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2004 Notarial Practice Rules PH

This document contains the full text of the 2004 Rules on Notarial Practice approved by the Supreme Court of the Philippines. The rules aim to (1) promote, serve, and protect public interest; (2) simplify, clarify, and modernize the rules governing notaries public; and (3) foster ethical conduct among notaries public. It defines key terms related to notarial acts such as acknowledgment, affirmation or oath, commission, copy certification, notarial register, and notary public. It also identifies the relevant entities such as the Supreme Court and Office of the Court Administrator.
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© © All Rights Reserved
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Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
128 views17 pages

2004 Notarial Practice Rules PH

This document contains the full text of the 2004 Rules on Notarial Practice approved by the Supreme Court of the Philippines. The rules aim to (1) promote, serve, and protect public interest; (2) simplify, clarify, and modernize the rules governing notaries public; and (3) foster ethical conduct among notaries public. It defines key terms related to notarial acts such as acknowledgment, affirmation or oath, commission, copy certification, notarial register, and notary public. It also identifies the relevant entities such as the Supreme Court and Office of the Court Administrator.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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This web page features the full SEC. 2. Purposes.

- These Rules
text of shall be applied and construed to
A.M. No. 02-8-13-SC advance the following
2004 Rules on Notarial Practice purposes: chanroblesvirtuallawlibrary

(a) to promote, serve, and protect


Republic of the Philippines public interest; chan robles virtual law library
Supreme Court (b) to simplify, clarify, and
Manila modernize the rules governing
notaries public; and
EN BANC (c) to foster ethical conduct
among notaries public. chan robles
A.M. No. 02-8-13-SC virtual law library
2004 Rules on Notarial SEC. 3. Interpretation. - Unless
Practice the context of these Rules
otherwise indicates, words in the
singular include the plural, and
RESOLUTION words in the plural include the
Acting on the compliance dated 05 singular.
July 2004 and on the proposed RULE II
Rules on Notarial Practice of 2004 DEFINITIONS
submitted by the Sub-Committee SECTION 1. Acknowledgment. -
for the Study, Drafting and “Acknowledgment” refers to an
Formulation of the Rules act in which an individual on a
Governing the Appointment of single occasion: chanroblesvirtuallawlibrary

Notaries Public and the (a) appears in person before the


Performance and Exercise of Their notary public and presents an
Official Functions, of the integrally complete instrument or
Committees on Revision of the document;
Rules of Court and on Legal chan robles virtual law library
Education and Bar Matters, the (b) is attested to be personally
Court Resolved to APPROVE the known to the notary public or
proposed Rules on Notarial identified by the notary public
Practice of 2004, with through competent evidence of
modifications, thus:chanroblesvirtuallawlibrar y identity as defined by these Rules;
and -
2004 RULES ON NOTARIAL chan robles virtual law library
PRACTICE (c) represents to the notary
RULE I public that the signature on the
IMPLEMENTATION instrument or document was
SECTION 1. Title. - These Rules voluntarily affixed by him for the
shall be known as the 2004 Rules purposes stated in the instrument
on Notarial Practice. or document, declares that he has
executed the instrument or
document as his free and chronological record of notarial
voluntary act and deed, and, if he acts performed by a notary
acts in a particular representative public. chan robles virtual law library
capacity, that he has the authority SEC. 6. Jurat. - “Jurat” refers to
to sign in that capacity. an act in which an individual on a
SEC. 2. Affirmation or Oath. - The single occasion: chanroblesvirtuallawlibrary

term “Affirmation” or “Oath” (a) appears in person before the


refers to an act in which an notary public and presents an
individual on a single occasion: instrument or document;
(b) is personally known to the
(a) appears in person before the notary public or identified by the
notary public; notary public through competent
(b) is personally known to the evidence of identity as defined by
notary public or identified by the these Rules; chan robles virtual law library
notary public through competent (c) signs the instrument or
evidence of identity as defined by document in the presence of the
these Rules; and notary; and
(c) avows under penalty of law (d) takes an oath or affirmation
to the whole truth of the contents before the notary public as to such
of the instrument or document. instrument or document.
SEC. 3. Commission. - SEC. 7. Notarial Act and
“Commission” refers to the grant Notarization. - “Notarial Act” and
of authority to perform notarial “Notarization” refer to any act
acts and to the written evidence of that a notary public is empowered
the authority. to perform under these Rules.
SEC. 4. Copy Certification. - “Copy SEC. 8. Notarial Certificate. -
Certification” refers to a notarial “Notarial Certificate” refers to the
act in which a notary public: chanroblesvirtuallawlibrary part of, or attachment to, a
(a) is presented with an notarized instrument or document
instrument or document that is that is completed by the notary
neither a vital record, a public public, bears the notary's
record, nor publicly recordable; signature and seal, and states the
(b) copies or supervises the facts attested to by the notary
copying of the instrument or public in a particular notarization
document; as provided for by these
(c) compares the instrument or Rules. chan robles virtual law library
document with the copy; and SEC. 9. Notary Public and Notary.
(d) determines that the copy is - “Notary Public” and “Notary”
accurate and complete. refer to any person commissioned
SEC. 5. Notarial Register. - to perform official acts under
“Notarial Register” refers to a these Rules. cralaw

