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 2004submitted by the Sub-Committee for the Study,
Drafting and ormulation of the !ules "o#erning the Appointment of $otaries
%ublic and the %erformance and &'ercise of (heir )fficial unctions, of the
Committees on !e#ision of the !ules of Court and on *egal &ducation and
+ar ,atters, the Court !esol#ed to A%%!)-& the proposed Rules on
Notarial Practice of 2004, .ith modifications, thus/
2004 !ules on $otarial %ractice
RULE I
IMPLEMENTATION
S&C(0)$ 12 Title. - (hese !ules shall be 3no.n as the 2004 Rules on
Notarial Practice.
S&C2 22 Purposes. - (hese !ules shall be applied and construed to
ad#ance the follo.ing purposes/
4a5 to promote, ser#e, and protect public interest6
4b5 to simplify, clarify, and moderni7e the rules go#erning notaries public6
and
4c5 to foster ethical conduct among notaries public2
S&C2 82 Interpretation. - 9nless the conte't of these !ules other.ise
indicates, .ords in the singular include the plural, and .ords in the plural
include the singular2
RULE II
DEFINITIONS
S&C(0)$ 12 Acknowledgment. - :Ac3no.ledgment: refers to an act in
.hich an indi#idual on a single occasion/
4a5 appears in person before the notary public and presents an integrally
complete instrument or document6
4b5 is attested to be personally 3no.n to the notary public or identified by the
notary public through competent e#idence of identity as defined by these
!ules6 and
4c5 represents to the notary public that the signature on the instrument or
document .as #oluntarily affi'ed by him for the purposes stated in the
instrument or document, declares that he has e'ecuted the instrument or
document as his free and #oluntary act and deed, and, if he acts in a
particular representati#e capacity, that he has the authority to sign in that
capacity2
S&C2 22 Affirmation or at!. - (he term :Affirmation: or :)ath: refers to an
act in .hich an indi#idual on a single occasion/
4a5 appears in person before the notary public6
4b5 is personally 3no.n to the notary public or identified by the notary public
through competent e#idence of identity as defined by these !ules6 and
4c5 a#o.s under penalty of la. to the .hole truth of the contents of the
instrument or document2
S&C2 82 "ommission. - :Commission: refers to the grant of authority to
perform notarial acts and to the .ritten e#idence of the authority2
S&C2 42 Copy "ertification. - :Copy Certification: refers to a notarial act in
.hich a notary public/
4a5 is presented .ith an instrument or document that is neither a #ital record,
a public record, nor publicly recordable6
4b5 copies or super#ises the copying of the instrument or document6
4c5 compares the instrument or document .ith the copy6 and
4d5 determines that the copy is accurate and complete2
S&C2 52 Notarial Register. - :$otarial !egister: refers to a permanently
bound boo3 .ith numbered pages containing a chronological record of
notarial acts performed by a notary public2
S&C2 ;2 #urat. - :Jurat: refers to an act in .hich an indi#idual on a single
occasion/
4a5 appears in person before the notary public and presents an instrument or
document6
4b5 is personally 3no.n to the notary public or identified by the notary public
through competent e#idence of identity as defined by these !ules6
4c5 signs the instrument or document in the presence of the notary6 and
4d5 ta3es an oath or affirmation before the notary public as to such
instrument or document2
S&C2 <2 Notarial Act and Notari$ation. - :$otarial Act: and :$otari7ation:
refer to any act that a notary public is empo.ered to perform under these
!ules2
S&C2 =2 Notarial "ertificate. - :$otarial Certificate: refers to the part of, or
attachment to, a notari7ed instrument or document that is completed by the
notary public, bears the notary>s signature and seal, and states the facts
attested to by the notary public in a particular notari7ation as pro#ided for by
these !ules2
S&C2 ?2 Notar% Pu&lic and Notat%. - :$otary %ublic: and :$otary: refer to
any person commissioned to perform official acts under these !ules2
S&C2 102 Principal. - :%rincipal: refers to a person appearing before the
notary public .hose act is the sub@ect of notari7ation2
S&C2 112 Regular Place of 'ork or (usiness. - (he term :regular place of
.or3 or business: refers to a stationary office in the city or pro#ince .herein
the notary public renders legal and notarial ser#ices2
S&C2 122 "ompetent )*idence of Identit%. - (he phrase :competent
e#idence of identity: refers to the identification of an indi#idual based on/
4a5 at least one current identification document issued by an official agency
bearing the photograph and signature of the indi#idual6 or
4b5 the oath or affirmation of one credible .itness not pri#y to the instrument,
document or transaction .ho is personally 3no.n to the notary public
and .ho personally 3no.s the indi#idual, or of t.o credible .itnesses
neither of .hom is pri#y to the instrument, document or transaction .ho
each personally 3no.s the indi#idual and sho.s to the notary public
documentary identification2
