02 08 13 SC

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complete instrument or document;

(a) appears in person before the notary public and presents an integrally

which an individual on a single occasion:


SECTION 1. Acknowledgment. - "Acknowledgment" refers to an act in

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

(c) to foster ethical conduct among notaries public.


and
(b) to simplify, clarify, ar.d modernize the rules governing notaries public;
(a) to promote, serve, and protect public interest;

advance the following purposas:


SEC. 2. Purposes. - These Rules shall be applied and construed to

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

IMPLEMENTATION
RULE I

2004 Rules on Notarial Practice

Notarial Practice of 2004, with modifications, thus:


and Bar ~tters, the Court Resolved to APPROVE the proposed Rules on of the
Committees on Revision of the Rules of Court and on Legal Education Notaries
Public and the Performance and Exercise of Their Official Functions, Study,
Drafting and Formulation of the Rules Governing the Appointment of Rules on
Notarial Practice of 2004 submitted by the Sub-Committee for the Acting on the
compliance dated 05 July 2004 and on the proposed

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

EN BANC

~uprtm.e · C!rnurt jJD\antlu


iR.epublic nf t(Je J1Jilippin.e11
~···
.. . . .. •~•I

....
,_,,,,)
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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

acts performed by a notary put·lic.


bound book with numbered pages containing a chronological record of notarial
SEC. 5. Notarial Register. - "Notarial Register" refers to a permanently

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


(c) compares the instrument or document with the copy; and
(b) copies or supervises the copying of the instrument or document;
record, a public record, nor publicly recordable;
(a) is presented with an instrument or. document that is neither a vital

which a notary public:


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

perform notarial acts and to the written evidence of the authority.


SEC. 3. Commission. - "Commission" refers to the grant of authority to

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;

an act in which an individual on a single occasion: : SEC. 2. Affirmation or


Oath. - The term "Affirmation" or "Oath" refers to

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

2
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.

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

(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

to a notarial act in which an individual on a single occasion:


SEC. 14. Signature 'Witnessing. - The term "signature witnes$ing" refers

notary public conforming the requisites prescribed by these Rqles.


for affixing a mark, image or impression on all papers officially signed by the SEC.
13. ·Official Seal or Seal. - "Official seal" or "Seal" refers to a device

and shows to the nctary public documentary identification.


document or transaction who each personally knows the individual credible
witnesses neither of whom is privy to the instrument, notary public and who
personally knows the individual, or of two instrument, document or transaction
who is personally known to the (b) the oath or affirmation of one credible
witness not privy to the
agency bearing the photograph and signature of the individual; or (a) at· least
one current identification document issued by an official

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


SEC. 12. Competent Evidence of Identity. - The phrase "competent

notary public renders legal and notarial services. · work or business"


refers to a stationary office in the city or province wherein the SEC. ~11.-. Regular Place
of Work or Business. - The term "regular place of

notary public whose act is the subject of notarization.


SEG. 10. Principal. - "Principal" refers to a person appearing before the

any person commissioned to perform offi~ial acts under these Rules.


SEC. 9. Notary Public and Notary. - "Notary Public" and "Notary" refer to

to by the notary public in a particular notarization as provided for by these Rules.


notary public, bears the notary's signature and seal, and states the facts attested
attachment to, a notarized instrument or document that is •completed by the SEC. 8.
Notarial Certificate. - "Notarial Certificate" refers to the part of, or

.
.,,..,. ........,.

bottom part of the photographs .


should not be retouched. The petitioner shall sign his name ·at the
taken within tllirty (30) days of the application. The photograph
(d) three (3) passport-size color photographs with light background
Rules; and
(c) proof of payment for the filing of the petition as required by these the
Philippines where he is applying for commission;
(2) executive officers of the local chapter of the Integrated Bar of (b)
certification of good moral character of the petitioner by at least two
membership number;
number, professional tax receipt, roll of attorney's number and IBP
including the petitioner's date of birth, residence, telephone (a) a
statement containing the petitioner's personal qualifications,

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

involving moral turpitude.


