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2004 Rules On Notarial Practice

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The key takeaways are that the document outlines the rules and regulations for notarial practice in the Philippines, including definitions, duties of notaries public, and grounds for sanctions.

The main duties and responsibilities of a notary public include keeping a notarial register, properly notarizing documents, submitting records to the executive judge, and identifying principals based on personal knowledge or evidence.

The grounds for revoking a notary public's commission include failing to keep proper records, providing false certificates, committing prohibited acts, and dereliction of duties as outlined in the rules.

A.M. No.

02-8-13-SC deed, and, if he acts in a particular


2004 Rules on Notarial Practice representative capacity, that he has the
authority to sign in that capacity.
RULE I: IMPLEMENTATION
SEC. 2. Affirmation or Oath. - The term
SECTION 1. Title. - These Rules shall be known as
“Affirmation” or “Oath” refers to an act in which an
the 2004 Rules on Notarial Practice.
individual on a single occasion:
SEC. 2. Purposes. - These Rules shall be applied
a) appears in person before the notary public;
and construed to advance the following purposes:
b) is personally known to the notary public or
a) to promote, serve, and protect public interest;
identified by the notary public through
b) to simplify, clarify, and modernize the rules
competent evidence of identity as defined by
governing notaries public; and
these Rules; and
c) to foster ethical conduct among notaries
c) avows under penalty of law to the whole truth
public.
of the contents of the instrument or document.
SEC. 3. Interpretation. - Unless the context of
SEC. 3. Commission. - “Commission” refers to the
these Rules otherwise indicates, words in the
grant of authority to perform notarial acts and to
singular include the plural, and words in the plural
the written evidence of the authority.
include the singular.
SEC. 4. Copy Certification. - “Copy Certification”
refers to a notarial act in which a notary public:
RULE II: DEFINITIONS
a) is presented with an instrument or document
SECTION 1. Acknowledgment. - “Acknowledgment”
that is neither a vital record, a public record,
refers to an act in which an individual on a single
nor publicly recordable;
occasion:
b) copies or supervises the copying of the
a) appears in person before the notary public and
instrument or document;
presents an integrally complete instrument or
c) compares the instrument or document with the
document;
copy; and
b) is attested to be personally known to the
d) determines that the copy is accurate and
notary public or identified by the notary public
complete.
through competent evidence of identity as
SEC. 5. Notarial Register. - “Notarial Register”
defined by these Rules; and -
refers to a permanently bound book with numbered
c) represents to the notary public that the
pages containing a chronological record of notarial
signature on the instrument or document was
acts performed by a notary public.
voluntarily affixed by him for the purposes
SEC. 6. Jurat. - “Jurat” refers to an act in which an
stated in the instrument or document, declares
individual on a single occasion:
that he has executed the instrument or
document as his free and voluntary act and
a) appears in person before the notary public and a) at least one current identification document
presents an instrument or document; issued by an official agency bearing the
b) is personally known to the notary public or photograph and signature of the individual; or
identified by the notary public through b) the oath or affirmation of one credible witness
competent evidence of identity as defined by not privy to the instrument, document or
these Rules; transaction who is personally known to the
