July 6, 2004

August 1, 2004

EN BANC
A.M. No. 02-8-13-SC
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 Ocial 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
Title. These Rules shall be known as the 2004 Rules on

SECTION 1.
Notarial Practice.
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 identied
by the notary public through competent evidence of identity as
defined by these Rules; and
(c)
represents to the notary public that the signature on the instrument
or document was voluntarily axed 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,
CDTAbench

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if he acts in a particular representative capacity, that he has the

authority to sign in that capacity.
SECTION 2.
Armation or Oath. The term "Armation" 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 identied by the notary

public through competent evidence of identity as dened 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 Certication. "Copy Certication" 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.
single occasion:

Jurat. "Jurat" refers to an act in which an individual on a

(a)

appears in person before the notary public and presents an

instrument or document;

(b)

is personally known to the notary public or identied by the notary

public through competent evidence of identity as dened by these
Rules;

(c)

signs the instrument or document in the presence of the notary; and

(d)

takes an oath or armation 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 Certicate. "Notarial Certicate" 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 oce 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 identication of an individual
based on:
(a)

at least one current identication document issued by an ocial

agency bearing the photograph and signature of the individual; or

(b)

the oath or armation 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.
Ocial Seal or Seal. "Ocial seal" or "Seal" refers to a
device for axing a mark, image or impression on all papers ocially 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 identied by the notary

public through competent evidence of identity as dened by these
Rules; and

(c)

signs the instrument or document in the presence of the notary

public.

SECTION 15.
Philippines.

Court. "Court" refers to the Supreme Court of the

SECTION 16.
Petitioner. "Petitioner" refers to a person who applies
for a notarial commission.
SECTION 17.
Oce of the Court Administrator. "Oce of the Court
Administrator" refers to the Oce 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

Commissioning of Notary Public

SECTION 1.
Qualifications. A notarial commission may be issued by
an Executive Judge to any qualied 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;
(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 Oce of the Bar Condant of the Supreme Court
and the Integrated Bar of the Philippines; and
(5)
must not have been convicted in the rst 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, veried, and shall include
the following:
(a)
a statement containing the petitioner's personal qualications,
including the petitioner's date of birth, residence, telephone number,
professional tax receipt, roll of attorney's number and IBP
membership number;
(b)
certication of good moral character of the petitioner by at least two
(2) executive ocers of the local chapter of the Integrated Bar of the
Philippines where he is applying for commission;
(c)
proof of payment for the ling 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 Certicate of
Authorization to Purchase a Notarial Seal in favor of the petitioner.
aEcSIH

ESHcTD

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 oces 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 le a veried 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 le a veried 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-rst
day of December (year)
_______________
Executive Judge

SECTION 8.
Period Of Validity of Certicate of Authorization to Purchase
a Notarial Seal. The Certicate 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 Certicate shall be presented to the Executive
Judge for approval prior to use.
ESCTaA

SECTION 9.
Form of Certicate of Authorization to Purchase a Notarial
Seal. The Certicate 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-rst of December (year) to
purchase a notarial seal.
Issued this (day) of (month) (year).
______________
Executive. Judge

SECTION 10.
Ocial Seal of Notary Public. Every person
commissioned as notary public shall have only one ocial seal of oce 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 rst 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 Oce of the Court Administrator information
and data recorded in the register of notaries public. The Oce of the Court
Administrator shall keep a permanent, complete and updated database of such
records.
SECTION 13.
Renewal of Commission . A notary public may le a
written application with the Executive Judge for the renewal of his commission
within forty-ve (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 le 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 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 axing of a signature by
thumb or other mark on an instrument or document presented for notarization
if:
(1)
the thumb or other mark is axed in the presence of the notary
public and of two (2) disinterested and unaected 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 axed 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;
(2)
the signature of the notary public is axed in the presence of two
disinterested and unaected witnesses to the instrument or
document;
(3)
both witnesses sign their own names;
(4)
the notary public writes below his signature: "Signature axed 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 oces, 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 identied

by the notary public through competent evidence of identity as
defined by these Rules.

SECTION 3.
Disqualifications. A notary public is disqualied 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 anity 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.

False or Incomplete Certificate. A notary public shall not:

(a)
execute a certicate containing information known or believed by
the notary to be false.
(b)
ax an ocial signature or seal on a notarial certicate that is
incomplete.
SECTION 6.
Improper Instruments or Documents. A notary public
SECTION 5.

shall not notarize:

(a)
(b)

a blank or incomplete instrument or document; or

an instrument
certification.

or

document

without

appropriate

notarial

RULE V

Fees of Notary Public

SECTION 1.
Imposition and Waiver of Fees . For performing a notarial
act, a notary public may charge the maximum fee as prescribed by the Supreme
Court unless he waives the fee in whole or in part.
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 specied 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 oce 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 ocial notarial register of notarial acts consisting of a permanently
bound book with numbered pages.
aCcADT

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 rst 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 Oce 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 dened 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 signicance

or relevance.

