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2004 Rules On Notarial Practice 1

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2004 Rules On Notarial Practice 1

Copyright
© © All Rights Reserved
Available Formats
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2004 Rules on

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.

SECTION 2. Purposes SECTION 3. Interpretation


- These Rules shall be applied and - Unless the context of these Rules
construed to advance the following otherwise indicates, words in the
purposes: singular include the plural, and
words in the plural include the
(a) to promote, serve, and protect singular.
public interest;
RULE II DEFINITIONS
or identified by the notary public
through competent evidence of
SECTION 1. Acknowledgment
identity as defined by these Rules;
and

- Acknowledgement refers to an act (c) represents to the notary public that


in which an individual on a single the signature on· the instrument or
document was voluntarily affixed
occasion: by him for the purposes stated in the
instrument or document, declares
(a) appears in person before the that he has executed the instrument
notary public and presents an or document as his free and voluntary
integrally complete instrument act and deed, and, if he acts in a
or document; particular representative capacity,
that he has the authority to sign in
(b) is attested to be personally that capacity.
known to the notary public
SECTION 2. Affirmation or Oath

- Affirmation or Oath refers to an act of identity as defined by these Rules;


in which an individual on a single and

occasion: (c) avows under penalty of law to the


whole truth of the contents of the
(a) appears in person before the instrument or document.
notary public;

(b) is personally known to the notary


public or identified by the notary
public through competent evidence
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 (c) compares the instrument or document


act in which a notary public: with the copy; and

(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;

(b) copies or supervises the copying of


the instrument or document;
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 (c) signs the instrument or document in


individual on a single occasion: the presence of the notary; and

(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) is personally known to the notary


public or identified by the notary
public through competent evidence
of identity as defined by these Rules;
SECTION 7. Notarial Act and Notarization

- Notarial Act and Notarization refer to a 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 a any person commissioned


to perform 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

- 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

- 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 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.
SECTION 14. Signature Witnessing

- 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.
COMMISSIONING
RULE III OF NOTARY PUBLIC
(3) must be a resident in the Philippines
SECTION 1. Qualifications
for at least 1 year and maintains a
regular place of work or
business in the city or province
- A notarial commission may be issued where the commission is
by an Executive Judge to any qualified to be issued;
person who submits a petition in
accordance with these Rules. (4) must be a member of the Philippine
Bar in good standing with
To be eligible for commissioning as clearances from tile Office of
notary public, the petitioner: the Bar Confidant of the Supreme
Court and the Integrated Bar of the
(1) must be a citizen of the Philippines; Philippines; and

(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:

(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;
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

- 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 sha;! 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:


SECTION 5. Notice of Summary Hearing

(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 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.
SECTION 9. Form o f Certificate of Authorization
to Purchase a Notarial Seal

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.

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 13. Action on Application for Renewal of Commission

- The Executive Judge shall, upon payment of the application fee


mentioned in Section 3 above of this Rule, act on an application
for the renewal of a commission within thirty (30) days from receipt
thereof. If the application is denied, the Executive Judge shall state
the reasons therefor.
CONTENTS:

>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:

(1) the thumb or other mark is affixed in the


(a) A notary public is empowered to presence of the notary public and of two (2)
perform the following notarial acts: disinterested and unaffected witnesses to the
instrument or document;
1. acknowledgments;
2. oaths and affirmations; (2) both witnesses sign their own names in
3. jurats; addition to the thumb or other mark;
4. signature witnessings;
(3) the notary public writes below the thumb
5. copy certifications; and
or other mark: "Thumb or Other Mark affixed
6. any other act authorized by these
by (name of signatory by mark) in the
Rules.
presence of (names and addresses of
witnesses) and undersigned notary public";
and
(2) the signature of the notary public
SECTION 1. Powers is affixed in the presence of two
disinterested and unaffected
witnesses to the instrument or
(4) the notary public notarizes the document;
signature by thumb or other mark (3) both witnesses sign their own
through an acknowledgment, jurat, or names;
signature witnessing.
(4) the notary public writes below his
(c) A notary public is authorized to sign on signature: “Signature affixed by notary
behalf of a person who is physically unable to in presence of (names and addresses
sign or make a mark on an instrument or of person and two [2] witnesses)”; and
document if:
(5) the notary public notarizes his
(1) the notary public is directed by the signature by acknowledgment or jurat.
person unable to sign or make a mark to
sign on his behalf;
(1) public offices, convention halls, and
similar places where oaths of office may
be administered;
SECTION 2. Prohibitions
(2) public function areas in hotels and
similar places for the signing of
(a) A notary public shall not perform a instruments or documents requiring
notarial act outside his regular place of notarization;
work or business; provided, however, (3) hospitals and other medical
that on certain exceptional occasions institutions where a party to an
or situations, a notarial act may be instrument or document is confined for
performed at the request of the treatment; and
parties in the following sites located
within his territorial jurisdiction: (4) any place where a party to an
instrument or document requiring
notarization is under detention.
SECTION 2. Prohibitions