permanently bound book with SEC. 10. Principal. - “Principal”


numbered pages containing a refers to a person appearing
before the notary public whose act individual on a single
is the subject of notarization. chan occasion: chan robles virtual law library
robles virtual law library (a) appears in person before the
SEC. 11. Regular Place of Work or notary public and presents an
Business. - The term “regular instrument or document;
place of work or business” refers (b) is personally known to the
to a stationary office in the city or notary public or identified by the
province wherein the notary notary public through competent
public renders legal and notarial evidence of identity as defined by
services. chan robles virtual law library these Rules; and chan robles virtual law
SEC. 12. Competent Evidence of library
Identity. - The phrase “competent (c) signs the instrument or
evidence of identity” refers to the document in the presence of the
identification of an individual notary public.
based on: chanroblesvirtuallawlibrary SEC. 15. Court. - “Court” refers to
(a) at least one current the Supreme Court of the
identification document issued by Philippines.
an official agency bearing the SEC. 16. Petitioner. - “Petitioner”
photograph and signature of the refers to a person who applies for
individual; or a notarial commission. cralaw

(b) the oath or affirmation of one SEC. 17. Office of the Court
credible witness not privy to the Administrator. - “Office of the
instrument, document or Court Administrator” refers to the
transaction who is personally Office of the Court Administrator
known to the notary public and of the Supreme Court. cralaw

who personally knows the SEC. 18. Executive Judge. -


individual, or of two credible “Executive Judge” refers to the
witnesses neither of whom is privy Executive Judge of the Regional
to the instrument, document or Trial Court of a city or province
transaction who each personally who issues a notarial
knows the individual and shows to commission. cralaw

the notary public documentary SEC. 19. Vendor. - “Vendor”


identification. under these Rules refers to a
SEC. 13. Official Seal or Seal. - seller of a notarial seal and shall
“Official seal” or “Seal” refers to a include a wholesaler or
device for affixing a mark, image retailer. chan robles virtual law library
or impression on all papers SEC. 20. Manufacturer. -
officially signed by the notary “Manufacturer” under these Rules
public conforming the requisites refers to one who produces a
prescribed by these Rules. notarial seal and shall include an
SEC. 14. Signature Witnessing. - engraver and seal maker. chan robles
The term “signature witnessing” virtual law library
refers to a notarial act in which an
RULE III attorney's number and IBP
COMMISSIONING OF NOTARY membership number;
PUBLIC
SECTION 1. Qualifications. - A (b) certification of good moral
notarial commission may be character of the petitioner by at
issued by an Executive Judge to least two (2) executive officers of
any qualified person who submits the local chapter of the Integrated
a petition in accordance with Bar of the Philippines where he is
these Rules. chan robles virtual law library applying for commission;
To be eligible for commissioning
as notary public, the petitioner: chanroblesvirtuallawlibrary (c) proof of payment for the filing
(1) must be a citizen of the of the petition as required by
Philippines; chan robles virtual law library these Rules; and
(2) must be over twenty-one
(21) years of age; chan robles virtual law (d) three (3) passport-size color
library photographs with light
(3) must be a resident in the background taken within thirty
Philippines for at least one (1) (30) days of the application. The
year and maintains a regular photograph should not be
place of work or business in the retouched. The petitioner shall
city or province where the sign his name at the bottom part
commission is to be issued; chan of the photographs.
robles virtual law library SEC. 3. Application Fee. - Every
(4) must be a member of the petitioner for a notarial
Philippine Bar in good standing commission shall pay the
with clearances from the Office of application fee as prescribed in
the Bar Confidant of the Supreme the Rules of Court. chan robles virtual law
Court and the Integrated Bar of library
the Philippines; and SEC. 4. Summary Hearing on the
(5) must not have been convicted Petition. - The Executive Judge
in the first instance of any crime shall conduct a summary hearing
involving moral turpitude. on the petition and shall grant the
SEC. 2. Form of the Petition and same if: chanroblesvirtuallawlibrary

