Republic of the Philippines 

 
Supreme Court  
Manila  
    
EN BANC 
   
A.M. No. 02-8-13-SC 
2004 Rules on Notarial Practice 
     
   
RESOLUTION
Acting on the compliance dated 05 July 2004 and on the proposed
Rules on Notarial Practice of 2004 submitted by the Sub-Committee for
the Study, Drafting and Formulation of the Rules Governing the
Appointment of Notaries Public and the Performance and Exercise of
Their Official Functions, of the Committees on Revision of the Rules of
Court and on Legal Education and Bar Matters, the Court Resolved to
APPROVE the proposed Rules on Notarial Practice of 2004, with
modifications, thus:
chanroblesvirtuallawlibrary

2004 RULES ON NOTARIAL PRACTICE

RULE I 
IMPLEMENTATION

SECTION 1. Title. - These Rules shall be known as the 2004 Rules on

Notarial Practice.
SEC. 2. Purposes. - These Rules shall be applied and construed to
advance the following purposes: chanroblesvirtuallawlibrary

(a) to promote, serve, and protect public interest; chan robles virtual law library 
(b) to simplify, clarify, and modernize the rules governing notaries
public; and 
(c) to foster ethical conduct among notaries public. chan robles virtual law library
SEC. 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: chanroblesvirtuallawlibrary

(a)  appears in person before the notary public and presents an

integrally complete instrument or document; 

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

by the notary public through competent evidence of identity as defined
by these Rules; and - 

(c)  represents to the notary public that the signature on the

instrument or document was voluntarily affixed by him for the
purposes stated in the instrument or document, declares that he has
executed the instrument or document as his free and voluntary act and
deed, and, if he acts in a particular representative capacity, that he has
the authority to sign in that capacity.

SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath”

refers to an act in which an individual on a single occasion: chan robles virtual
law library
(a) appears in person before the notary public; chan robles virtual law
library 

(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 chan robles virtual law library 
(c)  avows under penalty of law to the whole truth of the
contents of the instrument or document.

SEC. 3. Commission. - “Commission” refers to the grant of authority

to perform notarial acts and to the written evidence of the authority.

SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial

act in which a notary public: chanroblesvirtuallawlibrary

(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.

SEC. 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. chan
robles virtual law library

SEC. 6. Jurat. -  “Jurat” refers to an act in which an individual on a

single occasion: chanroblesvirtuallawlibrary

(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; chan robles virtual law library 
(c)  signs the instrument or document in the presence of the notary;
and 
(d) takes an oath or affirmation before the notary public as to such
instrument or document.

SEC. 7. Notarial Act and Notarization. -  “Notarial Act” and

“Notarization” refer to any act that a notary public is empowered to
perform under these Rules.

SEC. 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.

SEC. 9. Notary Public and Notary. -  “Notary Public” and “Notary”

refer to any person commissioned to perform official acts under these
Rules. cralaw

SEC. 10. Principal. -  “Principal” refers to a person appearing before

the notary public whose act is the subject of notarization. 

SEC. 11. Regular Place of Work or Business. - The term “regular

place of work or business” refers to a stationary office in the city or
province wherein the notary public renders legal and notarial services. 

SEC. 12. Competent Evidence of Identity. - The phrase “competent

evidence of identity” refers to the identification of an individual based
on:chanroblesvirtuallawlibrary

(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.
SEC. 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.

SEC. 14. Signature Witnessing. - The term “signature witnessing”

refers to a notarial act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an

instrument or document;
(b) is personally known to the notary public or identified by the
notary public through competent evidence of identity as
defined by these Rules; and  
(c) signs the instrument or document in the presence of the
notary public.

