i

Bar Matter No. 1645; Rule 139-B

amended (administrative disciplinary
cases against lawyers)
See - 1645.pdf

In BAR MATTER N0. 1645 (RE: AMENDMENT OF RULE 139-B), dated October 13, 2015, the
Supreme Court issued new rules governing administrative
disciplinary cases against lawyers.   

The premises of Bar Matter 1645 are as follows:

1.  
  
Article VIII, Section 5(5) of the 1987 Constitution confers upon the Supreme Court the power to
promulgate rules concerning the admission to the practice of law.

2.  
The Supreme Court's power relating to the admission to the practice of law inherently includes the
power to discipline and remove from the rolls, lawyers who have transgressed their oath and violated
the Code of Professional Responsibility.

3.  
Dismissal of complaints filed against lawyers is a power of the Supreme Court that cannot be
delegated to the Integrated Bar of the Philippines.

4.  
The motive of the complainant and his or her action/inaction after the filing of a verified complaint
against a lawyer are not essential to the proceedings.

The new rules under Bar Matter 1645 are as follows:

1.    
Sections 1, 5, 12, 13, and 15 of Rule 139-B of the Rules of Court are amended to read as follows:

“RULE 139-B Disbarment and Discipline of Attorneys 

Section 1. How  Instituted. - Proceedings for the disbarment, suspension, or discipline of attorneys
may be taken by the Supreme Court motu propio, or upon the filing of a verified complaint of any
person before the Supreme Court or the Integrated Bar of the Philippines (IBP). The complaint shall
state clearly and concisely the facts complained of and shall be supported by affidavits of persons
having personal knowledge of the facts therein alleged and/or by such documents as may
substantiate said facts.

The IBP shall forward to the Supreme Court for appropriate disposition all complaints for disbarment,
suspension and discipline filed against incumbent Justices of the Court of Appeals, Sandiganbayan,
Court of Tax Appeals and judges of lower courts, or against lawyers in the government service,
whether or not they are charged singly or jointly with other respondents, and whether or not such
complaint deals with acts unrelated to the discharge of their official functions. If the complaint is filed
before the IBP, six ( 6) copies of the verified complaint shall be filed with the Secretary of the IBP or
the Secretary of any of its chapter who shall forthwith transmit the same to the IBP Board of
Governors for assignment to an investigator.”

A.         PROCEEDINGS IN THE INTEGRATED BAR OF THE

PHILIPPINES
 “Section 5. Service or dismissal. - If the complaint appears to be meritorious, the Investigator shall
direct that a copy thereof be served upon the respondent, requiring him to answer the same within
fifteen (15) days from the date of service.

If the complaint does not merit action, or if the answer shows to the satisfaction of the Investigator that
the complaint is not meritorious, the Investigator will recommend to the Board of Governors the
dismissal of the complaint.

Thereafter, the procedure in Section 12 of this Rule shall apply. No investigation shall be interrupted
or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the
charges, or failure of the complainant to prosecute the same, unless the Supreme Court motu propio
or upon recommendation of the IBP Board of Governors, determines that there is no compelling
reason to continue with the disbarment or suspension proceedings against the respondent.”

(Amendment pursuant to Supreme Court Resolution dated May 27, 1993 re Bar Matter No. 356)

“Section 12. Review and recommendation by the Board of Governors.

a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the
record and evidence transmitted to it by the Investigator with his report.

b) After its review, the Board, by the vote of a majority of its total membership, shall recommend to the
Supreme Court the dismissal of the complaint or the imposition of disciplinary action against the
respondent.

The Board shall issue a resolution setting forth its findings and recommendations, clearly and
distinctly stating the facts and the reasons on which it is based.

The resolution shall be issued within a period not exceeding thirty (30) days from the next meeting of
the Board following the submission of the Investigator's report.

c) The Board's resolution, together with the entire records and all evidence presented and submitted,
shall be transmitted to the Supreme Court for final action within ten (10) days from issuance of the
resolution.

d) Notice of the resolution of the Board shall be given to all parties through their counsel, if any.”

B.         PROCEEDINGS IN THE SUPREME COURT

“Section 13. Investigation of complaints. - In proceedings initiated by the Supreme Court, or in other

proceedings when the interest of justice so requires, the Supreme Court may refer the case for
investigation to the Office of the Bar Confidant, or to any officer of the Supreme Court or judge of a
lower court, in which case the investigation shall proceed in the same manner provided in sections 6
to 11 hereof, save that the review of the report of investigation shall be conducted directly by the
Supreme Court.

The complaint may also be referred to the IBP for investigation, report, and recommendation.”

C.         COMMON PROVISIONS

“Section 15. Suspension of attorney by Supreme Court. - After receipt of respondent's answer or

lapse of the period therefor, the Supreme Court, motu propio, or upon the recommendation of the IBP
Board of Governors, may suspend an attorney from the practice of his profession for any of the
causes specified in Rule 138, section 27, during the pendency of the investigation until such
suspension is lifted by the Supreme Court.”

The amendments shall take effect fifteen (15) days after publication in a newspaper of
general circulation.
 The Integrated Bar of the Philippines is ordered to revise its rules of procedure in accordance
with the amendments to Rule 139-B.

Bar Matter No. 1153

Quoted hereunder, for your information, is a resolution of the Court En Banc dated
March 9, 2010
"B.M. No. 1153 (Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms in the Bar
Examinations Through Amendments to Rule 138 of the Rules of Court). - The Court
Resolved to APPROVE the proposed amendments to Sections 5 and 6 of Rule 138, to
wit:
SEC. 5.Additional Requirement for Other Applicants. — All applicants for admission
other than those referred to in the two preceding sections shall, before being
admitted to the examination, satisfactorily show that they have successfully
completed all the prescribed courses for the degree of Bachelor of Laws or its
equivalent degree, in a law school or university officially recognized by the Philippine
Government or by the proper authority in the foreign jurisdiction where the degree
has been granted.
No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be
admitted to the bar examination unless he or she has satisfactorily completed the
following course in a law school or university duly recognized by the government:
civil law, commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical jurisprudence,
taxation and legal ethics.
A Filipino citizen who graduated from a foreign law school shall be admitted to the
bar examination only upon submission to the Supreme Court of certifications
showing: (a) completion of all courses leading to the degree of Bachelor of Laws or its
equivalent degree; (b) recognition or accreditation of the law school by the proper
authority; and (c) completion of all the fourth year subjects in the Bachelor of Laws
academic program in a law school duly recognized by the Philippine Government.
SEC. 6.Pre-Law. — An applicant for admission to the bar examination shall present a
certificate issued by the proper government agency that, before commencing the
study of law, he or she had pursued and satisfactorily completed in an authorized and
recognized university or college, requiring for admission thereto the completion of a
four-year high school course, the course of study prescribed therein for a bachelor's
degree in arts or sciences.
 A Filipino citizen who completed and obtained his or her Bachelor of Laws degree or
its equivalent in a foreign law school must present proof of having completed a
separate bachelor's degree course.
The Clerk of Court, through the Office of the Bar Confidant, is hereby directed to
CIRCULARIZE this resolution among all law schools in the country."