S&C2 182 fficial +eal or +eal. - :)fficial seal: or :Seal: refers to a de#ice
for affi'ing a mar3, image or impression on all papers officially signed by the
notary public conforming the reAuisites prescribed by these !ules2
S&C2 142 +ignature 'itnessing. -(he term :signature .itnessing: refers to
a notarial act in .hich an indi#idual on a single occasion/
4a5 appears in person before the notary public and presents an instrument or
document6
4b5 is personally 3no.n to the notary public or identified by the notary public
through competent e#idence of identity as defined by these !ules6 and
4c5 signs the instrument or document in the presence of the notary public2
S&C2 152 "ourt. - :Court: refers to the Supreme Court of the %hilippines2
S&C2 1;2 Petitioner. - :%etitioner: refers to a person .ho applies for a
notarial commission2
S&C2 1<2 ffice of t!e "ourt Administrator. - :)ffice of the Court
Administrator: refers to the )ffice of the Court Administrator of the Supreme
Court2
S&C2 1=2 ),ecuti*e #udge. - :&'ecuti#e Judge: refers to the &'ecuti#e
Judge of the !egional (rial Court of a city or pro#ince .ho issues a notarial
commission2
S&C2 1?2 -endor - :-endor: under these !ules refers to a seller of a
notarial seal and shall include a .holesaler or retailer2
S&C2 202 -anufacturer. - :,anufacturer: under these !ules refers to one
.ho produces a notarial seal and shall include an engra#er and seal ma3er2
RULE III
COMMISSIONING OF NOTARY PUBLIC
S&C(0)$ 12 .ualifications. - A notarial commission may be issued by an
&'ecuti#e Judge to any Aualified person .ho submits a petition in accordance
.ith these !ules2
(o be eligible for commissioning as notary public, the petitioner/
415 must be a citi7en of the %hilippines6
425 must be o#er t.enty-one 4215 years of age6
485 must be a resident in the %hilippines for at least one 415 year and
maintains a regular place of .or3 or business in the city or pro#ince
.here the commission is to be issued6
445 must be a member of the %hilippine +ar in good standing .ith
clearances from the )ffice of the +ar Confidant of the Supreme Court
and the 0ntegrated +ar of the %hilippines6 and
455 must not ha#e been con#icted in the first instance of any crime in#ol#ing
moral turpitude2
S&C2 22 /orm of t!e Petition and +upporting Documents2 - &#ery petition
for a notarial commission shall be in .riting, #erified, and shall include the
follo.ing/
4a5 a statement containing the petitioner>s personal Aualifications, including
the petitioner>s date of birth, residence, telephone number, professional
ta' receipt, roll of attorney>s number and 0+% membership number6 ,
4b5 certification of good moral character of the petitioner by at least t.o 425
e'ecuti#e officers of the local chapter of the 0ntegrated +ar of the
%hilippines .here he is applying for commission6
4c5 proof of payment for the filing of the petition as reAuired by these !ules6
and
4d5 three 485 passport-si7e color photographs .ith light bac3ground ta3en
.ithin thirty 4805 days of the application2 (he photograph should not be
retouched2 (he petitioner shall sign his name at the bottom part of the
photographs2
S&C2 82 Application /ee. - &#ery petitioner for a notarial commission shall
pay the application fee as prescribed in the !ules of Court2
S&C2 42 Summary 0earing on t!e Petition. - (he &'ecuti#e Judge shall
conduct a summary hearing on the petition and shall grant the same if/
4a5 the petition is sufficient in form and substance6
4b5 the petitioner pro#es the allegations contained in the petition6 and
4c5 the petitioner establishes to the satisfaction of the &'ecuti#e Judge that
he has read and fully understood these !ules2
(he &'ecuti#e Judge shall forth.ith issue a commission and a Certificate
of Authori7ation to %urchase a $otarial Seal in fa#or of the petitioner2
S&C2 52 Notice of +ummar% 0earing. - 4a5 (he notice of summary hearing
shall be published in a ne.spaper of general circulation in the city or pro#ince
.here the hearing shall be conducted and posted in a conspicuous place in
the offices of the &'ecuti#e Judge and of the Cler3 of Court2 (he cost of the
publication shall be borne by the petitioner2 (he notice may include more than
one petitioner2
4b5 (he notice shall be substantially in the follo.ing form6
NOTICE OF HEARING
Notice is hereby given that a summary hearing on the
petition for notarial commission of name of petitioner! shall
be hel" on "ate! at place! at time!# Any person $ho has
any cause or reason to ob%ect to the grant of the petition
may file a verifie" $ritten opposition thereto& receive" by
the un"ersigne" before the "ate of the summary hearing#
''''''''''''''
E(ecutive )u"ge
S&C2 ;2 pposition to Petition. - Any person .ho has any cause or reason
to ob@ect to the grant of the petition may file a #erified .ritten opposition
thereto2 (he opposition must be recei#ed by the &'ecuti#e Judge before the
date of the summary hearing2
S&C2 <2 orm of Notarial "ommission. - (he commissioning of a notary
public shall be in a formal order signed by the &'ecuti#e Judge substantially in
the follo.ing form/
RE*+,-IC OF THE *HI-I**INE.