SEC. 15. Court. - “Court” refers to the Supreme Court of the

Philippines.
SEC. 16. Petitioner. - “Petitioner” refers to a person who applies for a
notarial commission. cralaw

SEC. 17. Office of the Court Administrator. - “Office of the Court

Administrator” refers to the Office of the Court Administrator of the
Supreme Court. cralaw

SEC. 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. cralaw

SEC. 19. Vendor. -  “Vendor” under these Rules refers to a seller of a

notarial seal and shall include a wholesaler or retailer. 
SEC. 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 qualified person who submits a petition in
accordance with these Rules. chan robles virtual law library
To be eligible for commissioning as notary public, the petitioner: chanroblesvirtuallawlibrary

(1)  must be a citizen of the Philippines; chan robles virtual law library 

(2)  must be over twenty-one (21) years of age; chan robles virtual law library 
(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; chan robles virtual law library 
(4) must be a member of the Philippine Bar in good standing with
clearances from the Office of the Bar Confidant of the Supreme Court
and the Integrated Bar of the Philippines; and 
(5)  must not have been convicted in the first instance of any crime
involving moral turpitude.
SEC. 2. Form of the Petition and Supporting Documents. - Every
petition for a notarial commission shall be in writing, verified, and shall
include the following: chanroblesvirtuallawlibrary

(a)  a statement containing the petitioner's personal qualifications,

including the petitioner's date of birth, residence, telephone number,
professional tax receipt, roll of attorney's number and IBP membership
number;  
     
(b)  certification of good moral character of the petitioner by at least
two (2) executive officers of the local chapter of the Integrated Bar of
the Philippines where he is applying for commission; 
      
(c)  proof of payment for the filing of the petition as required by these
Rules; and 
     
(d)  three (3) passport-size color photographs with light background
taken within thirty (30) days of the application. The photograph should
not be retouched. The petitioner shall sign his name at the bottom part
of the photographs.
SEC. 3. Application Fee. - Every petitioner for a notarial commission
shall pay the application fee as prescribed in the Rules of Court. chan robles
virtual law library
SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall
conduct a summary hearing on the petition and shall grant the same
if:chanroblesvirtuallawlibrary

(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. chan robles virtual law library
SEC. 5. Notice of Summary Hearing. - 
(a)  The notice of summary hearing shall be published in a newspaper
of general circulation in the city or province where the hearing shall be
conducted and posted in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court. The cost of the publication
shall be borne by the petitioner. The notice may include more than one
petitioner. 
       
(b)  The notice shall be substantially in the following form: chanroblesvirtuallawlibrary

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.  chan robles virtual law library
chanrobles virtual law library

_____________________ 
Executive Judge

SEC. 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. chan robles virtual law library

SEC. 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: ch

anroblesvirtuallawlibrary

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) chan robles virtual law library
________________________ 
Executive Judge
SEC. 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. cralaw
SEC. 9.  Form of Certificate of Authorization to Purchase a Notarial
Seal. - The Certificate of Authorization to Purchase a Notarial Seal shall
substantially be in the following form:   chanroblesvirtuallawlibrary

 
REPUBLIC OF THE PHILIPPINES 
REGIONAL TRIAL COURT OF_____________ chan robles virtual law library
CERTIFICATE OF AUTHORIZATION 
TO PURCHASE A NOTARIAL SEAL chan robles virtual law library
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.  chan chanrobles virtual law library

robles virtual law library

Issued this (day) of (month) (year).
________________________ 
Executive Judge 
 
SEC. 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.
SEC. 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. chan robles virtual law library
SEC. 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. chan robles
virtual law library
SEC. 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. cralaw

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

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. chan robles virtual law library
SEC. 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.cralaw

RULE IV 
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
SECTION 1. Powers. - (a) A notary public is empowered to perform the
following notarial acts: chanroblesvirtuallawlibrary

(1) acknowledgments; 
(2) oaths and affirmations; 
(3) jurats; chan robles virtual law library 
(4) signature witnessings; 
(5) copy certifications; and 
(6) any other act authorized by these Rules.
(b) A notary public is authorized to certify the affixing of a signature by
thumb or other mark on an instrument or document presented for
notarization if: chanroblesvirtuallawlibrary