(5) must not have been convicted in the first instance of any crime Court
and the Integrated Bar of the Philippines; and
clearances from tile Office of the Bar Confidant of the Supreme (4) must
be a rnember of the Philippine Bar in good standing with where the
ccmmission is to be issued;
maintains a (egular place of work or business in the city or province (3)
must be a resident in the Philippines for at least one (1) year and (2)
must be over twanty-one (21) years of age;
( 1) must be a citizen of the Philippines;

To be eligible for commi~•sioning as notary pub~ic, the petitioner:

with these Rules.


Executive Judge to any qualified person who submits a petition in accordance
SECTION 1. Qua/ificnticns. - A notarial commission may be issued by an

COMM1SSIONING OF NOTARY PUBLIC


RULE Ill

who produces a notarial seal and shall include an engraver and seal maker.
SEC. 20. Manufacturer. - "Manufacturer" under these Rules refers to one

notarial seal and shall include a wholesaler or retailer.


SEC. 19. Vendor. - "Vendor" under these Rules refers to a seller of a

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

4
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

date of the summary hearing. ·.


thereto. The opposition must be received by the Executive Judge before the reason to
object to the grant .Jf the petition may file a verified writtc·n opposition SEC. 6. Opposition
to Petition. - Any person who has any cause or

Executive Judge

date of the summary hearing.


written opposition thereto, received by the undersigned before the reason
to abject to the grant of the petition may file a verified on (date) at (place)
at (time). Any person who has any cause or petition for notarial
cn;nmission of (Dame of petitioner) shall be held Notice is hereby given
that a summary hearing on tha

~OTICE OF HEARING

(b) The notice shall be s11bstantially in the following form:

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

of Aut~orization to Purchase a Notarial Seal in favor of the petitioner. The


Executive Jucige shall forthwith issue 2 commission and a Certificate

that he has m:iu and fully understood these Rules.


(c) the petitioner &st.ablishes to the satisfaction of the E}~ecutive Judge (b) the
petition13r proves the allegations contained in the petition; anU (a) the
petition i~ sufficient in form and substance;

conduct a summary hearing on the petition and shall grant the same if:
SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall

pay the application fee as prescribed in the Rules of Court.


SEC. 3. Application Fee."- Every petitioner for a notarial commission shall
5
Executive Judge

Issued this f£@y} of {month} (year).

December (year) to purchase a notarial seal.


and for the ::>aid jurisdiction, for a term ending the thirty-first of was
commis ;ioned by the undersigned as a notary public, within This is to
authorize (name of notary public) of (city or province) who

NOTARIAL SEAL
CERTIFICATE OF AUTHORIZATION TO PURCHASE A

REGIONAL TRIAL COURT OF ___ _


. REP~BLIC OF THE PHILIPPINES

in the following form:


The Certificate of Authorization to Purchase a Notarial Seal shall substantially be
SEC. 9. Form of Ce.iiflcate of Authorization to Purchase a Notarial Seal. -

Judge for approval prior to use.


notary public pursuant to ~he Certificate shall be presented to the Executive A mark,
image or impression of the seal that may be purchased by the

the Executive Judge.


be valid for a period of threa (3) months from date of issue, unless extended by
Notarial Seal. - The Certifi'.::ate of Authorization to Purchase a Notarial Seal shall
SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a

Executive Judge

ending the thirty-fr·st day of December (year)


as (;! notary public, within and for the said jurisdiction, for a term (month)
two thousand and (year) commissioned by the undersigned work or
business) in (~ity or province) was on this (date) day of This is to certify
that (name of notary public) of (regular place of

·. REGIONAL
TRIAL COURT OF-----
REPUBLIC OF THE PHILIPPINES

...
· (3) jurats;
(2) oaths and affirmations;
(1) acknowledgments;

following notarial acts:


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

POWERS AND LIMITATIONS OF NOTARIES PUBLIC


RULE IV
Judge shall state the reasons therefor.
thirty (30) days from receipt thereof. If th.e application is denied, the Executive 3 above
of this Rule, act on an application for the renewal of a commission within Executive Judge
shall, upon payment of the application fee mentioned in Section SEC. 14. Action on
Application for Renewal of Commission. - The

with these Rules.


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

notary public in the register o~ notaries public.


