2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]

|||

2004 RULES ON NOTARIAL PRACTICE

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:
RULE I
Implementation
SECTION 1. Title. — These Rules shall be known as
the 2004  Rules  on  Notarial  Practice. 
CDTAbench

SECTION 2. Purposes. — These Rules shall be applied and construed

to advance the following purposes:
(a) to promote, serve, and protect public interest;
(b) to simplify, clarify, and modernize the rules governing notaries
public; and
(c) to foster ethical conduct among notaries public.
SECTION 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:
(a) appears in person before the notary public and presents an
integrally complete instrument or document;
(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 
ECaTDc

1
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

(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.
SECTION 2. Affirmation or Oath. — The term "Affirmation" or "Oath"
refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public;
(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
(c) avows under penalty of law to the whole truth of the contents of
the instrument or document.  aScIAC

SECTION 3. Commission. — "Commission" refers to the grant of

authority to perform notarial acts and to the written evidence of the
authority.
SECTION 4. Copy Certification. — "Copy Certification" refers to
a notarial act in which a notary public:
(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.
SECTION 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.
SECTION 6. Jurat. — "Jurat" refers to an act in which an individual on
a single occasion:
(a) appears in person before the notary public and presents an
instrument or document;

2
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

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

notary public through competent evidence of identity as
defined by these Rules;
(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.
SECTION 7. Notarial  Act and Notarization. — "Notarial Act" and
"Notarization" refer to any act that a notary public is empowered to
perform under these Rules.
SECTION 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.
SECTION 9. Notary Public and Notary. — "Notary Public" and "Notary"
refer to any person commissioned to perform official acts under
these Rules.
SECTION 10. Principal. — "Principal" refers to a person appearing
before the notary public whose act is the subject of notarization.
SECTION 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.
SECTION 12. Competent Evidence of Identity. — The phrase
"competent evidence of identity" refers to the identification of an
individual based on:
(a) at least one current identification document issued by an official
agency bearing the photograph and signature of the
individual; or
(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

3
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

instrument, document or transaction who each personally

knows the individual and shows to the notary public
documentary identification.
SECTION 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.  CIDcHA

SECTION 14. Signature Witnessing. — The term "signature witnessing"

refers to a notarial act in which an individual on a single occasion:
(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
(c) signs the instrument or document in the presence of the notary
public.
SECTION 15. Court. — "Court" refers to the Supreme Court of the
Philippines.
SECTION 16. Petitioner. — "Petitioner" refers to a person who applies
for a notarial commission.
SECTION 17. Office of the Court Administrator. — "Office of the Court
Administrator" refers to the Office of the Court Administrator of the
Supreme Court.
SECTION 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.
SECTION 19. Vendor. — "Vendor" under these Rules refers to a seller
of a notarial seal and shall include a wholesaler or retailer.
SECTION 20. Manufacturer. — "Manufacturer" under
these Rules refers to one who produces a notarial seal and shall include
an engraver and seal maker.
RULE III

4
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

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.
To be eligible for commissioning as notary public, the petitioner:
(1) must be a citizen of the Philippines;  aEcSIH

(2) must be over twenty-one (21) years of age;

(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;
(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.
SECTION 2. Form of the Petition and Supporting Documents. — Every
petition for a notarial commission shall be in writing, verified, and shall
include the following:
(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.  ESHcTD

5
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

SECTION 3. Application Fee. — Every petitioner for

a notarial commission shall pay the application fee as prescribed in
the Rules of Court.
SECTION 4. Summary Hearing on the Petition. — The Executive Judge
shall conduct a summary hearing on the petition and shall grant the same
if:
(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.
SECTION 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:
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.
_______________
Executive Judge

SECTION 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

6
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

opposition thereto. The opposition must be received by the Executive

Judge before the date of the summary hearing.
 
SECTION 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:
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)
_______________
Executive Judge

SECTION 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.  ESCTaA

SECTION 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:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF _______________
CERTIFICATE OF AUTHORIZATION TO PURCHASE A
NOTARIAL SEAL
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.

