A.M. No.

12-8-8-SC
JUDICIAL AFFIDAVIT RULE
Whereas, case congestion and delays plague most courts in cities, given
the huge volume of cases filed each year and the slow and cumbersome
adversarial syste1n that the judiciary has in place;
Whereas, about 40% of criminal cases are dismissed annually owing to
the fact that complainants simply give up con1ing to court after repeated
postponements;
Whereas, few foreign businessmen make long-term investments in the
Philippines because its courts are unable to provide ample and speedy
protection to their investments, keeping its people poor;
Whereas, in order to reduce the time needed for completing the
testimonies of witnesses in cases under litigation, on February 21, 2012
the Supreme Court approved for piloting by trial courts in Quezon City the
compulsory use of judicial affidavits in place of the direct testimonies of
witnesses;
Whereas, it is reported that such piloting has quickly resulted in reducing
by about two-thirds the time used for presenting the testimonies of
witnesses, thus speeding up the hearing and adjudication of cases;
Whereas, the Supreme Court Committee on the Revision of the Rules of
Court, headed by Senior Associate Justice Antonio T. Carpio, and the SubCommittee on the Revision of the Rules on Civil Procedure, headed by
Associate Justice Roberto A. Abad, have recommended for adoption a
Judicial Affidavit Rule that will replicate nationwide the success of the
Quezon City experience in the use of judicial affidavits; and
Whereas, the Supreme Court En Banc finds merit in the recommendation;
NOW, THEREFORE, the Supreme Court En Banc hereby issues and
promulgates the following:
Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings,
and incidents requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts, the Municipal
Circuit Trial Courts, and the Shari' a Circuit Courts but
shall not apply to small claims cases under A.M. 08-8-7SC;

(2) The Regional Trial Courts and the Shari'a District

Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the
Court of Appeals, and the Shari'a Appellate Courts;
(4) The investigating officers and bodies authorized by
the Supreme Court to receive evidence, including the
Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies, whose
rules of procedure are subject to disapproval of the
Supreme Court, insofar as their existing rules of
procedure contravene the provisions of this Rule.1
(b) For the purpose of brevity, the above courts, quasi-judicial
bodies, or investigating officers shall be uniformly referred to
here as the "court."
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct
testimonies. - (a) The parties shall file with the court and serve on the
adverse party, personally or by licensed courier service, not later than
five days before pre-trial or preliminary conference or the scheduled
hearing with respect to motions and incidents, the following:
(1) The judicial affidavits of their witnesses, which shall
take the place of such witnesses' direct testimonies; and
(2) The parties' docun1entary or object evidence, if any,
which shall be attached to the judicial affidavits and
marked as Exhibits A, B, C, and so on in the case of the
complainant or the plaintiff, and as Exhibits 1, 2, 3, and
so on in the case of the respondent or the defendant.
(b) Should a party or a witness desire to keep the original
document or object evidence in his possession, he may, after the
same has been identified, marked as exhibit, and authenticated,
warrant in his judicial affidavit that the copy or reproduction
attached to such affidavit is a faithful copy or reproduction of that
original. In addition, the party or witness shall bring the original
document or object evidence for comparison during the
preliminary conference with the attached copy, reproduction, or
pictures, failing which the latter shall not be admitted.
This is without prejudice to the introduction of secondary evidence in
place of the original when allowed by existing rules.

Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be

prepared in the language known to the witness and, if not in English or
Filipino, accompanied by a translation in English or Filipino, and shall
contain the following:
(a) The name, age, residence or business address, and
occupation of the witness;
(b) The name and address of the lawyer who conducts or
supervises the examination of the witness and the place where
the examination is being held;
(c) A statement that the witness is answering the questions asked
of him, fully conscious that he does so under oath, and that he
may face criminal liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding
answers, consecutively numbered, that:
(1) Show the circumstances under which the witness
acquired the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the
issues that the case presents; and
(3) Identify the attached documentary and object
evidence and establish their authenticity in accordance
with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers
the oath or an officer who is authorized by law to administer the
same.
Section 4. Sworn attestation of the lawyer. - (a) The judicial affidavit
shall contain a sworn attestation at the end, executed by the lawyer who
conducted or supervised the examination of the witness, to the effect
that:
(1) He faithfully recorded or caused to be recorded the
questions he asked and the corresponding answers that
the witness gave; and
(2) Neither he nor any other person then present or
assisting him coached the witness regarding the latter's
answers.

