A.M. No.

12-8-8-SC
JUDICIAL AFFIDAVIT RULE

(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals,
and the Shari'a Appellate Courts;

Whereas, case congestion and delays plague most courts in cities, given the huge volume
of cases filed each year and the slow and cumbersome adversarial syste1n that the
judiciary has in place;

(4) The investigating officers and bodies authorized by the Supreme

Court to receive evidence, including the Integrated Bar of the Philippine
(IBP); and

Whereas, about 40% of criminal cases are dismissed annually owing to the fact that
complainants simply give up con1ing to court after repeated postponements;

(5) The special courts and quasi-judicial bodies, whose rules of

procedure are subject to disapproval of the Supreme Court, insofar as
1
their existing rules of procedure contravene the provisions of this Rule.

Whereas, few foreign businessmen make long-term investments in the Philippines because
its courts are unable to provide ample and speedy protection to their investments, keeping
its people poor;
Whereas, in order to reduce the time needed for completing the testimonies of witnesses
in cases under litigation, on February 21, 2012 the Supreme Court approved for piloting by
trial courts in Quezon City the compulsory use of judicial affidavits in place of the direct
testimonies of witnesses;
Whereas, it is reported that such piloting has quickly resulted in reducing by about twothirds the time used for presenting the testimonies of witnesses, thus speeding up the
hearing and adjudication of cases;
Whereas, the Supreme Court Committee on the Revision of the Rules of Court, headed by
Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on the Revision of the
Rules on Civil Procedure, headed by Associate Justice Roberto A. Abad, have recommended
for adoption a Judicial Affidavit Rule that will replicate nationwide the success of the
Quezon City experience in the use of judicial affidavits; and
Whereas, the Supreme Court En Banc finds merit in the recommendation;
NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the
following:
Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidents
requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities,
the Municipal Trial Courts, the Municipal Circuit Trial Courts, and the
Shari' a Circuit Courts but shall not apply to small claims cases under
A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District Courts;

(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or
investigating officers shall be uniformly referred to here as the "court."
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. - (a)
The parties shall file with the court and serve on the adverse party, personally or by
licensed courier service, not later than five days before pre-trial or preliminary conference
or the scheduled hearing with respect to motions and incidents, the following:
(1) The judicial affidavits of their witnesses, which shall take the place
of such witnesses' direct testimonies; and
(2) The parties' docun1entary or object evidence, if any, which shall be
attached to the judicial affidavits and marked as Exhibits A, B, C, and so
on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3,
and so on in the case of the respondent or the defendant.
(b) Should a party or a witness desire to keep the original document or object
evidence in his possession, he may, after the same has been identified, marked as
exhibit, and authenticated, warrant in his judicial affidavit that the copy or
reproduction attached to such affidavit is a faithful copy or reproduction of that
original. In addition, the party or witness shall bring the original document or
object evidence for comparison during the preliminary conference with the
attached copy, reproduction, or pictures, failing which the latter shall not be
admitted.
This is without prejudice to the introduction of secondary evidence in place of the original
when allowed by existing rules.
Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be prepared in the
language known to the witness and, if not in English or Filipino, accompanied by a
translation in English or Filipino, and shall contain the following:
(a) The name, age, residence or business address, and occupation of the witness;

(b) The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is being held;

taking his deposition except that the taking of a judicial affidavit shal1 be understood to
be ex parte.

(c) A statement that the witness is answering the questions asked of him, fully
conscious that he does so under oath, and that he may face criminal liability for
false testimony or perjury;

Section 6. Offer of and objections to testimony in judicial affidavit. - The party presenting
the judicial affidavit of his witness in place of direct testimony shall state the purpose of
such testimony at the start of the presentation of the witness. The adverse party may move
to disqualify the witness or to strike out his affidavit or any of the answers found in it on
ground of inadmissibility. The court shall promptly rule on the motion and, if granted, shall
cause the marking of any excluded answer by placing it in brackets under the initials of an
authorized court personnel, without prejudice to a tender of excluded evidence under
Section 40 of Rule 132 of the Rules of Court.

(d) Questions asked of the witness and his corresponding answers, consecutively
numbered, that:
(1) Show the circumstances under which the witness acquired the facts
upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues that the
case presents; and
(3) Identify the attached documentary and object evidence and
establish their authenticity in accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath or an
officer who is authorized by law to administer the same.
Section 4. Sworn attestation of the lawyer. - (a) The judicial affidavit shall contain a sworn
attestation at the end, executed by the lawyer who conducted or supervised the
examination of the witness, to the effect that:
(1) He faithfully recorded or caused to be recorded the questions he
asked and the corresponding answers that the witness gave; and
(2) Neither he nor any other person then present or assisting him
coached the witness regarding the latter's answers.
(b) A false attestation shall subject the lawyer mentioned to disciplinary action,
including disbarment.
Section 5. Subpoena. - If the government employee or official, or the requested witness,
who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines
to execute a judicial affidavit or refuses without just cause to make the relevant books,
documents, or other things under his control available for copying, authentication, and
eventual production in court, the requesting party may avail himself of the issuance of a
subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court. The rules
governing the issuance of a subpoena to the witness in this case shall be the same as when

Section 7. Examination of the witness on his judicial affidavit. - The adverse party shall have
the right to cross-examine the witness on his judicial affidavit and on the exhibits attached
to the same. The party who presents the witness may also examine him as on re-direct. In
every case, the court shall take active part in examining the witness to determine his
credibility as well as the truth of his testimony and to elicit the answers that it needs for
resolving the issues.
Section 8. Oral offer of and objections to exhibits. - (a) Upon the termination of the
testimony of his last witness, a party shall immediately make an oral offer of evidence of
his documentary or object exhibits, piece by piece, in their chronological order, stating the
purpose or purposes for which he offers the particular exhibit.
(b) After each piece of exhibit is offered, the adverse party shall state the legal
ground for his objection, if any, to its admission, and the court shall immediately
make its ruling respecting that exhibit.
(c) Since the documentary or object exhibits form part of the judicial affidavits
that describe and authenticate them, it is sufficient that such exhibits are simply
cited by their markings during the offers, the objections, and the rulings,
dispensing with the description of each exhibit.
Section 9. Application of rule to criminal actions. - (a) This rule shall apply to all criminal
actions:
(1) Where the maximum of the imposable penalty does not exceed six
years;
(2) Where the accused agrees to the use of judicial affidavits,
irrespective of the penalty involved; or
(3) With respect to the civil aspect of the actions, whatever the
penalties involved are.