B.M. No. 850     August 22, 2000

MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR

Considering the Rules on Mandatory Continuing Legal Education (MCLE) for members of the Integrated Bar of the Philippines (IB
adopts, the following rules for proper implementation:

Section 1. Purpose of the MCLE

Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their ca

Section 1. Constitution of the MCLE Committee

Within two (2) months from the approval of these Rules by the Supreme Court En Banc, the MCLE Committee shall be constitute

Section 2. Requirements of completion of MCLE

Members of the IBP not exempt under Rule 7 shall complete, every three (3) years, at least thirty-six (36) hours of continuing lega

(a) At least six (6) hours shall be devoted to legal ethics.

(b) At least (4) hours shall be devoted to trial and pretrial skills.

(c) At least five (5) hours shall be devoted to alternative dispute resolution.

(d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and jurisprudence.

(e) At least four (4) hours shall be devoted to legal writing and oral advocacy.

(f) At least two (2) hours shall be devoted to international law and international conventions.

(g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee.

Section 1. Initial compliance period

The initial compliance period shall begin not later than three (3) months from the constitution of the MCLE Committee. Except for
previous compliance period.

Section 2. Compliance Group 1.

Members in the National Capital Region (NCR) or Metro Manila shall be permanently assigned to Compliance Group 1.

Section 3. Compliance Group 2.

Members in Luzon outside NCR shall be permanently assigned to Compliance Group 2.

Section 4. Compliance Group 3.

Members in Visayas and Mindanao shall be permanently assigned to Compliance Group 3.

Section 5. Compliance period for members admitted or readmitted after establishment of the program.

Members admitted or readmitted to the Bar after the establishment of the program shall be permanently assigned to the appropri

The initial compliance period after admission or readmission shall begin on the first day of the month of admission or readmission

(a) Where four (4) months or less remain of the initial compliance period after admission or readmission, the mem

(b) Where more than four (4) months remain of the initial compliance period after admission or readmission, the m
readmitted. Such member shall be required to complete a number of hours of education in legal ethics in proportio
Section 1. Guidelines

The following are the guidelines for computation of credit units (CU):

1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS, WORKS

1.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF ATTENDANCE WITH NUMBER OF HOURS

1.2 LECTURER 5 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S CERTIFICATION

1.3 RESOURCE 3 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S SPEAKER CERTIFICA

1.4 ASSIGNED 2 CU PER HOUR CERTIFICATION FROM SPONSORING PENALIST/ ORGANIZATION

1.5 MODERATOR/ 2 CU PER HOUR CERTIFICATION FROM SPONSORING COORDINATOR/ ORGAN

2. AUTHORSHIP, EDITING AND REVIEW

2.1 RESEARCH/ 5-10 CREDIT UNITS DULY CERTIFIED/PUBLISHED INNOVATIVE TECHNICAL REPO

2.2 BOOK 50-100 PP 101+ PUBLISHED BOOK SINGLE AUTHOR 12-16 CU 17-20 CU
2 AUTHORS 10-12 CU 13-16 CU
3 OR MORE 5-6 CU 7-11 CU

2.3 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED BOOK WITH PROOF AUTHORSHIP AS EDITOR C

2.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE SINGLE AUTHOR 6 CU 8 CU

2 AUTHORS 4 CU 6 CU
3 OR MORE 2 CU 4 CU

2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED NEWSLETTER/JOURNAL NEWSLETTER/LAW JOURNAL

3. PROFESSIONAL 6 CU PER CHAIR CERTIFICATION OF LAW DEAN CHAIR/BAR 1 CU PER LECTURE OR

Section 2. Limitation on certain credit units

In numbers 2 and 3 of the guidelines in the preceding Section, the total maximum credit units shall not exceed twenty (20) hours

Section 1. Classes of credits

The credits are either participatory or non-participatory.

Section 2. Claim for participatory credit

Participatory credit may be claimed for:

(a) Attending approved education activities like seminars, conferences, symposia, in-house education programs, w

(b) Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker, moderator, coo

(c) Teaching in a law school or lecturing in a bar review class.

Section 3. Claim for non-participatory credit

Non-participatory credit may be claimed per compliance period for:

(a) Preparing, as an author or co-author, written materials published or accepted for publication, e.g., in the form o

(b) Editing a law book, law journal or legal newsletter.

Section 1. Computation of credit hours

Credit hours are computed based on actual time spent in an activity (actual instruction or speaking time), in hours to the nearest o

Section 1. Parties exempted from the MCLE

The following members of the Bar are exempt from the MCLE requirement:

(a) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executiv

(b) Senators and Members of the House of Representatives;

(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judicia

(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice;

(e) The Solicitor General and the Assistant Solicitor General;

(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;

(g) The Chairmen and Members of the Constitutional Commissions;

(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special Prosecutor of th

(i) Heads of government agencies exercising quasi-judicial functions;

(j) Incumbent deans, bar reviews and professors of law who have teaching experience for at least 10 years accred

(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lectures of the Ph
 (l) Governors and Mayors.

Section 2. Other parties exempted from the MCLE

The following Members of the Bar are likewise exempt:

(a) Those who are not in law practice, private or public.

(b) Those who have retired from law practice with the approval of the IBP Board of Governors.

Section 3. Good cause for exemption from or modification of requirement

A member may file a verified request setting forth good cause for exemption (such as physical disability, illness, post graduate stu
MCLE Committee.

Section 4. Change of status

The compliance period shall begin on the first day of the month in which a member ceases to be exempt under Sections 1, 2, or 3

Section 5. Proof of exemption

Applications for exemption from or modification of the MCLE requirement shall be under oath and supported by documents.

Section 1. Approval of MCLE program

Subject to the rules as may be adopted by the MCLE Committee, continuing legal education program may be granted approval in
continuing legal education.

Section 2. Standards for all education activities

All continuing legal education activities must meet the following standards:

(a) The activity shall have significant current intellectual or practical content.

(b) The activity shall constitute an organized program of learning related to legal subjects and the legal profession

(c) The activity shall be conducted by a provider with adequate professional experience.

(d) Where the activity is more than one (1) hour in length, substantive written materials must be distributed to all p

(e) In-house education activities must be scheduled at a time and location so as to be free from interruption like te

Section 1. Approval of providers

Approval of providers shall be done by the MCLE Committee.