(b) A false attestation shall subject the lawyer mentioned to

disciplinary action, including disbarment.
Section 5. Subpoena. - If the government employee or official, or the
requested witness, who is neither the witness of the adverse party nor a
hostile witness, unjustifiably declines to execute a judicial affidavit or
refuses without just cause to make the relevant books, documents, or
other things under his control available for copying, authentication, and
eventual production in court, the requesting party may avail himself of
the issuance of a subpoena ad testificandum or duces tecum under Rule
21 of the Rules of Court. The rules governing the issuance of a subpoena
to the witness in this case shall be the same as when taking his
deposition except that the taking of a judicial affidavit shal1 be
understood to be ex parte.
Section 6. Offer of and objections to testimony in judicial affidavit. - The
party presenting the judicial affidavit of his witness in place of direct
testimony shall state the purpose of such testimony at the start of the
presentation of the witness. The adverse party may move to disqualify
the witness or to strike out his affidavit or any of the answers found in it
on ground of inadmissibility. The court shall promptly rule on the motion
and, if granted, shall cause the marking of any excluded answer by
placing it in brackets under the initials of an authorized court personnel,
without prejudice to a tender of excluded evidence under Section 40 of
Rule 132 of the Rules of Court.
Section 7. Examination of the witness on his judicial affidavit. - The
adverse party shall have the right to cross-examine the witness on his
judicial affidavit and on the exhibits attached to the same. The party who
presents the witness may also examine him as on re-direct. In every
case, the court shall take active part in examining the witness to
determine his credibility as well as the truth of his testimony and to elicit
the answers that it needs for resolving the issues.
Section 8. Oral offer of and objections to exhibits. - (a) Upon the
termination of the testimony of his last witness, a party shall immediately
make an oral offer of evidence of his documentary or object exhibits,
piece by piece, in their chronological order, stating the purpose or
purposes for which he offers the particular exhibit.
(b) After each piece of exhibit is offered, the adverse party shall
state the legal ground for his objection, if any, to its admission,
and the court shall immediately make its ruling respecting that
exhibit.
(c) Since the documentary or object exhibits form part of the
judicial affidavits that describe and authenticate them, it is
sufficient that such exhibits are simply cited by their markings

during the offers, the objections, and the rulings, dispensing with
the description of each exhibit.
Section 9. Application of rule to criminal actions. - (a) This rule shall
apply to all criminal actions:
(1) Where the maximum of the imposable penalty does
not exceed six years;
(2) Where the accused agrees to the use of judicial
affidavits, irrespective of the penalty involved; or
(3) With respect to the civil aspect of the actions,
whatever the penalties involved are.
(b) The prosecution shall submit the judicial affidavits of its
witnesses not later than five days before the pre-trial, serving
copies if the same upon the accused. The complainant or public
prosecutor shall attach to the affidavits such documentary or
object evidence as he may have, marking them as Exhibits A, B,
C, and so on. No further judicial affidavit, documentary, or object
evidence shall be admitted at the trial.
(c) If the accused desires to be heard on his defense after receipt
of the judicial affidavits of the prosecution, he shall have the
option to submit his judicial affidavit as well as those of his
witnesses to the court within ten days from receipt of such
affidavits and serve a copy of each on the public and private
prosecutor, including his documentary and object evidence
previously marked as Exhibits 1, 2, 3, and so on. These affidavits
shall serve as direct testimonies of the accused and his witnesses
when they appear before the court to testify.
Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a)
A party who fails to submit the required judicial affidavits and exhibits on
time shall be deemed to have waived their submission. The court may,
however, allow only once the late submission of the same provided, the
delay is for a valid reason, would not unduly prejudice the opposing
party, and the defaulting party pays a fine of not less than P 1,000.00 nor
more than P5,000.00 at the discretion of the court.
(b) The court shall not consider the affidavit of any witness who
fails to appear at the scheduled hearing of the case as required.
Counsel who fails to appear without valid cause despite notice
shall be deemed to have waived his client's right to confront by
cross-examination the witnesses there present.

(c) The court shall not admit as evidence judicial affidavits that
do not conform to the content requirements of Section 3 and the
attestation requirement of Section 4 above. The court may,
however, allow only once the subsequent submission of the
compliant replacement affidavits before the hearing or trial
provided the delay is for a valid reason and would not unduly
prejudice the opposing party and provided further, that public or
private counsel responsible for their preparation and submission
pays a fine of not less than P1,000.00 nor more than P 5,000.00,
at the discretion of the court.
Section 11. Repeal or modification of inconsistent rules. - The provisions
of the Rules of Court and the rules of procedure governing investigating
officers and bodies authorized by the Supreme Court to receive evidence
are repealed or modified insofar as these are inconsistent with the
provisions of this Rule.1wphi1
The rules of procedure governing quasi-judicial bodies inconsistent
herewith are hereby disapproved.
Section 12. Effectivity. - This rule shall take effect on January 1, 2013
following its publication in two newspapers of general circulation not later
than September 15, 2012. It shall also apply to existing cases.
Manila, September 4, 2012.
MARIA LOURDES P. A. SERENO
Chief Justice
ANTONIO T. CARPIO
Associate Justice

PRESBITERO J. VELASCO,
JR.
Associate Justice

TERESITA J. LEONARDO-DE
CASTRO
Associate Justice

ARTURO D. BRION
Associate Justice

DISODADO M. PERLATA
Associate Justice

LUCAS P. BERSAMIN
Associate Justice

MARIANO C. DEL CASTILLO

Associate Justice

ROBERTO A. ABAD
Associate Justice

MARTIN S. VILLARAMA, JR.