REGIONA- TRIA- CO+RT OF ''''''''''''''
This is to certify that name of notary public! of regular
place of $or/ or business! in city or province! $as on this
"ate! "ay of month! t$o thousan" an" year!
commissione" by the un"ersigne" as a notary public& $ithin
an" for the sai" %uris"iction& for a term en"ing the thirty0first
"ay of 1ecember year!
'''''''''''''''
E(ecutive )u"ge
S&C2 =2 Period f 1alidit% of "ertificate of Aut!ori$ation to Purc!ase a
Notarial +eal. - (he Certificate of Authori7ation to %urchase a $otarial Seal
shall be #alid for a period of three 485 months from date of issue, unless
e'tended by the &'ecuti#e Judge2
A mar3, image or impression of the seal that may be purchased by the
notary public pursuant to the Certificate shall be presented to the &'ecuti#e
Judge for appro#al prior to use2
S&C2 ?2 orm of "ertificate of Aut!ori$ation to Purc!ase a Notarial +eal.
-(he Certificate of Authori7ation to %urchase a $otarial Seal shall
substantially be in the follo.ing form/
RE*+,-IC OF THE *HI-I**INE.
REGIONA- TRIA- CO+RT OF'''''''''''''
CERTIFICATE OF A+THORI2ATION TO *+RCHA.E A NOTARIA-
.EA-
This is to authori3e name of notary public! of city or
province! $ho $as commissione" by the un"ersigne" as a
notary public& $ithin an" for the sai" %uris"iction& for a term
en"ing& the thirty0first of 1ecember year! to purchase a
notarial seal#
Issue" this "ay! of month! year!#
'''''''''''''''
E(ecutive )u"ge
S&C2 102 fficial +eal of Notar% Pu&lic. - &#ery person commissioned as
notary public shall ha#e only one official seal of office in accordance .ith
these !ules2
S&C2 112 #urisdiction and Term. - A person commissioned as notary
public may perform notarial acts in any place .ithin the territorial @urisdiction of
the commissioning court for a period of t.o 425 years commencing the first
day of January of the year in .hich the commissioning is made, unless earlier
re#o3ed or the notary public has resigned under these !ules and the !ules of
Court2
S&C2 122 Register of Notaries Pu&lic. - (he &'ecuti#e Judge shall 3eep
and maintain a !egister of $otaries %ublic in his @urisdiction .hich shall
contain, among others, the dates of issuance or re#ocation or suspension of
notarial commissions, and the resignation or death of notaries public2 (he
&'ecuti#e Judge shall furnish the )ffice of the Court Administrator information
and data recorded in the register of notaries public2 (he )ffice of the Court
Administrator shall 3eep a permanent, complete and updated database of
such records2
S&C2 182 Renewal of "ommission. - A notary public may file a .ritten
application .ith the &'ecuti#e Judge for the rene.al of his commission .ithin
forty-fi#e 4455 days before the e'piration thereof2 A mar3, image or impression
of the seal of the notary public shall be attached to the application2
ailure to file said application .ill result in the deletion of the name of the
notary public in the register of notaries public2
(he notary public thus remo#ed from the !egister of $otaries %ublic may
only be reinstated therein after he is issued a ne. commission in accordance
.ith these !ules2
S&C2 142 Action on Application for Renewal of "ommission. - (he
&'ecuti#e Judge shall, upon payment of the application fee mentioned in
Section 8 abo#e of this !ule, act on an application for the rene.al of a
commission .ithin thirty 4805 days from receipt thereof2 0f the application is
denied, the &'ecuti#e Judge shall state the reasons therefor2
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
S&C(0)$ 12 %o.ers2 - 4a5 A notary public is empo.ered to perform the
follo.ing notarial acts/
4! ac/no$le"gments5
6! oaths an" affirmations5
7! %urats5
8! signature $itnessings5
9! copy certifications5 an"
:! any other act authori3e" by these Rules#
4b5 A notary public is authori7ed to certify the affi'ing of a signature by
thumb or other mar3 on an instrument or document presented for
notari7ation if/
415the thumb or other mar3 is affi'ed in the presence of the notary public
and of t.o 425 disinterested and unaffected .itnesses to the
instrument or document6
425 both .itnesses sign their o.n names in addition to the thumb or other
mar36
485 the notary public .rites belo. the thumb or other mar3/ :(humb or
)ther ,ar3 affi'ed by 4name of signatory by mar35 in the presence
of 4names and addresses of .itnesses5 and undersigned notary
public:6 and
445 the notary public notari7es the signature by thumb or other mar3
through an ac3no.ledgment, @urat, or signature .itnessing2
4c5 A notary public is authori7ed to sign on behalf of a person .ho is
physically unable to sign or ma3e a mar3 on an instrument or document
if/
415 the notary public is directed by the person unable to sign or ma3e a
mar3 to sign on his behalf6
425 the signature of the notary public is affi'ed in the presence of t.o
