2004 Rules On Notarial Practice 1
2004 Rules On Notarial Practice 1
Notarial Practice
A.M. No. 02-8-13-SC
Prepared by:
BULAN, Czerny Claire O.
CARALIPIO, Maraya Incubette B.
HITOSIS, Charlemagne D.
RIGOR, Raegan G.
CONTENTS:
>Rule I
>Rule II
>Rule III
RULE I IMPLEMENTATION
RULE I. IMPLEMENTATION
(b) to simplify, clarify, and
modernize the rules governing
notaries public; and
SECTION 1. Title
- These Rules shall be known as the (c) to foster ethical conduct
2004 Rules on Notarial Practice. among notaries public.
(a) is presented with an instrument or (d) determines that the ccpy is accurate
document that is neither a vital and complete.
record, a public record, nor publicly
recordable;
(a) appears in person before the notary (d) takes an oath or affirmation before
public and presents an instrument the notary public ·as to such
or document; instrument or document.
(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.
SECTION 13. Official Seal or Seal
(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
(2) must be over 21 years of age; (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:
(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;
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:
(c) a 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.
SECTION 3. Application Fee
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 opposition thereto.
The opposition must be received by the Executive Judge before
the date of the summary hearing.
SECTION 7. Form of Notarial Commission
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 13. Action on Application for Renewal of Commission
>Rule IV
>Rule V
>Rule VI
POWERS AND
RULE IV LIMITATIONS OF
NOTARIES PUBLIC
(b) A notary public is authorized to certify the
affixing of a signature by thumb or other mark on
SECTION 1. Powers an instrument or document presented for
notarization if:
(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
(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
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
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
The register shall be kept in books to be (b) A notary public shall keep only one
furnished by the Solicitor General to any active notarial register at any given
notary public upon request and upon time.
payment of the cost thereof.
(5) the name and address of each principal;
SECTION 2.Entries in the Notarial
(6) the competent evidence of identity as
Register
defined by these Rules if the signatory is not
personally known to the notary;
(a) For every notarial act, the notary shall record
in the notarial register at the time of (7) the name and address of each credible
notarization the following: witness swearing to or affirming the
person's identity;
(1) the entry number and page number;
(8) the fee charged for the notarial act;
(2) the date and time of day of the notarial
act; (9) the address where the notarization was
performed if not in the notary's regular
(3) the type of notarial act; place of work or business; and
(4) the title or description of the (10) any other circumstance the notary
instrument, document or proceeding; public may deem of significance or
relevance.
(d) When the instrument or document is a
contract, the notary public shall keep an
SECTION 2.Entries in the Notarial original copy thereof as part of his records
Register and enter in said records a brief description
of the substance thereof and shall give to
each entry a consecutive number, beginning
(b) A notary public shall record in the notarial with number one in each calendar year. He
register the reasons and circumstances for not shall also retain a duplicate original copy for
completing a notarial act. the Clerk of Court.
(c) A notary public shall record in the notarial (e) The notary public shall give to each
register the circumstances of any request to instrument or document executed, sworn
inspect or copy an entry in the notarial register, to, or acknowledged before him a number
including the requester's name, address, corresponding to the one in his register, and
signature, thumbmark or other recognized shall also state on the instrument or
identifier, and evidence of identity. The reasons document the page/s of his register on
for refusal to allow inspection or copying of a which the same is recorded. No blank line
journal entry shall also be recorded. shall be left between entries.
(g) At the end of each week, the notary
public shall certify in his notarial register the
SECTION 2.Entries in the Notarial number of instruments or documents
Register executed, sworn to, acknowledged, or
protested before him; or if none, this
certificate shall show this fact.
(f) In case of a protest of any draft, bill of
exchange or promissory note, the notary public (h) A certified copy of each month's entries
shall make a full and true record of all and a duplicate original copy of any
proceedings in relation thereto and shall note instrument acknowledged before the notary
therein whether the demand for the sum of public shall, within the first ten (10) days of
money was made, by whom, when, and where; the month following, be forwarded to the
whether he presented such draft, bill or note; Clerk of Court and shall be under the
whether notices were given, to whom and in responsibility of such officer. If there is no
what manner; where the same was made, when entry to certify for the month, the notary
and to whom and where directed; and of every shall forward a statement to this effect in
other fact touching the same. lieu of certified copies herein required.