Section 2. Requirements for approval of providers

Any persons or group may be approved as a provider for a term of two (2) years, which may be renewed, upon written application

(a) Be submitted on a form provided by the IBP;

(b) Contain all information requested on the form;

(c) Be accompanied by the approval fee;

Section 3. Requirements of all providers

All approved providers shall agree to the following:

(a) An official record verifying the attendance at the activity shall be maintained by the provider for at least four (4)
of attendance shall contain the member's name and number in the Roll of Attorneys and shall identify the time, da

(b) The provider shall certify that:

(1) This activity has been approved for MCLE by the IBP in the amount of ________ hours of which hours

(2) The activity conforms to the standards for approved education activities prescribed by these Rules and

(c) The provider shall issue a record or certificate to all participants identifying the time, date, location, subject ma

(d) The provider shall allow in-person observation of all approved continuing legal education activities by member

(e) The provider shall indicate in promotional materials, the nature of the activity, the time devoted to each devote

(f) The provider shall maintain the completed Education Activity Evaluation Forms for a period of not less than one

(g) Any person or group who conducts an unauthorized activity under this program or issues a spurious certificate

Section 4. Renewal of provider approval

The approval of a provider may be renewed every two (2) years. It may be denied if the provider fails to comply with any of the re

Section 5. Revocation of provider approval

The approval of any provider referred to in Rule 9 may be revoked by a majority vote of the IBP Board of Governors, upon recom

Section 1. Payment of fees

Application for approval of an education activity or as a provider requires payment of an appropriate fee.
Section 1. Compliance card

Each member shall secure from the MCLE Committee a Compliance Card before the end of his compliance period. He shall com
indicated therein not later than the day after the end of the member's compliance period.

Section 2. Member record keeping requirement

Each member shall maintain sufficient record of compliance or exemption, copy furnished the MCLE Committee. The record requ
maintained by the member, as referred to in Section 3 of Rule 5.

Section 1. What constitutes non-compliance

The following shall constitute non-compliance

(a) Failure to complete the education requirement within the compliance period;

(b) Failure to provide attestation of compliance or exemption;

(c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescrib

(d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days fro

(e) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance w

Section 2. Non-compliance notice and 60-day period to attain compliance

A member failing to comply will receive a Non-Compliance Notice stating the specific deficiency and will be given sixty (60) days

YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE OR PROOF OF COMPL

The Member may use this period to attain the adequate number of credit hours for compliance. Credit hours earned during this p
the current compliance period requirement. lawphil.net

Section 1. Non-compliance fee

A member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a non-compliance fee.

Section 2. Listing as delinquent member

Any member who fails to satisfactorily comply with Section 2 of Rule 12 shall be listed as a delinquent member by the IBP Board

Section 1. Process
The involuntary listing as a delinquent member shall be terminated when the member provides proof of compliance with the MCL
status. These credit hours may not be counted toward meeting the current compliance period requirement. Credit hours attained

Section 2. Termination of delinquent listing administrative process

The termination of listing as a delinquent member is administrative in nature but it shall be made with notice and hearing by the M

Section 1. Composition

The MCLE Committee shall be composed of five (5) members, namely: a retired Justice of the Supreme Court, as Chair, and fou

The members of the Committee shall be of proven probity and integrity. They shall be appointed by the Supreme Court for a term

Section 2. Duty of the Committee

The MCLE Committee shall administer and adopt such implementing rules as may be necessary subject to the approval by the S

Section 3. Staff of the IBP

The IBP shall employ such staff as may be necessary to perform the record-keeping, auditing, reporting, approval and other nece

Section 4. Submission of annual budget

The IBP shall submit to the Supreme Court an annual budget for a subsidy to establish, operate and maintain the MCLE Program

This resolution shall take effect in October 2000, following its publication in two (2) newspaper of general circulation in the Philipp

Adopted this 22nd day of August, 2000.

August 01, 2019

NEW LAW STUDENT PRACTICE RULE

(A.M. NO. 19-03-24-SC)
The Supreme Court en banc, on June 25, 2019, adopted and
promulgated A.M. No. 19-03-24-SC Rule 138-A Law Student Practice,
otherwise known as the Revised Law Student Practice Rule (Revised Rule).
The Revised Rule is an amendment to the existing provisions of Rule 138-A of
the Rules of Court. A salient feature of the Revised Rule is that a law
student must now be certified to be able to engage in the limited
practice of law.
What are its most important features?

[1] The Rule covers the limited practice of law by students certified under
the Clinical Legal Education Program (CLEP) of the law school. Examples of
law practice allowed are:

[a] Appearances;
[b] Drafting and submission of pleadings and documents before trial and
appellate courts and quasi-judicial and administrative bodies;
[c] Assistance in mediation, legal counselling and advice; and
[d] Others mentioned under Section 1.

[2] The Rule requires that law students, before engaging in practice of law via
the Clinical Legal Education Program (CLEP), must first apply for and secure
the following:

[a] Level 1 Certification for those who have completed the 1st year; and/or
[b] Level 2 Certification for those who are currently enrolled in their third
year, second Semester under Section 3.

[3] Section 4 enumerates the areas of law student-practitioners can engage in

in accordance with their certification.

[4] Section 5 enumerates the requirements for certification application.

[5] Section 6 enumerates the duties of a law student-practitioner. It says that

they are bound by the Code of Professional Responsibility.

[6] Section 7 is the counterpart of the lawyer's signature provision under the
Rules of Court. A law student practitioner may sign briefs, pleadings, letters
and other similar documents under the direction of the supervising lawyer and
indicating his/her practitioner's certificate number.

[7] Section 9 enumerates the duties of law schools, one of which is to develop
and maintain a legal clinic.
[8] Sections 10 and 11 provide for the qualifications and duties of
supervising lawyers. Unfortunately, the Rule requires the personal
appearance of the supervising lawyer with the law student-
practitioner.
[9] The Rule provides for appropriate sanctions in cases of violation (Section
13).

[10] The Rule shall take effect at the start of school year 2020-2021.

[11] Rule 138, Section 5 has been amended by this Rule, regarding the
prerequisites to take the 2023 bar examination.

Pursuant to the provisions of Section 5(5), Article VIII of the 1987

Constitution, the Supreme Court used its power to adopt and promulgate rules
concerning legal assistance to the underprivileged through the amendment of
the provisions of Rule 138-A. This amendment ensures access to justice of the
marginalized sectors, enhances learning opportunities of law students by
instilling in them the value of legal professional social responsibility, and to
prepare them for the practice of law. The Supreme Court also addressed the
need to institutionalize clinical legal education program in all law schools in
order to enhance, improve, and streamline law student practice, and regulate
their limited practice of law. The Revised Rule is now more comprehensive
with 14 sections and shall take effect at the start of the Academic Year 2020-
2021 following its publication in two newspapers of general circulation.

