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

2004 Rules on Notarial Practice

Republic of the Philippines

Supreme Court
Manila

EN BANC

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 Legal
Education and Bar Matters, the
Court Resolved to APPROVE the
proposed Rules on Notarial Practice
of 2004, with modifications,
thus:chan roble svirtual lawlib rary

2004 RULES ON NOTARIAL

PRACTICE
RULE I
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: chan roble svirtuallaw lib rary
(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
indicates, words in the singular
include the plural, and words in the
plural include the singular.
RULE II
DEFINITIONS
SECTION 1. Acknowledgment. -
“Acknowledgment” refers to an act
in which an individual on a single
occasion: c hanro blesvi rt uallawlibra ry

(a) appears in person before the

notary public and presents an
integrally complete instrument or
document;
chan robles virtual law library
(b) is attested to be personally
known to the notary public or
identified by the notary public
through competent evidence of
identity as defined by these Rules;
and -
chan robles virtual law library
(c) represents to the notary public
that the signature on the
instrument or document was
voluntarily affixed by him for the
purposes stated in the instrument
or document, declares that he has
executed the instrument or
document as his free and voluntary
act and deed, and, if he acts in a
particular representative capacity,
that he has the authority to sign in
that capacity.
SEC. 2. Affirmation or Oath. - The
term “Affirmation” or “Oath” refers
to an act in which an individual on
a single occasion: chan robles virtual law
library
(a) appears in person before the
notary public; chan robles virtual law library
(b) is personally known to the
notary public or identified by the
notary public through competent
evidence of identity as defined by
these Rules; and chan robles virtual law
library
(c) avows under penalty of law to
the whole truth of the contents of
the instrument or document.
SEC. 3. Commission. -
“Commission” refers to the grant of
authority to perform notarial acts
and to the written evidence of the
authority.
SEC. 4. Copy Certification. - “Copy
Certification” refers to a notarial
act in which a notary public: cha nrob lesvi rtua llawlib ra ry

(a) is presented with an

instrument or document that is
neither a vital record, a public
record, nor publicly recordable;
(b) copies or supervises the
copying of the instrument or
document;
(c) compares the instrument or
document with the copy; and
(d) determines that the copy is
accurate and complete.
SEC. 5. Notarial Register. -
“Notarial Register” refers to a
permanently bound book with
numbered pages containing a
chronological record of notarial
acts performed by a notary
public. chan robles virtual law library
SEC. 6. Jurat. - “Jurat” refers to an
act in which an individual on a
single occasion: chan roble svirtuallaw lib rary

(a) appears in person before the

notary public and presents an
instrument or document;
(b) is personally known to the
notary public or identified by the
notary public through competent
evidence of identity as defined by
these Rules; chan robles virtual law library
(c) signs the instrument or
document in the presence of the
notary; and
(d) takes an oath or affirmation
before the notary public as to such
instrument or document.
SEC. 7. Notarial Act and
Notarization. - “Notarial Act” and
“Notarization” refer to any act that
a notary public is empowered to
perform under these Rules.
SEC. 8. Notarial Certificate. -
“Notarial Certificate” refers to the
part of, or attachment to, a
notarized 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 notarization as
provided for by these Rules. chan
robles virtual law library
SEC. 9. Notary Public and Notary.
- “Notary Public” and “Notary”
refer to any person commissioned
to perform official acts under these
Rules. cra law

SEC. 10. Principal. - “Principal”

refers to a person appearing before
the notary public whose act is the
subject of notarization. chan robles virtual
law library
SEC. 11. Regular Place of Work or
Business. - The term “regular place
of work or business” refers to a
stationary office in the city or
province wherein the notary public
renders legal and notarial
services. chan robles virtual law library
SEC. 12. Competent Evidence of
Identity. - The phrase “competent
evidence of identity” refers to the
identification of an individual based
on: chan roble svirtual lawlib rary