Associate Justice

JOSE P. PEREZ
Associate Justice

JOSE C. MENDOZA

BIENVENIDO L. REYES

Associate Justice

Associate Justice

ESTELA M. PERLAS-BERNABE
Associate Justice

Footnotes
By virtue of the Supreme Court's authority under Section 5 (5),
Article VIII, of the 1987 Constitution to disapprove rules of
procedure of special courts and quasi-judicial bodies.
1

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

February 19, 2008

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

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

(adv127a)

Very truly yours.

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

MA. LUISA D. VILLARAMA (sgd)

A.M. No. 02-8-13-SC
2004 Rules on Notarial Practice
RESOLUTION
Acting on the compliance dated 05 July 2004 and on the proposed Rules
on Notarial Practice of 2004 submitted by the Sub-Committee for the
Study, Drafting and Formulation of the Rules Governing the Appointment
of Notaries Public and the Performance and Exercise of Their Official
Functions, of the Committees on Revision of the Rules of Court and on

xxx

Legal Education and Bar Matters, the Court Resolved to APPROVE the

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

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

proposed Rules on Notarial Practice of 2004, with modifications,

thus:chanroblesvirtuallawlibrary
2004 RULES ON NOTARIAL PRACTICE
RULE I

(a) at least one current identification document issued by

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

IMPLEMENTATION
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on
Notarial Practice.
SEC. 2. Purposes. - These Rules shall be applied and construed to
advance the following purposes:chanroblesvirtuallawlibrary
(a) to promote, serve, and protect public interest; chan robles virtual law
library
(b) to simplify, clarify, and modernize the rules governing notaries public;
and
(c) to foster ethical conduct among notaries public. chan robles virtual
law library
SEC. 3. Interpretation. - Unless the context of these Rules otherwise

(b) xxxx."

indicates, words in the singular include the plural, and words in the plural
include the singular.

RULE II

SEC. 5. Notarial Register. - Notarial Register refers to a permanently

DEFINITIONS

bound book with numbered pages containing a chronological record of

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

notarial acts performed by a notary public. chan robles virtual law library

which an individual on a single occasion:chanroblesvirtuallawlibrary

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

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

occasion:chanroblesvirtuallawlibrary

complete instrument or document;

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

chan robles virtual law library

instrument or document;

(b) is attested to be personally known to the notary public or identified

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

by the notary public through competent evidence of identity as defined

public through competent evidence of identity as defined by these

by these Rules; and -

Rules; chan robles virtual law library

chan robles virtual law library

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

(c) represents to the notary public that the signature on the instrument

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

or document was voluntarily affixed by him for the purposes stated in the

instrument or document.

instrument or document, declares that he has executed the instrument or

SEC. 7. Notarial Act and Notarization. - Notarial Act and Notarization

document as his free and voluntary act and deed, and, if he acts in a

refer to any act that a notary public is empowered to perform under

particular representative capacity, that he has the authority to sign in

these Rules.

that capacity.

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

SEC. 2. Affirmation or Oath. - The term Affirmation or Oath refers to

attachment to, a notarized instrument or document that is completed by

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

the notary public, bears the notary's signature and seal, and states the

library

facts attested to by the notary public in a particular notarization as

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

provided for by these Rules.chan robles virtual law library

library

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

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

any person commissioned to perform official acts under these

public through competent evidence of identity as defined by these Rules;

Rules.cralaw

and chan robles virtual law library

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

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

notary public whose act is the subject of notarization. chan robles virtual

instrument or document.

law library

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

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

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

work or business refers to a stationary office in the city or province

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

wherein the notary public renders legal and notarial services. chan robles

which a notary public:chanroblesvirtuallawlibrary

virtual law library

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

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

record, a public record, nor publicly recordable;

evidence of identity refers to the identification of an individual based

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

on:chanroblesvirtuallawlibrary

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

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

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

agency bearing the photograph and signature of the individual; or chan

robles virtual law library

RULE III

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

COMMISSIONING OF NOTARY PUBLIC

instrument, document or transaction who is personally known to the

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

notary public and who personally knows the individual, or of two credible

Executive Judge to any qualified person who submits a petition in

witnesses neither of whom is privy to the instrument, document or

accordance with these Rules. chan robles virtual law library

transaction who each personally knows the individual and shows to the

To be eligible for commissioning as notary public, the

notary public documentary identification.

petitioner:chanroblesvirtuallawlibrary

SEC. 13. Official Seal or Seal. - Official seal or Seal refers to a device

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

for affixing a mark, image or impression on all papers officially signed by

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

the notary public conforming the requisites prescribed by these Rules.

library

SEC. 14. Signature Witnessing. - The term signature witnessing refers

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

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

maintains a regular place of work or business in the city or province

virtual law library

where the commission is to be issued; chan robles virtual law library

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

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

instrument or document;

clearances from the Office of the Bar Confidant of the Supreme Court and

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

the Integrated Bar of the Philippines; and

public through competent evidence of identity as defined by these Rules;

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

and chan robles virtual law library

involving moral turpitude.

