Rules on Notarial Practice

Qualifications
• must be a citizen of the Philippines;
• must be over twenty-one (21) years of age;
• 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 tile 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.
Contents of the Petition
• Statement containing:
• Personal qualifications
• Residence
• Contact number
• PTR
• Roll of Attorney’s number
• IBP membership number
Contents of the Petition
• Certification of good moral character of the petitioner by at least two
executive officers of the local chapter of the Integrated Bar of the
Philippines where he is applying for commission;
• Proof of payment for the filing of the petition
• three passport size color photographs taken within 30 days of the
application. The petitioner shall sign his name at the bottom part of
the photographs.
Requirement of Publication
• SEC. 5. Notice of Summary Hearing. - 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.
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.
Renewal
• 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.
Renewal
• 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.
Powers of a Notary Public
• (a) A notary public is empowered to perform the following notarial
acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessing;
(5) copy certifications; and
(6) any other act authorized by these Rules.
Powers of a Notary Public
• (b) A notary public is authorized to certify the affixing of a signature
by thumb or other mark on an instrument or document presented for
notarization if:
(1) the thumb or other mark is affixed in the presence of the
notary public and of two (2) disinterested and unaffected witnesses to
the instrument or document;
(2) both witnesses sign their own names in addition to the
thumb or other mark;
Powers of a Notary Public
• (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:
(3) the notary public writes below the thumb or other mark:
"Thumb or Other Mark affixed by (name of signatory by mark) in the
presence of (names and addresses of witnesses) and undersigned
notary public"; and
(4) the notary public notarizes the signature by thumb or other
mark through an acknowledgment, jurat, or signature witnessing.
Powers of a Notary Public
• (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 affixed in the presence of
two disinterested and unaffected witnesses to the instrument or
document;
(3) both witnesses sign their own names ;
Powers of a Notary Public
• (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:
(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.
Definitions
"Acknowledgment" refers to an act in which an individual on a single
occasion:
(a) appears in person before the notary public and presents an integrally
complete instrument or document;
(b) is attested to be personally known to the notary public or identified by
the notary public through competent evidence of identity as defined by
these Rules; and
(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.
Sample
• Principal personally known to the Notary Public:

“BEFORE ME, a Notary Public in and for the City of _____, this ___ day of
_______, 20___, personally appeared JUAN DELA CRUZ, personally known to
me to be the person who voluntarily executed the foregoing (document)
which he acknowledged before me as his free and voluntary act and deed
that of (name of principal [if agent signs]) whom he represents as his/its
(Attorney-in fact/president/chairman/etc.) with full authority to sign in that
capacity.

WITNESS MY HAND AND SEAL, this ___ day of _____, 20__, in the City of
____.”
Sample
• Principal with valid ID:

“BEFORE ME, a Notary Public in and for the City of _____, this ___ day of
_______, 20___, personally appeared JUAN DELA CRUZ, who has
satisfactorily proven to me his identity through his [ID No. XXXXXXX valid
until {DATE}, that he is the same person who executed and voluntarily signed
the foregoing (document) which he acknowledged before me as his free and
voluntary act and deed that of (name of principal [if agent signs]) whom he
represents as his/its (Attorney-in fact/president/chairman/etc.) with full
authority to sign in that capacity.

WITNESS MY HAND AND SEAL, this ___ day of _____, 20__, in the City of
____.”
Sample
• Principal not known to the Notary Public and with no valid ID:
• Principal will be identified by one credible witness
• The witness is known personally by the Notary Public;
• The witness known personally the principal;
• The witness is not privy to the instrument or transaction; and
• Oath or affirmation of the witness
Sample
• Principal not known to the Notary Public and with no valid ID; one credible witness:

“BEFORE ME, a Notary Public in and for the City of _____, this ___ day of _______, 20___,
personally appeared JUAN DELA CRUZ, who has satisfactorily proven to me his identity through
[name of witness], who is personally known to me who personally knows the principal, that he is
the same person who executed and voluntarily signed the foregoing (document) which he
acknowledged before me as his free and voluntary act and deed that of (name of principal [if agent
signs]) whom he represents as his/its (Attorney-in fact/president/chairman/etc.) with full authority
to sign in that capacity.

WITNESS MY HAND AND SEAL, this ___ day of _____, 20__, in the City of ____.”