(a) at least one current

identification document issued by
an official agency bearing the
photograph and signature of the
individual; or chan robles virtual law library
(b) the oath or affirmation of one
credible witness not privy to the
instrument, document or
transaction who is personally
known to the notary public and
who personally knows the
individual, or of two credible
witnesses neither of whom is privy
to the instrument, document or
transaction who each personally
knows the individual and shows to
the notary public documentary
identification.
SEC. 13. Official Seal or Seal. -
“Official seal” or “Seal” refers to a
device for affixing a mark, image or
impression on all papers officially
signed by the notary public
conforming the requisites
prescribed by these Rules.
SEC. 14. Signature Witnessing. -
The term “signature witnessing”
refers to a notarial act in which an
individual on a single occasion: chan
robles virtual law library
(a) appears in person before the
notary public and presents an
instrument or document;
(b) is personally known to the
notary public or identified by the
notary public through competent
evidence of identity as defined by
these Rules; and chan robles virtual law
library
(c) signs the instrument or
document in the presence of the
notary public.
SEC. 15. Court. - “Court” refers to
the Supreme Court of the
Philippines.
SEC. 16. Petitioner. - “Petitioner”
refers to a person who applies for
a notarial commission. cra law

SEC. 17. Office of the Court

Administrator. - “Office of the
Court Administrator” refers to the
Office of the Court Administrator of
the Supreme Court. c rala w

SEC. 18. Executive Judge. -

“Executive Judge” refers to the
Executive Judge of the Regional
Trial Court of a city or province who
issues a notarial commission. c ralaw

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
law library
SEC. 20. Manufacturer. -
“Manufacturer” under these Rules
refers to one who produces a
notarial seal and shall include an
engraver and seal maker. chan robles
virtual law library
RULE III
COMMISSIONING OF NOTARY
PUBLIC
SECTION 1. Qualifications. - A
notarial commission may be issued
by an Executive Judge to any
qualified person who submits a
petition in accordance with these
Rules. chan robles virtual law library
To be eligible for commissioning as
notary public, the petitioner: c hanro blesvi rt uallawlibra ry

(1) must be a citizen of the

Philippines; chan robles virtual law library
(2) must be over twenty-one (21)
years of age; chan robles virtual law library
(3) must be a resident in the
Philippines for at least one (1) year
and maintains a regular place of
work or business in the city or
province where the commission is
to be issued; chan robles virtual law library
(4) must be a member of the
Philippine Bar in good standing
with clearances from the Office of
the Bar Confidant of the Supreme
Court and the Integrated Bar of the
Philippines; and
(5) must not have been convicted
in the first instance of any crime
involving moral turpitude.
SEC. 2. Form of the Petition and
Supporting Documents. - Every
petition for a notarial commission
shall be in writing, verified, and
shall include the following: c hanroblesv irt uallawlibra ry

(a) a statement containing the

petitioner's personal qualifications,
including the petitioner's date of
birth, residence, telephone
number, professional tax receipt,
roll of attorney's number and IBP
membership number;

(b) certification of good moral

character of the petitioner by at
least two (2) executive officers of
the local chapter of the Integrated
Bar of the Philippines where he is
applying for commission;

(c) proof of payment for the filing

of the petition as required by these
Rules; and

(d) three (3) passport-size color

photographs with light background
taken 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 photographs.
SEC. 3. Application Fee. - Every
petitioner for a notarial
commission shall pay the
application fee as prescribed in the
Rules of Court. chan robles virtual law library
SEC. 4. Summary Hearing on the
Petition. - The Executive Judge
shall conduct a summary hearing
on the petition and shall grant the
same if: chan roblesv irtuallaw lib rary

(a) the petition is sufficient in form

and substance;
(b) the petitioner proves the
allegations contained in the
petition; and
(c) the petitioner establishes to
the satisfaction of the Executive
Judge that he has read and fully
understood these Rules.
The Executive Judge shall forthwith
issue a commission and a
Certificate of Authorization to
Purchase a Notarial Seal in favor of
the petitioner. chan robles virtual law library
SEC. 5. Notice of Summary
Hearing. -
(a) The notice of summary hearing
shall be published in a newspaper
of general circulation in the city or
province where the hearing shall
be conducted and posted in a
conspicuous place in the offices of
the Executive Judge and of the
Clerk of Court. The cost of the
publication shall be borne by the
petitioner. The notice may include
more than one petitioner.