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

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

shall keep a permanent, comp1ete and updated database of such records.


recorded in the register of notaries public. The Office of the Court Administrator Judge
shall furnish the Office of the Court Administrator information and data commissions, and
the resignation or death of notaries public. The Executive among others, the dates '.)f
issuance or revocation or suspension of notarial and maintain a Register of Notaries
Public in his jurisdiction which shall contain, SEC-'- 12. Register of Notaries Public. -
The Executive Judge shall keep

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

through an acknowledgment, jurat, or signature witnessing.


(4) the notary public notarizes the signature by thumb or other mark public";
and
of (names and addresses of witnesses) and undersigned notary Other Mark
affixed by (name of signatory by mark) in the presence (3) the notary public
writes below the thumb or other mark: "Thumb or :. other mark;
(2) both witnesses sign their own names in addition to the tnumb or
instrument or document;
public and of t\-110 (2) disinterested and unaffected witnesses to the (1) the
thumb or other mark is affixed in the presence of the notary

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

(6) any other act autl1orized by these Rules.


(5) copy certifications; and
(4) signature witnessings;

8
....... ~

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


a blank or incomplete instrument or document; or

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.

False or fncon;p/ete Certificate. -A notary public shall not:

own free will.


(c) in the notary's judgment, the signatory is not acting of his or her the
consequences of the transaction requiring a notarial act; and the notary public
reasonable doubt as to the farmer's knowledge of (b) the signatory shu111s a
demeanor which engenders in the mind of or transaction is unlawful or
immoral;
(a) the notary knows or has good reason to believe that the notarial act

if he tenders the appropriate fee specified by these Rules if:


notarial act described in these Rules for any person requesting such an act even SEC.
4. Refusal to Notarize. - A notary public shall not perform any

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

defined by these Rules.


by the notary , public through competent evidence of identity as (2) is not
personally known to the notary public or otherwise identified notarization;
ar.d
(1) is not in the :iotary's presence personally at the time of the

signatory to the instrument or document -


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

9
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

bound book with numbered pages.


chronological official notarial re:gister of notarial acts consisting of a permanently
maintain, protect and provide for lawful inspect! Jn as provided in these Rules, a
SECTION 1. Form oi' Notarial Register. - (a) A notary public shall keep,

NOTARIAL REGISTER
RULE VI

schedule of chargeable n0taria' fees.


A notary public shall post in a ccnspicuous place in his office a ccmplete

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

rE;asons beyond his control ;:,nd vJithout negligence on his part.


already traveled but failed to complete in whole or in part the notarial act for performance
of a notarial act are not subject to refund if the notary public had Any travel fees ~ir.c.1
expenses paid to a notary public prior to the

unless other.vise agreed upon.


payment of any fees specifiej herein prior to the performance of a notarial c; ct SEC. 4.
Payment or R6lund of Fees. - A notary public shall not require

any notarial service.


those expressly prescribed ,1nd allowed herein, shall be collected or received for SEC.
3. Prohibirec! t=ees. - No fee or compensation of any kind, except

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

Court unless he waives the fee in whole or in part.


act, a notary public may charge the maximum fee as prescribed by the Supreme
SECTION 1. lmpositicn and Waiver of Fees. - For performing a notarial

FEcS OF NOTARY PUBLIC


RULE V
10
thereto arid shall note therein whether the demand for the sum of money was
the notary public shall make a full and true record of all proceedings in relation (f) In case
of a protest of any draft, bill of exchange or promissory note,

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,

also retain a duplicate original copy for the Clerk of Court.


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

of a journal entry shall also be recorded.


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

circumstances for not comple~ing a notarial act.


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

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

Office of the Court Administrator.


Understanding may be entered into by the Office of the SolicitCi>r General and the For
purposes of this provision, a Memorandum of Agreement or

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

the course of an official investigation or by virtue of a court order.