c) signs the instrument or document in the notary public and who personally knows the
presence of the notary; and individual, or of two credible witnesses neither
d) takes an oath or affirmation before the notary of whom is privy to the instrument, document
public as to such instrument or document. or transaction who each personally knows the
individual and shows to the notary public
SEC. 7. Notarial Act and Notarization. - “Notarial
documentary identification.
Act” and “Notarization” refer to any act that a
notary public is empowered to perform under these SEC. 13. Official Seal or Seal. - “Official seal” or
Rules. “Seal” refers to a device for affixing a mark, image
SEC. 8. Notarial Certificate. - “Notarial Certificate” or impression on all papers officially signed by the
refers to the part of, or attachment to, a notarized notary public conforming the requisites prescribed
instrument or document that is completed by the by these Rules.
notary public, bears the notary's signature and SEC. 14. Signature Witnessing. - The term
seal, and states the facts attested to by the notary “signature witnessing” refers to a notarial act in
public in a particular notarization as provided for by which an individual on a single occasion:
these Rules.
a) appears in person before the notary public and
SEC. 9. Notary Public and Notary. - “Notary Public”
presents an instrument or document;
and “Notary” refer to any person commissioned to
b) is personally known to the notary public or
perform official acts under these Rules.
identified by the notary public through
SEC. 10. Principal. - “Principal” refers to a person
competent evidence of identity as defined by
appearing before the notary public whose act is the
these Rules; and
subject of notarization.
c) signs the instrument or document in the
SEC. 11. Regular Place of Work or Business. - The
presence of the notary public.
term “regular place of work or business” refers to a
SEC. 15. Court. - “Court” refers to the Supreme
stationary office in the city or province wherein the
Court of the Philippines.
notary public renders legal and notarial services.
SEC. 16. Petitioner. - “Petitioner” refers to a person
SEC. 12. Competent Evidence of Identity. - The
who applies for a notarial commission.
phrase “competent evidence of identity” refers to
SEC. 17. Office of the Court Administrator. - “Office
the identification of an individual based on:
of the Court Administrator” refers to the Office of
the Court Administrator of the Supreme Court.
SEC. 18. Executive Judge. - “Executive Judge” a) a statement containing the petitioner's
refers to the Executive Judge of the Regional Trial personal qualifications, including the
Court of a city or province who issues a notarial petitioner's date of birth, residence, telephone
commission. number, professional tax receipt, roll of
SEC. 19. Vendor. - “Vendor” under these Rules attorney's number and IBP membership
refers to a seller of a notarial seal and shall include number;
a wholesaler or retailer. b) certification of good moral character of the
SEC. 20. Manufacturer. - “Manufacturer” under petitioner by at least two (2) executive officers
these Rules refers to one who produces a notarial of the local chapter of the Integrated Bar of
seal and shall include an engraver and seal maker. the Philippines where he is applying for
commission;
RULE III: COMMISSIONING OF NOTARY c) proof of payment for the filing of the petition
PUBLIC as required by these Rules; and
SECTION 1. Qualifications. - A notarial commission d) three (3) passport-size color photographs with
may be issued by an Executive Judge to any light background taken within thirty (30) days
qualified person who submits a petition in of the application. The photograph should not
accordance with these Rules. To be eligible for be retouched. The petitioner shall sign his
commissioning as notary public, the petitioner: name at the bottom part of the photographs.