(b) The notice shall be

substantially in the following
form: chan roble svirtuallaw lib rary

NOTICE OF HEARING
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 who has any cause or
reason to object to the grant of
the petition may file a verified
written opposition thereto,
received by the undersigned
before the date of the summary
hearing. chan robles virtual law librarychanrobles virtu al law librar y

_____________________
Executive Judge
SEC. 6. Opposition to Petition. -
Any person who has any cause or
reason to object to the grant of the
petition may file a verified written
opposition thereto. The opposition
must be received by the Executive
Judge before the date of the
summary hearing. chan robles virtual law
library
SEC. 7. Form of Notarial
Commission. - The commissioning
of a notary public shall be in a
formal order signed by the
Executive Judge substantially in
the following form: c han roblesv irt uallawlib ra ry

REPUBLIC OF THE
PHILIPPINES
REGIONAL TRIAL COURT OF
______________
This is to certify that (name of
notary public) of (regular place
of work or business) in (city or
province) was on this (date)
day of (month) two thousand
and (year) commissioned by
the undersigned as a notary
public, within and for the said
jurisdiction, for a term ending
the thirty-first day of
December (year) chan robles virtual law
library
________________________
Executive Judge
SEC. 8. Period Of Validity of
Certificate of Authorization to
Purchase a Notarial Seal. -
The Certificate of Authorization to
Purchase a Notarial Seal shall be
valid for a period of three (3)
months from date of issue, unless
extended by the Executive Judge.
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 Executive Judge for approval
prior to use.cra law

SEC. 9. Form of Certificate of

Authorization to Purchase a
Notarial Seal. - The Certificate of
Authorization to Purchase a
Notarial Seal shall substantially be
in the following form: chan roble svirtual lawlib rary

REPUBLIC OF THE
PHILIPPINES
REGIONAL TRIAL COURT
OF_____________ chan robles virtual

law library
CERTIFICATE OF
AUTHORIZATION
TO PURCHASE A NOTARIAL
SEAL 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,
within and for the said
jurisdiction, for a term ending,
the thirty-first of December
(year) to purchase a notarial
seal. chan robles virtual law library
chanrobles virtu al law librar y

Issued this (day) of (month)

(year).
________________________
Executive Judge

SEC. 10. Official Seal of Notary

Public. - Every person
commissioned as notary public
shall have only one official seal of
office in accordance with these
Rules.
SEC. 11. Jurisdiction and Term. - A
person commissioned as notary
public may perform notarial acts in
any place within the territorial
jurisdiction of the commissioning
court for a period of two (2) years
commencing the first day of
January of the year in which the
commissioning is made, unless
earlier revoked or the notary public
has resigned under these Rules
and the Rules of Court. chan robles virtual
law library
SEC. 12. Register of Notaries
Public. - The Executive Judge shall
keep and maintain a Register of
Notaries Public in his jurisdiction
which shall contain, among others,
the dates of issuance or revocation
or suspension of notarial
commissions, and the resignation
or death of notaries public. The
Executive Judge shall furnish the
Office of the Court Administrator
information and data recorded in
the register of notaries public. The
Office of the Court Administrator
shall keep a permanent, complete
and updated database of such
records. chan robles virtual law library
SEC. 13. Renewal of Commission. -
A notary public may file a written
application with the Executive
Judge for the renewal of his
commission within forty-five (45)
days before the expiration thereof.
A mark, image or impression of the
seal of the notary public shall be
attached to the application. c ralaw

Failure to file said application will

result in the deletion of the name
of the notary public in the register
of notaries public. c ralaw

The notary public thus removed

from the Register of Notaries Public
may only be reinstated therein
after he is issued a new
commission in accordance with
these Rules. chan robles virtual law library
SEC. 14. Action on Application for
Renewal of Commission. - The
Executive Judge shall, upon
payment of the application fee
mentioned in Section 3 above of
this Rule, act on an application for
the renewal of a commission within
thirty (30) days from receipt
thereof. If the application is
denied, the Executive Judge shall
state the reasons therefor. cralaw

RULE IV
POWERS AND LIMITATIONS
OF NOTARIES PUBLIC
SECTION 1. Powers. - (a) A notary
public is empowered to perform the
following notarial acts: c hanro blesvi rt uallawlibra ry

(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats; chan robles virtual law library
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by
these Rules.
(b) A notary public is authorized to
certify the affixing of a signature by
thumb or other mark on an
instrument or document presented
for notarization if: c hanro blesvi rt uallawlibra ry