Supporting Documents. - Every (a) the petition is sufficient in


petition for a notarial commission form and substance;
shall be in writing, verified, and (b) the petitioner proves the
shall include the following: chanroblesvirtuallawlibrary allegations contained in the
(a) a statement containing the petition; and
petitioner's personal (c) the petitioner establishes to
qualifications, including the the satisfaction of the Executive
petitioner's date of birth, Judge that he has read and fully
residence, telephone number, understood these Rules.
professional tax receipt, roll of
The Executive Judge shall the petition may file a verified
forthwith issue a commission and written opposition thereto. The
a Certificate of Authorization to opposition must be received by
Purchase a Notarial Seal in favor the Executive Judge before the
of the petitioner. chan robles virtual law date of the summary hearing. chan
library robles virtual law library
SEC. 5. Notice of Summary SEC. 7. Form of Notarial
Hearing. - Commission. - The commissioning
(a) The notice of summary of a notary public shall be in a
hearing shall be published in a formal order signed by the
newspaper of general circulation Executive Judge substantially in
in the city or province where the the following form: chanroblesvirtuallawlibrary

hearing shall be conducted and REPUBLIC OF THE


posted in a conspicuous place in PHILIPPINES
the offices of the Executive Judge REGIONAL TRIAL COURT OF
and of the Clerk of Court. The cost ______________
of the publication shall be borne This is to certify that (name of
by the petitioner. The notice may notary public) of (regular
include more than one petitioner. place of work or business) in
(city or province) was on this
(b) The notice shall be (date) day of (month) two
substantially in the following thousand and (year)
form: chanroblesvirtuallawlibrary commissioned by the
NOTICE OF HEARING undersigned as a notary
Notice is hereby given that a public, within and for the said
summary hearing on the jurisdiction, for a term ending
petition for notarial the thirty-first day of
commission of (name of December (year) chan robles virtual law
petitioner) shall be held on library
(date) at (place) at (time). ________________________
Any person who has any cause Executive Judge
or reason to object to the SEC. 8. Period Of Validity of
grant of the petition may file a Certificate of Authorization to
verified written opposition Purchase a Notarial Seal. -
thereto, received by the The Certificate of Authorization to
undersigned before the date Purchase a Notarial Seal shall be
of the summary hearing. chan chanr obl es virt ual law libr ary valid for a period of three (3)
robles virtual law library months from date of issue, unless
_____________________ extended by the Executive Judge.
Executive Judge A mark, image or impression of
SEC. 6. Opposition to Petition. - the seal that may be purchased by
Any person who has any cause or the notary public pursuant to the
reason to object to the grant of Certificate shall be presented to
the Executive Judge for approval jurisdiction of the commissioning
prior to use. cralaw court for a period of two (2) years
SEC. 9. Form of Certificate of commencing the first day of
Authorization to Purchase a January of the year in which the
Notarial Seal. - The Certificate of commissioning is made, unless
Authorization to Purchase a earlier revoked or the notary
Notarial Seal shall substantially be public has resigned under these
in the following form: chanroblesvirtuallawlibrary Rules and the Rules of Court. chan
robles virtual law library
REPUBLIC OF THE SEC. 12. Register of Notaries
PHILIPPINES Public. - The Executive Judge shall
REGIONAL TRIAL COURT keep and maintain a Register of
OF_____________ chan robles virtual Notaries Public in his jurisdiction
law library which shall contain, among
CERTIFICATE OF others, the dates of issuance or
AUTHORIZATION revocation or suspension of
TO PURCHASE A NOTARIAL notarial commissions, and the
SEAL chan robles virtual law library resignation or death of notaries
This is to authorize (name of public. The Executive Judge shall
notary public) of (city or furnish the Office of the Court
province) who was Administrator information and
commissioned by the data recorded in the register of
undersigned as a notary notaries public. The Office of the
public, within and for the said Court Administrator shall keep a
jurisdiction, for a term ending, permanent, complete and
the thirty-first of December updated database of such
(year) to purchase a notarial records. chan robles virtual law library
seal. chan robles virtual law library
c hanr obles virt ual law librar y SEC. 13. Renewal of Commission.
Issued this (day) of (month) - A notary public may file a written
(year). application with the Executive
________________________ Judge for the renewal of his
Executive Judge commission within forty-five (45)
days before the expiration
SEC. 10. Official Seal of Notary thereof. A mark, image or
Public. - Every person impression of the seal of the
commissioned as notary public notary public shall be attached to
shall have only one official seal of the application. cralaw

office in accordance with these Failure to file said application will


Rules. result in the deletion of the name
SEC. 11. Jurisdiction and Term. - of the notary public in the register
A person commissioned as notary of notaries public. cralaw