(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;

(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.


FEES OF
RULE V NOTARY PUBLIC
SECTION 1.Imposition of 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.
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.
NOTARIAL
RULE VI REGISTER
The register shall be duly paged, and
SECTION 1.Form of Notarial
on the first page, the Solicitor General
Register
shall certify the number of pages of
which the book consists.
(a) A notary public shall keep, maintain,
protect and provide for lawful inspection For purposes of this provision, a
as provided in these Rules, a Memorandum of Agreement or
chronological official notarial register of Understanding may be entered into by
notarial acts consisting of a permanently the Office of the Solicitor General and
bound book with numbered pages. the Office of the Court Administrator.

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

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.
(3) the person specifies the month,
year, type of instrument or document,
SECTION 4.Inspection, Copying and name of the principal in the
and Disposal notarial act or acts sought; and

(4) the person is shown only the entry


or entries specified by him.
(a) In the notary's presence, any person may
inspect an entry in the notarial register, during (b) The notarial register may be examined
regular business hours, provided; by a law enforcement officer in the course
of an official investigation or by virtue of a
(1) the person's identity is personally known to
court order.
the notary public or proven through competent
evidence of identity as defined in these Rules; (c) If the notary public has a reasonable
ground to believe that a person has a
(2) the person affixes a signature and thumb or
criminal intent or wrongful motive in
other mark or other recognized identifier, in the
requesting information from the notarial
notarial register in a separate, dated entry;
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 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.
CONTENTS:

>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

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
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

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

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.
CERTIFICATE OF
RULE IX 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:
SECTION 1.
Certificate of Authority for a
Notarial Act

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)


2004 Rules on
Notarial Practice
A.M. No. 02-8-13-SC

Prepared by: Czerny Claire O. Bulan


CONTENTS:

>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

(b) a new seal bearing the new name has been


obtained.
Within ten (10) days after the
change of name of the notary public The foregoing notwithstanding, until the
by court order or by marriage, or after aforementioned steps have been completed, the
ceasing to maintain the regular place notary public may continue to use the former
of work or business, the notary public name or regular place of work or business in
shall submit a signed and dated notice performing notarial acts for three (3) months
from the date of the change, which may be
of such fact to the Executive Judge.
extended once for valid and just cause by the
Executive Judge for another period not
The notary public shall not exceeding three (3) months.
notarize until:
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 territorial commissions and the effective dates of their resignation.
REVOCATION OF
COMMISSION
RULE XI AND
DISCIPLINARY
SANCTIONS
SECTION 1. (b) In addition, the Executive Judge may
Revocation and Administrative revoke the commission of, or impose
appropriate administrative sanctions upon,
Sanctions. any notary public who:

(1) fails to keep a notarial register;

(2) fails to make the proper entry or entries in


(a) The Executive Judge shall his notarial register concerning his notarial
revoke a notarial commission for any acts;
ground on which an application for a
(3) fails to send the copy of the entries to the
commission may be denied. 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 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 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


(b), Rule VI and Section 2( e ), Rule VI I, the Executive Judge, upon
being notified of such death, shall forthwith cause compliance with
the provisions of these sections.
SPECIAL
RULE XII 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.
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.
A.M. No. 02-8-13-SC February 19, 2008

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!

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