SECTION 3.Signatures and
Thumbmarks
(a) principal;
(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.
>Rule VII
>Rule VIII
>Rule IX
SIGNATURE AND
RULE VII SEAL OF NOTARY
PUBLIC
a) Sign by hand on the notarial
SECTION 1.
Official Signature certificate only the name
indicated and as appearing on
the notary’s commission;
In notarizing a paper instrument b) Not sign using a facsimile
or document, a notary public stamp or printing device; and
shall:
c) Affix his official signature only
at the time the notarial act is
performed.
(a) Every person commissioned as notary
SECTION 2.
public shall have a seal of office, to be
Official Seal 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
(b) The official seal shall be affixed only at the
time the notarial act is performed and shall be
have the same name of the city or
clearly impressed by the notary public on every province and the word “Philippines” and
page of the instrument or document notarized. his own name on the margin and the roll
of attorney’s number on the face thereof,
with the words “notary public” across the
(c) When not in use, the official seal shall be kept center. A mark, image or impression of
safe and secure and shall be accessible only to
such seal shall be made directly on the
the notary public or the person duly authorized by
paper or parchment of which the writing
him.
appears.
SECTION 2.
Official Seal
(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.
SECTION 2.
Official 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
(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
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.
SECTION 4.
Obtaining and Providing Seal
(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.
SECTION 4.
Obtaining and Providing Seal
(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.
NOTARIAL
RULE VIII CERTIFICATES
SECTION 1.
Form of Notarial Certificate
(a) the name of the notary public as exactly indicated in the commission;
(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.
CERTIFICATE OF
RULE IX AUTHORITY OF
NOTARIES PUBLIC
SECTION 1.
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)
>Rule X
>Rule XI
>Rule XII
CHANGES OF
RULE X STATUS OF
NOTARY PUBLIC
(a) he receives from the Executive Judge a
SECTION 1. confirmation of the new name of the notary
Change of Name and Address. public and/or change of regular place of work
or business; and
(5) fails to submit h:s 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 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).
SECTION 2.
Supervision and Monitoring of
Notaries Public.
The Executive Judge shall cause the prosecution of any person who:
RE: 2004 RULES ON NOTARIAL PRACTICE - The Court Resolved, upon the recommendation of the Sub
Committee on the Revision of the Rules Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the
2004 Rules on Notarial Practice, to wit:
Rule II
DEFINITIONS
xxx
"Sec. 12. Component 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, such as but not limited to, passport, driver’s license, Professional Regulations
Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter’s ID, Barangay
certification, Government Service and Insurance System (GSIS) e-card, Social Security System (SSS) card,
Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID,
seaman’s book, alien certificate of registration/immigrant certificate of registration, government office ID,
certification from the National Council for the Welfare of Disable Persons (NCWDP), Department of Social
Welfare and Development (DSWD) certification; or (b) xxxx."
Use of CEDULA
A cedula is a document issued to Filipinos upon payment of a residence tax. The cedula is one of the
basic requirements for most government transactions. It can also serve as valid identification for
individuals and corporations residing or located in the same municipality from where it's acquired. On
July 23, 2013 S. No. 1082 was enacted “ AN ACT ABOLISHING THE USE OF COMMUNITY TAX
CERTIFICATE AND THE POWER TO LEVY COMMUNITY TAX REPEALING FOR THAT
PURPOSE THE PERTINENT PROVISIONS OF REPUBLIC ACT NO. 7160, AS AMENDED,
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991”
SECTION 1. Repealing Clause. Sections 156 to 164, Article Six, Title One, Book II, Chapter 2, Specific
Provisions on the Taxing and Other Revenue Raising Powers of Local Government Units, of Republic
Act No. 7160 are hereby repealed.
All laws, presidential decrees, executive orders, proclamations and/ or administrative regulations
which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or
repealed accordingly.
R.A. 7160
S. No. 1082
THANK YOU!