public may perform notarial acts The notary public thus removed
in any place within the territorial from the Register of Notaries
Public may only be reinstated the thumb or other mark: "Thumb
therein after he is issued a new or Other Mark affixed by (name of
commission in accordance with signatory by mark) in the
these Rules. chan robles virtual law library presence of (names and
SEC. 14. Action on Application for addresses of witnesses) and
Renewal of Commission. - The undersigned notary public";
Executive Judge shall, upon and chan robles virtual law library
payment of the application fee (4) the notary public notarizes
mentioned in Section 3 above of the signature by thumb or other
this Rule, act on an application for mark through an
the renewal of a commission acknowledgment, jurat, or
within thirty (30) days from signature witnessing.
receipt thereof. If the application (c) A notary public is authorized to
is denied, the Executive Judge sign on behalf of a person who is
shall state the reasons therefor. cralaw physically unable to sign or make
RULE IV a mark on an instrument or
POWERS AND LIMITATIONS document if: chanroblesvirtuallawlibrary

OF NOTARIES PUBLIC (1) the notary public is directed


SECTION 1. Powers. - (a) A notary by the person unable to sign or
public is empowered to perform make a mark to sign on his behalf;
the following notarial acts: chanroblesvir tuallawlibrary (2) the signature of the notary
(1) acknowledgments; public is affixed in the presence of
(2) oaths and affirmations; two disinterested and unaffected
(3) jurats; chan robles virtual law library witnesses to the instrument or
(4) signature witnessings; document;
(5) copy certifications; and (3) both witnesses sign their own
(6) any other act authorized by names ;
these Rules. (4) the notary public writes below
(b) A notary public is authorized his signature: “Signature affixed
to certify the affixing of a by notary in presence of (names
signature by thumb or other mark and addresses of person and two
on an instrument or document [2] witnesses)”; and
presented for notarization if: chanroblesvirtuallawlibrary (5) the notary public notarizes his
(1) the thumb or other mark is signature by acknowledgment or
affixed in the presence of the jurat.
notary public and of two (2) SEC. 2. Prohibitions. - (a) A
disinterested and unaffected notary public shall not perform a
witnesses to the instrument or notarial act outside his regular
document; place of work or business;
(2) both witnesses sign their own provided, however, that on
names in addition to the thumb or certain exceptional occasions or
other mark; situations, a notarial act may be
(3) the notary public writes below performed at the request of the
parties in the following sites (c) is a spouse, common-law
located within his territorial partner, ancestor, descendant, or
jurisdiction: relative by affinity or
(1) public offices, convention consanguinity of the principal
halls, and similar places where within the fourth civil degree.
oaths of office may be SEC. 4. Refusal to Notarize. - A
administered; notary public shall not perform
(2) public function areas in hotels any notarial act described in these
and similar places for the signing Rules for any person requesting
of instruments or documents such an act even if he tenders the
requiring notarization; appropriate fee specified by these
(3) hospitals and other medical Rules if:chanroblesvirtuallawlibrary

institutions where a party to an (a) the notary knows or has good


instrument or document is reason to believe that the notarial
confined for treatment; and act or transaction is unlawful or
(4) any place where a party to an immoral;
instrument or document requiring (b) the signatory shows a
notarization is under detention. demeanor which engenders in the
(b) A person shall not perform a mind of the notary public
notarial act if the person involved reasonable doubt as to the
as signatory to the instrument or former's knowledge of the
document - consequences of the transaction
(1) is not in the notary's presence requiring a notarial act; and
personally at the time of the (c) in the notary's judgment, the
notarization; and signatory is not acting of his or
(2) is not personally known to the her own free will.
notary public or otherwise SEC. 5. False or Incomplete
identified by the notary public Certificate. - A notary public shall
through competent evidence of not:
identity as defined by these (a) execute a certificate
Rules. chan robles virtual law library containing information known or
SEC. 3. Disqualifications. - A believed by the notary to be false.
notary public is disqualified from (b) affix an official signature or
performing a notarial act if he: chanroblesvirtuallawlibrary seal on a notarial certificate that
(a) is a party to the instrument or is incomplete.
document that is to be SEC. 6. Improper Instruments or
notarized; chan robles virtual law library Documents. - A notary public shall Commented [RM1]: Self-serving
(b) will receive, as a direct or not notarize: chanroblesvirtuallawlibrary

indirect result, any commission, (a) a blank or incomplete


fee, advantage, right, title, instrument or document; or chan
interest, cash, property, or other robles virtual law library
consideration, except as provided (b) an instrument or document
by these Rules and by law; or
without appropriate notarial beyond his control and without
certification. negligence on his part. cralaw

