2004 Notarial Rules
2004 Notarial Rules
(c) signs the instrument or document in the (c) proof of payment for the filing of the petition as
presence of the notary public. required by these Rules; and
SEC. 15. Court. - “Court” refers to the Supreme Court (d) three (3) passport-size color photographs with light
of the Philippines. background taken within thirty (30) days of the
application. The photograph should not be retouched.
SEC. 16. Petitioner. - “Petitioner” refers to a person who
applies for a notarial commission.cr
The petitioner shall sign his name at the bottom part of This is to certify that (name of notary public) of (regular
the photographs. place of work or business) in (city or province) was on
this (date) day of (month) two thousand and (year)
SEC. 3. Application Fee. - Every petitioner for a notarial
commissioned by the undersigned as a notary public,
commission shall pay the application fee as prescribed
within and for the said jurisdiction, for a term ending
in the Rules of Court.
the thirty-first day of December (year)
SEC. 4. Summary Hearing on the Petition. - The ________________________
Executive Judge shall conduct a summary hearing on Executive Judge
the petition and shall grant the same if:
SEC. 8. Period Of Validity of Certificate of Authorization
(a) the petition is sufficient in form and substance; to Purchase a Notarial Seal. - The Certificate of
Authorization to Purchase a Notarial Seal shall be valid
(b) the petitioner proves the allegations contained in the for a period of three (3) months from date of issue,
petition; and unless extended by the Executive Judge.
(c) the petitioner establishes to the satisfaction of the A mark, image or impression of the seal that may be
Executive Judge that he has read and fully understood purchased by the notary public pursuant to the
these Rules. Certificate shall be presented to the Executive Judge for
approval prior to use.
The Executive Judge shall forthwith issue a commission
and a Certificate of Authorization to Purchase a Notarial SEC. 9. Form of Certificate of Authorization to Purchase
Seal in favor of the petitioner. a Notarial Seal. - The Certificate of Authorization to
Purchase a Notarial Seal shall substantially be in the
SEC. 5. Notice of Summary Hearing. -
following form:
(a) The notice of summary hearing shall be published in
REPUBLIC OF THE PHILIPPINES
a newspaper of general circulation in the city or
REGIONAL TRIAL COURT OF_____________
province where the hearing shall be conducted and
posted in a conspicuous place in the offices of the CERTIFICATE OF AUTHORIZATION
Executive Judge and of the Clerk of Court. The cost of TO PURCHASE A NOTARIAL SEAL
the publication shall be borne by the petitioner. The
notice may include more than one petitioner. This is to authorize (name of notary public) of (city or
province) who was commissioned by the undersigned
(b) The notice shall be substantially in the following as a notary public, within and for the said jurisdiction,
form: for a term ending, the thirty-first of December (year) to
purchase a notarial seal.
NOTICE OF HEARING
Issued this (day) of (month) (year).
Notice is hereby given that a summary hearing on the
petition for notarial commission of (name of petitioner) ________________________
shall be held on (date) at (place) at (time). Any person Executive Judge
who has any cause or reason to object to the grant of
the petition may file a verified written opposition SEC. 10. Official Seal of Notary Public. - Every person
thereto, received by the undersigned before the date of commissioned as notary public shall have only one
the summary hearing.ch official seal of office in accordance with these Rules.
(c) in the notary's judgment, the signatory is SECTION 1. Form of Notarial Register. - (a) A notary
not acting of his or her own free will. public shall keep, maintain, protect and provide for
lawful inspection as provided in these Rules, a
SEC. 5. False or Incomplete Certificate. - A notary public
chronological official notarial register of notarial acts
shall not:
consisting of a permanently bound book with numbered
(a) execute a certificate containing information pages.
known or believed by the notary to be false.
The register shall be kept in books to be furnished by
(b) affix an official signature or seal on a the Solicitor General to any notary public upon request
notarial certificate that is incomplete. and upon payment of the cost thereof. The register shall
be duly paged, and on the first page, the Solicitor
SEC. 6. Improper Instruments or Documents. - A notary General shall certify the number of pages of which the
public shall not notarize: book consists.
(a) a blank or incomplete instrument or For purposes of this provision, a Memorandum of
document; or Agreement or Understanding may be entered into by
the Office of the Solicitor General and the Office of the
(b) an instrument or document without
Court Administrator.
appropriate notarial certification.
(b) A notary public shall keep only one active notarial
RULE V
register at any given time.