(1)  the thumb or other mark is affixed in the presence of the notary
public and of two (2) disinterested and unaffected witnesses to the
instrument or document; 
(2)  both witnesses sign their own names in addition to the thumb or
other mark; 
(3)  the notary public writes below the thumb or other mark: "Thumb
or Other Mark affixed by (name of signatory by mark) in the presence
of (names and addresses of witnesses) and undersigned notary public";
and chan robles virtual law library 
(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: chanroblesvirtuallawlibrary

(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 affixed in the presence of two
disinterested and unaffected witnesses to the instrument or document; 
(3)  both witnesses sign their own names ; 
(4)  the notary public writes below his signature: “Signature affixed by
notary in presence of (names and addresses of person and two [2]
witnesses)”; and 
(5) the notary public notarizes his signature by acknowledgment or
jurat.
SEC. 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: chan robles virtual law library
(1)  public offices, convention halls, and similar places where oaths of
office may be administered; 
(2)  public function areas in hotels and similar places for the signing of
instruments or documents requiring notarization; 
(3)  hospitals and other medical institutions where a party to an
instrument or document is confined for treatment; and 
(4)  any place where a party to an instrument or document requiring
notarization is under detention.
(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.chan robles virtual law library
SEC. 3. Disqualifications. - A notary public is disqualified from
performing a notarial act if he:
chanroblesvirtuallawlibrary

(a)  is a party to the instrument or document that is to be

notarized; chan robles virtual law library 
(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. chan robles virtual law library
SEC. 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:chanroblesvirtuallawlibrary

(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.
SEC. 5. False or Incomplete Certificate. - A notary public shall not: chan
robles virtual law library
(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.chan robles virtual law library
SEC. 6. Improper Instruments or Documents. - A notary public shall
not notarize: chanroblesvirtuallawlibrary

(a) a blank or incomplete instrument or document; or chan robles virtual law

library 

(b) an instrument or document without appropriate notarial

certification.
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. 
chan robles virtual law library 

SEC. 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. cralaw

SEC. 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. cralaw

SEC. 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. chan robles virtual law library
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. cralaw

SEC. 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. chan robles virtual law library
A notary public shall post in a conspicuous place in his office a
complete schedule of chargeable notarial fees. cralaw

RULE VI 
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. - (a) A notary public shall keep,
maintain, protect and provide for lawful inspection as provided in these
Rules, a chronological official notarial register of notarial acts consisting
of a permanently bound book with numbered pages. chan robles virtual law library
The register shall be kept in books to be furnished by the Solicitor
General to any notary public upon request and upon payment of the
cost thereof. The register shall be duly paged, and on the first page,
the Solicitor General shall certify the number of pages of which the
book consists. cralaw

For purposes of this provision, a Memorandum of Agreement or

Understanding may be entered into by the Office of the Solicitor
General and the Office of the Court Administrator. chan robles virtual law library
(b) A notary public shall keep only one active notarial register at any
given time. cralaw

SEC. 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: chan robles virtual law library
(1) the entry number and page number; chan robles virtual law library 
(2) the date and time of day of the notarial act; 
(3) the type of notarial act; chan robles virtual law library 
(4) the title or description of the instrument, document or proceeding; 
(5) the name and address of each principal; chan robles virtual law library 
(6) the competent evidence of identity as defined by these Rules if the
signatory is not  
personally known to the notary; chan robles virtual law library 
(7) the name and address of each credible witness swearing to or
affirming the person's identity; 
(8) the fee charged for the notarial act; 
(9) the address where the notarization was performed if not in the
notary's regular place of work or business; and 
(10)  any other circumstance the notary public may deem of
significance or relevance.
(b) A notary public shall record in the notarial register the reasons and
circumstances for not completing a notarial act.
(c) A notary public shall record in the notarial register the
circumstances of any request to inspect or copy an entry in the notarial
register, including the requester's name, address, signature,
thumbmark or other recognized identifier, and evidence of identity. The
reasons for refusal to allow inspection or copying of a journal entry
shall also be recorded. cralaw