1) must be a citizen of the Philippines; SEC. 3. Application Fee. - Every petitioner for a
2) must be over twenty-one (21) years of age; notarial commission shall pay the application fee as
3) must be a resident in the Philippines for at prescribed in the Rules of Court.
least one (1) year and maintains a regular SEC. 4. Summary Hearing on the Petition. - The
place of work or business in the city or Executive Judge shall conduct a summary hearing
province where the commission is to be issued; on the petition and shall grant the same if:
4) must be a member of the Philippine Bar in
a) the petition is sufficient in form and substance;
good standing with clearances from the Office
b) the petitioner proves the allegations contained
of the Bar Confidant of the Supreme Court and
in the petition; and
the Integrated Bar of the Philippines; and
c) the petitioner establishes to the satisfaction of
5) must not have been convicted in the first
the Executive Judge that he has read and fully
instance of any crime involving moral
understood these Rules.
turpitude.
The Executive Judge shall forthwith issue a
SEC. 2. Form of the Petition and Supporting
commission and a Certificate of Authorization to
Documents. - Every petition for a notarial
Purchase a Notarial Seal in favor of the petitioner.
commission shall be in writing, verified, and shall
SEC. 5. Notice of Summary Hearing. -
include the following:
a) The notice of summary hearing shall be This is to certify that (name of notary public)
published in a newspaper of general circulation of (regular place of work or business) in (city
in the city or province where the hearing shall or province) was on this (date) day of
be conducted and posted in a conspicuous (month) two thousand and (year)
place in the offices of the Executive Judge and commissioned by the undersigned as a
of the Clerk of Court. The cost of the notary public, within and for the said
publication shall be borne by the petitioner. jurisdiction, for a term ending the thirty-first
The notice may include more than one day of December (year)
petitioner. ________________________
b) The notice shall be substantially in the Executive Judge
following form: SEC. 8. Period Of Validity of Certificate of
Authorization to Purchase a Notarial Seal. - The
NOTICE OF HEARING
Certificate of Authorization to Purchase a Notarial
Notice is hereby given that a summary
Seal shall be valid for a period of three (3) months
hearing on the petition for notarial
from date of issue, unless extended by the
commission of (name of petitioner) shall be
Executive Judge.
held on (date) at (place) at (time). Any
A mark, image or impression of the seal that may
person who has any cause or reason to
be purchased by the notary public pursuant to the
object to the grant of the petition may file a
Certificate shall be presented to the Executive
verified written opposition thereto, received
Judge for approval prior to use.
by the undersigned before the date of the
SEC. 9. Form of Certificate of Authorization to
summary hearing.
Purchase a Notarial Seal. - The Certificate of
_____________________
Authorization to Purchase a Notarial Seal shall
Executive Judge
substantially be in the following form:
SEC. 6. Opposition to Petition. - Any person who
REPUBLIC OF THE PHILIPPINES
has any cause or reason to object to the grant of
REGIONAL TRIAL COURT OF_____________
the petition may file a verified written opposition
CERTIFICATE OF AUTHORIZATION
thereto. The opposition must be received by the
TO PURCHASE A NOTARIAL SEAL
Executive Judge before the date of the summary
This is to authorize (name of notary public)
hearing.
of (city or province) who was commissioned
SEC. 7. Form of Notarial Commission. - The
by the undersigned as a notary public, within
commissioning of a notary public shall be in a
and for the said jurisdiction, for a term
formal order signed by the Executive Judge
ending, the thirty-first of December (year) to
substantially in the following form:
purchase a notarial seal.
REPUBLIC OF THE PHILIPPINES
Issued this (day) of (month) (year).
REGIONAL TRIAL COURT OF
________________________
______________
Executive Judge after he is issued a new commission in accordance
SEC. 10. Official Seal of Notary Public. - Every with these Rules.
person commissioned as notary public shall have SEC. 14. Action on Application for Renewal of
only one official seal of office in accordance with Commission. - The Executive Judge shall, upon
these Rules. payment of the application fee mentioned in
SEC. 11. Jurisdiction and Term. - A person Section 3 above of this Rule, act on an application
commissioned as notary public may perform for the renewal of a commission within thirty (30)
notarial acts in any place within the territorial days from receipt thereof. If the application is
jurisdiction of the commissioning court for a period denied, the Executive Judge shall state the reasons
of two (2) years commencing the first day of therefor.
January of the year in which the commissioning is
made, unless earlier revoked or the notary public RULE IV: POWERS AND LIMITATIONS OF
has resigned under these Rules and the Rules of NOTARIES PUBLIC
Court. SECTION 1. Powers. -
SEC. 12. Register of Notaries Public. - The
a) A notary public is empowered to perform the
Executive Judge shall keep and maintain a Register
following notarial acts:
of Notaries Public in his jurisdiction which shall
1) acknowledgments;
contain, among others, the dates of issuance or
2) oaths and affirmations;
revocation or suspension of notarial commissions,
3) jurats;
and the resignation or death of notaries public. The
4) signature witnessing;
Executive Judge shall furnish the Office of the
5) copy certifications; and
Court Administrator information and data recorded
6) Any other act authorized by these Rules.
in the register of notaries public. The Office of the
b) A notary public is authorized to certify the
Court Administrator shall keep a permanent,
affixing of a signature by thumb or other mark
complete and updated database of such records.