(b) The prosecution shall submit the judicial affidavits of its witnesses not later
than five days before the pre-trial, serving copies if the same upon the accused.
The complainant or public prosecutor shall attach to the affidavits such
documentary or object evidence as he may have, marking them as Exhibits A, B,
C, and so on. No further judicial affidavit, documentary, or object evidence shall
be admitted at the trial.
(c) If the accused desires to be heard on his defense after receipt of the judicial
affidavits of the prosecution, he shall have the option to submit his judicial
affidavit as well as those of his witnesses to the court within ten days from
receipt of such affidavits and serve a copy of each on the public and private
prosecutor, including his documentary and object evidence previously marked as
Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct testimonies of the
accused and his witnesses when they appear before the court to testify.
Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A party who fails
to submit the required judicial affidavits and exhibits on time shall be deemed to have
waived their submission. The court may, however, allow only once the late submission of
the same provided, the delay is for a valid reason, would not unduly prejudice the opposing
party, and the defaulting party pays a fine of not less than P 1,000.00 nor more
than P5,000.00 at the discretion of the court.

Manila, September 4, 2012.

MARIA LOURDES P. A. SERENO
Chief Justice
ANTONIO T. CARPIO
Associate Justice

PRESBITERO J. VELASCO, JR.

Associate Justice

TERESITA J. LEONARDO-DE CASTRO

Associate Justice

ARTURO D. BRION
Associate Justice

DISODADO M. PERLATA
Associate Justice

LUCAS P. BERSAMIN
Associate Justice

MARIANO C. DEL CASTILLO

Associate Justice

ROBERTO A. ABAD
Associate Justice

MARTIN S. VILLARAMA, JR.

Associate Justice

JOSE P. PEREZ
Associate Justice

JOSE C. MENDOZA
Associate Justice

BIENVENIDO L. REYES
Associate Justice

(b) The court shall not consider the affidavit of any witness who fails to appear at
the scheduled hearing of the case as required. Counsel who fails to appear
without valid cause despite notice shall be deemed to have waived his client's
right to confront by cross-examination the witnesses there present.
(c) The court shall not admit as evidence judicial affidavits that do not conform to
the content requirements of Section 3 and the attestation requirement of Section
4 above. The court may, however, allow only once the subsequent submission of
the compliant replacement affidavits before the hearing or trial provided the
delay is for a valid reason and would not unduly prejudice the opposing party and
provided further, that public or private counsel responsible for their preparation
and submission pays a fine of not less than P1,000.00 nor more than P 5,000.00,
at the discretion of the court.
Section 11. Repeal or modification of inconsistent rules. - The provisions of the Rules of
Court and the rules of procedure governing investigating officers and bodies authorized by
the Supreme Court to receive evidence are repealed or modified insofar as these are
inconsistent with the provisions of this Rule.1wphi1
The rules of procedure governing quasi-judicial bodies inconsistent herewith are hereby
disapproved.
Section 12. Effectivity. - This rule shall take effect on January 1, 2013 following its
publication in two newspapers of general circulation not later than September 15, 2012. It
shall also apply to existing cases.

ESTELA M. PERLAS-BERNABE
Associate Justice

Footnotes
1

By virtue of the Supreme Court's authority under Section 5 (5), Article VIII, of
the 1987 Constitution to disapprove rules of procedure of special courts and
quasi-judicial bodies.

A.M. No. 02-8-13-SC

February 19, 2008

RE: 2004 RULES ON NOTARIAL PRACTICE The Court Resolved, upon the recommendation of the Sub Committee on the Revision of
the Rules Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules on
Notarial Practice, to wit:

Very truly yours.

MA. LUISA D. VILLARAMA (sgd)
A.M. No. 02-8-13-SC
2004 Rules on Notarial Practice

Sirs/Mesdames:
RESOLUTION
Quoted hereunder, for your information, is a resolution of the Court En Banc
dated February 19, 2008.
"A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. The Court Resolved,
upon the recommendation of the Sub Committee on the Revision of the Rules
Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules on
Notarial Practice, to wit:
Rule II
DEFINITIONS

Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial
Practice of 2004 submitted by the Sub-Committee for the Study, Drafting and Formulation
of the Rules Governing the Appointment of Notaries Public and the Performance and
Exercise of Their Official Functions, of the Committees on Revision of the Rules of Court
and on Legal Education and Bar Matters, the Court Resolved to APPROVE the proposed
Rules on Notarial Practice of 2004, with modifications, thus:chanroblesvirtuallawlibrary
2004 RULES ON NOTARIAL PRACTICE
RULE I
IMPLEMENTATION

xxx

SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial Practice.

"Sec. 12. Component Evidence of Identity. The phrase "competent evidence of

identity" refers to the identification of an individual based on:

SEC. 2. Purposes. - These Rules shall be applied and construed to advance the following
purposes:chanroblesvirtuallawlibrary
(a) to promote, serve, and protect public interest; chan robles virtual law library

(a) at least one current identification document issued by an official

agency bearing the photograph and signature of the individual, such as
but not limited to, passport, drivers license, Professional Regulations
Commission ID, National Bureau of Investigation clearance, police
clearance, postal ID, voters ID, Barangay certification, Government
Service and Insurance System (GSIS) e-card, Social Security System (SSS)
card, Philhealth card, senior citizen card, Overseas Workers Welfare
Administration (OWWA) ID, OFW ID, seamans book, alien certificate of
registration/immigrant certificate of registration, government office ID,
certification from the National Council for the Welfare of Disable
Persons (NCWDP), Department of Social Welfare and Development
(DSWD) certification; or
(b) xxxx."