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

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

public.

for a notarial commission shall be in writing, verified, and shall include

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

the following:chanroblesvirtuallawlibrary

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

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

notarial commission.cralaw

including the petitioner's date of birth, residence, telephone number,

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

professional tax receipt, roll of attorney's number and IBP membership

Administrator refers to the Office of the Court Administrator of the

number;

Supreme Court.cralaw
SEC. 18. Executive Judge. - Executive Judge refers to the Executive

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

Judge of the Regional Trial Court of a city or province who issues a

(2) executive officers of the local chapter of the Integrated Bar of the

notarial commission.cralaw

Philippines where he is applying for commission;

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

notarial seal and shall include a wholesaler or retailer. chan robles virtual

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

law library

Rules; and

SEC. 20. Manufacturer. - Manufacturer under these Rules refers to one

who produces a notarial seal and shall include an engraver and seal

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

maker. chan robles virtual law library

within thirty (30) days of the application. The photograph should not be

retouched. The petitioner shall sign his name at the bottom part of the

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

photographs.

to object to the grant of the petition may file a verified written opposition

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

thereto. The opposition must be received by the Executive Judge before

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

the date of the summary hearing. chan robles virtual law library

virtual law library

SEC. 7. Form of Notarial Commission. - The commissioning of a notary

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

public shall be in a formal order signed by the Executive Judge

conduct a summary hearing on the petition and shall grant the same

substantially in the following form:chanroblesvirtuallawlibrary

if:chanroblesvirtuallawlibrary

REPUBLIC OF THE PHILIPPINES

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

REGIONAL TRIAL COURT OF ______________

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

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

(c) the petitioner establishes to the satisfaction of the Executive Judge

work or business) in (city or province) was on this (date) day of

that he has read and fully understood these Rules.

(month) two thousand and (year) commissioned by the

The Executive Judge shall forthwith issue a commission and a Certificate

undersigned as a notary public, within and for the said

of Authorization to Purchase a Notarial Seal in favor of the

jurisdiction, for a term ending the thirty-first day of December

petitioner. chan robles virtual law library

(year) chan robles virtual law library

SEC. 5. Notice of Summary Hearing. -

________________________

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

Executive Judge

general circulation in the city or province where the hearing shall be

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

conducted and posted in a conspicuous place in the offices of the

Notarial Seal. - The Certificate of Authorization to Purchase a Notarial

Executive Judge and of the Clerk of Court. The cost of the publication

Seal shall be valid for a period of three (3) months from date of issue,

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

unless extended by the Executive Judge.

petitioner.

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

notary public pursuant to the Certificate shall be presented to the

(b) The notice shall be substantially in the following

Executive Judge for approval prior to use.cralaw

form:chanroblesvirtuallawlibrary

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

NOTICE OF HEARING

The Certificate of Authorization to Purchase a Notarial Seal shall

Notice is hereby given that a summary hearing on the petition

substantially be in the following form:chanroblesvirtuallawlibrary

for notarial commission of (name of petitioner) shall be held on

(date) at (place) at (time). Any person who has any cause or

REPUBLIC OF THE PHILIPPINES

reason to object to the grant of the petition may file a verified

REGIONAL TRIAL COURT OF_____________ chan robles virtual law library

written opposition thereto, received by the undersigned before

CERTIFICATE OF AUTHORIZATION

the date of the summary hearing.chanrobles virtual law

TO PURCHASE A NOTARIAL SEAL chan robles virtual law library

library chan robles virtual law library

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

_____________________

who was commissioned by the undersigned as a notary public,

Executive Judge

within and for the said jurisdiction, for a term ending, the thirty-

first of December (year) to purchase a notarial seal.chanrobles

commission within thirty (30) days from receipt thereof. If the application

virtual law library chan robles virtual law library

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

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

RULE IV

________________________

POWERS AND LIMITATIONS OF NOTARIES PUBLIC

Executive Judge

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

following notarial acts:chanroblesvirtuallawlibrary

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

(1) acknowledgments;

notary public shall have only one official seal of office in accordance with

(2) oaths and affirmations;

these Rules.

(3) jurats; chan robles virtual law library

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

(4) signature witnessings;

may perform notarial acts in any place within the territorial jurisdiction of

(5) copy certifications; and

the commissioning court for a period of two (2) years commencing the

(6) any other act authorized by these Rules.

first day of January of the year in which the commissioning is made,

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

unless earlier revoked or the notary public has resigned under these

thumb or other mark on an instrument or document presented for

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

notarization if:chanroblesvirtuallawlibrary

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

(1) the thumb or other mark is affixed in the presence of the notary

maintain a Register of Notaries Public in his jurisdiction which shall

public and of two (2) disinterested and unaffected witnesses to the

contain, among others, the dates of issuance or revocation or suspension

instrument or document;

of notarial commissions, and the resignation or death of notaries public.