(1) the thumb or other mark is

affixed in the presence of the
notary public and of two (2)
disinterested and unaffected
witnesses to the instrument or
document;
(2) both witnesses sign their own
names in addition to the thumb or
other mark;
(3) the notary public writes below
the thumb or other mark: "Thumb
or Other Mark affixed by (name of
signatory by mark) in the presence
of (names and addresses of
witnesses) and undersigned notary
public"; and chan robles virtual law library
(4) the notary public notarizes the
signature by thumb or other mark
through an acknowledgment,
jurat, or signature witnessing.
(c) A notary public is authorized to
sign on behalf of a person who is
physically unable to sign or make a
mark on an instrument or
document if: c han roblesv irt uallawlibra ry

(1) the notary public is directed by

the person unable to sign or make
a mark to sign on his behalf;
(2) the signature of the notary
public is affixed in the presence of
two disinterested and unaffected
witnesses to the instrument or
document;
(3) both witnesses sign their own
names ;
(4) the notary public writes below
his signature: “Signature affixed
by notary in presence of (names
and addresses of person and two
[2] witnesses)”; and
(5) the notary public notarizes his
signature by acknowledgment or
jurat.
SEC. 2. Prohibitions. - (a) A notary
public shall not perform a notarial
act outside his regular place of
work or business; provided,
however, that on certain
exceptional occasions or
situations, a notarial act may be
performed at the request of the
parties in the following sites
located within his territorial
jurisdiction: chan robles virtual law library
(1) public offices, convention
halls, and similar places where
oaths of office may be
administered;
(2) public function areas in hotels
and similar places for the signing of
instruments or documents
requiring notarization;
(3) hospitals and other medical
institutions where a party to an
instrument or document is
confined for treatment; and
(4) any place where a party to an
instrument or document requiring
notarization is under detention.
(b) A person shall not perform a
notarial act if the person involved
as signatory to the instrument or
document -
(1) is not in the notary's presence
personally at the time of the
notarization; and
(2) is not personally known to the
notary public or otherwise
identified by the notary public
through competent evidence of
identity as defined by these
Rules. chan robles virtual law library
SEC. 3. Disqualifications. - A
notary public is disqualified from
performing a notarial act if he: chan roble svirtual lawlib rary

(a) is a party to the instrument or

document that is to be
notarized; chan robles virtual law library
(b) will receive, as a direct or
indirect result, any commission,
fee, advantage, right, title,
interest, cash, property, or other
consideration, except as provided
by these Rules and by law; or
(c) is a spouse, common-law
partner, ancestor, descendant, or
relative by affinity or consanguinity
of the principal within the fourth
civil degree. chan robles virtual law library
SEC. 4. Refusal to Notarize. - A
notary public shall not perform any
notarial act described in these
Rules for any person requesting
such an act even if he tenders the
appropriate fee specified by these
Rules if: c han roblesv irt uallawlibra ry

(a) the notary knows or has good

reason to believe that the notarial
act or transaction is unlawful or
immoral;
(b) the signatory shows a
demeanor which engenders in the
mind of the notary public
reasonable doubt as to the
former's knowledge of the
consequences of the transaction
requiring a notarial act; and
(c) in the notary's judgment, the
signatory is not acting of his or her
own free will.
SEC. 5. False or Incomplete
Certificate. - A notary public shall
not: chan robles virtual law library
(a) execute a certificate
containing information known or
believed by the notary to be false.
(b) affix an official signature or
seal on a notarial certificate that is
incomplete. chan robles virtual law library
SEC. 6. Improper Instruments or
Documents. - A notary public shall
not notarize: cha nrob lesvi rtua llawlib ra ry

(a) a blank or incomplete

instrument or document; or chan
robles virtual law library
(b) an instrument or document
without appropriate notarial
certification.
RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver
of Fees. - For performing a notarial
act, a notary public may charge the
maximum fee as prescribed by the
Supreme Court unless he waives
the fee in whole or in part.
chan robles virtual law library
SEC. 2. Travel Fees and Expenses.
- A notary public may charge travel
fees and expenses separate and
apart from the notarial fees
prescribed in the preceding section
when traveling to perform a
notarial act if the notary public and
the person requesting the notarial
act agree prior to the travel. cra law

SEC. 3. Prohibited Fees. – No fee

or compensation of any kind,
except those expressly prescribed
and allowed herein, shall be
collected or received for any
notarial service. cralaw

SEC. 4. Payment or Refund of Fees.