(b) The notarial register may be examined by a law enforcement officer in

(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,

the notary public on behalf of a person physically unable to sign. (c)


witness to a signature by thumb or other mark, or to a signing by and
(b) credible witness swearing or affirming to the identity of a principal; (a)
principal;

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;

12
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

the instrument or document notarized.


performed and shall be clearly impressed by the notary public on every page of (b)
The official seal shall be affixed only at the time the notarial act is

parchment on which the writing appears.


mark, image or impression of such seal shall be made directly on the paper or number
on the face thereof, with the words "notary public" across the center. A word
"Philippines" and his own name on the margin and the roll of attorney's two inches in
diameter, and shall have the name of the city or province and the possessed or
owned by any other person. It shall be of metal, circular in shape, shall have a seal
of office, to be procured at his own expense, which shall not be SEC. 2. Official Seal.
- \a) Every person commissioned as notary public

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

document, a notary public shall:


SECTION 1. Official Signature. - In notarizing a paper instrument or

SIGNATURE AND SEAL OF NOTARY PUBLIC


RULE VII

applying for such copy upon payment of the legal fees.


a certified true copy of the notarial record, or any part thereof, to any person SEC-'-
6. Issuance of Certified True Copies. - The notary public shall supply

delivered to the office of the Executive Judge.


notary public, the notarial register and notarial records shall immediately be (b)
Upon revocation or expiration of a notarial commission, or death of the

number of any pertinent police report.


receipt or acknowledgment, including registered mail and also provide a copy or theft
or vandalism, notify the Executive Judge by any means providing a proper (10) days
after informing the appropriate law enforcement agency in the case of unusable or
illegible as a record of notarial acts, the notary public shall, within ten the notarial
register is stolen, lost, destroyed, damaged, or otherwise rendered SEC. 5. Loss,
Destruction or Damage of Notarial Register. - (a) In case

13

: ...
....... .......,..

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

in the preceding paragraph .


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

shall only pay the manufacturer's authorization fee.


8,000 for the rn2nufacturer. If a manufacturer is also a vendor, he
authorization fee in the amount of Php 4,000 for the vendor and Php tne
latter's quc.>lificc.tions. The Executive Judge shall charge an manufacturer of
notarial seals after verification and investigation of Executive Judge may issue
an authorization to sell to a vendor or (b) Upon written application and after
payment of the application fee, the

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,

surrender it to the Executive Judge.


public, the person in possession of the official seal shall have the duty to surrender
shall constitute contempt of court. In the event of death of the notary Judge to be
disposed of in accordance with this section. Failure to effect such found or
su;rendered, it shall be delivered by the notary public to the Executive during office
hours. In the event that the missing, lost or damaged seal is later surrendered~ to the
Executive Judge and shall be destroyed or defaced in public or the revocation or
expiration of a notarial commission, the official seal:shall be ( e) Within five (5) days
after the death or resignation of the notary public,

new Certificate of Authorization to Purchase a Notarial Seal.


commissioned. Thereafte~. the Executive Judge shall issue to the notary public a general
circulation in tne city or province where the notary public is published, once a week
for three (3) consecutive weeks, in a newspaper of shall order the notary public; to
cause notice of such loss or damage to be Upon receipt of such notice, if found in
order by the Executive Judge, the latter committed, provide a copy or entry number
of the appropriate police record. acknowled9ment, including registered rP.ail, and in
the avt:nt of a crime shall notify the Executive Judge in writing, providing proper
receipt or

14

.. '

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

CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC


RULE IX

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 certificate shall i.1clude the following:


SEC. 2. Contents of tha Concluding Part of the Notarial Certificate. - The

Court and in applicable ~aws.


herein, the Rules of Court and all other provisions of issuances by the Supreme
notarial instrument or coc:Jment shall conform to all the requisites prescribed
SECTION 1. Form vf Notarial Certificate. - The notarial form used for any

NOTARIAL CERTIFICATES
RULE VIII

change of name i5sued by the Executive Judge.


present to tile ·.;endor a certified copy of the order confirming tile (g) A
~hall

notary public obtaining a new seal as a result of change of na~1e

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

Certificate of Allttlorization to Purchase a Notarial Seal,


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

15
.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

The notary public shall not notarize until:

the Executive Judge.


business, the notary public shall submit a signed and dated notice of such fact to
order or by marriage, or after ceasing to maintain the regular place of work or Within
ten (10) days after the change of name of the notary public by court

SEC"TION 1. Chang& of Name and Address.

