02 08 13 SC
02 08 13 SC
02 08 13 SC
(a) appears in person before the notary public and presents an integrally
DEFlNI ."IONS
RUL~ II
the singular.
indicates, words in the singular include the plural, and words in the plural include
SEC. 3. Interpretation. - Unless the context of these Rules otherwise
Notarial Practice.
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on
IMPLEMENTATION
RULE I
RESOLUTION
A.M. No. 02-8-13-SC
EN BANC
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refer to any act that a notary public is empowered to perform under these Rules.
SEC. 7. Notarial Act and Notarization. - "Notarial Act" and "Notarization"
instrument or document.
(d) takes an oath or affirmation before the notary public ·as to such (c) signs
the instrument or document in the presence of the notary; and through
competent evidence of identity as defined by these Rules; (b) is personally
known to the notary public or identified by the notary public or document;
(a) appears in person before the notary public and presents an instrument
occasion:
SEC. 6. Jurat. - "Jurnt' re·.'ers to an act in which an individual on a single
instrument or documen~.
(c) avows under penalty of law to the whole truth of the contents of the
through competent evidence of identity as defined by these Rules; and (b) is
personally known to the notary public or identified by the notary public (a)
appears in person before the notary public;
that capacity.
particular representative capacity, that he has the authority to sign in or
document as his free and voluntary act and deed, and, if he acts in a instrument
or document, declares that he has executed the instrument document was
voluntarily affixed by him for the purposes stated in the (c) represents to the
notary public that the signature on· the instrument or
these Rules; and
the notary public through competent evidence of identity as defined by (b) is
attested to be personally known to the notary public or identified by
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Court. ·
Administrator" refers to the Office of the Court Administrator of the Supreme SEC.
17. Office of the Court Administrator. - "Office of the Court
notarial commission. · ·
SEC. 16. Petitioner. - "Petitioner" refers to a person who applies for a SEC.
(c) signs the instrument or document in the presence of the notary public.
through competent ev(dence of identity as defined by these Rules; and (b) is
personally known to the notary public or identified by the notary public or
document;
(a) appears in person before the notary public and presents an instrument
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following:.
tor a notarial commission shall be in writing, verified, and shall include the SEC. 2.
Form of the Petition and Supporting Documents. - Every petition
who produces a notarial seal and shall include an engraver and seal maker.
SEC. 20. Manufacturer. - "Manufacturer" under these Rules refers to one
commission.
Judge ot the Regional Trial Court of a city or province when issues a notarial SEC.
18. Executive Judge. - "Executive Judge" refers ~o the Executive
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the following form:
public shall be in a formal'ord&r signed by the Executive Judge substantially in SEC. 7.
Form of Notarial Commission. - The commissioning of a notary
Executive Judge
~OTICE OF HEARING
one petitioner.
shall be borne by the petitioner. The notice may include more than offices of the
publi~ation
Executive Judge and of the Clerk of Court. The cost of the where the hearing sha;! be
conducted and posted in a conspicuous place in the shall be published in a newspaper
of general circulation in the city or province SEC. 5. Notice of Summary Hearing. - (a)
The notice of summary hearing
conduct a summary hearing on the petition and shall grant the same if:
SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall
NOTARIAL SEAL
CERTIFICATE OF AUTHORIZATION TO PURCHASE A
Executive Judge
·. REGIONAL
TRIAL COURT OF-----
REPUBLIC OF THE PHILIPPINES
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· (3) jurats;
(2) oaths and affirmations;
(1) acknowledgments;
the seal of the notary public shall be attached to the application. forty-
five (45) days before the expiration thereof. A mark, image or impression of application
with the Execwive Judge for the renewal of his commission within SEC. 13. Renewal of
Commission. - A notary public may file a written
or the notary public has resigned under these Rules and the Rules of Court.
January of the year in which the commissioning is made, unless earlier revokec' the
commissioning court for a period of two (2) years commencing the first day of public may
perform notarial acts in any place within the territorial jurisdiction of SEC. 11. Jurisdiction
and Term. - A person commissioned as notary
Rules.
notary public shall have only one official seal of office in accordance with these
SEC. 10. Official Seal of Notary Public. - Every person commissioned as
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notarization is under detention.
(4) any place where a party to an instrument or document requiring
instrument or document is confined for treatment; and
(3) hospitals and other medical institutions where a party to an
instruments or documents requiring notarization;
(2) public function areas in hotels and similar places for the signing of
office may be administered;
(1) public offices, r,onvention halls, and similar ·places where oaths of
request of the parties in the following sites located within his territorial jurisdiction:
exceptional occasions or situations, a notarial act may be performed at the outside his
regular place of work or business; provided, however, that on certain SEC. 2.
Prohibitions. - (a) A notary public shall not perform a notarial act
ju rat.