(b)
A notary public shall record in the notarial register the reasons and
circumstances for not completing a notarial act.
(c)
A notary public shall record in the notarial register the circumstances
of any request to inspect or copy an entry in the notarial register, including the
requester's name, address, signature, thumbmark or other recognized identier,
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 certicate shall show this
fact.
(h)
A certied copy of each month's entries and a duplicate original copy
of any instrument acknowledged before the notary public shall, within the rst
ten (10) days of the month following, be forwarded to the Clerk of Court and
shall be under the responsibility of such ocer. If there is no entry to certify for
the month, the notary shall forward a statement to this eect in lieu of certied
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 axed by
each:
(a)

principal;

(b)

credible witness swearing or arming 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 dened in these
Rules;

(2)

the person axes a signature and thumb or other mark or other

recognized identier, in the notarial register in a separate, dated
entry;

(3)

the person species 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 ocer
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 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 Certied True Copies . The notary public shall
supply a certied 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.
Ocial Signature. In notarizing a paper instrument or
document, a notary public shall:
(a)
sign by hand on the notarial certicate only the name indicated and
as appearing on the notary's commission;
(b)
not sign using a facsimile stamp or printing device; and
(c)
ax his ocial signature only at the time the notarial act is
performed.
SECTION 2.
Ocial Seal. (a) Every person commissioned as notary
public shall have a seal of oce, 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 ocial seal shall be axed 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.
(c)
When not in use, the ocial 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 ve (5) days after the ocial seal of a notary public is stolen,
lost, damaged or other otherwise rendered unserviceable in axing 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 ve (5) days after the death or resignation of the notary

public, or the revocation or expiration of a notarial commission, the ocial seal

shall be surrendered to the Executive Judge and shall be destroyed or defaced in
public during oce 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 eect
such surrender shall constitute contempt of court. In the event of death of the
notary public, the person in possession of the ocial seal shall have the duty to
surrender it to the Executive Judge.
SECTION 3.
Seal Image. The notary public shall ax a single, clear,
legible, permanent, and photographically reproducible mark, image or impression
of the ocial seal beside his signature on the notarial certicate 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 verication and investigation of the latter's
qualications. 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 eect 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 certied copy of the commission and the Certicate 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 certied copy of the Conrmation 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 ax a mark, image
or impression of the seal to the Certicate of Authorization to Purchase a Notarial
Seal and submit the completed Certicate to the Executive Judge. Copies of the
Certicate of Authorization to Purchase a Notarial Seal and the buyer's
commission shall be kept in the les 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 certied copy of the order conrming the change of
name issued by the Executive Judge.

RULE VIII

Notarial Certificates
SECTION 1.
Form of Notarial Certicate . 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 Certicate .
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.
Certicate of Authority for a Notarial Act. A certicate of
authority evidencing the authenticity of the ocial 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 axed 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.
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)

(b)

he receives from the Executive Judge a conrmation of the new

name of the notary public and/or change of regular place of work or
business; and
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.
Eective 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 oces
of the Executive Judge and of the Clerk of Court the names of notaries public
who have resigned their notarial commissions and the eective 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.
(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;
(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 ax to acknowledgments the date of expiration of his
commission;
(5)
fails to submit his notarial register, when lled, 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;
cIHSTC

(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 veried complaint by an interested, aected or aggrieved
person, the notary public shall be required to le a veried answer to the
complaint.
If the answer of the notary public is not satisfactory, the Executive Judge
shall conduct a summary hearing. If the allegations of the complaint are not
proven, the complaint shall be dismissed. If the charges are duly established, the
Executive Judge shall impose the appropriate administrative sanctions. In either
case, the aggrieved party may appeal the decision to the Supreme Court for
review. Pending the appeal, an order imposing disciplinary sanctions shall be
immediately executory, unless otherwise ordered by the Supreme Court.
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 oces 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
fullling the obligations in Section 5(b), Rule VI and Section 2(e), Rule VII, the
Executive Judge, upon being notied 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 inuences 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.
aDSAEI

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.
Eective Date. These Rules shall take eect on the rst
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.
(SGD.) HILARIO G. DAVIDE, JR.

Chief Justice
(SGD.) REYNATO S. PUNO

Associate Justice

(SGD.) JOSE C. VITUG

Associate Justice

(SGD.) ARTEMIO V. PANGANIBAN

Associate Justice

(SGD.) LEONARDO A. QUISUMBING

Associate Justice

(SGD.) CONSUELO YNARES-SANTIAGO

GUTIERREZ

Associate Justice

Associate Justice

(SGD.) ANTONIO T. CARPIO

Associate Justice

(SGD.) MA. ALICIA AUSTRIA-MARTINEZ

Associate Justice

(SGD.) RENATO C. CORONA

Associate Justice

(SGD.) CONCHITA CARPIO-MORALES

Associate Justice

(SGD.) ROMEO J. CALLEJO, SR.

Associate Justice

(SGD.) ANGELINA SANDOVAL-

Associate Justice

(SGD.) ADOLFO S. AZCUNA

(SGD) DANTE O. TINGA

Associate Justice