(b) to simplify, clarify, and modernize the rules governing notaries public; and
(c) to foster ethical conduct among notaries public. chan robles virtual law library
SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in the
singular include the plural, and words in the plural include the singular.
RULE II
DEFINITIONS
SECTION 1. Acknowledgment. - Acknowledgment refers to an act in which an individual
on a single occasion:chanroblesvirtuallawlibrary
(a) appears in person before the notary public and presents an integrally complete
instrument or document;
chan robles virtual law library

Quisumbing, J., on official leave. Ynares-Santiago, J., on leave.

(b) is attested to be personally known to the notary public or identified by the notary
public through competent evidence of identity as defined by these Rules; and -

(adv127a)

chan robles virtual law library

(c) represents to the notary public that the signature on the instrument or document was
voluntarily affixed by him for the purposes stated in the instrument or document, declares

that he has executed the instrument or document as his free and voluntary act and deed,

notary's signature and seal, and states the facts attested to by the notary public in a

and, if he acts in a particular representative capacity, that he has the authority to sign in

particular notarization as provided for by these Rules.chan robles virtual law library

that capacity.

SEC. 9. Notary Public and Notary. - Notary Public and Notary refer to any person

SEC. 2. Affirmation or Oath. - The term Affirmation or Oath refers to an act in which an

commissioned to perform official acts under these Rules.cralaw

individual on a single occasion: chan robles virtual law library

SEC. 10. Principal. - Principal refers to a person appearing before the notary public

(a) appears in person before the notary public; chan robles virtual law library

whose act is the subject of notarization. chan robles virtual law library

(b) is personally known to the notary public or identified by the notary public through

SEC. 11. Regular Place of Work or Business. - The term regular place of work or business

competent evidence of identity as defined by these Rules; and chan robles virtual law

refers to a stationary office in the city or province wherein the notary public renders legal

library

and notarial services. chan robles virtual law library

(c) avows under penalty of law to the whole truth of the contents of the instrument or

SEC. 12. Competent Evidence of Identity. - The phrase competent evidence of identity

document.

refers to the identification of an individual based on:chanroblesvirtuallawlibrary

SEC. 3. Commission. - Commission refers to the grant of authority to perform notarial

(a) at least one current identification document issued by an official agency bearing the

acts and to the written evidence of the authority.

photograph and signature of the individual; or chan robles virtual law library

SEC. 4. Copy Certification. - Copy Certification refers to a notarial act in which a notary

(b) the oath or affirmation of one credible witness not privy to the instrument, document

public:chanroblesvirtuallawlibrary

or transaction who is personally known to the notary public and who personally knows the

(a) is presented with an instrument or document that is neither a vital record, a public

individual, or of two credible witnesses neither of whom is privy to the instrument,

record, nor publicly recordable;

document or transaction who each personally knows the individual and shows to the

(b) copies or supervises the copying of the instrument or document;

notary public documentary identification.

(c) compares the instrument or document with the copy; and

SEC. 13. Official Seal or Seal. - Official seal or Seal refers to a device for affixing a mark,

(d) determines that the copy is accurate and complete.

image or impression on all papers officially signed by the notary public conforming the

SEC. 5. Notarial Register. - Notarial Register refers to a permanently bound book with

requisites prescribed by these Rules.

numbered pages containing a chronological record of notarial acts performed by a notary

SEC. 14. Signature Witnessing. - The term signature witnessing refers to a notarial act in

public. chan robles virtual law library

which an individual on a single occasion: chan robles virtual law library

SEC. 6. Jurat. - Jurat refers to an act in which an individual on a single

(a) appears in person before the notary public and presents an instrument or document;

occasion:chanroblesvirtuallawlibrary

(b) is personally known to the notary public or identified by the notary public through

(a) appears in person before the notary public and presents an instrument or document;

competent evidence of identity as defined by these Rules; and chan robles virtual law

(b) is personally known to the notary public or identified by the notary public through

library

competent evidence of identity as defined by these Rules; chan robles virtual law library

(c) signs the instrument or document in the presence of the notary public.

(c) signs the instrument or document in the presence of the notary; and

SEC. 15. Court. - Court refers to the Supreme Court of the Philippines.

(d) takes an oath or affirmation before the notary public as to such instrument or

SEC. 16. Petitioner. - Petitioner refers to a person who applies for a notarial

document.

commission.cralaw

SEC. 7. Notarial Act and Notarization. - Notarial Act and Notarization refer to any act

SEC. 17. Office of the Court Administrator. - Office of the Court Administrator refers to

that a notary public is empowered to perform under these Rules.

the Office of the Court Administrator of the Supreme Court.cralaw

SEC. 8. Notarial Certificate. - Notarial Certificate refers to the part of, or attachment to, a

SEC. 18. Executive Judge. - Executive Judge refers to the Executive Judge of the Regional

notarized instrument or document that is completed by the notary public, bears the

Trial Court of a city or province who issues a notarial commission.cralaw

SEC. 19. Vendor. - Vendor under these Rules refers to a seller of a notarial seal and shall

days of the application. The photograph should not be retouched. The petitioner shall sign

include a wholesaler or retailer. chan robles virtual law library

his name at the bottom part of the photographs.

SEC. 20. Manufacturer. - Manufacturer under these Rules refers to one who produces a

SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the

notarial seal and shall include an engraver and seal maker. chan robles virtual law library

application fee as prescribed in the Rules of Court. chan robles virtual law library

RULE III

SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a summary

COMMISSIONING OF NOTARY PUBLIC

hearing on the petition and shall grant the same if:chanroblesvirtuallawlibrary

SECTION 1. Qualifications. - A notarial commission may be issued by an Executive Judge to

(a) the petition is sufficient in form and substance;

any qualified person who submits a petition in accordance with these Rules. chan robles

(b) the petitioner proves the allegations contained in the petition; and

virtual law library

(c) the petitioner establishes to the satisfaction of the Executive Judge that he has read

To be eligible for commissioning as notary public, the

and fully understood these Rules.

petitioner:chanroblesvirtuallawlibrary

The Executive Judge shall forthwith issue a commission and a Certificate of Authorization

(1) must be a citizen of the Philippines; chan robles virtual law library

to Purchase a Notarial Seal in favor of the petitioner. chan robles virtual law library

(2) must be over twenty-one (21) years of age; chan robles virtual law library

SEC. 5. Notice of Summary Hearing. -

(3) must be a resident in the Philippines for at least one (1) year and maintains a regular

(a) The notice of summary hearing shall be published in a newspaper of general circulation

place of work or business in the city or province where the commission is to be

in the city or province where the hearing shall be conducted and posted in a conspicuous

issued; chan robles virtual law library

place in the offices of the Executive Judge and of the Clerk of Court. The cost of the

(4) must be a member of the Philippine Bar in good standing with clearances from the

publication shall be borne by the petitioner. The notice may include more than one

Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines;

petitioner.

and
(5) must not have been convicted in the first instance of any crime involving moral

(b) The notice shall be substantially in the following form:chanroblesvirtuallawlibrary

turpitude.