CHANGES OF STATUS OF NOTARY PUBLIC


RULEX

(seal of Executive Judge)

(official signature)

seal of this office this (date) day of (month) (year). · IN WITNESS


WHEREOF, I have affixed below my signature and

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

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

16
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
~

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


Executive Judge;
(5) fails to submit h:s notarial register, ·when filled, to the
commission;
(4) fails to affix to acknowledgments the date of expiration of his
within the first ten (10) days of the month following;
(3) fails to sEmd the copy of the entries to the Executive Judge
concerning his notarial acts;
(2) fails to make the proper entry or entries in his notaTial register
(1) fails to keep a notarial register;

public who:
impose appropric:1te administrative sanctions upon, any notary
(b) In addition, the Executive Judge may revoke the commission of, or

application for a commission m2y be denied.


Executive Judge shall revoke a notarial commission for any ground on which an
SECTION 1. Revocation and Administrative Sanctions. - (a) The

REVQCATION OF COf\ilMISSION AND DISCIPLll~ARY SANCTIONS


RULE XI

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

notice may be performed by his duly authorized representative ..


acts. lr.1 the event of his incapacity to personally appear, the, submission of the the
date indicated in the notice, he shall immediately cease to pe1form notarial

17

,. ~ ...
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;

prosecution of any person who:


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

SPECIAL PROVISIONS
RULE XII

the provisions of these sections.


Judge, upon being notified o~ such death, shall forthwith cause compliance wi~h the
obligations in Section 5\b ), Rule VI and Section 2( e ), Rule VI I, the Executive SEC. 4.
Death of Notary Public. - If a notary public dies before fulfillir.g

whose notarial commissions have been revoked.


the names of notaries public who have been administratively sanctioned or conspicuous
place in the offices of the Executive Judge and of the Clerk of Ccur1 Executive Judge
shall immediately order the Clerk of Court to post in a SEC. 3. Publication of Revocations
and Administrative Sanctions. - The

closely monitor their activities.


Judge shall at all times exercise supervision over notaries public and shall SEC. 2.
Supervision and Monitoring of Notaries Public. - The Executive

paragraphs (a) and (b).


administrative sanctions on the grounds mentioned in the preceding
prescribed in paragraph (c) above and impose the appropriate proceedings
against a notary public, subject to the procedures (d) The Executive Judge
may motu proprio initiate administrative

otherwise ordered by the Supreme Court.


·disciplinary sanctions shall be immediately executory, unless Supreme
Court for review. Pending the appeal, an order imposing either case, the
aggrieved party may appeal the decision to the Judge shall impose tr1e
appropriate administrative sanctions. In dismissed. ' If the charges are
duly established, the Executive allegations of the complaint are not
proven, the complaint shall be Executive Judge shall conduct a summary
hearing. If the If the answer of the notary public is not satisfactory, the

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
..... ~

Associate Justice Associate Justice ~ AUSTRIA-

MARTINEZ Associate Justice

az:::12~ T. CARPIO MA. ALICIA


ANTONIO

7" Associate Justice /


~ (..._,, Associate Justice

. ·G ' · RES-SANTIAGO r-H~r - ~ /)~)A•, v-vyvW


Sc c~' IE
Q.~ ;( -;--~I 'A ~'~NA
REZ
,/n·n SAN'lf o
!l~[1.AAAflA Y
/,
~ CONSUELO
Associate Justice Associate .Justice
.~~
. ARTEMIO ........... ~
LEONARDO A. QUISUMBING V. PANGANIBAN

R.~Tf\e R~NATO s.
PUNO Associate Justice
·-
Chief Justice
/." ~. ~:_,_..__ ~ ;fi1LA~IO C:. DAVIDE, jR, '
Promulgated this 61h day of July, 2004.

Philippines which provides sufficiently wide circulation.


August 2004, and shall be published in a newspaper of general circulation in the SEC.
2. Effective Date. - These Rules shall take effect on the first day of

modified. : the Supreme Court inconsistent herewith, are hereby repealed or


accordingly SECTION 1. Repeal. - All rules and parts of rules, including issuances of

REPEALING AND EFFECTIVITY PROVISIONS


RULE XIII

prosecution of notaries public.


concemad shall submit semestral reports to the Supreme Cour.t·on discipline and
SEC. 2. Reports to the Supreme Court. - The Executive Judge

19
oz

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