(5) the notary public notarizes his signature by acknowledgment or (2]
witnesses)"; and
notary in presence of (names and addresses of person and two ( 4) the
notary public writes below his signature: "Signature affixed by (3) both
witnesses sign their own names ;
document;
disinterested and unaffected witnesses to the instrument or (2) the
signature of the notary public is affixed in the presence of two a mark to
sign on his behalf;
( 1) the notary public is directed by the person unabie to sign or make
document if:
is physically unable to sign or make a mark on an instrument or (c) A notary
public is authorized to sign-on behalf of a person who
notarization if:
thumb or other mark on an instrument or document presented for (b) A notary
public is authorized to certify the affixing of a signature by
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notarize:
SEC. 6. Improper Instruments or Documents. - A notary public shall not
incomplete.
(b) affix an official signature or seal on a notarial certificate that is the notary
to be false.
(a) execute a certificate containing information known or believed by SEC. 5.
degree.
by affinity or consanguinity of the principal within the fourth civil (c) is a
spouse, carnmon-law partner, ancestor, descendant, or relative
consideration, except as provided by these Rules and by law; or advantage,
right title, interest, cash, property, or other (b) will receive, as a direct or
indirect result, any commission, fee, ~a) is a party to the instrument or
document that is to be notarized;
a notarial act if he: · SEC. 3. Disqualifications. - A notary public is disqualified
from performing
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certify the number of pages of which the book consists.
register shall be duly paged, and on the first page, the Solicitor General shall to any
not9ry public upon :request and upon payment of the cost thereof. The The register shall
be kept in books to be furnished by the Solicitor General
NOTARIAL REGISTER
RULE VI
services rendered.
keep a journal of notarial fees. He shall enter in the journal all fees charged for serJices
shal1 issue a receipt registered with the Bureau of Internal Revenue and SEC. 5. Notice
oi Fees. - A notary public who charg13s a fee for notarial
the person requesting the not:3rial act agree prior to the travel. · preceding
section when trn·1edng to perform a notarial act if the notary public and fees and
expenses separate and apart from t:1e notarial fees prescribed in the SEC. 2. Travel
Foes and Expenses. - A notary public may charge tra".;el
entries.
register on which the same is recorded. No blank line shall be left between register, and
shall also state on the instrument or document the page/s of his sworn to, or
acknowledged before him a number corresponding to the one in his (e) The notary public
shall give to each instrument or document executed,
significance or relevance.
( 10) any other circumstance the notary public may deem of notary's regular
place of work or business; and
(9) the address where the notarization was performed if not in the (8) the fee
charged for the notarial act;
affirming the person's identity;
(7) the name and address of each credible witness swearing to or signatory
is not personally known to the notary;
(6) the competent evidence of identity as defined by these Rules if the (5)
the name and address of each principal;
(4) the title or description of the instrument, document or proceeding; (3)
the type of notarial act;
(2) the date and time of day of the notarial act;
(1) the entry number and page number;
notary shall record in the notarial r1egister at the time of notarization the following:
SEC. 2. Entries in .the Notarial Register. - (a) For every notarial act, the
time.
(b) A notary public shall keep only one active notarial register at any given
II
notarial re_gister, the notary shall deny access to any entry or entries therein.
has a criminal intent or wrongful motive in requesting information . from the (c) If
the notary public ha~> a reasonable ground to believe that a person
(4) the person is shown only the entry or entries spec fied by him.
sought; and ·
document, and name of the principal in the notarial act or acts (3) the
person specifies the month, year, type of instrument or entry;
recognized identifier, in the notarial register in a separate, dated (2) the
person affixes a signature and thumb or other mark or other Rules;
proven through competent evidence of identity as defined in these (1) the
person's identity is personally known to the notary public or
hours, provided:
any person may inspect an entry in the notarial register, during regular business
SEC. 4 .. Inspection, Copying and Disposal. - (a) In the notary's presence,
each:
notary's notarial register shall be signed or a thumb or other mark affixed by SEC.
3. Signatures anc Thumbmarks. - At the time of notarization, the
herein required.
month, the notary shall forward a statement to this effect in lieu of certified copies
under the responsibility of such officer. If there is no entry to certify for the (10) days
ofJhe month following, be forwarded to the Clerk of Court and shall be of any
instrument acknowledgec before the notary public shall, within the first ten (h) A
certified copy of each month's entries and a duplicate original copy
fact.
acknowledged, or protested before him; or if none, this certificate shall show this
register the number of instruments or documents executed, sworn to, (g) At the end
of each waek; the notary public shall certify in his notarial
the same.
made, when and to whom and where directed; and of eve'y other fact touching
whether notices were given, to whom and in what manner; where the same was
made, by whom, when, and where; whether he presented such draft, bill or note;
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image, the notary public, after informing the appropriate law enforcement agency,
lost, damaged or other otherwise rendered unserviceable in affixing a legible (d)
Within five (5) days after the official seal of a notary publiG is stolen,
shall be accessible only to the notary public or the person duly authorized by him.