RULE V SEC. 5. Notice of Fees. - A notary


FEES OF NOTARY PUBLIC public who charges a fee for
SECTION 1. Imposition and notarial services shall issue a
Waiver of Fees. - For performing a receipt registered with the Bureau
notarial act, a notary public may of Internal Revenue and keep a
charge the maximum fee as journal of notarial fees. He shall
prescribed by the Supreme Court enter in the journal all fees
unless he waives the fee in whole charged for services rendered. chan
or in part. robles virtual law library
chan robles virtual law library A notary public shall post in a
SEC. 2. Travel Fees and Expenses. conspicuous place in his office a
- A notary public may charge complete schedule of chargeable
travel fees and expenses separate notarial fees. cralaw

and apart from the notarial fees RULE VI


prescribed in the preceding NOTARIAL REGISTER
section when traveling to perform SECTION 1. Form of Notarial
a notarial act if the notary public Register. - (a) A notary public
and the person requesting the shall keep, maintain, protect and
notarial act agree prior to the provide for lawful inspection as
travel. cralaw provided in these Rules, a
SEC. 3. Prohibited Fees. – No fee chronological official notarial
or compensation of any kind, register of notarial acts consisting
except those expressly prescribed of a permanently bound book with
and allowed herein, shall be numbered pages. chan robles virtual law
collected or received for any library
notarial service. cralaw The register shall be kept in books
SEC. 4. Payment or Refund of to be furnished by the Solicitor
Fees. - A notary public shall not General to any notary public upon
require payment of any fees request and upon payment of the
specified herein prior to the cost thereof. The register shall be
performance of a notarial act duly paged, and on the first page,
unless otherwise agreed upon. chan the Solicitor General shall certify
robles virtual law library the number of pages of which the
Any travel fees and expenses paid book consists. cralaw

to a notary public prior to the For purposes of this provision, a


performance of a notarial act are Memorandum of Agreement or
not subject to refund if the notary Understanding may be entered
public had already traveled but into by the Office of the Solicitor
failed to complete in whole or in General and the Office of the
part the notarial act for reasons Court Administrator. chan robles virtual
law library
(b) A notary public shall keep only circumstances of any request to
one active notarial register at any inspect or copy an entry in the
given time. cralaw notarial register, including the
SEC. 2. Entries in the Notarial requester's name, address,
Register. - (a) For every notarial signature, thumbmark or other
act, the notary shall record in the recognized identifier, and
notarial register at the time of evidence of identity. The reasons
notarization the following: chan robles for refusal to allow inspection or
virtual law library copying of a journal entry shall
(1) the entry number and page also be recorded. cralaw

number; chan robles virtual law library (d) When the instrument or
(2) the date and time of day of the document is a contract, the notary
notarial act; public shall keep an original copy
(3) the type of notarial act; chan thereof as part of his records and
robles virtual law library enter in said records a brief
(4) the title or description of the description of the substance
instrument, document or thereof and shall give to each
proceeding; entry a consecutive number,
(5) the name and address of each beginning with number one in
principal; chan robles virtual law library each calendar year. He shall also
(6) the competent evidence of retain a duplicate original copy for
identity as defined by these Rules the Clerk of Court. cralaw

if the signatory is not (e) The notary public shall give to


personally known to the each instrument or document
notary; chan robles virtual law library executed, sworn to, or
(7) the name and address of each acknowledged before him a
credible witness swearing to or number corresponding to the one
affirming the person's identity; in his register, and shall also state
(8) the fee charged for the on the instrument or document
notarial act; the page/s of his register on which
(9) the address where the the same is recorded. No blank
notarization was performed if not line shall be left between entries. cralaw