NOTICE OF HEARING

SEC. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial

Notice is hereby given that a summary hearing on the petition for notarial commission of

commission shall be in writing, verified, and shall include the

(name of petitioner) shall be held on (date) at (place) at (time). Any person who has any

following:chanroblesvirtuallawlibrary

cause or reason to object to the grant of the petition may file a verified written

(a) a statement containing the petitioner's personal qualifications, including the

opposition thereto, received by the undersigned before the date of the summary

petitioner's date of birth, residence, telephone number, professional tax receipt, roll of

hearing.chanrobles virtual law library chan robles virtual law library

attorney's number and IBP membership number;

_____________________
Executive Judge

(b) certification of good moral character of the petitioner by at least two (2) executive

SEC. 6. Opposition to Petition. - Any person who has any cause or reason to object to the

officers of the local chapter of the Integrated Bar of the Philippines where he is applying for

grant of the petition may file a verified written opposition thereto. The opposition must be

commission;

received by the Executive Judge before the date of the summary hearing. chan robles
virtual law library

(c) proof of payment for the filing of the petition as required by these Rules; and

SEC. 7. Form of Notarial Commission. - The commissioning of a notary public shall be in a

formal order signed by the Executive Judge substantially in the following

(d) three (3) passport-size color photographs with light background taken within thirty (30)

form:chanroblesvirtuallawlibrary

REPUBLIC OF THE PHILIPPINES

commissioning is made, unless earlier revoked or the notary public has resigned under

REGIONAL TRIAL COURT OF ______________

these Rules and the Rules of Court. chan robles virtual law library

This is to certify that (name of notary public) of (regular place of work or business) in (city

SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a

or province) was on this (date) day of (month) two thousand and (year) commissioned by

Register of Notaries Public in his jurisdiction which shall contain, among others, the dates

the undersigned as a notary public, within and for the said jurisdiction, for a term ending

of issuance or revocation or suspension of notarial commissions, and the resignation or

the thirty-first day of December (year) chan robles virtual law library

death of notaries public. The Executive Judge shall furnish the Office of the Court

________________________

Administrator information and data recorded in the register of notaries public. The Office

Executive Judge

of the Court Administrator shall keep a permanent, complete and updated database of

SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. -

such records. chan robles virtual law library

The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of

SEC. 13. Renewal of Commission. - A notary public may file a written application with the

three (3) months from date of issue, unless extended by the Executive Judge.

Executive Judge for the renewal of his commission within forty-five (45) days before the

A mark, image or impression of the seal that may be purchased by the notary public

expiration thereof. A mark, image or impression of the seal of the notary public shall be

pursuant to the Certificate shall be presented to the Executive Judge for approval prior to

attached to the application.cralaw

use.cralaw

Failure to file said application will result in the deletion of the name of the notary public in

SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate of

the register of notaries public.cralaw

Authorization to Purchase a Notarial Seal shall substantially be in the following

The notary public thus removed from the Register of Notaries Public may only be

form:chanroblesvirtuallawlibrary

reinstated therein after he is issued a new commission in accordance with these

Rules. chan robles virtual law library

REPUBLIC OF THE PHILIPPINES

SEC. 14. Action on Application for Renewal of Commission. - The Executive Judge shall,

REGIONAL TRIAL COURT OF_____________ chan robles virtual law library

upon payment of the application fee mentioned in Section 3 above of this Rule, act on an

CERTIFICATE OF AUTHORIZATION

application for the renewal of a commission within thirty (30) days from receipt thereof. If

TO PURCHASE A NOTARIAL SEAL chan robles virtual law library

the application is denied, the Executive Judge shall state the reasons therefor.cralaw

This is to authorize (name of notary public) of (city or province) who was commissioned

RULE IV

by the undersigned as a notary public, within and for the said jurisdiction, for a term

POWERS AND LIMITATIONS OF NOTARIES PUBLIC

ending, the thirty-first of December (year) to purchase a notarial seal.chanrobles virtual

SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial

law library chan robles virtual law library

acts:chanroblesvirtuallawlibrary

Issued this (day) of (month) (year).

(1) acknowledgments;

________________________

(2) oaths and affirmations;

Executive Judge

(3) jurats; chan robles virtual law library

(4) signature witnessings;

SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall

(5) copy certifications; and

have only one official seal of office in accordance with these Rules.

(6) any other act authorized by these Rules.

SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may perform

(b) A notary public is authorized to certify the affixing of a signature by thumb or other

notarial acts in any place within the territorial jurisdiction of the commissioning court for a

mark on an instrument or document presented for notarization

period of two (2) years commencing the first day of January of the year in which the

if:chanroblesvirtuallawlibrary

(1) the thumb or other mark is affixed in the presence of the notary public and of two (2)

SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if

disinterested and unaffected witnesses to the instrument or document;

he:chanroblesvirtuallawlibrary

(2) both witnesses sign their own names in addition to the thumb or other mark;

(a) is a party to the instrument or document that is to be notarized; chan robles virtual law

(3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed

library

by (name of signatory by mark) in the presence of (names and addresses of witnesses) and

(b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title,

undersigned notary public"; and chan robles virtual law library

interest, cash, property, or other consideration, except as provided by these Rules and by

(4) the notary public notarizes the signature by thumb or other mark through an

law; or

acknowledgment, jurat, or signature witnessing.