Under Section 3 of the Revised Rule, a law student shall apply for and secure a
Level 1 or 2 Certification, as the case may be, in order to be permitted to
engage in any of the activities under the Clinical Legal Education Program of a
law school. The basic distinction between the two levels involve the minimum
academic requirement the law student has successfully completed: for Level 1
Certification – first-year law courses, while for Level 2 Certification – third-
year law courses.

Section 4 enumerates the practice areas for law student practitioners for both
Level 1 and 2 Certifications. Section 5 itemizes the certification application
requirements, which include a duly-accomplished application form under oath
in three copies accompanied by proof of payment of the necessary legal and
filing fees. It also distinguishes where each level certification is valid. Level 1 is
valid before all courts, quasi-judicial and administrative bodies within the
judicial region where the law school is located, whereas Level 2 is valid before
 all courts, quasi-judicial and administrative bodies.

Once the law student is certified, the certificate number must be used in
signing briefs, pleadings, letters, and other similar documents produced under
the direction of a supervising lawyer. (Section 7) The law student shall also
take the Law Student Practitioner’s Oath, a modified lawyer’s oath, under
Section 8 before engaging in the limited practice of law.

The duties of law student practitioners, law schools, and supervising lawyers
are also enumerated in Sections 6, 9, and 11 respectively.

The Revised Rule also enumerates in Section 13 acts considered as

unauthorized practice of lawas well as the corresponding sanctions, without
prejudice to existing laws, rules, regulations, and circulars. It stresses that
“unauthorized practice of law shall be a ground for revocation of the law
student practitioner’s certification and/or disqualification for a law student
from taking the bar examinations for a period to be determined by the
Supreme Court.” (Supreme Court Media (2019). SC Adopts Revisions to the L

Begun held in Metro Manila on Monday, the twenty-eighth day of July, two thousand three.

Republic Act No. 9225             August 29, 2003

AN ACT MAKING
AMENDING FO

Be it e
Section 1. Short Title – this act shall be known as the "Citizenship Retention and Re-acquisition Act of 2003."

Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another country sh

Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-born citizenship

"I _____________________, solemny swear (or affrim) that I will support and defend the Constitution of the Rep
Philippines and will maintain true faith and allegiance thereto; and that I imposed this obligation upon myself vol

Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain thei

Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years

Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship under this Act sha

(1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1, Article V of

(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as r
to administer an oath;

(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the

(4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a licens

(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or

(a) are candidates for or are occupying any public office in the country of which they are naturalized citiz

(b) are in active service as commissioned or non-commissioned officers in the armed forces of the coun

Section 6. Separability Clause - If any section or provision of this Act is held unconstitutional or invalid, any other section or p

Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations inconsistent with the provisions of this Act are h

Section 8. Effectivity Clause – This Act shall take effect after fifteen (15) days following its publication in the Official Gazette o

Approved: August 29, 2003

Today is Friday, November 06, 2020

   Constitution
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Today is Friday, November 06, 2020

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Republic of the Philippines

SUPREME COURT
Manila

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,
AMEND Sec. 12 (a). Rule II of the 2004 Rules on Notarial Practice, to wit:

Sirs/Mesdames:

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 o
the Sub Committee on the Revision of the Rules Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of th
2004 Rules on Notarial Practice, to wit:

Rule II

DEFINITIONS

xxx

"Sec. 12. Component Evidence of Identity. The phrase "competent evidence of identity" refers to the identificatio
of an individual based on:

(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, driver’s license, Professional Regulations
Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter’s ID,
 Barangay certification, Government Service and Insurance System (GSIS) e-card, Social Security Syste
(SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID,
OFW ID, seaman’s book, alien certificate of registration/immigrant certificate of registration, government
office ID, certification from the National Council for the Welfare of Disable Persons (NCWDP), Departme
of Social Welfare and Development (DSWD) certification; or

(b) xxxx."

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

(adv127a)

Very truly yours.

MA. LUISA D. VILLARAMA (sgd)

Clerk of Court

The Lawphil Project - Arellano Law Foundation

Congress of the Philippines

Twelfth Congress
Third Regular Session

Begun held in Metro Manila on Monday, the twenty-eighth day of July, two thousand three.

Republic Act No. 9225             August 29, 2003

AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Short Title – this act shall be known as the "Citizenship Retention and Re-acquisition Act of 2003."

Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another country sh
be deemed not to have lost their Philippine citizenship under the conditions of this Act.

Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-born citizenship
by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship
upon taking the following oath of allegiance to the Republic:

"I _____________________, solemny swear (or affrim) that I will support and defend the Constitution of the
Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities o
the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and w
maintain true faith and allegiance thereto; and that I imposed this obligation upon myself voluntarily without
mental reservation or purpose of evasion."

Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain thei
Philippine citizenship upon taking the aforesaid oath.

Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years
of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines.

Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship under this Act sha
enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the
Philippines and the following conditions:

(1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1, Article V of
the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003" and
other existing laws;

(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as
required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a
personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to
administer an oath;

(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the
Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they renounce
their oath of allegiance to the country where they took that oath;

(4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a licens
or permit to engage in such practice; and

(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or
extended to, those who:

(a) are candidates for or are occupying any public office in the country of which they are naturalized
citizens; and/or

(b) are in active service as commissioned or non-commissioned officers in the armed forces of the
country which they are naturalized citizens.

Section 6. Separability Clause - If any section or provision of this Act is held unconstitutional or invalid, any other section or
provision not affected thereby shall remain valid and effective.

Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Section 8. Effectivity Clause – This Act shall take effect after fifteen (15) days following its publication in the Official Gazette o
two (2) newspaper of general circulation.
 JOSE DE VENECIA JR.
Approved,FRANKLIN DRILON Speaker of the House of
President of the Senate Representatives
G. YABES ROBERTO P. NAZARENO
Secretary of Senate Secretary General
House of Represenatives
Approved: August 29, 2003

GLORIA MACAPAGAL-ARROYO
President of the Philippines

2004 Rules on Notarial Practice – A.M. No. 02-8-13-SC, SC En

Banc Resolution dated 6 July 2004

 
 
 
 
 
 

EN BANC
A.M. No. 02-8-13-SC
RESOLUTION
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:
2004 Rules on Notarial Practice
RULE I
IMPLEMENTATION
SECTION 1. Title. – These Rules shall be known as the 2004 Rules on Notarial
Practice.
SEC. 2. Purposes. – These Rules shall be applied and construed to advance the
following purposes:
(a) to promote, serve, and protect public interest;

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(b) to simplify, clarify, and modernize the rules governing notaries public; and

(c) to foster ethical conduct among notaries public.