Add:

Oath or affirmation of the witness

Sample
• Oath or affirmation of the witness:

“I, [name of witness], of legal age, Filipino, married, [residence], affirm under the penalty of law that the following statements are true:
1. That Juan dela Cruz, the principal making the acknowledgment is the same person named in the {document};
2. That Juan dela Cruz is personally known to the undersigned witnesses;
3. That Juan dela Cruz does not possess a current identification document issued by an official agency as "required in Sec. 12(a), Rule II of the 2004 Rules on Notarial Practice;
4. That it is the reasonable belief of the undersigned witness that due to Juan dela Cruz’s circumstances {name the circumstances} it would be very difficult or impossible for him to
obtain the required official identification document;
5. That the undersigned witness is not privy to the [document]; and
6. That the undersigned witness has presented their respective valid identification documents issued by an official agency, to wit:
[name] with Driver’s License No._____Valid Until___
In witness whereof, we have hereunto affixed our signatures this ____ day of _______, 20__, in the City of _______, Philippines

Witness (signature)

I hereby certify that I have personally examined the abovenamed witness and he avowed under the penalty of law to the whole truth of the contents of the oath they executed.
Subscribed and sworn to before me…”
Sample
• Principal not known to the Notary Public and with no valid ID:
• Principal will be identified by two witnesses
• The witnesses each personally knows the principal;
• Both witnesses show to the Notary Public their documentary identification;
• Both witnesses are not privy to the instrument or transaction; and
• Oath or affirmation of the witnesses
Sample
• Principal not known to the Notary Public and with no valid ID; Identified by two witnesses:

“BEFORE ME, a Notary Public in and for the City of _____, this ___ day of _______, 20___, personally appeared JUAN DELA CRUZ,
who has satisfactorily proven to me his identity through:
[name of witness] with [ID No. valid until {date}]
[name of witness] with [ID No. valid until {date}]
both of whom personally know the principal, that he is the same person who executed and voluntarily signed the foregoing
(document) which he acknowledged before me as his free and voluntary act and deed that of (name of principal [if agent signs])
whom he represents as his/its (Attorney-in fact/president/chairman/etc.) with full authority to sign in that capacity.

WITNESS MY HAND AND SEAL, this ___ day of _____, 20__, in the City of ____.”

Add:

Oath or affirmation of the witness

Definitions
• "Jurat’ refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an
instrument or document;
(b) is personally known to the notary public or identified by the notary
public through competent evidence of identity as defined by these
Rules;
(c) signs the instrument or document in the presence of the notary;
and
(d) takes an oath or affirmation before the notary public as to such
instrument or document.
Sample
• Affiant personally known to the Notary Public

“SUBSCRIBED AND SWORN to before me in the City of _____ this ___

day of _______, 20__, by [name of affiant], personally known to me,
who is the same person who personally signed before me the foregoing
affidavit and acknowledged that he executed the same.”
Sample
• Affiant with valid ID

“SUBSCRIBED AND SWORN to before me in the City of _____ this ___

day of _______, 20__, by [name of affiant], who has satisfactorily
proven his identity to me through his [ID No. valid until {date}],that he
is the same person who personally signed before me the foregoing
affidavit and acknowledged that he executed the same.”
Sample
• Affiant not known and without valid ID (same requirements in
acknowledgement); identified by one credible witness

“SUBSCRIBED AND SWORN to before me in the City of _____ this ___ day of
_______, 20__, by [name of affiant], who has satisfactorily proven his identity to
me through [name of witness], who is personally known to me and who personally
knows the affiant, that he is the same person who personally signed before me the
foregoing affidavit and acknowledged that he executed the same.

Add

Oath or affirmation of the witness”

Sample
• Affiant not known and without valid ID (same requirements in acknowledgement);
identified by two witnesses

“SUBSCRIBED AND SWORN to before me in the City of _____ this ___ day of _______,
20__, by [name of affiant], who has satisfactorily proven his identity to me through:
[name of witness] with [ID No. valid until {date}]
[name of witness] with [ID No. valid until {date}]
who is personally know the affiant, to be the same person who personally signed before
me the foregoing affidavit and acknowledged that he executed the same.