disinterested and unaffected .itnesses to the instrument or document6
485 both .itnesses sign their o.n names 6
445 the notary public .rites belo. his signature/ :Signature affi'ed by
notary in presence of 4names and addresses of person and
t.o 223 .itnesses5:6 and
455 the notary public notari7es his signature by ac3no.ledgment or @urat2
S&C2 22 Pro!i&itions. - 4a5 A notary public shall not perform a notarial act
outside his regular place of .or3 or business6 pro#ided, ho.e#er, that on
certain e'ceptional occasions or situations, a notarial act may be performed at
the reAuest of the parties in the follo.ing sites located .ithin his territorial
@urisdiction/
415 public offices, con#ention halls, and similar places .here oaths of
office may be administered6
425 public function areas in hotels and similar places for the signing of
instruments or documents reAuiring notari7ation6
485 hospitals and other medical institutions .here a party to an instrument
or document is confined for treatment6 and
445 any place .here a party to an instrument or document reAuiring
notari7ation is under detention2
4b5 A person shall not perform a notarial act if the person in#ol#ed as
signatory to the instrument or document -
415 is not in the notary>s presence personally at the time of the
notari7ation6 and
425 is not personally 3no.n to the notary public or other.ise identified by
the notary public through competent e#idence of identity as defined by
these !ules2
S&C2 82 4is5ualifications. - A notary public is disAualified from performing
a notarial act if he/
4a5 is a party to the instrument or document that is to be notari7ed6
4b5 .ill recei#e, as a direct or indirect result, any commission, fee,
ad#antage, right, title, interest, cash, property, or other consideration,
e'cept as pro#ided by these !ules and by la.6 or
4c5 is a spouse, common-la. partner, ancestor, descendant, or relati#e by
affinity or consanguinity of the principal .ithin the fourth ci#il degree2
S&C2 42 Refusal to Notari$e. - A notary public shall not perform any
notarial act described in these !ules for any person reAuesting such an act
e#en if he tenders the appropriate fee specified by these !ules if/
4a5 the notary 3no.s or has good reason to belie#e that the notarial act or
transaction is unla.ful or immoral6
4b5 the signatory sho.s a demeanor .hich engenders in the mind of the
notary public reasonable doubt as to the former>s 3no.ledge of the
conseAuences of the transaction reAuiring a notarial act6 and
4c5 in the notary>s @udgment, the signatory is not acting of his or her o.n free
.ill2
S&C2 52 alse or 0ncomplete Certificate2 - A notary public shall not/
4a5 e'ecute a certificate containing information 3no.n or belie#ed by the
notary to be false2
4b5 affi' an official signature or seal on a notarial certificate that is
incomplete2
S&C2 ;2 Improper Instruments or 4ocuments. - A notary public shall not
notari7e/
4a5 a blan3 or incomplete instrument or document6 or
4b5 an instrument or document .ithout appropriate notarial certification2
RULE V
FEES OF NOTARY PUBLIC
S&C(0)$ 12 Imposition and 'ai*er of /ees. - or performing a notarial
act, a notary public may charge the ma'imum fee as prescribed by the
Supreme Court unless he .ai#es the fee in .hole or in part2
S&C2 22 Tra*el /ees and ),penses. - A notary public may charge tra#el
fees and e'penses separate and apart from the notarial fees prescribed in the
preceding section .hen tra#eling to perform a notarial act if the notary public
and the person reAuesting the notarial act agree prior to the tra#el2
S&C2 82 Pro!i&ited /ees. - $o fee or compensation of any 3ind, e'cept
those e'pressly prescribed and allo.ed herein, shall be collected or recei#ed
for any notarial ser#ice2
S&C2 42 Pa%ment or Refund of /ees. - A notary public shall not reAuire
payment of any fees specified herein prior to the performance of a notarial act
unless other.ise agreed upon2
Any tra#el fees and e'penses paid to a notary public prior to the
performance of a notarial act are not sub@ect to refund if the notary public had
already tra#eled but failed to complete in .hole or in part the notarial act for
reasons beyond his control and .ithout negligence on his part2
S&C2 52 Notice of /ees. - A notary public .ho charges a fee for notarial
ser#ices shall issue a receipt registered .ith the +ureau of 0nternal !e#enue
and 3eep a @ournal of notarial fees2 Be shall enter in the @ournal all fees
charged for ser#ices rendered2
A notary public shall post in a conspicuous place in his office a complete
schedule of chargeable notarial fees2
RULE VI
NOTARIAL REGISTER
S&C(0)$ 12 /orm of Notarial Register. - 4a5 A notary public shall 3eep,
maintain, protect and pro#ide for la.ful inspection as pro#ided in these !ules,
a chronological official notarial register of notarial acts consisting of a