in the notary's regular place of (f) In case of a protest of any


work or business; and draft, bill of exchange or
(10) any other circumstance the promissory note, the notary public
notary public may deem of shall make a full and true record
significance or relevance. of all proceedings in relation
(b) A notary public shall record in thereto and shall note therein
the notarial register the reasons whether the demand for the sum
and circumstances for not of money was made, by whom,
completing a notarial act. when, and where; whether he
(c) A notary public shall record in presented such draft, bill or note;
the notarial register the whether notices were given, to
whom and in what manner; where presence, any person may inspect
the same was made, when and to an entry in the notarial register,
whom and where directed; and of during regular business hours,
every other fact touching the provided;
same. cralaw (1) the person's identity is
(g) At the end of each week, the personally known to the notary
notary public shall certify in his public or proven through
notarial register the number of competent evidence of identity as
instruments or documents defined in these Rules;
executed, sworn to, (2) the person affixes a signature
acknowledged, or protested and thumb or other mark or other
before him; or if none, this recognized identifier, in the
certificate shall show this fact. cralaw notarial register in a separate,
(h) A certified copy of each dated entry;
month's entries and a duplicate (3) the person specifies the
original copy of any instrument month, year, type of instrument
acknowledged before the notary or document, and name of the
public shall, within the first ten principal in the notarial act or acts
(10) days of the month following, sought; and
be forwarded to the Clerk of Court (4) the person is shown only the
and shall be under the entry or entries specified by him.
responsibility of such officer. If (b) The notarial register may be
there is no entry to certify for the examined by a law enforcement
month, the notary shall forward a officer in the course of an official
statement to this effect in lieu of investigation or by virtue of a
certified copies herein required. cralaw court order.
SEC. 3. Signatures and (c) If the notary public has a
Thumbmarks. - At the time of reasonable ground to believe that
notarization, the notary's notarial a person has a criminal intent or
register shall be signed or a wrongful motive in requesting
thumb or other mark affixed by information from the notarial
each: chanroblesvirtuallawlibrary register, the notary shall deny
(a) principal; access to any entry or entries
(b) credible witness swearing or therein.cralaw

affirming to the identity of a SEC. 5. Loss, Destruction or


principal; and Damage of Notarial Register. - (a)
(c) witness to a signature by In case the notarial register is
thumb or other mark, or to a stolen, lost, destroyed, damaged,
signing by the notary public on or otherwise rendered unusable or
behalf of a person physically illegible as a record of notarial
unable to sign. acts, the notary public shall,
SEC. 4. Inspection, Copying and within ten (10) days after
Disposal. - (a) In the notary's informing the appropriate law
enforcement agency in the case of possessed or owned by any other
theft or vandalism, notify the person. It shall be of metal,
Executive Judge by any means circular in shape, two inches in
providing a proper receipt or diameter, and shall have the
acknowledgment, including name of the city or province and
registered mail and also provide a the word “Philippines” and his own
copy or number of any pertinent name on the margin and the roll
police report. cralaw of attorney's number on the face
(b) Upon revocation or expiration thereof, with the words "notary
of a notarial commission, or death public" across the center. A mark,
of the notary public, the notarial image or impression of such seal
register and notarial records shall shall be made directly on the
immediately be delivered to the paper or parchment on which the
office of the Executive Judge. cralaw writing appears.
SEC. 6. Issuance of Certified True (b) The official seal shall be
Copies. - The notary public shall affixed only at the time the
supply a certified true copy of the notarial act is performed and shall
notarial record, or any part be clearly impressed by the
thereof, to any person applying notary public on every page of the
for such copy upon payment of instrument or document
the legal fees. cralaw notarized. chan robles virtual law library
RULE VII (c) When not in use, the official
SIGNATURE AND SEAL OF seal shall be kept safe and secure
NOTARY PUBLIC and shall be accessible only to the
SECTION 1. Official Signature. – notary public or the person duly
In notarizing a paper instrument authorized by him. chan robles virtual law
or document, a notary public library
shall:chanroblesvirtuallawlibrary (d) Within five (5) days after the
(a) sign by hand on the notarial official seal of a notary public is
certificate only the name stolen, lost, damaged or other
indicated and as appearing on the otherwise rendered unserviceable
notary's commission; chan robles virtual in affixing a legible image, the
law library notary public, after informing the
(b) not sign using a facsimile appropriate law enforcement
stamp or printing device; and agency, shall notify the Executive
(c) affix his official signature only Judge in writing, providing proper
at the time the notarial act is receipt or acknowledgment,
performed. including registered mail, and in
SEC. 2. Official Seal. - (a) Every the event of a crime committed,
person commissioned as notary provide a copy or entry number of
public shall have a seal of office, the appropriate police record.
to be procured at his own Upon receipt of such notice, if
expense, which shall not be found in order by the Executive
Judge, the latter shall order the SEC. 4. Obtaining and Providing
notary public to cause notice of Seal. - (a) A vendor or
such loss or damage to be manufacturer of notarial seals
published, once a week for three may not sell said product without
(3) consecutive weeks, in a a written authorization from the
newspaper of general circulation Executive Judge. cralaw