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

The Executive Judge shall furnish the Office of the Court Administrator

other mark;

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

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

Office of the Court Administrator shall keep a permanent, complete and

Other Mark affixed by (name of signatory by mark) in the presence of

updated database of such records. chan robles virtual law library

(names and addresses of witnesses) and undersigned notary public";

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

and chan robles virtual law library

application with the Executive Judge for the renewal of his commission

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

within forty-five (45) days before the expiration thereof. A mark, image or

through an acknowledgment, jurat, or signature witnessing.

impression of the seal of the notary public shall be attached to the

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

application.cralaw

physically unable to sign or make a mark on an instrument or document

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

if:chanroblesvirtuallawlibrary

notary public in the register of notaries public.cralaw

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

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

mark to sign on his behalf;

only be reinstated therein after he is issued a new commission in

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

accordance with these Rules. chan robles virtual law library

disinterested and unaffected witnesses to the instrument or document;

SEC. 14. Action on Application for Renewal of Commission. - The

(3) both witnesses sign their own names ;

Executive Judge shall, upon payment of the application fee mentioned in

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

Section 3 above of this Rule, act on an application for the renewal of a

notary in presence of (names and addresses of person and two [2]

witnesses); and

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

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

or transaction is unlawful or immoral;

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

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

outside his regular place of work or business; provided, however, that on

notary public reasonable doubt as to the former's knowledge of the

certain exceptional occasions or situations, a notarial act may be

consequences of the transaction requiring a notarial act; and

performed at the request of the parties in the following sites located

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

within his territorial jurisdiction: chan robles virtual law library

free will.

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

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

office may be administered;

robles virtual law library

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

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

instruments or documents requiring notarization;

notary to be false.

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

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

instrument or document is confined for treatment; and

incomplete.chan robles virtual law library

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

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

notarization is under detention.

notarize:chanroblesvirtuallawlibrary

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

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

signatory to the instrument or document -

law library

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

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

notarization; and

RULE V

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

FEES OF NOTARY PUBLIC

by the notary public through competent evidence of identity as defined

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

by these Rules.chan robles virtual law library

a notary public may charge the maximum fee as prescribed by the

SEC. 3. Disqualifications. - A notary public is disqualified from performing

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

a notarial act if he:chanroblesvirtuallawlibrary

chan robles virtual law library

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

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

robles virtual law library

fees and expenses separate and apart from the notarial fees prescribed

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

in the preceding section when traveling to perform a notarial act if the

advantage, right, title, interest, cash, property, or other consideration,

notary public and the person requesting the notarial act agree prior to

except as provided by these Rules and by law; or

the travel.cralaw

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

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

by affinity or consanguinity of the principal within the fourth civil

those expressly prescribed and allowed herein, shall be collected or

degree. chan robles virtual law library

received for any notarial service.cralaw

SEC. 4. Refusal to Notarize. - A notary public shall not perform any

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

notarial act described in these Rules for any person requesting such an

payment of any fees specified herein prior to the performance of a

act even if he tenders the appropriate fee specified by these Rules

notarial act unless otherwise agreed upon. chan robles virtual law library

if:chanroblesvirtuallawlibrary

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

library

performance of a notarial act are not subject to refund if the notary public

(6) the competent evidence of identity as defined by these Rules if the

had already traveled but failed to complete in whole or in part the

signatory is not

notarial act for reasons beyond his control and without negligence on his

personally known to the notary; chan robles virtual law library

part.cralaw

(7) the name and address of each credible witness swearing to or

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

affirming the person's identity;

services shall issue a receipt registered with the Bureau of Internal

(8) the fee charged for the notarial act;

Revenue and keep a journal of notarial fees. He shall enter in the journal

(9) the address where the notarization was performed if not in the

all fees charged for services rendered. chan robles virtual law library

notary's regular place of work or business; and

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

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

schedule of chargeable notarial fees.cralaw

or relevance.

RULE VI

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

NOTARIAL REGISTER

circumstances for not completing a notarial act.