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

(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

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

SEC. 2. Affirmation or Oath. – The term “Affirmation” or “Oath” refers to an act in

which an individual on a single occasion:
(a) appears in person before the notary public;

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

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

SEC. 3. Commission. – “Commission” refers to the grant of authority to perform

notarial acts and to the written evidence of the authority.
SEC. 4. Copy Certification. – “Copy Certification” refers to a notarial act in which a
notary public:
(a) is presented with an instrument or document that is neither a vital record, a public
record, nor publicly recordable;
(b) copies or supervises the copying of the instrument or document;

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

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

SEC. 5. Notarial Register. – “Notarial Register” refers to a permanently bound book

with numbered pages containing a chronological record of notarial acts performed by
a notary public.
SEC. 6. Jurat. – “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 as defined by these Rules;

(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.

SEC. 7. Notarial Act and Notarization. – “Notarial Act” and “Notarization” refer to any
act that a notary public is empowered to perform under these Rules.
SEC. 8. Notarial Certificate. – “Notarial Certificate” refers to the part of, or attachment
to, a notarized instrument or document that is completed by the notary public, bears
the notary’s signature and seal, and states the facts attested to by the notary public
in a particular notarization as provided for by these Rules.
SEC. 9. Notary Public and Notaty. – “Notary Public” and “Notary” refer to any person
commissioned to perform official acts under these Rules.
SEC. 10. Principal. – “Principal” refers to a person appearing before the notary public
whose act is the subject of notarization.
SEC. 11. Regular Place of Work or Business. –  The term “regular place of work or
business” refers to a stationary office in the city or province wherein the notary public
renders legal and notarial services.
SEC. 12. Competent Evidence of Identity. –  The phrase “competent evidence of
identity” refers to the identification of an individual based on:
(a) at least one current identification document issued by an official agency bearing
the photograph and signature of the individual; or

(b) the oath or affirmation of one credible witness not privy to the instrument,
document or transaction who is personally known to the notary public and who
personally knows the individual, or of two credible witnesses neither of whom is privy
to the instrument, document or transaction who each personally knows the individual
and shows to the notary public documentary identification.
SEC. 13. Official Seal or Seal.  – “Official seal” or “Seal” refers to a device for affixing a
mark, image or impression on all papers officially signed by the notary public
conforming the requisites prescribed by these Rules.
SEC. 14. Signature Witnessing. -The term “signature witnessing” refers to a notarial
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 as defined by these Rules; and

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

SEC. 15. Court. – “Court” refers to the Supreme Court of the Philippines.

SEC. 16. Petitioner. – “Petitioner” refers to a person who applies for a notarial
commission.
SEC. 17. Office of the Court Administrator. – “Office of the Court Administrator” refers
to the Office of the Court Administrator of the Supreme Court.
SEC. 18. Executive Judge. – “Executive Judge” refers to the Executive Judge of the
Regional Trial Court of a city or province who issues a notarial commission.
SEC. 19. Vendor – “Vendor” under these Rules refers to a seller of a notarial seal
and shall include a wholesaler or retailer.

SEC. 20. Manufacturer. –  “Manufacturer” under these Rules refers to one who

produces a notarial seal and shall include an engraver and seal maker.
RULE III
COMMISSIONING OF NOTARY PUBLIC
SECTION 1. Qualifications. – A notarial commission may be issued by an Executive
Judge to any qualified person who submits a petition in accordance with these
Rules.
To be eligible for commissioning as notary public, the petitioner:

(1) must be a citizen of the Philippines;

(2) must be over twenty-one (21) years of age;

(3) must be a resident in the Philippines for at least one (1) year and maintains a
regular place of work or business in the city or province where the commission is to
be issued;

(4) must be a member of the Philippine Bar in good standing with clearances from
the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the
Philippines; and

(5) must not have been convicted in the first instance of any crime involving moral
turpitude.
SEC. 2. Form of the Petition and Supporting Documents. – Every petition for a notarial
commission shall be in writing, verified, and shall include the following:
(a) a statement containing the petitioner’s personal qualifications, including the
petitioner’s date of birth, residence, telephone number, professional tax receipt, roll
of attorney’s number and IBP membership number; ,

(b) certification of good moral character of the petitioner by at least two (2) executive
officers of the local chapter of the Integrated Bar of the Philippines where he is
applying for commission;

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

(d) three (3) passport-size color photographs with light background taken within thirty
(30) days of the application. The photograph should not be retouched. The petitioner
shall sign his name at the bottom part of the photographs.

SEC. 3. Application Fee. – Every petitioner for a notarial commission shall pay the
application fee as prescribed in the Rules of Court.
SEC. 4. Summary Hearing on the Petition. – The Executive Judge shall conduct a
summary hearing on the petition and shall grant the same if:
(a) the petition is sufficient in form and substance;

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

(c) the petitioner establishes to the satisfaction of the Executive Judge that he has
read and fully understood these Rules.

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

Authorization to Purchase a Notarial Seal in favor of the petitioner.

SEC. 5. Notice of Summary Hearing. – (a) The notice of summary hearing shall be
published in a newspaper of general circulation in the city or province where the
hearing shall be conducted and posted in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court. The cost of the publication shall be borne
by the petitioner. The notice may include more than one petitioner.
(b) The notice shall be substantially in the following form;

NOTICE OF HEARING
Notice is hereby given that a summary hearing on the petition for notarial
commission of (name of petitioner) shall be held on (date) at (place) at (time). Any
person who has any cause or reason to object to the grant of the petition may file a
verified written opposition thereto, received by the undersigned before the date of the
summary hearing.
______________

Executive Judge
SEC. 6. Opposition to Petition. – Any person who has any cause or reason to object to
the grant of the petition may file a verified written opposition thereto. The opposition
must be received by the Executive Judge before the date of the summary hearing.
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 form:
REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ______________

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

in (city or province) was on this (date) day of (month) two thousand and (year)
commissioned by the undersigned as a notary public, within and for the said
jurisdiction, for a term ending the thirty-first day of December (year)
_______________

Executive Judge

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

–  The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a
period of three (3) months from date of issue, unless extended by the Executive
Judge.
A mark, image or impression of the seal that may be purchased by the notary public
pursuant to the Certificate shall be presented to the Executive Judge for approval
prior to use.

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

Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the
following form:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF_____________
CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL
This is to authorize (name of notary public) of (city or province) who was
commissioned by the undersigned as a notary public, within and for the said
jurisdiction, for a term ending, the thirty-first of December (year) to purchase a
notarial seal.
Issued this (day) of (month) (year).
_______________

Executive Judge

SEC. 10. Official Seal of Notary Public. – Every person commissioned as notary public
shall have only one official seal of office in accordance with these Rules.
SEC. 11. Jurisdiction and Term. –  A person commissioned as notary public may
perform notarial acts in any place within the territorial jurisdiction of the
commissioning court for a period of two (2) years commencing the first day of
January of the year in which the commissioning is made, unless earlier revoked or
the notary public has resigned under these Rules and the Rules of Court.
SEC. 12. Register of Notaries Public. –  The Executive Judge shall keep and maintain a
Register of Notaries Public in his jurisdiction which shall contain, among others, the
dates of issuance or revocation or suspension of notarial commissions, and the
resignation or 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 of the Court Administrator shall keep a permanent, complete and
updated database of such records.
SEC. 13. Renewal of Commission. – A notary public may file a written application with
the Executive Judge for the renewal of his commission within forty-five (45) days
before the expiration thereof. A mark, image or impression of the seal of the notary
public shall be attached to the application.
Failure to file said application will result in the deletion of the name of the notary
public in the register of notaries public.