- A notary public shall not require
payment of any fees specified
herein prior to the performance of
a notarial act unless otherwise
agreed upon. chan robles virtual law library
Any travel fees and expenses paid
to a notary public prior to the
performance of a notarial act are
not subject to refund if the notary
public had already traveled but
failed to complete in whole or in
part the notarial act for reasons
beyond his control and without
negligence on his part. cra law

SEC. 5. Notice of Fees. - A notary

public who charges a fee for
notarial services shall issue a
receipt registered with the Bureau
of Internal Revenue and keep a
journal of notarial fees. He shall
enter in the journal all fees charged
for services rendered. chan robles virtual
law library
A notary public shall post in a
conspicuous place in his office a
complete schedule of chargeable
notarial fees. c ralaw

RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial
Register. - (a) A notary public shall
keep, maintain, protect and
provide for lawful inspection as
provided in these Rules, a
chronological official notarial
register of notarial acts consisting
of a permanently bound book with
numbered pages. chan robles virtual law
library
The register shall be kept in books
to be furnished by the Solicitor
General to any notary public upon
request and upon payment of the
cost thereof. The register shall be
duly paged, and on the first page,
the Solicitor General shall certify
the number of pages of which the
book consists. c ralaw

For purposes of this provision, a

Memorandum of Agreement or
Understanding may be entered into
by the Office of the Solicitor
General and the Office of the Court
Administrator. chan robles virtual law library
(b) A notary public shall keep only
one active notarial register at any
given time. c ralaw

SEC. 2. Entries in the Notarial

Register. - (a) For every notarial
act, the notary shall record in the
notarial register at the time of
notarization the following: chan robles
virtual law library
(1) the entry number and page
number; chan robles virtual law library
(2) the date and time of day of the
notarial act;
(3) the type of notarial act; chan robles
virtual law library
(4) the title or description of the
instrument, document or
proceeding;
(5) the name and address of each
principal; chan robles virtual law library
(6) the competent evidence of
identity as defined by these Rules
if the signatory is not
personally known to the
notary; chan robles virtual law library
(7) the name and address of each
credible witness swearing to or
affirming the person's identity;
(8) the fee charged for the notarial
act;
(9) the address where the
notarization was performed if not
in the notary's regular place of
work or business; and
(10) any other circumstance the
notary public may deem of
significance or relevance.
(b) A notary public shall record in
the notarial register the reasons
and circumstances for not
completing a notarial act.
(c) A notary public shall record in
the notarial register the
circumstances of any request to
inspect or copy an entry in the
notarial register, including the
requester's name, address,
signature, thumbmark or other
recognized identifier, and evidence
of identity. The reasons for refusal
to allow inspection or copying of a
journal entry shall also be
recorded. cralaw

(d) When the instrument or

document is a contract, the notary
public shall keep an original copy
thereof as part of his records and
enter in said records a brief
description of the substance
thereof and shall give to each entry
a consecutive number, beginning
with number one in each calendar
year. He shall also retain a
duplicate original copy for the Clerk
of Court.cralaw

(e) The notary public shall give to

each instrument or document
executed, sworn to, or
acknowledged before him a
number corresponding to the one
in his register, and shall also state
on the instrument or document the
page/s of his register on which the
same is recorded. No blank line
shall be left between entries. c ralaw

(f) In case of a protest of any draft,

bill of exchange or promissory
note, the notary public shall make
a full and true record of all
proceedings in relation thereto and
shall note therein whether the
demand for the sum of money was
made, by whom, when, and where;
whether he presented such draft,
bill or note; whether notices were
given, to whom and in what
manner; where the same was
made, when and to whom and
where directed; and of every other
fact touching the same. cralaw

(g) At the end of each week, the

notary public shall certify in his
notarial register the number of
instruments or documents
executed, sworn to, acknowledged,
or protested before him; or if none,
this certificate shall show this fact. cralaw

(h) A certified copy of each month's

entries and a duplicate original
copy of any instrument
acknowledged before the notary
public shall, within the first ten
(10) days of the month following,
be forwarded to the Clerk of Court
and shall be under the
responsibility of such officer. If
there is no entry to certify for the
month, the notary shall forward a
statement to this effect in lieu of
certified copies herein required. c ralaw

SEC. 3. Signatures and

Thumbmarks. - At the time of
notarization, the notary's notarial
register shall be signed or a thumb
or other mark affixed by each: chan rob lesvirtual lawlib rary