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

(c) A notary public shall record in the notarial register the circumstances

maintain, protect and provide for lawful inspection as provided in these

of any request to inspect or copy an entry in the notarial register,

Rules, a chronological official notarial register of notarial acts consisting

including the requester's name, address, signature, thumbmark or other

of a permanently bound book with numbered pages. chan robles virtual

recognized identifier, and evidence of identity. The reasons for refusal to

law library

allow inspection or copying of a journal entry shall also be

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

recorded.cralaw

General to any notary public upon request and upon payment of the cost

(d) When the instrument or document is a contract, the notary public

thereof. The register shall be duly paged, and on the first page, the

shall keep an original copy thereof as part of his records and enter in said

Solicitor General shall certify the number of pages of which the book

records a brief description of the substance thereof and shall give to each

consists.cralaw

entry a consecutive number, beginning with number one in each calendar

For purposes of this provision, a Memorandum of Agreement or

year. He shall also retain a duplicate original copy for the Clerk of

Understanding may be entered into by the Office of the Solicitor General

Court.cralaw

and the Office of the Court Administrator. chan robles virtual law library

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

(b) A notary public shall keep only one active notarial register at any

executed, sworn to, or acknowledged before him a number corresponding

given time.cralaw

to the one in his register, and shall also state on the instrument or

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

document the page/s of his register on which the same is recorded. No

notary shall record in the notarial register at the time of notarization the

blank line shall be left between entries.cralaw

following: chan robles virtual law library

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

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

the notary public shall make a full and true record of all proceedings in

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

relation thereto and shall note therein whether the demand for the sum

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

of money was made, by whom, when, and where; whether he presented

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

such draft, bill or note; whether notices were given, to whom and in what

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

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

the notarial register, the notary shall deny access to any entry or entries

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

therein.cralaw

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

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

register the number of instruments or documents executed, sworn to,

notarial register is stolen, lost, destroyed, damaged, or otherwise

acknowledged, or protested before him; or if none, this certificate shall

rendered unusable or illegible as a record of notarial acts, the notary

show this fact.cralaw

public shall, within ten (10) days after informing the appropriate law

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

enforcement agency in the case of theft or vandalism, notify the

of any instrument acknowledged before the notary public shall, within the

Executive Judge by any means providing a proper receipt or

first ten (10) days of the month following, be forwarded to the Clerk of

acknowledgment, including registered mail and also provide a copy or

Court and shall be under the responsibility of such officer. If there is no

number of any pertinent police report.cralaw

entry to certify for the month, the notary shall forward a statement to this

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

effect in lieu of certified copies herein required.cralaw

the notary public, the notarial register and notarial records shall

SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the

immediately be delivered to the office of the Executive Judge.cralaw

notary's notarial register shall be signed or a thumb or other mark affixed

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

by each:chanroblesvirtuallawlibrary

a certified true copy of the notarial record, or any part thereof, to any

(a) principal;

person applying for such copy upon payment of the legal fees.cralaw

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

RULE VII

and

SIGNATURE AND SEAL OF NOTARY PUBLIC

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

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

notary public on behalf of a person physically unable to sign.

document, a notary public shall:chanroblesvirtuallawlibrary

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

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

any person may inspect an entry in the notarial register, during regular

as appearing on the notary's commission; chan robles virtual law library

business hours, provided;

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

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

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

proven through competent evidence of identity as defined in these

performed.

Rules;

SEC. 2. Official Seal. - (a) Every person commissioned as notary public

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

shall have a seal of office, to be procured at his own expense, which shall

recognized identifier, in the notarial register in a separate, dated entry;

not be possessed or owned by any other person. It shall be of metal,

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

circular in shape, two inches in diameter, and shall have the name of the

and name of the principal in the notarial act or acts sought; and

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

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

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

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

words "notary public" across the center. A mark, image or impression of

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

such seal shall be made directly on the paper or parchment on which the

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

writing appears.

has a criminal intent or wrongful motive in requesting information from

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

page of the instrument or document notarized. chan robles virtual law

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

library

Executive Judge may issue an authorization to sell to a vendor or

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

manufacturer of notarial seals after verification and investigation of the

shall be accessible only to the notary public or the person duly authorized

latter's qualifications. The Executive Judge shall charge an authorization

by him. chan robles virtual law library

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

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

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

lost, damaged or other otherwise rendered unserviceable in affixing a

manufacturer's authorization fee.cralaw

legible image, the notary public, after informing the appropriate law

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

enforcement agency, shall notify the Executive Judge in writing, providing

the date of its issuance and may be renewed by the Executive Judge for a

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

similar period upon payment of the authorization fee mentioned in the

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

preceding paragraph.cralaw

appropriate police record. Upon receipt of such notice, if found in order

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

by the Executive Judge, the latter shall order the notary public to cause

submission of a certified copy of the commission and the Certificate of

notice of such loss or damage to be published, once a week for three (3)

Authorization to Purchase a Notarial Seal issued by the Executive Judge. A

consecutive weeks, in a newspaper of general circulation in the city or

notary public obtaining a new seal as a result of change of name shall

province where the notary public is commissioned. Thereafter, the

present to the vendor or manufacturer a certified copy of the

Executive Judge shall issue to the notary public a new Certificate of

Confirmation of the Change of Name issued by the Executive

Authorization to Purchase a Notarial Seal.cralaw

Judge.cralaw

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

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

or the revocation or expiration of a notarial commission, the official seal

Certificate of Authorization to Purchase a Notarial Seal.cralaw

shall be surrendered to the Executive Judge and shall be destroyed or

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

defaced in public during office hours. In the event that the missing, lost

impression of the seal to the Certificate of Authorization to Purchase a

or damaged seal is later found or surrendered, it shall be delivered by the

Notarial Seal and submit the completed Certificate to the Executive

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

Judge. Copies of the Certificate of Authorization to Purchase a Notarial

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

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

court. In the event of death of the notary public, the person in possession

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

of the official seal shall have the duty to surrender it to the Executive

(g) A notary public obtaining a new seal as a result of change of name

Judge.cralaw

shall present to the vendor a certified copy of the order confirming the

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

change of name issued by the Executive Judge.cralaw

permanent, and photographically reproducible mark, image or impression

RULE VIII

of the official seal beside his signature on the notarial certificate of a

NOTARIAL CERTIFICATES

paper instrument or document.cralaw

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

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

notarial instrument or document shall conform to all the requisites

notarial seals may not sell said product without a written authorization

prescribed herein, the Rules of Court and all other provisions of issuances

from the Executive Judge.cralaw

by the Supreme Court and in applicable laws. chan robles virtual law
library

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

notarial certificate shall include the following:chanroblesvirtuallawlibrary

The notary public shall not notarize until:chanroblesvirtuallawlibrary

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

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

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

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

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

and

public is commissioned, the expiration date of the commission, the office

address of the notary public; and

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

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

The foregoing notwithstanding, until the aforementioned steps have been

the place and date of issuance thereof, and the IBP membership number.