The notary public thus removed from the Register of Notaries Public may only be
reinstated therein after he is issued a new commission in accordance with these
Rules.

SEC. 14. Action on Application for Renewal of Commission. – The Executive Judge

shall, upon payment of the application fee mentioned in Section 3 above of this Rule,
act on an application for the renewal of a commission within thirty (30) days from
receipt thereof. If the application is denied, the Executive Judge shall state the
reasons therefor.
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
SECTION 1. Powers. – (a) A notary public is empowered to perform the following
notarial acts:

(1) acknowledgments;

(2) oaths and affirmations;

(3) jurats;

(4) signature witnessings;

(5) copy certifications; and

(6) any other act authorized by these Rules.

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

other mark on an instrument or document presented for notarization if:
(1)the thumb or other mark is affixed in the presence of the notary public and of two
(2) disinterested and unaffected witnesses to the instrument or document;

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

(3) the notary public writes below the thumb or other mark: “Thumb or Other Mark
affixed by (name of signatory by mark) in the presence of (names and addresses of
witnesses) and undersigned notary public”; and
(4) the notary public notarizes the signature by thumb or other mark through an
acknowledgment, jurat, or signature witnessing.

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

unable to sign or make a mark on an instrument or document if:

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

(2) the signature of the notary public is affixed in the presence of two disinterested
and unaffected witnesses to the instrument or document;

(3) both witnesses sign their own names ;

(4) the notary public writes below his signature: “Signature affixed by notary in
presence of (names and addresses of person and two \2] witnesses)”; and
(5) the notary public notarizes his signature by acknowledgment or jurat.

SEC. 2. Prohibitions. – (a) A notary public shall not perform a  notarial act outside his
regular place of work or business; provided, however, that on certain exceptional
occasions or situations, a notarial act may be performed at the request of the parties
in the following sites located within his territorial jurisdiction:
(1) public offices, convention halls, and similar places where oaths of office may be
administered;

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

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

document is confined for treatment; and

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

under detention.

(b) A person shall not perform a notarial act if the person involved as signatory to the
instrument or document –
(1) is not in the notary’s presence personally at the time of the notarization; and

(2) is not personally known to the notary public or otherwise identified by the notary
public through competent evidence of identity as defined by these Rules.

SEC. 3. Disqualifications. – A notary public is disqualified from performing a notarial

act if he:
(a) is a party to the instrument or document that is to be notarized;
(b) will receive, as a direct or indirect result, any commission, fee, advantage, right,
title, interest, cash, property, or other consideration, except as provided by these
Rules and by law; or

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

consanguinity of the principal within the fourth civil degree.

SEC. 4. Refusal to Notarize. – A notary public shall not perform any notarial act
described in these Rules for any person requesting such an act even if he tenders
the appropriate fee specified by these Rules if:
(a) the notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral;

(b) the signatory shows a demeanor which engenders in the mind of the notary
public reasonable doubt as to the former’s knowledge of the consequences of the
transaction requiring a notarial act; and

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

SEC. 5. False or Incomplete Certificate. – A notary public shall not:

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

false.

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

SEC. 6. Improper Instruments or Documents. – A notary public shall not notarize:
(a) a blank or incomplete instrument or document; or

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

RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver of Fees. – For performing a notarial act, a notary
public may charge the maximum fee as prescribed by the Supreme Court unless he
waives the fee in whole or in part.
SEC. 2. Travel Fees and Expenses. –  A notary public may charge travel fees and
expenses 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 notarial act agree prior to the travel.
SEC. 3. Prohibited Fees. – No fee or compensation of any kind, except those
expressly prescribed and allowed herein, shall be collected or received for any
notarial service.
SEC. 4. Payment or Refund of Fees. – A notary public shall not require payment of any
fees specified herein prior to the performance of a notarial act unless otherwise
agreed upon.
Any travel fees and expenses paid to a notary public prior to the performance of a
notarial act are not subject to refund if the notary public had already traveled but
failed to complete in whole or in part the notarial act for reasons beyond his control
and without negligence on his part.

SEC. 5. Notice of Fees. –  A notary public who charges a fee for notarial services shall
issue a receipt registered with the Bureau of Internal Revenue and keep a journal of
notarial fees. He shall enter in the journal all fees charged for services rendered.
A notary public shall post in a conspicuous place in his office a complete schedule of
chargeable notarial fees.

RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. – (a) A notary public shall keep, maintain,
protect and provide for lawful inspection as provided in these Rules, a chronological
official notarial register of notarial acts consisting of a permanently bound book with
numbered pages.
The register shall be kept in books to be furnished by the Solicitor General to any
notary public upon request and upon payment of the cost thereof. The register shall
be duly paged, and on the first page, the Solicitor General shall certify the number of
pages of which the book consists.

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

be entered into by the Office of the Solicitor General and the Office of the Court
Administrator.

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

SEC. 2. Entries in the Notarial Register. – (a) For every notarial act, the notary shall
record in the notarial register at the time of notarization the following:
(1) the entry number and page number;

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

(3) the type of notarial act;

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

(5) the name and address of each principal;

(6) the competent evidence of identity as defined by these Rules if the signatory is
not personally known to the notary;

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

(8) the fee charged for the notarial act;

(9) the address where the notarization was performed if not in the notary’s regular
place of work or business; and

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

(b) A notary public shall record in the notarial register the reasons and circumstances
for not completing a notarial act.

(c) A notary public shall record in the notarial register the circumstances of any
request to inspect or copy an entry in the notarial register, including the requester’s
name, address, signature, thumbmark or other recognized identifier, and evidence of
identity. The reasons for refusal to allow inspection or copying of a journal entry shall
also be recorded.

(d) When the instrument or document is a contract, the notary public shall keep an
original copy thereof as part of his records and enter in said records a brief
description of the substance thereof and shall give to each entry a consecutive
number, beginning with number one in each calendar year. He shall also retain a
duplicate original copy for the Clerk of Court.

(e) The notary public shall give to each instrument or document executed, sworn to,
or acknowledged before him a number corresponding to the one in his register, and
shall also state on the instrument or document the page/s of his register on which the
same is recorded. No blank line shall be left between entries.