FEES OF NOTARY PUBLIC
SEC. 2. Entries in the Notarial Register. - (a) For every
SECTION 1. Imposition and Waiver of Fees. - For
notarial act, the notary shall record in the notarial
performing a notarial act, a notary public may charge
register at the time of notarization the following:
the maximum fee as prescribed by the Supreme Court
unless he waives the fee in whole or in part. (1) the entry number and page number;
SEC. 2. Travel Fees and Expenses. - A notary public may (2) the date and time of day of the notarial act;
charge travel fees and expenses separate and apart
from the notarial fees prescribed in the preceding (3) the type of notarial act;
section when traveling to perform a notarial act if the
(4) the title or description of the instrument,
notary public and the person requesting the notarial act
document or proceeding;
agree prior to the travel.cr
(5) the name and address of each principal; (h) A certified copy of each month's entries and a
duplicate original copy of any instrument acknowledged
(6) the competent evidence of identity as
before the notary public shall, within the first ten (10)
defined by these Rules if the signatory is not
days of the month following, be forwarded to the Clerk
personally known to the notary;
of Court and shall be under the responsibility of such
(7) the name and address of each credible officer. If there is no entry to certify for the month, the
witness swearing to or affirming the person's notary shall forward a statement to this effect in lieu of
identity; certified copies herein required.
(8) the fee charged for the notarial act; SEC. 3. Signatures and Thumbmarks. - At the time of
notarization, the notary's notarial register shall be
(9) the address where the notarization was signed or a thumb or other mark affixed by each:
performed if not in the notary's regular place of
work or business; and (a) principal;
(10) any other circumstance the notary public (b) credible witness swearing or affirming to the identity
may deem of significance or relevance. of a principal; and
(b) A notary public shall record in the notarial register (c) witness to a signature by thumb or other mark, or
the reasons and circumstances for not completing a to a signing by the notary public on behalf of a person
notarial act. physically unable to sign.
(c) A notary public shall record in the notarial register SEC. 4. Inspection, Copying and Disposal. - (a) In the
the circumstances of any request to inspect or copy an notary's presence, any person may inspect an entry in
entry in the notarial register, including the requester's the notarial register, during regular business hours,
name, address, signature, thumbmark or other provided;
recognized identifier, and evidence of identity. The
(1) the person's identity is personally known to
reasons for refusal to allow inspection or copying of a
the notary public or proven through competent
journal entry shall also be recorded.
evidence of identity as defined in these Rules;
(d) When the instrument or document is a contract, the
(2) the person affixes a signature and thumb or
notary public shall keep an original copy thereof as part other mark or other recognized identifier, in the
of his records and enter in said records a brief
notarial register in a separate, dated entry;
description of the substance thereof and shall give to
each entry a consecutive number, beginning with (3) the person specifies the month, year, type
number one in each calendar year. He shall also retain of instrument or document, and name of the
a duplicate original copy for the Clerk of Court. principal in the notarial act or acts sought; and
(e) The notary public shall give to each instrument or (4) the person is shown only the entry or entries
document executed, sworn to, or acknowledged before specified by him.
him a number corresponding to the one in his register,
(b) The notarial register may be examined by a law
and shall also state on the instrument or document the
enforcement officer in the course of an official
page/s of his register on which the same is recorded.
investigation or by virtue of a court order.
No blank line shall be left between entries.
(f) In case of a protest of any draft, bill of exchange or (c) If the notary public has a reasonable ground to
believe that a person has a criminal intent or wrongful
promissory note, the notary public shall make a full and
motive in requesting information from the notarial
true record of all proceedings in relation thereto and
register, the notary shall deny access to any entry or
shall note therein whether the demand for the sum of
entries therein.
money was made, by whom, when, and where; whether
he presented such draft, bill or note; whether notices SEC. 5. Loss, Destruction or Damage of Notarial
were given, to whom and in what manner; where the Register. - (a) In case the notarial register is stolen, lost,
same was made, when and to whom and where destroyed, damaged, or otherwise rendered unusable
directed; and of every other fact touching the same. or illegible as a record of notarial acts, the notary public
shall, within ten (10) days after informing the
(g) At the end of each week, the notary public shall
appropriate law enforcement agency in the case of theft
certify in his notarial register the number of instruments
or vandalism, notify the Executive Judge by any means
or documents executed, sworn to, acknowledged, or
providing a proper receipt or acknowledgment,
protested before him; or if none, this certificate shall
including registered mail and also provide a copy or
show this fact.
number of any pertinent police report.