(c) When not in use, the official seal shall be kept safe and secure and
performed.
(c) affix his official signature only at the time the notarial act is (b) not
sign using a facsimile stamp or printing device; and
as appearing on the notary's commission;
(a) sign by hand on the notarial certificate only the name indicated and
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Judge .
the Confirmation of the Change of Name issued by the Executive name
shall present to the vendor or manufacturer a certified copy of Judge. A
notary public obtaining a new seal as a result of change of of
Authorization to Purchase a Nctarial Seal issued by the Executive
submission of a certified copy of the commission and the Certificate
. (d) A vendor or manufacturer shall not sell a seal to a buyer except upon
Executive Judge.
notarial seals ;nay not sell said pmduct without ·a written authorization from the
SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of
or document.
official seal besi~e his signature on the notarial certificate of a paper instrument
permanent, and photographically reproducible mark, image or impression of the
SEC. 3. Sea/ Image. - The notary public shall affix a single, clear, legible,
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following form:
public shall be issued by the Executive Judge upon request in substantially the authority
evidencing the authenticity of the official seal and signature of a notary SECTION 1.
Certificate of Authority for a Notarial Act. - A certificate of
number.
the place and da-~e of issuance thereof, and the IBP membership (d) the roll of
attorney's number, the professional tax receipt number and office address of
·the notary public; and
public is commisf.>!o.1ed, the expiration date of the commission, the (c) the
words "Notary Public" and the province or city wtiere the notary (b) the serial
number of :he commission of the notary public;
(a) the name of tre notc.ry public as exactly indicated in the commission;
NOTARIAL CERTIFICATES
RULE VIII
the ve:1dor or rianufacturer for four (4) years after the sale.
. Notarial Seal and the buyer's commission shall be kept in the files of Judge.
Copies. of the Certificate of Authorization to Purchase a a No1arial Seal and
submit the completed Certificate to the Executive impression of tho seal to the
Certificate of Authorization to Purchase (f) After the sale, the vendor or
manufacturer shall affix a mark, imagH or
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.Judge together with his notarial seal, notarial register and records. Effective from
personally submitting a written, dated and signed formal notice to the Executive
SEC. 2. Resignation. ·· A notary public may resign his commission by
the Executive Judge for anmher period not exceeding three (3) months.
the date of the change, which may be extended once for valid and just cause by place
of work or business in performing notarial acts for three (3) months from completed,
the notary public may continue to use the former name or regular The foregoing
notwithstanding, until the aforementioned steps have been
(b) a new seal bearing the new name has been obtained.
business; and
name of the notary public and/or change of regular place of work or (a)
he receives from the Executive Judge a confirmation of the new
(official signature)
notarization.
and authorized to c.ct as such at the time of the document's the
(City/Municipality/Province) of the Republic of the Philippines signature
on the attached document, is a Notary Public in and for (name of
nota1y public), the person named in the seal and I, (name, title,
jurisdiction of the Executive Judge), certify that
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commission or imposition of administrative sanction.
the Executive Judge constitutes· good cause for revocation of
(11) commits any other dereliction or act which in the judgment of
prohibited or mandated by these Rules; and
(10) knowingly performs or fails to perform any other act
Rule IV;
(9) executes a false or incomplete certificate under Section 5,
knowledge or competent evidence;
(8) fails to identify a principal on the basis of personal
notarial act;
(7) fails to require the presence of a prindpal at the time of the
may be required by the judge;
Executive Judge concerning the performance of his duties, as
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public who:
impose appropric:1te administrative sanctions upon, any notary
(b) In addition, the Executive Judge may revoke the commission of, or
resignation.
who have resigned their r,iotarial commissions and the effective dates of their of the
Executive Judge and of the Clerk of Court the names of notaries public immediately order
the Clerk of Court to post in a conspicuous place in the offices SEC. 3. Publication of
Resignation. - The Executive Judge shall
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to commit official misconduct.
(c) knowingly solicits, coerces, or in any way influences a notary public
register, or official records of a notary public; and
(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial (a)
knowingly acts or otherwise impersonates a notary public;
SPECIAL PROVISIONS
RULE XII
to the complaint.
person, the notary public shall be required to file a verified answer (c) Upon
verified complaint by an interested, affected or aggriev~d
ls
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R.~Tf\e R~NATO s.
PUNO Associate Justice
·-
Chief Justice
/." ~. ~:_,_..__ ~ ;fi1LA~IO C:. DAVIDE, jR, '
Promulgated this 61h day of July, 2004.
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