Add

Oath or affirmation of the witness”

Definitions
The phrase "competent evidence of identity" refers to the identification
of an individual based on:
(a) at least one current identification document issued by an official
agency bearing the photograph and signature of the individual; or
(b) the oath or affirmation of one credible witness not privy to the
instrument, document or transaction who is personally known to the
notary public and who personally knows the individual, or of two
credible witnesses neither of whom is privy to the instrument,
document or transaction who each personally knows the individual and
shows to the notary public documentary identification.
Prohibitions
• (a) A notary public shall not perform a notarial act outside his regular place of
work or business.

• Exceptions: a notarial act may be performed at the request of the parties in the following
sites located within his territorial jurisdiction:
(1) public offices, convention halls, and similar places where oaths of office
may be administered;
(2) public function areas in hotels and similar places for the signing of
instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument
or document is confined for treatment; and
(4) any place where a party to an instrument or document requiring
notarization is under detention.
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.
Disqualifications (notarial act)
• 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.
Refusal to Notarize
• 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 (notarial
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.
Improper Instruments or Documents
• notary public shall not notarize:
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate notarial
certification .
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.

• (b) A notary public shall keep only one active notarial register at any
given time.
Notarial Register
• (a) Entries in the Notarial Register:
(1) the entry number and page number;
(2) the date and time of day of the notarial act;
(3) the type of notarial act;
(4) the title or description of the instrument, document or proceeding;
(5) the name and address of each principal;
(6) the competent evidence of identity as defined by these Rules if the signatory is not personally
known to the notary;
(7) the name and address of each credible witness swearing to or affirming the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if not in the notary's regular place of work or
business; and
(10) any other circumstance the notary public may deem of significance or relevance.
Notarial Register
• (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.
Notarial Register
• (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.
Notarial Register
• (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.
Notarial Register
• (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.
Notarial Register
• (g) At the end of each week; the notary public shall certify in his
notarial register the number of instruments or documents executed,
sworn to, acknowledged, or protested before him; or if none, this
certificate shall show this fact.
• (h) A certified copy of each month's entries and a duplicate original
copy of any instrument acknowledged before the notary public shall,
within the first ten (10) days of the month following, be forwarded to
the Clerk of Court and shall be under the responsibility of such officer.
If there is no entry to certify for the month, the notary shall forward a
statement to this effect in lieu of certified copies herein required.
Notarial Register
• 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.
Notarial Register
• (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.
Signature and Seal of Notary Public
• Official Signature. - In notarizing a paper instrument or document, a
notary public shall:
(a) sign by hand on the notarial certificate only the name
indicated and as appearing on the notary's commission;
(b) not sign using a facsimile stamp or printing device; and
(c) affix his official signature only at the time the notarial act is
performed.
Signature and Seal of Notary Public
• 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.
Signature and Seal of Notary Public
• (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.

• (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.
Signature and Seal of Notary Public
• 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.
Notarial Certificates
• Contents of the Concluding Part of the Notarial Certificate. – The notarial
certificate shall include the following:
(a) the name of the notary public as exactly indicated in the commission;
(b) the serial number of the commission of the notary public;
(c) the words "Notary Public" and the province or city where the notary
public is commissioned, the expiration date of the commission, the office
address of the notary public; and
(d) the roll of attorney's number, the professional tax receipt number and the
place and date of issuance thereof, and the IBP membership number.
Changes of Status of Notary Public
• 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.
Changes of Status of Notary Public
• The notary public shall not notarize until:
(a) he receives from the Executive Judge a confirmation of the new
name of the notary public and/or change of regular place of work or
business; and
(b) a new seal bearing the new name has been obtained.

The foregoing notwithstanding, until the aforementioned steps have

been completed, the notary public may continue to use the former name or
regular place of work or business in performing notarial acts for three (3)
months from the date of the change, which may be extended once for valid
and just cause by the Executive Judge for another period not exceeding three
(3) months.
Revocation of Commission and Disciplinary
Actions
• 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.
Revocation of Commission and Disciplinary
Actions
• (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 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;
Revocation of Commission and Disciplinary
Actions
• (b) In addition, the Executive Judge may revoke the commission of, or
impose appropriate administrative sanctions upon, any notary public who:
(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.
Revocation of Commission and Disciplinary
Actions
• (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.
Revocation of Commission and Disciplinary
Actions
• (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).