permanently bound boo3 .ith numbered pages2
(he register shall be 3ept in boo3s to be furnished by the Solicitor "eneral
to any notary public upon reAuest and upon payment of the cost thereof2 (he
register shall be duly paged, and on the first page, the Solicitor "eneral shall
certify the number of pages of .hich the boo3 consists2
or purposes of this pro#ision, a ,emorandum of Agreement or
9nderstanding may be entered into by the )ffice of the Solicitor "eneral and
the )ffice of the Court Administrator2
4b5 A notaryC public shall 3eep only one acti#e notarial register at any gi#en
time2
S&C2 22 )ntries in t!e Notarial Register. - 4a5 or e#ery notarial act, the
notary shall record in the notarial register at the time of notari7ation the
follo.ing/
4! the entry number an" page number5
6! the "ate an" time of "ay of the notarial act5
7! the type of notarial act5
8! the title or "escription of the instrument&
"ocument or procee"ing5
9! the name an" a""ress of each principal5
:! the competent evi"ence of i"entity as "efine" by
these Rules if the signatory is not personally /no$n
to the notary5
;! the name an" a""ress of each cre"ible $itness
s$earing to or affirming the person<s i"entity5
=! the fee charge" for the notarial act5
>! the a""ress $here the notari3ation $as performe"
if not in the notary<s regular place of $or/ or
business5 an"
4?! any other circumstance the notary public may
"eem of significance or relevance#
b! A notary public shall recor" in the notarial register the
reasons an" circumstances for not completing a notarial act#
c! A notary public shall recor" in the notarial register the
circumstances of any re@uest to inspect or copy an entry in
the notarial register& inclu"ing the re@uester<s name&
a""ress& signature& thumbmar/ or other recogni3e"
i"entifier& an" evi"ence of i"entity# The reasons for refusal
to allo$ inspection or copying of a %ournal entry shall also be
recor"e"#
"! Ahen the instrument or "ocument is a contract& the
notary public shall /eep an original copy thereof as part of
his recor"s an" enter in sai" recor"s a brief "escription of
the substance thereof an" shall give to each entry a
consecutive number& beginning $ith number one in each
calen"ar year# He shall also retain a "uplicate original copy
for the Cler/ of Court#
e! The notary public shall give to each instrument or
"ocument e(ecute"& s$orn to& or ac/no$le"ge" before him
a number correspon"ing to the one in his register& an" shall
also state on the instrument or "ocument the pageBs of his
register on $hich the same is recor"e"# No blan/ line shall
be left bet$een entries#
f! In case of a protest of any "raft& bill of e(change or
promissory note& the notary public shall ma/e a full an" true
recor" of all procee"ings in relation thereto an" shall note
therein $hether the "eman" for the sum of money $as
ma"e& by $hom& $hen& an" $here5 $hether he presente"
such "raft& bill or note5 $hether notices $ere given& to $hom
an" in $hat manner5 $here the same $as ma"e& $hen an"
to $hom an" $here "irecte"5 an" of every other fact
touching the same#
g! At the en" of each $ee/& the notary public shall certify in
his notarial register the number of instruments or
"ocuments e(ecute"& s$orn to& ac/no$le"ge"& or proteste"
before him5 or if none& this certificate shall sho$ this fact#
h! A certifie" copy of each month<s entries an" a "uplicate
original copy of any instrument ac/no$le"ge" before the
notary public shall& $ithin the first ten 4?! "ays of the
month follo$ing& be for$ar"e" to the Cler/ of Court an" shall
be un"er the responsibility of such officer# If there is no
entry to certify for the month& the notary shall for$ar" a
statement to this effect in lieu of certifie" copies herein
re@uire"#
S&C2 82 +ignatures and T!um&marks. - At the time of notari7ation, the
notary>s notarial register shall be signed or a thumb or other mar3 affi'ed by
each/
4a5 principal6
4b5 credible .itness s.earing or affirming to the identity of a principal6 and
4c5 .itness to a signature by thumb or other mar3, or to a signing by the
notary public on behalf of a person physically unable to sign2
S&C2 42 Inspection, "op%ing and 4isposal. - 4a5 0n the notary>s presence,
any person may inspect an entry in the notarial register, during regular
business hours, pro#ided6
415 the person>s identity is personally 3no.n to the notary public or
pro#en through competent e#idence of identity as defined in these
!ules6
425 the person affi'es a signature and thumb or other mar3 or other
recogni7ed identifier, in the notarial 2register in a separate, dated
entry6
485 the person specifies the month, year, type of instrument or document,
and name of the principal in the notarial act or acts sought6 and
445 the person is sho.n only the entry or entries specified by him2