(a) principal;
(b) credible witness swearing or
affirming to the identity of a
principal; and
(c) witness to a signature by thumb
or other mark, or to a signing by
the notary public on behalf of a
person physically unable to sign.
SEC. 4. Inspection, Copying and
Disposal. - (a) In the notary's
presence, any person may inspect
an entry in the notarial register,
during regular business hours,
provided;
(1) the person's identity is
personally known to the notary
public or proven through
competent evidence of identity as
defined in these Rules;
(2) the person affixes a signature
and thumb or other mark or other
recognized identifier, in the
notarial register in a separate,
dated entry;
(3) the person specifies the month,
year, type of instrument or
document, and name of the
principal in the notarial act or acts
sought; and
(4) the person is shown only the
entry or entries specified by him.
(b) The notarial register may be
examined by a law enforcement
officer in the course of an official
investigation or by virtue of a court
order.
(c) If the notary public has a
reasonable ground to believe that
a person has a criminal intent or
wrongful motive in requesting
information from the notarial
register, the notary shall deny
access to any entry or entries
therein.c ralaw

SEC. 5. Loss, Destruction or

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

(b) Upon revocation or expiration

of a notarial commission, or death
of the notary public, the notarial
register and notarial records shall
immediately be delivered to the
office of the Executive Judge. cralaw

SEC. 6. Issuance of Certified True

Copies. - The 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 fees. c ralaw

RULE VII
SIGNATURE AND SEAL OF
NOTARY PUBLIC
SECTION 1. Official Signature. – In
notarizing a paper instrument or
document, a notary public shall: c hanro blesvi rt uallawlibra ry

(a) sign by hand on the notarial

certificate only the name indicated
and as appearing on the notary's
commission; chan robles virtual law library
(b) not sign using a facsimile
stamp or printing device; and
(c) affix his official signature only
at the time the notarial act is
performed.
SEC. 2. Official Seal. - (a) Every
person commissioned as notary
public shall have a seal of office, to
be procured at his own expense,
which shall not be possessed or
owned by any other person. It shall
be of metal, circular in shape, two
inches in diameter, and shall have
the name of the city or province
and the word “Philippines” and his
own name on the margin and the
roll of attorney's number on the
face thereof, with the words
"notary public" across the center. A
mark, image or impression of such
seal shall be made directly on the
paper or parchment on which the
writing appears.
(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 library
(c) When not in use, the official
seal shall be kept safe and secure
and shall be accessible only to the
notary public or the person duly
authorized by him. chan robles virtual law
library
(d) Within five (5) days after the
official seal of a notary public is
stolen, lost, damaged or other
otherwise rendered unserviceable
in affixing a legible image, the
notary public, after informing the
appropriate law enforcement
agency, shall notify the Executive
Judge in writing, providing proper
receipt or acknowledgment,
including registered mail, and in
the event of a crime committed,
provide a copy or entry number of
the appropriate police record. Upon
receipt of such notice, if found in
order by the Executive Judge, the
latter shall order the notary public
to cause notice of such loss or
damage to be published, once a
week for three (3) consecutive
weeks, in a newspaper of general
circulation in the city or province
where the notary public is
commissioned. Thereafter, the
Executive Judge shall issue to the
notary public a new Certificate of
Authorization to Purchase a
Notarial Seal.cra law

(e) Within five (5) days after the

death or resignation of the notary
public, or the revocation or
expiration of a notarial
commission, the official seal shall
be surrendered to the Executive
Judge and shall be destroyed or
defaced in public during office
hours. In the event that the
missing, lost or damaged seal is
later found or surrendered, it shall
be delivered by the notary public to
the Executive Judge to be disposed
of in accordance with this section.
Failure to effect such surrender
shall constitute contempt of court.
In the event of death of the notary
public, the person in possession of
the official seal shall have the duty
to surrender it to the Executive
Judge.cra law

SEC. 3. Seal Image. - The notary

public shall affix a single, clear,
legible, permanent, and
photographically reproducible
mark, image or impression of the
official seal beside his signature on
the notarial certificate of a paper
instrument or document. c ralaw

SEC. 4. Obtaining and Providing

Seal. - (a) A vendor or
manufacturer of notarial seals may
not sell said product without a
written authorization from the
Executive Judge. cra law