(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or

(c) A notary public is authorized to sign on behalf of a person who is physically unable to

consanguinity of the principal within the fourth civil degree. chan robles virtual law library

sign or make a mark on an instrument or document if:chanroblesvirtuallawlibrary

SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in

(1) the notary public is directed by the person unable to sign or make a mark to sign on his

these Rules for any person requesting such an act even if he tenders the appropriate fee

behalf;

specified by these Rules if:chanroblesvirtuallawlibrary

(2) the signature of the notary public is affixed in the presence of two disinterested and

(a) the notary knows or has good reason to believe that the notarial act or transaction is

unaffected witnesses to the instrument or document;

unlawful or immoral;

(3) both witnesses sign their own names ;

(b) the signatory shows a demeanor which engenders in the mind of the notary public

(4) the notary public writes below his signature: Signature affixed by notary in presence

reasonable doubt as to the former's knowledge of the consequences of the transaction

of (names and addresses of person and two *2+ witnesses); and

requiring a notarial act; and

(5) the notary public notarizes his signature by acknowledgment or jurat.

(c) in the notary's judgment, the signatory is not acting of his or her own free will.

SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular

SEC. 5. False or Incomplete Certificate. - A notary public shall not: chan robles virtual law

place of work or business; provided, however, that on certain exceptional occasions or

library

situations, a notarial act may be performed at the request of the parties in the following

(a) execute a certificate containing information known or believed by the notary to be

sites located within his territorial jurisdiction: chan robles virtual law library

false.

(1) public offices, convention halls, and similar places where oaths of office may be

(b) affix an official signature or seal on a notarial certificate that is incomplete.chan robles

administered;

virtual law library

(2) public function areas in hotels and similar places for the signing of instruments or

SEC. 6. Improper Instruments or Documents. - A notary public shall not

documents requiring notarization;

notarize:chanroblesvirtuallawlibrary

(3) hospitals and other medical institutions where a party to an instrument or document is

(a) a blank or incomplete instrument or document; or chan robles virtual law library

confined for treatment; and

(b) an instrument or document without appropriate notarial certification.

(4) any place where a party to an instrument or document requiring notarization is under

RULE V

detention.

FEES OF NOTARY PUBLIC

(b) A person shall not perform a notarial act if the person involved as signatory to the

SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act, a notary public

instrument or document -

may charge the maximum fee as prescribed by the Supreme Court unless he waives the fee

(1) is not in the notary's presence personally at the time of the notarization; and

in whole or in part.

(2) is not personally known to the notary public or otherwise identified by the notary

chan robles virtual law library

public through competent evidence of identity as defined by these Rules.chan robles

SEC. 2. Travel Fees and Expenses. - A notary public may charge travel fees and expenses

virtual law library

separate and apart from the notarial fees prescribed in the preceding section when

traveling to perform a notarial act if the notary public and the person requesting the

(4) the title or description of the instrument, document or proceeding;

notarial act agree prior to the travel.cralaw

(5) the name and address of each principal; chan robles virtual law library

SEC. 3. Prohibited Fees. No fee or compensation of any kind, except those expressly

(6) the competent evidence of identity as defined by these Rules if the signatory is not

prescribed and allowed herein, shall be collected or received for any notarial service.cralaw

personally known to the notary; chan robles virtual law library

SEC. 4. Payment or Refund of Fees. - A notary public shall not require payment of any fees

(7) the name and address of each credible witness swearing to or affirming the person's

specified herein prior to the performance of a notarial act unless otherwise agreed

identity;

upon. chan robles virtual law library

(8) the fee charged for the notarial act;

Any travel fees and expenses paid to a notary public prior to the performance of a notarial

(9) the address where the notarization was performed if not in the notary's regular place of

act are not subject to refund if the notary public had already traveled but failed to

work or business; and

complete in whole or in part the notarial act for reasons beyond his control and without

(10) any other circumstance the notary public may deem of significance or relevance.

negligence on his part.cralaw

(b) A notary public shall record in the notarial register the reasons and circumstances for

SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall issue a

not completing a notarial act.

receipt registered with the Bureau of Internal Revenue and keep a journal of notarial fees.

(c) A notary public shall record in the notarial register the circumstances of any request to

He shall enter in the journal all fees charged for services rendered. chan robles virtual law

inspect or copy an entry in the notarial register, including the requester's name, address,

library

signature, thumbmark or other recognized identifier, and evidence of identity. The reasons

A notary public shall post in a conspicuous place in his office a complete schedule of

for refusal to allow inspection or copying of a journal entry shall also be recorded.cralaw

chargeable notarial fees.cralaw

(d) When the instrument or document is a contract, the notary public shall keep an original

RULE VI

copy thereof as part of his records and enter in said records a brief description of the

NOTARIAL REGISTER

substance thereof and shall give to each entry a consecutive number, beginning with

SECTION 1. Form of Notarial Register. - (a) A notary public shall keep, maintain, protect and

number one in each calendar year. He shall also retain a duplicate original copy for the

provide for lawful inspection as provided in these Rules, a chronological official notarial

Clerk of Court.cralaw

register of notarial acts consisting of a permanently bound book with numbered

(e) The notary public shall give to each instrument or document executed, sworn to, or

pages. chan robles virtual law library

acknowledged before him a number corresponding to the one in his register, and shall also

The register shall be kept in books to be furnished by the Solicitor General to any notary

state on the instrument or document the page/s of his register on which the same is

public upon request and upon payment of the cost thereof. The register shall be duly

recorded. No blank line shall be left between entries.cralaw

paged, and on the first page, the Solicitor General shall certify the number of pages of

(f) In case of a protest of any draft, bill of exchange or promissory note, the notary public

which the book consists.cralaw

shall make a full and true record of all proceedings in relation thereto and shall note

For purposes of this provision, a Memorandum of Agreement or Understanding may be

therein whether the demand for the sum of money was made, by whom, when, and

entered into by the Office of the Solicitor General and the Office of the Court

where; whether he presented such draft, bill or note; whether notices were given, to

Administrator. chan robles virtual law library

whom and in what manner; where the same was made, when and to whom and where

(b) A notary public shall keep only one active notarial register at any given time.cralaw

directed; and of every other fact touching the same.cralaw

SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the notary shall record in

(g) At the end of each week, the notary public shall certify in his notarial register the

the notarial register at the time of notarization the following: chan robles virtual law library

number of instruments or documents executed, sworn to, acknowledged, or protested