4b5 (he notarial register may be e'amined by a la. enforcement officer in
the course of an official in#estigation or by #irtue of a court order2
4c5 0f the notary public has a reasonable ground to belie#e that a person has
a criminal intent or .rongful moti#e in reAuesting information from the
notarial register, the notary shall deny access to any entry or entries
therein2
S&C2 52 *oss, 4estruction or 4amage of Notarial Register. - 4a5 0n case
the notarial register is stolen, lost, destroyed, damaged, or other.ise rendered
unusable or illegible as a record of notarial acts, the notary public shall, .ithin
ten 4105 days after informing the appropriate la. enforcement agency in the
case of theft or #andalism, notify the &'ecuti#e Judge by any means pro#iding
a proper receipt or ac3no.ledgment, including registered mail and also
pro#ide a copy or number of any pertinent police report2
4b5 9pon re#ocation or e'piration of a notarial commission, or death of the
notary public, the notarial register and notarial records shall immediately
be deli#ered to the office of the &'ecuti#e Judge2
S&C2 ;2 Issuance of "ertified True "opies. - (he 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 fees2
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
S&C(0)$ 12 fficial +ignature. - 0n notari7ing a paper instrument or
document, a notary public shall/
4a5 sign by hand on the notarial certificate only the name indicated and as
appearing on the notary>s commission6
4b5 not sign using a facsimile stamp or printing de#ice6 and
4c5 affi' his official signature only at the time the notarial act is performed2
S&C2 22 fficial +eal. - 4a5 &#ery person commissioned as notary public
shall ha#e a seal of office, to be procured at his o.n e'pense, .hich shall not
be possessed or o.ned by any other person2 0t shall be of metal, circular in
shape, t.o inches in diameter, and shall ha#e the name of the city or pro#ince
and the .ord :%hilippines: and his o.n name on the margin and the roll of
attorney>s number on the face thereof, .ith the .ords :notary public: across
the center2 A mar3, image or impression of such seal shall be made directly
on the paper or parchment on .hich the .riting appears2
4b5 (he official seal shall be affi'ed only at the time the notarial act is
performed and shall be clearly impressed by the notary public on e#ery
page of the instrument or document notari7ed2
4c5 Dhen not in use, the official seal shall be 3ept safe and secure and shall
be accessible only to the notary public or the person duly authori7ed by
him2
4d5 Dithin fi#e 455 days after the official seal of a notary public is stolen, lost,
damaged or other other.ise rendered unser#iceable in affi'ing a legible
image, the notary public, after informing the appropriate la. enforcement
agency,
shall notify the &'ecuti#e Judge in .riting, pro#iding proper receipt or
ac3no.ledgment, including registered mail, and in the e#ent of a crime
committed, pro#ide a copy or entry number of the appropriate police
record2 9pon receipt of such notice, if found in order by the &'ecuti#e
Judge, the latter shall order the notary public to cause notice of such loss
or damage to be published, once a .ee3 for three 485 consecuti#e .ee3s,
in a ne.spaper of general circulation in the city or pro#ince .here the
notary public is commissioned2 (hereafter, the &'ecuti#e Judge shall
issue to the notary public a ne. Certificate of Authori7ation to %urchase a
$otarial Seal2
4e5 Dithin fi#e 455 days after the death or resignation of the notary public, or
the re#ocation or e'piration of a notarial commission, the official seal
shall be surrendered to the &'ecuti#e Judge and shall be destroyed or
defaced in public during office hours2 0n the e#ent that the missing, lost or
damaged seal is later found or surrendered, it shall be deli#ered by the
notary public to the &'ecuti#e Judge to be disposed of in accordance
.ith this section2 ailure to effect such surrender shall constitute
contempt of court2 0n the e#ent of death of the notary public, the person in
possession of the official seal shall ha#e the duty to surrender it to the
&'ecuti#e Judge2
S&C2 82 +eal Image. - (he notary public shall affi' a single, clear, legible,
permanent, and photographically reproducible mar3, image or impression of
the official seal beside his signature on the notarial certificate of a paper
instrument or document2
S&C2 42 &taining and Pro*iding +eal. - 4a5 A #endor or manufacturer of
notarial seals may not sell said product .ithout a .ritten authori7ation from
the &'ecuti#e Judge2
4b5 9pon .ritten application and after payment of the application fee, the
&'ecuti#e Judge may issue an authori7ation to sell to a #endor or
manufacturer of notarial seals after #erification and in#estigation of the