(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.cralaw

(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. cralaw

(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. cralaw

(g) At the end of each week, the notary public shall certify in his
notarial register the number of instruments or documents executed,
sworn to, acknowledged, or protested before him; or if none, this
certificate shall show this fact. cralaw

(h) A certified copy of each month's entries and a duplicate original

copy of any instrument acknowledged before the notary public shall,
within the first ten (10) days of the month following, be forwarded to
the Clerk of Court and shall be under the responsibility of such officer.
If there is no entry to certify for the month, the notary shall forward a
statement to this effect in lieu of certified copies herein required. cralaw

SEC. 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: chanroblesvirtuallawlibrary

(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.
SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's
presence, any person may inspect an entry in the notarial register,
during regular business hours, provided;
(1) the person's identity is personally known to the notary public or
proven through competent evidence of identity as defined in these
Rules; 
(2) the person affixes a signature and thumb or other mark or other
recognized identifier, in the notarial register in a separate, dated
entry; 
(3) the person specifies the month, year, type of instrument or
document, and name of the principal in the notarial act or acts sought;
and 
(4) the person is shown only the entry or entries specified by him.
(b) The notarial register may be examined by a law enforcement officer
in the course of an official investigation or by virtue of a court order.
(c) If the notary public has a reasonable ground to believe that a
person has a criminal intent or wrongful motive in requesting
information from the notarial register, the notary shall deny access to
any entry or entries therein. cralaw

SEC. 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. cralaw

(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. cralaw

SEC. 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. cralaw

RULE VII 
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. – In notarizing a paper instrument or
document, a notary public shall: chanroblesvirtuallawlibrary

(a) sign by hand on the notarial certificate only the name indicated and
as appearing on the notary's commission; chan robles virtual law library 
(b) not sign using a facsimile stamp or printing device; and 
(c) affix his official signature only at the time the notarial act is
performed.
SEC. 2. Official Seal. - (a) Every person commissioned as notary public
shall have a seal of office, to be procured at his own expense, which
shall not be possessed or owned by any other person. It shall be of
metal, circular in shape, two inches in diameter, and shall have the
name of the city or province and the word “Philippines” and his own
name on the margin and the roll of attorney's number on the face
thereof, with the words "notary public" across the center. A mark,
image or impression of such seal shall be made directly on the paper or
parchment on which the writing appears.
(b) The official seal shall be affixed only at the time the notarial act is
performed and shall be clearly impressed by the notary public on every
page of the instrument or document notarized. chan robles virtual law library
(c) When not in use, the official seal shall be kept safe and secure and
shall be accessible only to the notary public or the person duly
authorized by him. chan robles virtual law library
(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.
cralaw

(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.cralaw

SEC. 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. cralaw

SEC. 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. cralaw

(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 PhP 4,000 for the vendor and PhP
8,000 for the manufacturer. If a manufacturer is also a vendor, he shall
only pay the manufacturer's authorization fee. cralaw

(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. cralaw

(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. cralaw

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

(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. cralaw

(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. cralaw

RULE VIII 
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. - The notarial form used for
any notarial instrument or document shall conform to all the requisites
prescribed herein, the Rules of Court and all other provisions of
issuances by the Supreme Court and in applicable laws. chan robles virtual law
library
SEC. 2. Contents of the Concluding Part of the Notarial Certificate. –
The notarial certificate shall include the following: chanroblesvirtuallawlibrary

(a) the name of the notary public as exactly indicated in the

commission; 
(b) the serial number of the commission of the notary public; 
(c) the words "Notary Public" and the province or city where the notary
public is commissioned, the expiration date of the commission, the
office address of the notary public; and 
(d) the roll of attorney's number, the professional tax receipt number
and the place and date of issuance thereof, and the IBP membership
number.
RULE IX 
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of
authority evidencing the authenticity of the official seal and signature
of a notary public shall be issued by the Executive Judge upon request
in substantially the following form: chan robles virtual law library
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. chan robles virtual law library
chanrobles virtual law library