(1) the entry number and page number; chan robles virtual law library

before him; or if none, this certificate shall show this fact.cralaw

(2) the date and time of day of the notarial act;

(h) A certified copy of each month's entries and a duplicate original copy of any instrument

(3) the type of notarial act; chan robles virtual law library

acknowledged before the notary public shall, within the first ten (10) days of the month

following, be forwarded to the Clerk of Court and shall be under the responsibility of such

RULE VII

officer. If there is no entry to certify for the month, the notary shall forward a statement to

SIGNATURE AND SEAL OF NOTARY PUBLIC

this effect in lieu of certified copies herein required.cralaw

SECTION 1. Official Signature. In notarizing a paper instrument or document, a notary

SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial

public shall:chanroblesvirtuallawlibrary

register shall be signed or a thumb or other mark affixed by

(a) sign by hand on the notarial certificate only the name indicated and as appearing on the

each:chanroblesvirtuallawlibrary

notary's commission; chan robles virtual law library

(a) principal;

(b) not sign using a facsimile stamp or printing device; and

(b) credible witness swearing or affirming to the identity of a principal; and

(c) affix his official signature only at the time the notarial act is performed.

(c) witness to a signature by thumb or other mark, or to a signing by the notary public on

SEC. 2. Official Seal. - (a) Every person commissioned as notary public shall have a seal of

behalf of a person physically unable to sign.

office, to be procured at his own expense, which shall not be possessed or owned by any

SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's presence, any person may

other person. It shall be of metal, circular in shape, two inches in diameter, and shall have

inspect an entry in the notarial register, during regular business hours, provided;

the name of the city or province and the word Philippines and his own name on the

(1) the person's identity is personally known to the notary public or proven through

margin and the roll of attorney's number on the face thereof, with the words "notary

competent evidence of identity as defined in these Rules;

public" across the center. A mark, image or impression of such seal shall be made directly

(2) the person affixes a signature and thumb or other mark or other recognized identifier,

on the paper or parchment on which the writing appears.

in the notarial register in a separate, dated entry;

(b) The official seal shall be affixed only at the time the notarial act is performed and shall

(3) the person specifies the month, year, type of instrument or document, and name of the

be clearly impressed by the notary public on every page of the instrument or document

principal in the notarial act or acts sought; and

notarized. chan robles virtual law library

(4) the person is shown only the entry or entries specified by him.

(c) When not in use, the official seal shall be kept safe and secure and shall be accessible

(b) The notarial register may be examined by a law enforcement officer in the course of an

only to the notary public or the person duly authorized by him. chan robles virtual law

official investigation or by virtue of a court order.

library

(c) If the notary public has a reasonable ground to believe that a person has a criminal

(d) Within five (5) days after the official seal of a notary public is stolen, lost, damaged or

intent or wrongful motive in requesting information from the notarial register, the notary

other otherwise rendered unserviceable in affixing a legible image, the notary public, after

shall deny access to any entry or entries therein.cralaw

informing the appropriate law enforcement agency, shall notify the Executive Judge in

SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case the notarial register is

writing, providing proper receipt or acknowledgment, including registered mail, and in the

stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible as a record of

event of a crime committed, provide a copy or entry number of the appropriate police

notarial acts, the notary public shall, within ten (10) days after informing the appropriate

record. Upon receipt of such notice, if found in order by the Executive Judge, the latter

law enforcement agency in the case of theft or vandalism, notify the Executive Judge by

shall order the notary public to cause notice of such loss or damage to be published, once a

any means providing a proper receipt or acknowledgment, including registered mail and

week for three (3) consecutive weeks, in a newspaper of general circulation in the city or

also provide a copy or number of any pertinent police report.cralaw

province where the notary public is commissioned. Thereafter, the Executive Judge shall

(b) Upon revocation or expiration of a notarial commission, or death of the notary public,

issue to the notary public a new Certificate of Authorization to Purchase a Notarial

the notarial register and notarial records shall immediately be delivered to the office of the

Seal.cralaw

Executive Judge.cralaw

(e) Within five (5) days after the death or resignation of the notary public, or the revocation

SEC. 6. Issuance of Certified True Copies. - The notary public shall supply a certified true

or expiration of a notarial commission, the official seal shall be surrendered to the

copy of the notarial record, or any part thereof, to any person applying for such copy upon

Executive Judge and shall be destroyed or defaced in public during office hours. In the

payment of the legal fees.cralaw

event that the missing, lost or damaged seal is later found or surrendered, it shall be

delivered by the notary public to the Executive Judge to be disposed of in accordance with

SECTION 1. Form of Notarial Certificate. - The notarial form used for any notarial

this section. Failure to effect such surrender shall constitute contempt of court. In the

instrument or document shall conform to all the requisites prescribed herein, the Rules of

event of death of the notary public, the person in possession of the official seal shall have

Court and all other provisions of issuances by the Supreme Court and in applicable

the duty to surrender it to the Executive Judge.cralaw

laws. chan robles virtual law library

SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent, and

SEC. 2. Contents of the Concluding Part of the Notarial Certificate. The notarial certificate

photographically reproducible mark, image or impression of the official seal beside his

shall include the following:chanroblesvirtuallawlibrary

signature on the notarial certificate of a paper instrument or document.cralaw

(a) the name of the notary public as exactly indicated in the commission;

SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals may

(b) the serial number of the commission of the notary public;

not sell said product without a written authorization from the Executive Judge.cralaw

(c) the words "Notary Public" and the province or city where the notary public is

(b) Upon written application and after payment of the application fee, the Executive Judge

commissioned, the expiration date of the commission, the office address of the notary

may issue an authorization to sell to a vendor or manufacturer of notarial seals after

public; and

verification and investigation of the latter's qualifications. The Executive Judge shall charge

(d) the roll of attorney's number, the professional tax receipt number and the place and

an authorization fee in the amount of PhP 4,000 for the vendor and PhP 8,000 for the

date of issuance thereof, and the IBP membership number.