(b) Upon written application and

after payment of the application
fee, the Executive Judge may issue
an authorization to sell to a vendor
or manufacturer of notarial seals
after verification and investigation
of the latter's qualifications. The
Executive Judge shall charge an
authorization fee in the amount of
PhP 4,000 for the vendor and PhP
8,000 for the manufacturer. If a
manufacturer is also a vendor, he
shall only pay the manufacturer's
authorization fee. cralaw

(c) The authorization shall be in

effect for a period of four (4) years
from the date of its issuance and
may be renewed by the Executive
Judge for a similar period upon
payment of the authorization fee
mentioned in the preceding
paragraph. c ralaw
(d) A vendor or manufacturer shall
not sell a seal to a buyer except
upon submission of a certified copy
of the commission and the
Certificate of Authorization to
Purchase a Notarial Seal issued by
the Executive Judge. A notary
public obtaining a new seal as a
result of change of name shall
present to the vendor or
manufacturer a certified copy of
the Confirmation of the Change of
Name issued by the Executive
Judge.cra law

(e) Only one seal may be sold by a

vendor or manufacturer for each
Certificate of Authorization to
Purchase a Notarial Seal. c ralaw

(f) After the sale, the vendor or

manufacturer shall affix a mark,
image or impression of the seal to
the Certificate of Authorization to
Purchase a Notarial Seal 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 shall be kept in
the files of the vendor or
manufacturer for four (4) years
after the sale. c ralaw

(g) A notary public obtaining a new

seal as a result of change of name
shall present to the vendor a
certified copy of the order
confirming the change of name
issued by the Executive Judge. c ralaw

RULE VIII
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial
Certificate. - The notarial form
used for any notarial instrument or
document shall conform to all the
requisites prescribed herein, the
Rules of Court and all other
provisions of issuances 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: chan roblesv irtuallawlib rary

(a) the name of the notary public

as exactly indicated in the
commission;
(b) the serial number of the
commission of the notary public;
(c) the words "Notary Public" and
the province or city where the
notary public is commissioned, the
expiration date of the commission,
the office address of the notary
public; and
(d) the roll of attorney's number,
the professional tax receipt
number and the place and date of
issuance thereof, and the IBP
membership number.
RULE IX
CERTIFICATE OF AUTHORITY
OF NOTARIES PUBLIC
SECTION 1. Certificate of Authority
for a Notarial Act. - A certificate of
authority evidencing the
authenticity of the official seal and
signature of a notary public shall
be issued by the Executive Judge
upon request in substantially the
following form: chan robles virtual law library
CERTIFICATE OF AUTHORITY
FOR A NOTARIAL ACT
I, (name, title, jurisdiction of
the Executive Judge), certify
that (name of notary public),
the person named in the seal
and signature on the attached
document, is a Notary Public in
and for the
(City/Municipality/Province)
of the Republic of the
Philippines and authorized to
act as such at the time of the
document's notarization. chan chanrobles virtual law library

robles virtual law library

IN WITNESS WHEREOF, I have
affixed below my signature and
seal of this office this (date)
day of (month) (year). chan chanrobles virtu al law library

robles virtual law library

_________________
(official signature)
(seal of Executive Judge)
RULE X
CHANGES OF STATUS OF
NOTARY PUBLIC
SECTION 1. Change of Name and
Address. -
Within ten (10) 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 work
or business, the notary public shall
submit a signed and dated notice
of such fact to the Executive Judge.

The notary public shall not notarize

until: chan roble svirtuallaw lib rary

(a) he receives from the Executive

Judge a confirmation of the new
name of the notary public and/or
change of regular place of work or
business; and

(b) a new seal bearing the new

name has been obtained.
The foregoing notwithstanding,
until the aforementioned steps
have been completed, the notary
public may continue to use the
former name or regular place of
work or business in performing
notarial acts for three (3) months
from the date of the change, which
may be extended once for valid
and just cause by the Executive
Judge for another period not
exceeding three (3) months.
SEC. 2. Resignation. - A notary
public may resign his commission
by personally submitting a written,
dated and signed formal notice to
the Executive Judge together with
his notarial seal, notarial register
and records. Effective from the
date indicated in the notice, he
shall immediately cease to perform
notarial acts. In the event of his
incapacity to personally appear,
the submission of the notice may
be performed by his duly
authorized representative. cra law

SEC. 3. Publication of Resignation.