IN WITNESS WHEREOF, I have affixed below my signature and

seal of this office this (date) day of (month) (year).  chan robles chanrobles virtual law library

virtual law library 

_________________ 
     (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: chanroblesvirtuallawlibrary

(a) he receives from the Executive Judge a confirmation of the new

name of the notary public and/or change of regular place of work or
business; and 
     
(b) a new seal bearing the new name has been obtained.
The foregoing notwithstanding, until the aforementioned steps have
been completed, the notary public may continue to use the former
name or regular place of work or business in performing notarial acts
for three (3) months from the date of the change, which may be
extended once for valid and just cause by the Executive Judge for
another period not exceeding three (3) months.
SEC. 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. cralaw

SEC. 3. Publication of Resignation. - The Executive Judge shall

immediately order the Clerk of Court to post in a conspicuous place in
the offices of the Executive Judge and of the Clerk of Court the names
of notaries public who have resigned their notarial commissions and
the effective dates of their resignation.cralaw

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. chan robles virtual law
library
(b) In addition, the Executive Judge may revoke the commission of, or
impose appropriate administrative sanctions upon, any notary public
who: chanroblesvirtuallawlibrary

(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 affix to acknowledgments the date of expiration of his
commission; 
(5) fails to submit his notarial register, when filled, to the Executive
Judge; 
(6) fails to make his report, within a reasonable time, to the Executive
Judge concerning the performance of his duties, as may be required by
the judge; 
(7) fails to require the presence of a principal at the time of the notarial
act; 
(8) fails to identify a principal on the basis of personal knowledge or
competent evidence; 
(9) executes a false or incomplete certificate under Section 5, Rule IV; 
(10)  knowingly performs or fails to perform any other act prohibited or
mandated by these Rules; and 
(11)  commits any other dereliction or act which in the judgment of the
Executive Judge constitutes good cause for revocation of commission or
imposition of administrative sanction.
(c) Upon verified complaint by an interested, affected or aggrieved
person, the notary public shall be required to file a verified answer to
the complaint.  If the answer of the notary public is not satisfactory,
the Executive Judge shall conduct a summary hearing. If the
allegations of the complaint are not proven, the complaint shall be
dismissed. If the charges are duly 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.
(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). cralaw

SEC. 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. chan robles virtual law library
SEC. 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. cralaw

SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling

the obligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the
Executive Judge, upon being notified of such death, shall forthwith
cause compliance with the provisions of these sections. chan robles virtual law
library
RULE XII 
SPECIAL PROVISIONS
SECTION 1. Punishable Acts. - The Executive Judge shall cause the
prosecution of any person who: chanroblesvirtuallawlibrary

(a) knowingly acts or otherwise impersonates a notary public; chan robles

virtual law library 

(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial

register, or official records of a notary public; and 
(c) knowingly solicits, coerces, or in any way influences a notary public
to commit official misconduct.
SEC 2. Reports to the Supreme Court. - The Executive Judge concerned
shall submit semestral reports to the Supreme Court on discipline and
prosecution of notaries public.
RULE XIII 
REPEALING AND EFFECTIVITY PROVISIONS
SECTION 1. Repeal. - All rules and parts of rules, including issuances of
the Supreme Court inconsistent herewith, are hereby repealed or
accordingly modified. chan robles virtual law library
SEC. 2. Effective Date. - These Rules shall take effect on the first day
of August 2004, and shall be published in a newspaper of general
circulation in the Philippines which provides sufficiently wide circulation.
Promulgated this 6th day of July, 2004. chan robles virtual law library
Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-
 Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona,
Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ. cralaw

chan robles virtual law library

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