latter>s Aualifications2 (he &'ecuti#e Judge shall charge an authori7ation
fee in the amount of %hp 4,000 for the #endor and %hp =,000 for the
manufacturer2 0f a manufacturer is also a #endor, he shall only pay the
manufacturer>s authori7ation fee2
4c5 (he authori7ation shall be in effect for a period of four 445 years from the
date of its issuance and may be rene.ed by the &'ecuti#e Judge for a
similar period upon payment of the authori7ation fee mentioned in the
preceding paragraph2
2 4d5 A #endor or manufacturer shall not sell a seal to a buyer e'cept upon
submission of a certified copy of the commission and the Certificate of
Authori7ation to %urchase a $otarial Seal issued by the &'ecuti#e Judge2
A notary public obtaining a ne. seal as a result of change of name shall
present to the #endor or manufacturer a certified copy of the
Confirmation of the Change of $ame issued by the &'ecuti#e Judge2
4e5 )nly one seal may be sold by a #endor or manufacturer for each Certificate
of Authori7ation to %urchase a $otarial Seal,
4f5 After the sale, the #endor or manufacturer shall affi' a mar3, image or
impression of the seal to the Certificate of Authori7ation to %urchase a
$otarial Seal and submit the completed Certificate to the &'ecuti#e Judge2
Copies of the Certificate of Authori7ation to %urchase a $otarial Seal and the
buyer>s commission shall be 3ept in the files of the #endor or manufacturer
for four 445 years after the sale2
4g5 A notary public obtaining a ne. seal as a result of change of name shall
present to the #endor a certified copy of the order confirming the change of
name issued by the &'ecuti#e Judge2
RULE VIII
NOTARIAL CERTIFICATES
S&C(0)$ 12 orm of Notarial "ertificate. - (he notarial form used for any
notarial instrument or document shall conform to all the reAuisites prescribed
herein, the !ules of Court and all other pro#isions of issuances by the
Supreme Court and in applicable la.s2
S&C2 22 "ontents of t!e "oncluding Part of t!e Notarial "ertificate. - (he
notarial certificate shall include the follo.ing/
4a5 the name of the notary public as e'actly indicated in the commission6
4b5 the serial number of the commission of the notary public6
4c5 the .ords :$otary %ublic: and the pro#ince or city .here the notary
public is commissioned, the e'piration date of the commission, the office
address of the notary public6 and
4d5 the roll of attorney>s number, the professional ta' receipt number and the
place and date of issuance thereof, and the 0+% membership number2
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
S&C(0)$ 12 "ertificate of Aut!orit% for a Notarial Act. - A certificate of
authority e#idencing the authenticity of the official seal and signature of a
notary public shall be issued by the &'ecuti#e Judge upon reAuest in
substantially the follo.ing form/
CERTIFICATE OF A+THORITC FOR A NOTARIA- ACT
I& name& title& %uris"iction of the E(ecutive )u"ge!& certify
that name of notary public!& the person name" in the seal
an" signature on the attache" "ocument& is a Notary *ublic
in an" for the CityBDunicipalityB*rovince! of the Republic of
the *hilippines an" authori3e" to act as such at the time of
the "ocument<s notari3ation#
IN AITNE.. AHEREOF& I have affi(e" belo$ my signature
an" seal of this office this "ate! "ay of month! year!#
'''''''''''''''''
official signature!
seal of E(ecutive )u"ge!
RULE X
CHANGES OF STATUS OF NOTARY PUBLIC
S&C(0)$ 12 Change of $ame and Address2
Dithin ten 4105 days after the change of name of the notary public by
court order or by marriage, or after ceasing to maintain the regular place of
.or3 or business, the notary public shall submit a signed and dated notice of
such fact to the &'ecuti#e Judge2
(he notary public shall not notari7e until/
4a5 he recei#es from the &'ecuti#e Judge a confirmation of the ne. name of
the notary public andCor change of regular place of .or3 or business6 and
4b5 a ne. seal bearing the ne. name has been obtained2
(he foregoing not.ithstanding, until the aforementioned steps ha#e been
completed, the notary public may continue to use the former name or regular
place of .or3 or business in performing notarial acts for three 485 months from
the date of the change, .hich may be e'tended once for #alid and @ust cause
by the &'ecuti#e Judge for another period not e'ceeding three 485 months2
S&C2 22 Resignation. - A notary public may resign his commission by
personally submitting a .ritten, dated and signed formal notice to the
&'ecuti#e Judge together .ith his notarial seal, notarial register and records2
&ffecti#e from the date indicated in the notice, he shall immediately cease to
perform notarial acts2 0n the e#ent of his incapacity to personally appear, the
submission of the notice may be performed by his duly authori7ed
representati#e2