manufacturer. If a manufacturer is also a vendor, he shall only pay the manufacturer's

RULE IX

authorization fee.cralaw

CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

(c) The authorization shall be in effect for a period of four (4) years from the date of its

SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authority evidencing

issuance and may be renewed by the Executive Judge for a similar period upon payment of

the authenticity of the official seal and signature of a notary public shall be issued by the

the authorization fee mentioned in the preceding paragraph.cralaw

Executive Judge upon request in substantially the following form: chan robles virtual law

(d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of a

library

certified copy of the commission and the Certificate of Authorization to Purchase a Notarial

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

Seal issued by the Executive Judge. A notary public obtaining a new seal as a result of

I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public),

change of name shall present to the vendor or manufacturer a certified copy of the

the person named in the seal and signature on the attached document, is a Notary Public

Confirmation of the Change of Name issued by the Executive Judge.cralaw

in and for the (City/Municipality/Province) of the Republic of the Philippines and

(e) Only one seal may be sold by a vendor or manufacturer for each Certificate of

authorized to act as such at the time of the document's notarization.chanrobles virtual

Authorization to Purchase a Notarial Seal.cralaw

law librarychan robles virtual law library

(f) After the sale, the vendor or manufacturer shall affix a mark, image or impression of the

IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this

seal to the Certificate of Authorization to Purchase a Notarial Seal and submit the

(date) day of (month) (year).chanrobles virtual law library chan robles virtual law library

completed Certificate to the Executive Judge. Copies of the Certificate of Authorization to

_________________

Purchase a Notarial Seal and the buyer's commission shall be kept in the files of the vendor

(official signature)

or manufacturer for four (4) years after the sale.cralaw

(seal of Executive Judge)

(g) A notary public obtaining a new seal as a result of change of name shall present to the

RULE X

vendor a certified copy of the order confirming the change of name issued by the Executive

CHANGES OF STATUS OF NOTARY PUBLIC

Judge.cralaw

SECTION 1. Change of Name and Address. -

RULE VIII

Within ten (10) days after the change of name of the notary public by court order or by

NOTARIAL CERTIFICATES

marriage, or after ceasing to maintain the regular place of work or business, the notary
public shall submit a signed and dated notice of such fact to the Executive Judge.

performance of his duties, as may be required by the judge;

The notary public shall not notarize until:chanroblesvirtuallawlibrary

(7) fails to require the presence of a principal at the time of the notarial act;

(a) he receives from the Executive Judge a confirmation of the new name of the notary

(8) fails to identify a principal on the basis of personal knowledge or competent evidence;

public and/or change of regular place of work or business; and

(9) executes a false or incomplete certificate under Section 5, Rule IV;

(10) knowingly performs or fails to perform any other act prohibited or mandated by these

(b) a new seal bearing the new name has been obtained.

Rules; and

The foregoing notwithstanding, until the aforementioned steps have been completed, the

(11) commits any other dereliction or act which in the judgment of the Executive Judge

notary public may continue to use the former name or regular place of work or business in

constitutes good cause for revocation of commission or imposition of administrative

performing notarial acts for three (3) months from the date of the change, which may be

sanction.

extended once for valid and just cause by the Executive Judge for another period not

(c) Upon verified complaint by an interested, affected or aggrieved person, the notary

exceeding three (3) months.

public shall be required to file a verified answer to the complaint. If the answer of the

SEC. 2. Resignation. - A notary public may resign his commission by personally submitting a

notary public is not satisfactory, the Executive Judge shall conduct a summary hearing. If

written, dated and signed formal notice to the Executive Judge together with his notarial

the allegations of the complaint are not proven, the complaint shall be dismissed. If the

seal, notarial register and records. Effective from the date indicated in the notice, he shall

charges are duly established, the Executive Judge shall impose the appropriate

immediately cease to perform notarial acts. In the event of his incapacity to personally

administrative sanctions. In either case, the aggrieved party may appeal the decision to the

appear, the submission of the notice may be performed by his duly authorized

Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions

representative.cralaw

shall be immediately executory, unless otherwise ordered by the Supreme Court.

SEC. 3. Publication of Resignation. - The Executive Judge shall immediately order the Clerk

(d) The Executive Judge may motu proprio initiate administrative proceedings against a

of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk

notary public, subject to the procedures prescribed in paragraph (c) above and impose the

of Court the names of notaries public who have resigned their notarial commissions and

appropriate administrative sanctions on the grounds mentioned in the preceding

the effective dates of their resignation.cralaw

paragraphs (a) and (b).cralaw

RULE XI

SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all

REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS

times exercise supervision over notaries public and shall closely monitor their

SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall revoke

activities. chan robles virtual law library

a notarial commission for any ground on which an application for a commission may be

SEC. 3. Publication of Revocations and Administrative Sanctions. - The Executive Judge shall

denied. chan robles virtual law library

immediately order the Clerk of Court to post in a conspicuous place in the offices of the

(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate

Executive Judge and of the Clerk of Court the names of notaries public who have been

administrative sanctions upon, any notary public who:chanroblesvirtuallawlibrary

administratively sanctioned or whose notarial commissions have been revoked.cralaw

(1) fails to keep a notarial register;

SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling the obligations in

(2) fails to make the proper entry or entries in his notarial register concerning his notarial

Section 4(e), Rule VI and Section 2(e), Rule VII, the Executive Judge, upon being notified of

acts;

such death, shall forthwith cause compliance with the provisions of these sections. chan

(3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days

robles virtual law library

of the month following;

RULE XII

(4) fails to affix to acknowledgments the date of expiration of his commission;

SPECIAL PROVISIONS

(5) fails to submit his notarial register, when filled, to the Executive Judge;

SECTION 1. Punishable Acts. - The Executive Judge shall cause the prosecution of any