(f) In case of a protest of any draft, bill of exchange or promissory note, the notary
public shall make a full and true record of all proceedings in relation thereto and shall
note therein whether the demand for the sum of money was made, by whom, when,
and where; whether he presented such draft, bill or note; whether notices were
given, to whom and in what manner; where the same was made, when and to whom
and where directed; and of every other fact touching the same.

(g) At the end of each week, the notary public shall certify in his notarial register the
number of instruments or documents executed, sworn to, acknowledged, or
protested before him; or if none, this certificate shall show this fact.
(h) A certified copy of each month’s entries and a duplicate original copy of any
instrument 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 officer. If there is no entry to certify for the month, the notary
shall forward a statement to this effect in lieu of certified copies herein required.

SEC. 3. Signatures and Thumbmarks. – At the time of notarization, the notary’s notarial
register shall be signed or a thumb or other mark affixed by each:
(a) principal;

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

(c) witness to a signature by thumb or other mark, or to a signing by the notary public
on behalf of a person physically unable to sign.

SEC. 4. Inspection, Copying and Disposal. – (a) In the notary’s presence, any person
may inspect an entry in the notarial register, during regular business hours, provided;
(1) the person’s identity is personally known to the notary public or proven through
competent evidence of identity as defined in these Rules;

(2) the person affixes a signature and thumb or other mark or other recognized
identifier, in the notarial .register in a separate, dated entry;

(3) the person specifies the month, year, type of instrument or document, and name
of the principal in the notarial act or acts sought; and

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

(b) The notarial register may be examined by a law enforcement officer in the course
of an official investigation or by virtue of a court order.

(c) If the notary public has a reasonable ground to believe that a person has a
criminal intent or wrongful motive in requesting information from the notarial register,
the notary shall deny access to any entry or entries therein.

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

register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or
illegible as a record of notarial acts, the notary public shall, within ten (10) days after
informing the appropriate law enforcement agency in the case of theft or vandalism,
notify the Executive Judge by any means providing a proper receipt or
acknowledgment, including registered mail and also provide a copy or number of any
pertinent police report.
(b) Upon revocation or expiration of a notarial commission, or death of the notary
public, the notarial register and notarial records shall immediately be delivered to the
office of the Executive Judge.
SEC. 6. Issuance of Certified True Copies. – The notary public shall supply a certified
true copy of the notarial record, or any part thereof, to any person applying for such
copy upon payment of the legal fees.
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. – In notarizing a paper instrument or document, a
notary public shall:
(a) sign by hand on the notarial certificate only the name indicated and as appearing
on the notary’s commission;

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

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

SEC. 2. Official Seal. –  (a) Every person commissioned as notary public shall have a
seal of office, to be procured at his own expense, which shall not be possessed or
owned by any other person. It shall be of metal, circular in shape, two inches in
diameter, and shall have the name of the city or province and the word “Philippines”
and his own name on the margin and the roll of attorney’s number on the face
thereof, with the words “notary public” across the center. A mark, image or
impression of such seal shall be made directly on the paper or parchment on which
the writing appears.
(b) The official seal shall be affixed only at the time the notarial act is performed and
shall be clearly impressed by the notary public on every page of the instrument or
document notarized.

(c) When not in use, the official seal shall be kept safe and secure and shall be
accessible only to the notary public or the person duly authorized by him.

(d) Within five (5) days after the official seal of a notary public is stolen, lost,
damaged or other otherwise rendered unserviceable in affixing a legible image, the
notary public, after informing the appropriate law enforcement agency,

shall notify the Executive Judge in writing, providing proper receipt or

acknowledgment, including registered mail, and in the event of a crime committed,
provide a copy or entry number of the appropriate police record. Upon receipt of
such notice, if found in order by the Executive Judge, the latter shall order the notary
public to cause notice of such loss or damage to be published, once a week for three
(3) consecutive weeks, in a newspaper of general circulation in the city or province
where the notary public is commissioned. Thereafter, the Executive Judge shall
issue to the notary public a new Certificate of Authorization to Purchase a Notarial
Seal.

(e) Within five (5) days after the death or resignation of the notary public, or the
revocation or expiration of a notarial commission, the official seal shall be
surrendered to the Executive Judge and shall be destroyed or defaced in public
during office hours. In the 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 this section. Failure to effect such surrender shall
constitute contempt of court. In the event of death of the notary public, the person in
possession of the official seal shall have the duty to surrender it to the Executive
Judge.

SEC. 3. Seal Image. – The notary public shall affix a single, clear, legible, permanent,
and photographically reproducible mark, image or impression of the official seal
beside his signature on the notarial certificate of a paper instrument or document.
SEC. 4. Obtaining and Providing Seal. – (a) A vendor or manufacturer of notarial seals
may not sell said product without a written authorization from the Executive Judge.
(b) Upon written application and after payment of the application fee, the Executive
Judge may issue an authorization to sell to a vendor or manufacturer of notarial
seals after verification and investigation of the latter’s qualifications. The Executive
Judge shall charge an authorization fee in the amount of Php 4,000 for the vendor
and Php 8,000 for the manufacturer. If a manufacturer is also a vendor, he shall only
pay the manufacturer’s authorization fee.

(c) The authorization shall be in effect for a period of four (4) years from the date of
its issuance and may be renewed by the Executive Judge for a similar period upon
payment of the authorization fee mentioned in the preceding paragraph.

. (d) A vendor or manufacturer shall not sell a seal to a buyer except upon
submission of a certified copy of the commission and the Certificate of Authorization
to Purchase a Notarial Seal issued by the Executive Judge. A notary public obtaining
a new seal as a result of change of name shall present to the vendor or
manufacturer a certified copy of the Confirmation of the Change of Name issued by
the Executive Judge.

(e) Only one seal may be sold by a vendor or manufacturer for each Certificate of
Authorization to Purchase a Notarial Seal,

(f) After the sale, the vendor or manufacturer shall affix a mark, image or impression
of the seal to the Certificate of Authorization to Purchase a Notarial Seal and submit
the 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 or manufacturer for four (4) years after the sale.

(g) A notary public obtaining a new seal as a result of change of name shall present
to the vendor a certified copy of the order confirming the change of name issued by
the Executive Judge.

RULE VIII
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. – The notarial form used for any notarial
instrument or document shall conform to all the requisites prescribed herein, the
Rules of Court and all other provisions of issuances by the Supreme Court and in
applicable laws.
SEC. 2. Contents of the Concluding Part of the Notarial Certificate. – The notarial
certificate shall include the following:
(a) the name of the notary public as exactly indicated in the commission;

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

(c) the words “Notary Public” and the province or city where the notary public is
commissioned, the expiration date of the commission, the office address of the
notary public; and

(d) the roll of attorney’s number, the professional tax receipt number and the place
and date of issuance thereof, and the IBP membership number.

RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
SECTION 1. Certificate of Authority for a Notarial Act. – A certificate of authority
evidencing the authenticity of the official seal and signature of a notary public shall
be issued by the Executive Judge upon request in substantially 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)

RULE X
CHANGES OF STATUS OF NOTARY PUBLIC
SECTION 1. Change of Name and Address.

Within ten (10) days after the change of name of the notary public by court order or
by 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.
The notary public shall not notarize until:

(a) he receives from the Executive Judge a confirmation of the new name of the
notary public and/or change of regular place of work or business; and

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

The foregoing notwithstanding, until the aforementioned steps have been completed,
the notary public may continue to use the former name or regular place of work or
business in performing notarial acts for three (3) months from the date of the change,
which may be extended once for valid and just cause by the Executive Judge for
another period not exceeding three (3) months.

SEC. 2. Resignation. – A notary public may resign his commission by personally
submitting a written, dated and signed formal notice to the Executive Judge together
with his notarial seal, notarial register and records. Effective from the date indicated
in the notice, he shall immediately cease to perform notarial acts. In the event of his
incapacity to personally appear, the submission of the notice may be performed by
his duly authorized representative.
SEC. 3. Publication of Resignation. – The Executive Judge shall immediately order the
Clerk of Court to post in a conspicuous place in the offices of the Executive Judge
and of the Clerk of Court the names of notaries public who have resigned their
notarial commissions and the effective dates of their resignation.
RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS
SECTION 1. Revocation and Administrative Sanctions. – (a) The Executive Judge shall
revoke a notarial commission for any ground on which an application for a
commission may be denied.
(b) In addition, the Executive Judge may revoke the commission of, or impose
appropriate administrative sanctions upon, any notary public who:

(1) fails to keep a notarial register;

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

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

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

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

(6) fails to make his report, within a reasonable time, to the Executive Judge
concerning the performance of his duties, as may be required by the judge;
(7) fails to require the presence of a principal at the time of the notarial act;

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

evidence;

(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 Rules; and

(11) commits any other dereliction or act which in the judgment of the Executive
Judge constitutes good cause for revocation of commission or imposition of
administrative sanction.

(c) Upon verified complaint by an interested, affected or aggrieved person, the notary
public shall be required to file a verified answer to the complaint.

If the answer of the notary public is not satisfactory, the Executive Judge shall
conduct a summary hearing. If the allegations of the complaint are not proven, the
complaint shall be dismissed. If the charges are duly established, the Executive
Judge shall impose the appropriate administrative sanctions. In either case, the
aggrieved party may appeal the decision to the Supreme Court for review. Pending
the appeal, an order imposing disciplinary sanctions shall be immediately executory,
unless otherwise ordered by the Supreme Court.

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

a notary public, subject to the procedures prescribed in paragraph (c) above and
impose the appropriate administrative sanctions on the grounds mentioned in the
preceding paragraphs (a) and (b).
SEC. 2. Supervision and Monitoring of Notaries Public. – The Executive Judge shall at
all times exercise supervision over notaries public and shall closely monitor their
activities.
SEC. 3. Publication of Revocations and Administrative Sanctions. – The Executive Judge
shall immediately order the Clerk of Court to post in a conspicuous place in the
offices of the Executive Judge and of the Clerk of Court the names of notaries public
who have been administratively sanctioned or whose notarial commissions have
been revoked.
SEC. 4. Death of Notary Public. –  If a notary public dies before fulfilling the obligations
in Section 4(e), Rule VI and Section 2(e), Rule VII, the Executive Judge, upon being
notified of such death, shall forthwith cause compliance with the provisions of these
sections.
RULE XII
SPECIAL PROVISIONS
SECTION 1. Punishable Acts. – The Executive Judge shall cause the prosecution of
any person who:
(a) knowingly acts or otherwise impersonates a notary public;
(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

Apostille for Philippines

The Philippines is a member of the Hague Apostille

Convention and any official document destined for this country requires an apostille
from the Secretary of State.

Red-ribbon documents are now a thing of the past. Beginning May 14,

2019, the Philippine Government will now accept apostilled (or apostillized)
documents as a replacement for legalization or consular authentication with
the Philippine Embassy. May 14, 2019 is the official date when the
Philippines accedes to the Apostille Convention. Beginning this date, the
Philippines joins 116 other member ..
The purpose of the Hague Apostille Convention is to create a simplified method of
“authenticating” documents for universal recognition.  An apostille certifies the official
who signed your documents (Example: State official, County Clerk, Notary Public,
Superior Court, etc…)

The most common documents we can apostille for the Philippines are:

 Birth Certificates
 Marriage Certificates
 Death Certificates
 Divorce Decree
 Single Status Affidavit
 Background Checks (Local, State, FBI)
 Power of Attorney
 Notarized Documents
 Copy of Passport
 Copy of Driver License
  Transcripts
 Diplomas
 Authorization Letter
 Travel Consent Letter
 Articles of Incorporation
 Certificate of Good Standing
 Certification of Free Sale
 Certification of Origin
 Corporate Power of Attorney
 Commercial Invoice

New Rules on Evidence

Section 24. Disqualification by reason of privileged communication[s]. –

The following persons cannot testify as to matters learned in confidence in the following
cases:

(a) The husband or the wife, during or after the marriage, cannot be examined without the
consent of the other as to any communication received in confidence by one from the other
during the marriage except in a civil case by one against the other, or in a criminal case for a
crime committed by one against the other or the latter’s direct descendants or ascendants.

(b) An attorney or person reasonably believed by the client to be licensed to engage in the
practice of law cannot, without the consent of the client, be examined as to any
communication made by the client to him or her, or his or her advice given thereon in the
course of, or with a view to, professional employment, nor can an attorney’s secretary,
stenographer, or clerk, or other persons assisting the attorney be examined without the
consent of the client and his or her employer, concerning any fact the knowledge of which
has been acquired in such capacity, except in the following cases:
(i) Furtherance of crime or fraud. If the services or advice of the lawyer were sought or
obtained to enable or aid anyone to commit or plan to commit what the client knew or
reasonably should have known to be a crime or fraud;
(ii) Claimants through same deceased client. As to a communication relevant to an issue
between parties who claim through the same deceased client, regardless of whether the claims
are by testate or intestate or by inter vivos transaction;
(iii) Breach of duty by lawyer or client. As to a communication relevant to an issue of breach
of duty by the lawyer to his or her client, or by the client to his or her lawyer;
(iv) Document attested by the lawyer. As to a communication relevant to an issue concerning
an attested document to which the lawyer is an attesting witness;
(v) Joint clients. As to a communication relevant to a matter of common interest between two
[(2)] or more clients if the communication was made by any of them to a lawyer retained or
consulted in common, when offered in an action between any of the clients, unless they have
expressly agreed otherwise. (