- The Executive Judge shall
immediately order the Clerk of
Court to post in a conspicuous
place in the offices of the Executive
Judge and of the Clerk of Court the
names of notaries public who have
resigned their notarial
commissions and the effective
dates of their resignation. cralaw

RULE XI
REVOCATION OF COMMISSION
AND DISCIPLINARY
SANCTIONS
SECTION 1. Revocation and
Administrative Sanctions. - (a) The
Executive Judge shall revoke a
notarial commission for any ground
on which an application for a
commission may be denied. chan

robles virtual law library

(b) In addition, the Executive
Judge may revoke the commission
of, or impose appropriate
administrative sanctions upon, any
notary public who: cha nrob lesvi rtua lla wlibra ry

(1) fails to keep a notarial register;

(2) fails to make the proper entry
or entries in his notarial register
concerning his notarial acts;
(3) fails to send the copy of the
entries to the Executive Judge
within the first ten (10) days of the
month following;
(4) fails to affix to
acknowledgments the date of
expiration of his commission;
(5) fails to submit his notarial
register, when filled, to the
Executive Judge;
(6) fails to make his report, within
a reasonable time, to the Executive
Judge concerning the performance
of his duties, as may be required
by the judge;
(7) fails to require the presence of
a principal at the time of the
notarial act;
(8) fails to identify a principal on
the basis of personal knowledge or
competent evidence;
(9) executes a false or incomplete
certificate under Section 5, Rule
IV;
(10) knowingly performs or fails to
perform any other act prohibited or
mandated by these Rules; and
(11) commits any other dereliction
or act which in the judgment of the
Executive Judge constitutes good
cause for revocation of commission
or imposition of administrative
sanction.
(c) Upon verified complaint by an
interested, affected or aggrieved
person, the notary public shall be
required to file a verified answer to
the complaint. If the answer of the
notary public is not satisfactory,
the Executive Judge shall conduct
a summary hearing. If the
allegations of the complaint are not
proven, the complaint shall be
dismissed. If the charges are duly
established, the Executive Judge
shall impose the appropriate
administrative sanctions. In either
case, the aggrieved party may
appeal the decision to the Supreme
Court for review. Pending the
appeal, an order imposing
disciplinary sanctions shall be
immediately executory, unless
otherwise ordered by the Supreme
Court.
(d) The Executive Judge may motu
proprio initiate administrative
proceedings against a notary
public, subject to the procedures
prescribed in paragraph (c) above
and impose the appropriate
administrative sanctions on the
grounds mentioned in the
preceding paragraphs (a) and (b). c ralaw

SEC. 2. Supervision and Monitoring

of Notaries Public. - The Executive
Judge shall at all times exercise
supervision over notaries public
and shall closely monitor their
activities. chan robles virtual law library
SEC. 3. Publication of Revocations
and Administrative Sanctions. -
The Executive Judge shall
immediately order the Clerk of
Court to post in a conspicuous
place in the offices of the Executive
Judge and of the Clerk of Court the
names of notaries public who have
been administratively sanctioned
or whose notarial commissions
have been revoked. crala w

SEC. 4. Death of Notary Public. - If

a notary public dies before fulfilling
the obligations in Section 4(e),
Rule VI and Section 2(e), Rule VII,
the Executive Judge, upon being
notified of such death, shall
forthwith cause compliance with
the provisions of these
sections. chan robles virtual law library
RULE XII
SPECIAL PROVISIONS
SECTION 1. Punishable Acts. - The
Executive Judge shall cause the
prosecution of any person who: chan roblesv irt uallawlibra ry

(a) knowingly acts or otherwise

impersonates a notary public; chan
robles virtual law library
(b) knowingly obtains, conceals,
defaces, or destroys the seal,
notarial register, or official records
of a notary public; and
(c) knowingly solicits, coerces, or
in any way influences a notary
public to commit official
misconduct.
SEC 2. Reports to the Supreme
Court. - The Executive Judge
concerned shall submit semestral
reports to the Supreme Court on
discipline and prosecution of
notaries public.
RULE XIII
REPEALING AND EFFECTIVITY
PROVISIONS
SECTION 1. Repeal. - All rules and
parts of rules, including issuances
of the Supreme Court inconsistent
herewith, are hereby repealed or
accordingly modified. chan robles virtual
law library
SEC. 2. Effective Date. - These
Rules shall take effect on the first
day of August 2004, and shall be
published in a newspaper of
general circulation in the
Philippines which provides
sufficiently wide circulation.
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 ralaw