in the city or province where the (b) Upon written application and
notary public is commissioned. after payment of the application
Thereafter, the Executive Judge fee, the Executive Judge may
shall issue to the notary public a issue an authorization to sell to a
new Certificate of Authorization to vendor or manufacturer of
Purchase a Notarial Seal. cralaw notarial seals after verification
(e) Within five (5) days after the and investigation of the latter's
death or resignation of the notary qualifications. The Executive
public, or the revocation or Judge shall charge an
expiration of a notarial authorization fee in the amount of
commission, the official seal shall PhP 4,000 for the vendor and PhP
be surrendered to the Executive 8,000 for the manufacturer. If a
Judge and shall be destroyed or manufacturer is also a vendor, he
defaced in public during office shall only pay the manufacturer's
hours. In the event that the authorization fee. cralaw

missing, lost or damaged seal is (c) The authorization shall be in


later found or surrendered, it shall effect for a period of four (4) years
be delivered by the notary public from the date of its issuance and
to the Executive Judge to be may be renewed by the Executive
disposed of in accordance with Judge for a similar period upon
this section. Failure to effect such payment of the authorization fee
surrender shall constitute mentioned in the preceding
contempt of court. In the event of paragraph. cralaw

death of the notary public, the (d) A vendor or manufacturer


person in possession of the official shall not sell a seal to a buyer
seal shall have the duty to except upon submission of a
surrender it to the Executive certified copy of the commission
Judge. cralaw and the Certificate of
SEC. 3. Seal Image. - The notary Authorization to Purchase a
public shall affix a single, clear, Notarial Seal issued by the
legible, permanent, and Executive Judge. A notary public
photographically reproducible obtaining a new seal as a result of
mark, image or impression of the change of name shall present to
official seal beside his signature the vendor or manufacturer a
on the notarial certificate of a certified copy of the Confirmation
paper instrument or document. cralaw of the Change of Name issued by
the Executive Judge. cralaw
(e) Only one seal may be sold by commission of the notary public;
a vendor or manufacturer for each (c) the words "Notary Public" and
Certificate of Authorization to the province or city where the
Purchase a Notarial Seal. cralaw notary public is commissioned,
(f) After the sale, the vendor or the expiration date of the
manufacturer shall affix a mark, commission, the office address of
image or impression of the seal to the notary public; and
the Certificate of Authorization to (d) the roll of attorney's number,
Purchase a Notarial Seal and the professional tax receipt
submit the completed Certificate number and the place and date of
to the Executive Judge. Copies of issuance thereof, and the IBP
the Certificate of Authorization to membership number.
Purchase a Notarial Seal and the RULE IX
buyer's commission shall be kept CERTIFICATE OF AUTHORITY
in the files of the vendor or OF NOTARIES PUBLIC
manufacturer for four (4) years SECTION 1. Certificate of
after the sale. cralaw Authority for a Notarial Act. - A
(g) A notary public obtaining a certificate of authority evidencing
new seal as a result of change of the authenticity of the official seal
name shall present to the vendor and signature of a notary public
a certified copy of the order shall be issued by the Executive
confirming the change of name Judge upon request in
issued by the Executive Judge. cralaw substantially the following
RULE VIII form: chan robles virtual law library
NOTARIAL CERTIFICATES CERTIFICATE OF AUTHORITY
SECTION 1. Form of Notarial FOR A NOTARIAL ACT
Certificate. - The notarial form I, (name, title, jurisdiction of
used for any notarial instrument the Executive Judge), certify
or document shall conform to all that (name of notary public),
the requisites prescribed herein, the person named in the seal
the Rules of Court and all other and signature on the attached
provisions of issuances by the document, is a Notary Public
Supreme Court and in applicable in and for the
laws. chan robles virtual law library (City/Municipality/Province)
SEC. 2. Contents of the of the Republic of the
Concluding Part of the Notarial Philippines and authorized to
Certificate. – The notarial act as such at the time of the
certificate shall include the document's notarization. chanrobl es virt ual l aw

following: chanroblesvirtuallawlibrary librar y chan robles virtual law library


(a) the name of the notary public IN WITNESS WHEREOF, I have
as exactly indicated in the affixed below my signature
commission; and seal of this office this
(b) the serial number of the (date) day of (month) (year). c hanr obl es
virtual law librar y chan robles virtual law library SEC. 2. Resignation. - A notary
_________________ public may resign his commission
(official signature) by personally submitting a
(seal of Executive Judge) written, dated and signed formal
RULE X notice to the Executive Judge
CHANGES OF STATUS OF together with his notarial seal,
NOTARY PUBLIC notarial register and records.
SECTION 1. Change of Name and Effective from the date indicated
Address. - in the notice, he shall immediately
Within ten (10) days after the cease to perform notarial acts. In
change of name of the notary the event of his incapacity to
public by court order or by personally appear, the submission
marriage, or after ceasing to of the notice may be performed by
maintain the regular place of work his duly authorized
or business, the notary public representative. cralaw

shall submit a signed and dated SEC. 3. Publication of Resignation.