completed, the notary public may continue to use the former name or

RULE IX

regular place of work or business in performing notarial acts for three (3)

CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

months from the date of the change, which may be extended once for

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

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

authority evidencing the authenticity of the official seal and signature of

exceeding three (3) months.

a notary public shall be issued by the Executive Judge upon request in

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

substantially the following form: chan robles virtual law library

personally submitting a written, dated and signed formal notice to the

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

Executive Judge together with his notarial seal, notarial register and

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

records. Effective from the date indicated in the notice, he shall

(name of notary public), the person named in the seal and

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

signature on the attached document, is a Notary Public in and for

to personally appear, the submission of the notice may be performed by

the (City/Municipality/Province) of the Republic of the Philippines

his duly authorized representative.cralaw

and authorized to act as such at the time of the document's

SEC. 3. Publication of Resignation. - The Executive Judge shall

notarization.chanrobles virtual law librarychan robles virtual law

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

library

offices of the Executive Judge and of the Clerk of Court the names of

IN WITNESS WHEREOF, I have affixed below my signature and

notaries public who have resigned their notarial commissions and the

seal of this office this (date) day of (month) (year).chanrobles

effective dates of their resignation.cralaw

virtual law library chan robles virtual law library

RULE XI

_________________

REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS

(official signature)

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

(seal of Executive Judge)

Judge shall revoke a notarial commission for any ground on which an

RULE X

application for a commission may be denied. chan robles virtual law

CHANGES OF STATUS OF NOTARY PUBLIC

library

SECTION 1. Change of Name and Address. -

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

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

impose appropriate administrative sanctions upon, any notary public

court order or by marriage, or after ceasing to maintain the regular place

who:chanroblesvirtuallawlibrary

of work or business, the notary public shall submit a signed and dated

(1) fails to keep a notarial register;

notice of such fact to the Executive Judge.

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

concerning his notarial acts;

SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive

(3) fails to send the copy of the entries to the Executive Judge within the

Judge shall at all times exercise supervision over notaries public and shall

first ten (10) days of the month following;

closely monitor their activities. chan robles virtual law library

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

SEC. 3. Publication of Revocations and Administrative Sanctions. - The

commission;

Executive Judge shall immediately order the Clerk of Court to post in a

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

conspicuous place in the offices of the Executive Judge and of the Clerk of

Judge;

Court the names of notaries public who have been administratively

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

sanctioned or whose notarial commissions have been revoked.cralaw

Judge concerning the performance of his duties, as may be required by

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

the judge;

obligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the

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

Executive Judge, upon being notified of such death, shall forthwith cause

act;

compliance with the provisions of these sections. chan robles virtual law

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

library

competent evidence;

RULE XII

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

SPECIAL PROVISIONS

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

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

mandated by these Rules; and

prosecution of any person who:chanroblesvirtuallawlibrary

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

(a) knowingly acts or otherwise impersonates a notary public; chan robles

Executive Judge constitutes good cause for revocation of commission or

virtual law library

imposition of administrative sanction.

(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial

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

register, or official records of a notary public; and

person, the notary public shall be required to file a verified answer to the

(c) knowingly solicits, coerces, or in any way influences a notary public to

complaint. If the answer of the notary public is not satisfactory, the

commit official misconduct.

Executive Judge shall conduct a summary hearing. If the allegations of

SEC 2. Reports to the Supreme Court. - The Executive Judge concerned

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

shall submit semestral reports to the Supreme Court on discipline and

charges are duly established, the Executive Judge shall impose the

prosecution of notaries public.

appropriate administrative sanctions. In either case, the aggrieved party

RULE XIII

may appeal the decision to the Supreme Court for review. Pending the

REPEALING AND EFFECTIVITY PROVISIONS

appeal, an order imposing disciplinary sanctions shall be immediately

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

executory, unless otherwise ordered by the Supreme Court.

the Supreme Court inconsistent herewith, are hereby repealed or

(d) The Executive Judge may motu proprio initiate administrative

accordingly modified. chan robles virtual law library

proceedings against a notary public, subject to the procedures prescribed

SEC. 2. Effective Date. - These Rules shall take effect on the first day of

in paragraph (c) above and impose the appropriate administrative

August 2004, and shall be published in a newspaper of general circulation

sanctions on the grounds mentioned in the preceding paragraphs (a) and

in the Philippines which provides sufficiently wide circulation.

(b).cralaw

Promulgated this 6th day of July, 2004. chan robles virtual law library

Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago,

Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales,
Callejo, Sr., Azcuna and Tinga, JJ.c

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

THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES

(d) Petition for relief from judgment;

(e) Motion for extension of time to file pleadings, affidavits, or
any other paper;

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

(g) Petition for certiorari, mandamus, or prohibition against any

interlocutory order issued by the court;
(h) Motion to declare the defendant in default;

Section 11. Response. - The defendant shall file with the court and serve
on the plaintiff a duly accomplished and verified Response within a nonextendible period of ten (10) days from receipt of summons. The
Response shall be accompanied by certified photocopies of documents,
as well as affidavits of witnesses and other evidence in support thereof.
No evidence shall be allowed during the hearing which was not attached
to or submitted together with the Response, unless good cause is shown
for the admission of additional evidence.