(b) Upon revocation or expiration of a notarial shall issue to the notary public a new Certificate of
commission, or death of the notary public, the notarial Authorization to Purchase a Notarial Seal.
register and notarial records shall immediately be
(e) Within five (5) days after the death or resignation of
delivered to the office of the Executive Judge.
the notary public, or the revocation or expiration of a
SEC. 6. Issuance of Certified True Copies. - The notary notarial commission, the official seal shall be
public shall supply a certified true copy of the notarial surrendered to the Executive Judge and shall be
record, or any part thereof, to any person applying for destroyed or defaced in public during office hours. In
such copy upon payment of the legal fees. the event that the missing, lost or damaged seal is later
found or surrendered, it shall be delivered by the notary
RULE VII
public to the Executive Judge to be disposed of in
SIGNATURE AND SEAL OF NOTARY PUBLIC
accordance with this section. Failure to effect such
SECTION 1. Official Signature. – In notarizing a paper surrender shall constitute contempt of court. In the
instrument or document, a notary public shall: event of death of the notary public, the person in
possession of the official seal shall have the duty to
(a) sign by hand on the notarial certificate only surrender it to the Executive Judge.
the name indicated and as appearing on the
notary's commission; SEC. 3. Seal Image. - The notary public shall affix a
single, clear, legible, permanent, and photographically
(b) not sign using a facsimile stamp or printing reproducible mark, image or impression of the official
device; and seal beside his signature on the notarial certificate of a
paper instrument or document.
(c) affix his official signature only at the time
the notarial act is performed. SEC. 4. Obtaining and Providing Seal. - (a) A vendor or
manufacturer of notarial seals may not sell said product
SEC. 2. Official Seal. - (a) Every person commissioned
without a written authorization from the Executive
as notary public shall have a seal of office, to be
Judge.
procured at his own expense, which shall not be
possessed or owned by any other person. It shall be of (b) Upon written application and after payment of the
metal, circular in shape, two inches in diameter, and application fee, the Executive Judge may issue an
shall have the name of the city or province and the word authorization to sell to a vendor or manufacturer of
“Philippines” and his own name on the margin and the notarial seals after verification and investigation of the
roll of attorney's number on the face thereof, with the latter's qualifications. The Executive Judge shall charge
words "notary public" across the center. A mark, image an authorization fee in the amount of PhP 4,000 for the
or impression of such seal shall be made directly on the vendor and PhP 8,000 for the manufacturer. If a
paper or parchment on which the writing appears. manufacturer is also a vendor, he shall only pay the
manufacturer's authorization fee.
(b) The official seal shall be affixed only at the time the
notarial act is performed and shall be clearly impressed (c) The authorization shall be in effect for a period of
by the notary public on every page of the instrument or four (4) years from the date of its issuance and may be
document notarized. renewed by the Executive Judge for a similar period
upon payment of the authorization fee mentioned in the
(c) When not in use, the official seal shall be kept safe
preceding paragraph.
and secure and shall be accessible only to the notary
public or the person duly authorized by him. (d) A vendor or manufacturer shall not sell a seal to a
buyer except upon submission of a certified copy of the
(d) Within five (5) days after the official seal of a notary
commission and the Certificate of Authorization to
public is stolen, lost, damaged or other otherwise
Purchase a Notarial Seal issued by the Executive Judge.
rendered unserviceable in affixing a legible image, the
A notary public obtaining a new seal as a result of
notary public, after informing the appropriate law
change of name shall present to the vendor or
enforcement agency, shall notify the Executive Judge in
manufacturer a certified copy of the Confirmation of the
writing, providing proper receipt or acknowledgment,
Change of Name issued by the Executive Judge.
including registered mail, and in the event of a crime
committed, provide a copy or entry number of the (e) Only one seal may be sold by a vendor or
appropriate police record. Upon receipt of such notice, manufacturer for each Certificate of Authorization to
if found in order by the Executive Judge, the latter shall Purchase a Notarial Seal.
order the notary public to cause notice of such loss or
damage to be published, once a week for three (3) (f) After the sale, the vendor or manufacturer shall affix
consecutive weeks, in a newspaper of general a mark, image or impression of the seal to the
circulation in the city or province where the notary Certificate of Authorization to Purchase a Notarial Seal
public is commissioned. Thereafter, the Executive Judge and submit the completed Certificate to the Executive
Judge. Copies of the Certificate of Authorization to
Purchase a Notarial Seal and the buyer's commission (official signature)
shall be kept in the files of the vendor or manufacturer
(seal of Executive Judge)
for four (4) years after the sale.
RULE X
(g) A notary public obtaining a new seal as a result of
CHANGES OF STATUS OF NOTARY PUBLIC
change of name shall present to the vendor a certified
copy of the order confirming the change of name issued SECTION 1. Change of Name and Address. -
by the Executive Judge.
Within ten (10) days after the change of name of the
RULE VIII notary public by court order or by marriage, or after
NOTARIAL CERTIFICATES ceasing to maintain the regular place of work or
business, the notary public shall submit a signed and
SECTION 1. Form of Notarial Certificate. - The notarial
form used for any notarial instrument or document shall dated notice of such fact to the Executive Judge.
conform to all the requisites prescribed herein, the
The notary public shall not notarize until:
Rules of Court and all other provisions of issuances by
the Supreme Court and in applicable laws. (a) he receives from the Executive Judge a confirmation
of the new name of the notary public and/or change of
SEC. 2. Contents of the Concluding Part of the Notarial
regular place of work or business; and
Certificate. – The notarial certificate shall include the
following: (b) a new seal bearing the new name has been
obtained.