7
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

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

______________
Executive. Judge

SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
Failure to file said application will result in the deletion of the name
of the notary public in the register of notaries public.
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.
SECTION 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

8
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

commission within thirty (30) days from receipt thereof. If the application
is denied, the Executive Judge shall state the reasons therefor.
RULE IV
Powers and Limitations of Notaries Public
SECTION 1. Powers. — (a) A notary public is empowered to perform
the following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(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:
(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
(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:
(1) the notary public is directed by the person unable to sign or
make a mark to sign on his behalf;

9
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

(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.
SECTION 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:
(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.  IAcDET

(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.
SECTION 3. Disqualifications. — A notary public is disqualified from
performing a notarial act if he:
(a) is a party to the instrument or document that is to be notarized;

10
 |||  2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]

(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.
SECTION 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:
(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.
SECTION 5. False or Incomplete Certificate. — A notary public shall
not:
(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.
SECTION 6. Improper Instruments or Documents. — A notary public
shall not notarize:
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without
appropriate notarial certification.
RULE V
Fees of Notary Public

11
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

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.
SECTION 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. aCcADT

SECTION 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.
SECTION 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.
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.
SECTION 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.
A notary public shall post in a conspicuous place in his office a
complete schedule of chargeable notarial fees.
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.
 

12
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

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.
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.
(b) A notary public shall keep only one active notarial register at any
given time.
SECTION 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:
(1) the entry number and page number;
(2) the date and time of day of the notarial act;
(3) the type of notarial act;
(4) the title or description of the instrument, document or
proceeding;
(5) the name and address of each principal;
(6) the competent evidence of identity as defined by these Rules if
the signatory is not personally known to the notary;
(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

13
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

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.
(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.  TCASIH

(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.
(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.
(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.
(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.

14
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

SECTION 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:
(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.
SECTION 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.
SECTION 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

15
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

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.
(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.
SECTION 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.
RULE VII
Signature and Seal of Notary Public
SECTION 1. Official Signature. — In notarizing a paper instrument or
document, a notary public shall:
(a) sign by hand on the notarial certificate only the name indicated
and as appearing on the notary's commission;
(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.
SECTION 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.

16
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

(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.
(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.
(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.
SECTION 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.
SECTION 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.
(b) Upon written application and after payment of the application
fee, the Executive Judge may issue an authorization to sell to a vendor or

17
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

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 Php4,000 for the vendor and Php8,000 for the
manufacturer. If a manufacturer is also a vendor, he shall only pay the
manufacturer's authorization fee.  IEDHAT

(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.
 
(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.
(e) Only one seal may be sold by a vendor or manufacturer for each
Certificate of Authorization to Purchase a Notarial Seal.
(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.
(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.
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.

18
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

SECTION 2. Contents of the Concluding Part of the  Notarial  Certificate.

— The notarial certificate shall include the following:
(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:
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.
IN WITNESS WHEREOF, I have affixed below my signature
and seal of this office this (date) day of (month) (year).
________________
(official signature)
(seal of Executive Judge)
RULE X
Changes of Status of Notary Public
SECTION 1. Change of Name and Address. —

19
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

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:
(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.
SECTION 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.
SECTION 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.
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.

20
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

(b) In addition, the Executive Judge may revoke the commission of,
or impose appropriate administrative sanctions upon, any notary public
who:
(1) fails to keep a notarial register;  cIHSTC

(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

21
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

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.  DHECac

(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).
SECTION 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.
SECTION 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.
SECTION 4. Death of Notary Public. — If a notary public dies before
fulfilling the obligations in Section 5(b), 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.
RULE XII
Special Provisions
SECTION 1. Punishable Acts. — The Executive Judge shall cause the
prosecution of any person who:
(a) knowingly acts or otherwise impersonates a notary public;
(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.

22
   2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004]
|||

SECTION 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.
SECTION 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.
 

23