(6) fails to make his report, within a reasonable time, to the Executive Judge concerning the

person who:chanroblesvirtuallawlibrary

(a) knowingly acts or otherwise impersonates a notary public; chan robles virtual law
library
(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official
records of a notary public; and
(c) knowingly solicits, coerces, or in any way influences a notary public to commit official
misconduct.
SEC 2. Reports to the Supreme Court. - The Executive Judge concerned shall submit
semestral reports to the Supreme Court on discipline and prosecution of notaries public.
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
SECTION 1. Repeal. - All rules and parts of rules, including issuances of the Supreme Court
inconsistent herewith, are hereby repealed or accordingly modified. chan robles virtual law
library
SEC. 2. Effective Date. - These Rules shall take effect on the first day of August 2004, and
shall be published in a newspaper of general circulation in the Philippines which provides
sufficiently wide circulation.
Promulgated this 6th day of July, 2004. chan robles virtual law library
Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez,
Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.c

A.M. No. 08-8-7-SC

THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES

(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory
order issued by the court;

RESOLUTION
(h) Motion to declare the defendant in default;
Pursuant to the action of the Court en banc in its session held on October 27, 2009,
Sections 11, 12, 14, 16, 21, and 22 of the Rule of Procedure for Small Claims Cases,
including the attached Forms, are AMENDED to read as follows:

(i) Dilatory motions for postponement;

(j) Reply;

Section 11. Response. - The defendant shall file with the court and serve on the plaintiff a
duly accomplished and verified Response within a non-extendible period of ten (10) days
from receipt of summons. The Response shall be accompanied by certified photocopies of
documents, as well as affidavits of witnesses and other evidence in support thereof. No
evidence shall be allowed during the hearing which was not attached to or submitted
together with the Response, unless good cause is shown for the admission of additional
evidence.
THE GROUNDS FOR THE DISMISSAL OF THE CLAIM, UNDER RULE 16 OF THE RULES OF
COURT, SHOULD BE PLEADED.
Section 12. Effect of Failure to File Response. - Should the defendant fail to file his
Response within the required period, AND LIKEWISE FAIL TO APPEAR AT THE DATE SET
FOR HEARING, THE COURT SHALL RENDER JUDGMENT ON THE SAME DAY, AS MAY BE
WARRANTED BY THE FACTS.
SHOULD THE DEFENDANT FAIL TO FILE RESPONSE WITHIN THE REQUIRED PERIOD BUT
APPEARS AT THE DATE SET FOR HEARING, THE COURT SHALL ASCERTAIN WHAT DEFENSE
HE HAS TO OFFER AND PROCEED TO HEAR, MEDIATE OR ADJUDICATE THE CASE ON THE
SAME DAY AS IF A RESPONSE HAS BEEN FILED.
Section 14. Prohibited Pleadings and Motions. - The following pleadings, motions, or
petitions shall not be allowed in the cases covered by this Rule:
(a) MOTION TO DISMISS THE COMPLAINT;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for reopening of
trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits, or any other paper;

(k) Third-party complaints; and

(l) Interventions.
Section 16. Appearance .- The parties shall appear at thedesignated date of hearing
personally.
APPEARANCE THROUGH A REPRESENTATIVE MUST BE FOR A VALID CAUSE. THE
REPRESENTATIVE OF AN INDIVIDUAL-PARTY MUST NOT BE A LAWYER, AND
MUST BE RELATED TO OR NEXT-OF-SKIN OF THE INDIVIDUAL-PARTY. JURIDICAL
ENTITIES SHALL NOT BE REPRESENTED BY A LAWYER IN ANY CAPACITY.
THE REPRESENTATIVE MUST BE authorized under a Special Power of Attorney ( Form 5SCC ) to enter into an amicable SETTLEMENT OF THE DISPUTE and to enter into stipulations
or admissions of facts and of documentary exhibits.
Section 21. HEARING. - At the hearing, the judge shall EXERT EFFORTS TO BRING THE
PARTIES TO AN AMICABLE SETTLEMENT OF THEIR DISPUTE. Any settlement ( Form 7-SCC )
or resolution ( Form 8-SCC ) of the dispute shall be reduced into writing, signed by the
parties and submitted to the court for approval ( Form 12-SCC ).
SETTLEMENT DISCUSSIONS SHALL BE STRICTLY CONFIDENTIAL AND ANY REFERENCE TO
ANY SETTLEMENT MADE IN THE COURSE OF SUCH DISCUSSIONS SHALL BE PUNISHABLE
BY CONTEMPT.
Section 22. Failure of SETTLEMENT. - If EFFORTS AT SETTLEMENT FAIL, the hearing shall
proceed in an informal and expenditious manner and BE terminated within one (1)
day. EITHER PARTY MAY MOVE IN WRITING ( FORM 10-SCC ) TO HAVE ANOTHER JUDGE
HEAR AND DECIDE THE CASE. THE REASSIGNMENT WITH EXISTING ISSUANCES.
THE REFERRAL BY THE ORIGINAL JUDGE TO THE EXECUTIVE JUGDE SHALL BE MADE
WITHIN THE SAME DAY THE MOTION IS FILED AND GRANTED, AND BY THE EXECUTIVE
JUDGE TO THE DESIGNATED JUDGE WITHIN THA SAME DAY OF THE REFERRAL. THE NEW

JUDGE SHALL HEAR AND DECIDE THE CASE WITHIN FIVE (5) WORKING DAYS FROM
RECEIPT OF THE ORDER OF REASIGNMENT.
The amendments of the Rule shall take effect on November 3, 2009 following its
publication in two (2) newspapers of general circulation.
October 27, 2009

Signed REYNATO S. PUNO

Chief Justice

Signed LEONARDO A. QUISUMBING

Associate Justice

Signed ANTONIO T. CARPIO

Associate Justice

(on leave)
RENATO C. CORONA
Associate Justice

(on leave)
CONCHITA CARPIO MORALES
Associate Justice

Signed MINITA V. CHICO-NAZARIO

Associate Justice

(on leave)
PRESBITERO J. VELASCO, JR.
Associate Justice

(on leave)
ANTONIO EDUARDO B. NACHURA
Associate Justice

(on leave)
TERESITA J. LEONARDO-DE CASTRO
Associate Justice

Signed ARTURO D. BRION

Associate Justice

Signed DIOSDADO M. PERALTA

Associate Justice

LUCAS P. BERSAMIN
Associate Justice

(on leave)
MARIANO C. DEL CASTILLO
Associate Justice

Signed ROBERTO A. ABAD

Associate Justice