(a) the name of the notary public as exactly indicated in
the commission; The foregoing notwithstanding, until the
(b) the serial number of the commission of the notary aforementioned steps have been completed, the notary
public may continue to use the former name or regular
public;
place of work or business in performing notarial acts for
(c) the words "Notary Public" and the province or city three (3) months from the date of the change, which
where the notary public is commissioned, the expiration may be extended once for valid and just cause by the
date of the commission, the office address of the notary Executive Judge for another period not exceeding three
public; and (3) months.
(d) the roll of attorney's number, the professional tax SEC. 2. Resignation. - A notary public may resign his
receipt number and the place and date of issuance commission by personally submitting a written, dated
thereof, and the IBP membership number. and signed formal notice to the Executive Judge
together with his notarial seal, notarial register and
RULE IX
records. Effective from the date indicated in the notice,
CERTIFICATE OF AUTHORITY OF NOTARIES
he shall immediately cease to perform notarial acts. In
PUBLIC
the event of his incapacity to personally appear, the
SECTION 1. Certificate of Authority for a Notarial Act. - submission of the notice may be performed by his duly
A certificate of authority evidencing the authenticity of authorized representative.
the official seal and signature of a notary public shall be
SEC. 3. Publication of Resignation. - The Executive
issued by the Executive Judge upon request in
Judge shall immediately order the Clerk of Court to post
substantially the following form:
in a conspicuous place in the offices of the Executive
CERTIFICATE OF AUTHORITY FOR A NOTARIAL Judge and of the Clerk of Court the names of notaries
ACT public who have resigned their notarial commissions
and the effective dates of their resignation.
I, (name, title, jurisdiction of the Executive Judge),
certify that (name of notary public), the person named RULE XI
in the seal and signature on the attached document, is REVOCATION OF COMMISSION AND
a Notary Public in and for the DISCIPLINARY SANCTIONS
(City/Municipality/Province) of the Republic of the
SECTION 1. Revocation and Administrative Sanctions. -
Philippines and authorized to act as such at the time of (a) The Executive Judge shall revoke a notarial
the document's notarization.
commission for any ground on which an application for
IN WITNESS WHEREOF, I have affixed below my a commission may be denied.
signature and seal of this office this (date) day of
(b) In addition, the Executive Judge may revoke the
(month) (year).
commission of, or impose appropriate administrative
sanctions upon, any notary public who:
(7) fails to require the presence of a principal at SECTION 1. Punishable Acts. - The Executive Judge
the time of the notarial act; shall cause the prosecution of any person who:
(8) fails to identify a principal on the basis of (a) knowingly acts or otherwise impersonates a
personal knowledge or competent evidence; notary public;
(9) executes a false or incomplete certificate
(b) knowingly obtains, conceals, defaces, or
under Section 5, Rule IV;
destroys the seal, notarial register, or official
(10) knowingly performs or fails to perform records of a notary public; and
any other act prohibited or mandated by these
(c) knowingly solicits, coerces, or in any way
Rules; and
influences a notary public to commit official
(11) commits any other dereliction or act which misconduct.
in the judgment of the Executive Judge
SEC 2. Reports to the Supreme Court. - The Executive
constitutes good cause for revocation of Judge concerned shall submit semestral reports to the
commission or imposition of administrative
Supreme Court on discipline and prosecution of notaries
sanction. public.
(c) Upon verified complaint by an interested, affected
RULE XIII
or aggrieved person, the notary public shall be required
REPEALING AND EFFECTIVITY PROVISIONS
to file a verified answer to the complaint. If the answer
of the notary public is not satisfactory, the Executive SECTION 1. Repeal. - All rules and parts of rules,
Judge shall conduct a summary hearing. If the including issuances of the Supreme Court inconsistent
allegations of the complaint are not proven, the herewith, are hereby repealed or accordingly modified.
complaint shall be dismissed. If the charges are duly
SEC. 2. Effective Date. - These Rules shall take effect
established, the Executive Judge shall impose the
on the first day of August 2004, and shall be published
appropriate administrative sanctions. In either case, the
in a newspaper of general circulation in the Philippines
aggrieved party may appeal the decision to the
which provides sufficiently wide circulation.
Supreme Court for review. Pending the appeal, an order
imposing disciplinary sanctions shall be immediately Promulgated this 6th day of July, 2004.
executory, unless otherwise ordered by the Supreme
Court.