notice of such fact to the - The Executive Judge shall
Executive Judge. immediately order the Clerk of
Court to post in a conspicuous
The notary public shall not place in the offices of the
notarize until: chanroblesvirtuallawlibrary Executive Judge and of the Clerk
(a) he receives from the Executive of Court the names of notaries
Judge a confirmation of the new public who have resigned their
name of the notary public and/or notarial commissions and the
change of regular place of work or effective dates of their
business; and resignation. cralaw

RULE XI
(b) a new seal bearing the new REVOCATION OF
name has been obtained. COMMISSION AND
The foregoing notwithstanding, DISCIPLINARY SANCTIONS
until the aforementioned steps SECTION 1. Revocation and
have been completed, the notary Administrative Sanctions. - (a)
public may continue to use the The Executive Judge shall revoke
former name or regular place of a notarial commission for any
work or business in performing ground on which an application for
notarial acts for three (3) months a commission may be denied. chan
from the date of the change, robles virtual law library
which may be extended once for (b) In addition, the Executive
valid and just cause by the Judge may revoke the
Executive Judge for another commission of, or impose
period not exceeding three (3) appropriate administrative
months. sanctions upon, any notary public
who: chanroblesvirtuallawlibrary
(1) fails to keep a notarial required to file a verified answer
register; to the complaint. If the answer of
(2) fails to make the proper entry the notary public is not
or entries in his notarial register satisfactory, the Executive Judge
concerning his notarial acts; shall conduct a summary hearing.
(3) fails to send the copy of the If the allegations of the complaint
entries to the Executive Judge are not proven, the complaint
within the first ten (10) days of shall be dismissed. If the charges
the month following; are duly established, the
(4) fails to affix to Executive Judge shall impose the
acknowledgments the date of appropriate administrative
expiration of his commission; sanctions. In either case, the
(5) fails to submit his notarial aggrieved party may appeal the
register, when filled, to the decision to the Supreme Court for
Executive Judge; review. Pending the appeal, an
(6) fails to make his report, within order imposing disciplinary
a reasonable time, to the sanctions shall be immediately
Executive Judge concerning the executory, unless otherwise
performance of his duties, as may ordered by the Supreme Court.
be required by the judge; (d) The Executive Judge may
(7) fails to require the presence of motu proprio initiate
a principal at the time of the administrative proceedings
notarial act; against a notary public, subject to
(8) fails to identify a principal on the procedures prescribed in
the basis of personal knowledge paragraph (c) above and impose
or competent evidence; the appropriate administrative
(9) executes a false or incomplete sanctions on the grounds
certificate under Section 5, Rule mentioned in the preceding
IV; paragraphs (a) and (b). cralaw

(10) knowingly performs or fails SEC. 2. Supervision and


to perform any other act Monitoring of Notaries Public. -
prohibited or mandated by these The Executive Judge shall at all
Rules; and times exercise supervision over
(11) commits any other notaries public and shall closely
dereliction or act which in the monitor their activities. chan robles
judgment of the Executive Judge virtual law library
constitutes good cause for SEC. 3. Publication of Revocations
revocation of commission or and Administrative Sanctions. -
imposition of administrative The Executive Judge shall
sanction. immediately order the Clerk of
(c) Upon verified complaint by an Court to post in a conspicuous
interested, affected or aggrieved place in the offices of the
person, the notary public shall be Executive Judge and of the Clerk
of Court the names of notaries herewith, are hereby repealed or
public who have been accordingly modified. chan robles virtual
administratively sanctioned or law library
whose notarial commissions have SEC. 2. Effective Date. - These
been revoked. cralaw Rules shall take effect on the first
SEC. 4. Death of Notary Public. - day of August 2004, and shall be
If a notary public dies before published in a newspaper of
fulfilling the obligations in Section general circulation in the
4(e), Rule VI and Section 2(e), Philippines which provides
Rule VII, the Executive Judge, sufficiently wide circulation.
upon being notified of such death, Promulgated this 6th day of July,
shall forthwith cause compliance 2004. chan robles virtual law library
with the provisions of these Davide, Jr. C.J., Puno, Vitug,
sections. chan robles virtual law library Panganiban, Quisumbing,
RULE XII Ynarez-Santiago, Sandoval-
SPECIAL PROVISIONS Gutierrez, Carpio, Austria-
SECTION 1. Punishable Acts. - Martinez, Corona, Carpio-
The Executive Judge shall cause Morales, Callejo, Sr., Azcuna and
the prosecution of any person Tinga, JJ. cralaw

who: chanroblesvirtuallawlibrary

(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

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