(i) Dilatory motions for postponement;

(j) Reply;
(k) Third-party complaints; and
(l) Interventions.

THE GROUNDS FOR THE DISMISSAL OF THE CLAIM, UNDER RULE

16 OF THE RULES OF COURT, SHOULD BE PLEADED.
Section 12. Effect of Failure to File Response. - Should the defendant fail
to file his Response within the required period, AND LIKEWISE FAIL TO
APPEAR AT THE DATE SET FOR HEARING, THE COURT SHALL
RENDER JUDGMENT ON THE SAME DAY, AS MAY BE WARRANTED
BY THE FACTS.
SHOULD THE DEFENDANT FAIL TO FILE RESPONSE WITHIN THE
REQUIRED PERIOD BUT APPEARS AT THE DATE SET FOR HEARING,
THE COURT SHALL ASCERTAIN WHAT DEFENSE HE HAS TO OFFER
AND PROCEED TO HEAR, MEDIATE OR ADJUDICATE THE CASE ON
THE SAME DAY AS IF A RESPONSE HAS BEEN FILED.
Section 14. Prohibited Pleadings and Motions. - The following pleadings,
motions, or petitions shall not be allowed in the cases covered by this
Rule:
(a) MOTION TO DISMISS THE COMPLAINT;

Section 16. Appearance .- The parties shall appear at thedesignated

date of hearing personally.
APPEARANCE THROUGH A REPRESENTATIVE MUST BE FOR
A VALID CAUSE. THE REPRESENTATIVE OF AN INDIVIDUALPARTY MUST NOT BE A LAWYER, AND MUST BE RELATED
TO OR NEXT-OF-SKIN OF THE INDIVIDUAL-PARTY.
JURIDICAL ENTITIES SHALL NOT BE REPRESENTED BY A
LAWYER IN ANY CAPACITY.
THE REPRESENTATIVE MUST BE authorized under a Special Power of
Attorney ( Form 5-SCC ) to enter into an amicable SETTLEMENT OF THE
DISPUTE and to enter into stipulations or admissions of facts and of
documentary exhibits.
Section 21. HEARING. - At the hearing, the judge shall EXERT
EFFORTS TO BRING THE PARTIES TO AN AMICABLE SETTLEMENT
OF THEIR DISPUTE. Any settlement ( Form 7-SCC ) or resolution ( Form
8-SCC ) of the dispute shall be reduced into writing, signed by the parties
and submitted to the court for approval ( Form 12-SCC ).

(b) Motion for a bill of particulars;

(c) Motion for new trial, or for reconsideration of a judgment, or
for reopening of trial;

SETTLEMENT DISCUSSIONS SHALL BE STRICTLY CONFIDENTIAL

AND ANY REFERENCE TO ANY SETTLEMENT MADE IN THE COURSE
OF SUCH DISCUSSIONS SHALL BE PUNISHABLE BY CONTEMPT.

Section 22. Failure of SETTLEMENT. - If EFFORTS AT SETTLEMENT

FAIL, the hearing shall proceed in an informal and expenditious manner
and BE terminated within one (1) day. EITHER PARTY MAY MOVE IN
WRITING ( FORM 10-SCC ) TO HAVE ANOTHER JUDGE HEAR AND
DECIDE THE CASE. THE REASSIGNMENT WITH EXISTING
ISSUANCES.
THE REFERRAL BY THE ORIGINAL JUDGE TO THE EXECUTIVE JUGDE
SHALL BE MADE WITHIN THE SAME DAY THE MOTION IS FILED
AND GRANTED, AND BY THE EXECUTIVE JUDGE TO THE
DESIGNATED JUDGE WITHIN THA SAME DAY OF THE REFERRAL.
THE NEW JUDGE SHALL HEAR AND DECIDE THE CASE WITHIN FIVE
(5) WORKING DAYS FROM RECEIPT OF THE ORDER OF
REASIGNMENT.
The amendments of the Rule shall take effect on November 3, 2009
following its publication in two (2) newspapers of general circulation.
October 27, 2009

Signed REYNATO S. PUNO

Chief Justice
Signed LEONARDO A.
QUISUMBING
Associate Justice

Signed ANTONIO T. CARPIO

Associate Justice

(on leave)
RENATO C. CORONA
Associate Justice

(on leave)
CONCHITA CARPIO
MORALES
Associate Justice

Signed MINITA V. CHICONAZARIO

Associate Justice

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

(on leave)
ANTONIO EDUARDO B.
NACHURA
Associate Justice

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

Signed ARTURO D. BRION

Associate Justice

Signed DIOSDADO M.
PERALTA
Associate Justice

LUCAS P. BERSAMIN
Associate Justice

(on leave)
MARIANO C. DEL CASTILLO
Associate Justice

Signed ROBERTO A. ABAD

Associate Justice