232. Appointment of notaries public. - Judges of Court of First Instance in the respective provinces may appoint as many notaries public as the public good requires, and there shall be at least one for every municipality in each province. Notaries public in the City of Manila shall be appointed by one of the judges of the Court of First Instance of Manila to be chosen by the judges of the branches of said court." "SEC. 236. Where oath of office to be preserved. - The oath of office of a notary public in a province shall be filed and preserved, together with the commission, in the office of the clerk of the Court of First Instance of the province. The oath of office of a notary public in the City of Manila shall be filed and preserved, with the commission, in the office of the clerk of the Court of First Instance thereof." "SEC. 248. Supervision of judges of first instance over notaries public. - The judge of the Court of First Instance in each judicial district shall at all times exercise supervision over the notaries public within his district and shall keep himself informed of the manner in which they perform their duties by personal inspection wherever possible, or from reports which he may require from them, or from any other available source. "In the City of Manila such supervision shall be exercised by one of the judges of the Court of First Instance of Manila to be thereunto assigned by the judges of the branches of said court." Done at the City of Washington, D.C., U.S.A. (for the City of Manila, Philippines), this 11th day of May, in the year of Our Lord, nineteen hundred and forty-five, and of the Commonwealth of the Philippines, the tenth.1âшphi1 (Sgd.) SERGIO OSMEÑA President of the Philippines By the President: (Sgd.) JOSE S. REYES Secretary to the President The Lawphil Project - Arellano Law Foundation