S&C2 82 Pu&lication of Resignation. - (he &'ecuti#e Judge shall
immediately order the Cler3 of Court to post in a conspicuous place in the
offices of the &'ecuti#e Judge and of the Cler3 of Court the names of notaries
public .ho ha#e resigned their notarial commissions and the effecti#e dates of
their resignation2
RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY
SANCTIONS
S&C(0)$ 12 Re*ocation and Administrati*e +anctions. - 4a5 (he
&'ecuti#e Judge shall re#o3e a notarial commission for any ground on .hich
an application for a commission may be denied2
4b5 0n addition, the &'ecuti#e Judge may re#o3e the commission of, or
impose appropriate administrati#e sanctions upon, any notary public
.ho/
415 fails to 3eep a notarial register6
425 fails to ma3e the proper entry or entries in his notarial register
concerning his notarial acts6
485 fails to send the copy of the entries to the &'ecuti#e Judge .ithin the
first ten 4105 days of the month follo.ing6
445 fails to affi' to ac3no.ledgments the date of e'piration of his
commission6
455 fails to submit his notarial register, .hen filled, to the &'ecuti#e Judge6
4;5 fails to ma3e his report, .ithin a reasonable time, to the &'ecuti#e
Judge concerning the performance of his duties, as may be reAuired
by the @udge6
4<5 fails to reAuire the presence of a principal at the time of the notarial
act6
4=5 fails to identify a principal on the basis of personal 3no.ledge or
competent e#idence6
4?5 e'ecutes a false or incomplete certificate under Section 5, !ule 0-6
4105 3no.ingly performs or fails to perform any other act prohibited or
mandated by these !ules6 and
4115 commits any other dereliction or act .hich in the @udgment of the
&'ecuti#e Judge constitutes good cause for re#ocation of commission
or imposition of administrati#e sanction2
4c5 9pon #erified complaint by an interested, affected or aggrie#ed person,
the notary public shall be reAuired to file a #erified ans.er to the
complaint2
0f the ans.er of the notary public is not satisfactory, the &'ecuti#e Judge
shall conduct a summary hearing2 0f the allegations of the complaint are
not pro#en, the complaint shall be dismissed2 0f the charges are duly
established, the &'ecuti#e Judge shall impose the appropriate
administrati#e sanctions2 0n either case, the aggrie#ed party may appeal
the decision to the Supreme Court for re#ie.2 %ending the appeal, an
order imposing disciplinary sanctions shall be immediately e'ecutory,
unless other.ise ordered by the Supreme Court2
4d5 (he &'ecuti#e Judge may motu proprio initiate administrati#e
proceedings against a notary public, sub@ect to the procedures prescribed
in paragraph 4c5 abo#e and impose the appropriate administrati#e
sanctions on the grounds mentioned in the preceding paragraphs 4a5 and
4b52
S&C2 22 +uper*ision and -onitoring of Notaries Pu&lic. - (he &'ecuti#e
Judge shall at all times e'ercise super#ision o#er notaries public and shall
closely monitor their acti#ities2
S&C2 82 Pu&lication of Re*ocations and Administrati*e +anctions. - (he
&'ecuti#e Judge shall immediately order the Cler3 of Court to post in a
conspicuous place in the offices of the &'ecuti#e Judge and of the Cler3 of
Court the names of notaries public .ho ha#e been administrati#ely sanctioned
or .hose notarial commissions ha#e been re#o3ed2
S&C2 42 4eat! of Notar% Pu&lic. - 0f a notary public dies before fulfilling the
obligations in Section 44e5, !ule -0 and Section 24e5, !ule -00, the &'ecuti#e
Judge, upon being notified of such death, shall forth.ith cause compliance
.ith the pro#isions of these sections2
RULE XII
SPECIAL PROVISIONS
S&C(0)$ 12 Punis!a&le Acts. - (he &'ecuti#e Judge shall cause the
prosecution of any person .ho/
4a5 3no.ingly acts or other.ise impersonates a notary public6
4b5 3no.ingly obtains, conceals, defaces, or destroys the seal, notarial
register, or official records of a notary public6 and
4c5 3no.ingly solicits, coerces, or in any .ay influences a notary public to
commit official misconduct2
S&C 22 !eports to t!e +upreme "ourt. - (he &'ecuti#e Judge concerned
shall submit semestral reports to the Supreme Court on discipline and
prosecution of notaries public2
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
S&C(0)$ 12 Repeal. - All rules and parts of rules, including issuances of
the Supreme Court inconsistent here.ith, are hereby repealed or accordingly
modified2
S&C2 22 )ffecti*e 4ate. - (hese !ules shall ta3e effect on the first day of
August 2004, and shall be published in a ne.spaper of general circulation in
the %hilippines .hich pro#ides sufficiently .ide circulation2
%romulgated this ;
th
day of July, 20042
4Sgd25 4a*ide, #r. ".#., Puno, 1itug, Pangani&an, .uisum&ing, 6nare$-
+antiago, +ando*al-7utierre$, "arpio, Austria--artine$, "orona, "arpio-
-orales, "alle8o, +r., A$cuna and Tinga, JJ2