on an instrument or document presented for
SEC. 13. Renewal of Commission. - A notary public
notarization if:
may file a written application with the Executive
1) the thumb or other mark is affixed in the
Judge for the renewal of his commission within
presence of the notary public and of two (2)
forty-five (45) days before the expiration thereof. A
disinterested and unaffected witnesses to the
mark, image or impression of the seal of the notary
instrument or document;
public shall be attached to the application.
2) both witnesses sign their own names in
Failure to file said application will result in the
addition to the thumb or other mark;
deletion of the name of the notary public in the
3) the notary public writes below the thumb or
register of notaries public.
other mark: "Thumb or Other Mark affixed by
The notary public thus removed from the Register
(name of signatory by mark) in the presence of
of Notaries Public may only be reinstated therein
(names and addresses of witnesses) and 2) public function areas in hotels and similar
undersigned notary public"; places for the signing of instruments or
4) The notary public notarizes the signature by documents requiring notarization;
thumb or other mark through an 3) hospitals and other medical institutions where
acknowledgment, jurat, or signature a party to an instrument or document is
witnessing. confined for treatment; and
c) A notary public is authorized to sign on behalf 4) Any place where a party to an instrument or
of a person who is physically unable to sign or document requiring notarization is under
make a mark on an instrument or document if: detention.
1) the notary public is directed by the person b) A person shall not perform a notarial act if the
unable to sign or make a mark to sign on his person involved as signatory to the instrument
behalf; or document
2) the signature of the notary public is affixed in 1) is not in the notary's presence personally at
the presence of two disinterested and the time of the notarization; and
unaffected witnesses to the instrument or 2) Is not personally known to the notary public or
document; otherwise identified by the notary public
3) both witnesses sign their own names ; through competent evidence of identity as
4) the notary public writes below his signature: defined by these Rules.
“Signature affixed by notary in presence of
SEC. 3. Disqualifications. - A notary public is
(names and addresses of person and two [2]
disqualified from performing a notarial act if he:
witnesses)”; and
a) is a party to the instrument or document that
5) The notary public notarizes his signature by
is to be notarized;
acknowledgment or jurat.
b) will receive, as a direct or indirect result, any
SEC. 2. Prohibitions. –
commission, fee, advantage, right, title,
a) A notary public shall not perform a notarial act interest, cash, property, or other consideration,
outside his regular place of work or business; except as provided by these Rules and by law;
provided, however, that on certain exceptional or
occasions or situations, a notarial act may be c) Is a spouse, common-law partner, ancestor,
performed at the request of the parties in the descendant, or relative by affinity or
following sites located within his territorial consanguinity of the principal within the fourth
jurisdiction: civil degree.
1) public offices, convention halls, and similar
SEC. 4. Refusal to Notarize. - A notary public shall
places where oaths of office may be
not perform any notarial act described in these
administered;
Rules for any person requesting such an act even if
he tenders the appropriate fee specified by these notarial act if the notary public and the person
Rules if: requesting the notarial act agree prior to the travel.
SEC. 3. Prohibited Fees. – No fee or compensation
a) the notary knows or has good reason to
of any kind, except those expressly prescribed and
believe that the notarial act or transaction is
allowed herein, shall be collected or received for
unlawful or immoral;
any notarial service.
b) the signatory shows a demeanor which
SEC. 4. Payment or Refund of Fees. - A notary
engenders in the mind of the notary public
public shall not require payment of any fees
reasonable doubt as to the former's knowledge
specified herein prior to the performance of a
of the consequences of the transaction
notarial act unless otherwise agreed upon.
requiring a notarial act; and
Any travel fees and expenses paid to a notary
c) In the notary's judgment, the signatory is not
public prior to the performance of a notarial act are
acting of his or her own free will.
not subject to refund if the notary public had
SEC. 5. False or Incomplete Certificate. - A notary
already traveled but failed to complete in whole or
public shall not:
in part the notarial act for reasons beyond his
a) Execute a certificate containing information control and without negligence on his part.
known or believed by the notary to be false. SEC. 5. Notice of Fees. - A notary public who
b) Affix an official signature or seal on a notarial charges a fee for notarial services shall issue a
certificate that is incomplete. receipt registered with the Bureau of Internal

SEC. 6. Improper Instruments or Documents. - A Revenue and keep a journal of notarial fees. He

notary public shall not notarize: shall enter in the journal all fees charged for
services rendered.
a) a blank or incomplete instrument or document;
A notary public shall post in a conspicuous place in
b) An instrument or document without
his office a complete schedule of chargeable
appropriate notarial certification.
notarial fees.

RULE V: FEES OF NOTARY PUBLIC RULE VI: NOTARIAL REGISTER


SECTION 1. Imposition and Waiver of Fees. - For SECTION 1. Form of Notarial Register. –
performing a notarial act, a notary public may
a) A notary public shall keep, maintain, protect and
charge the maximum fee as prescribed by the
provide for lawful inspection as provided in
Supreme Court unless he waives the fee in whole
these Rules, a chronological official notarial
or in part.
register of notarial acts consisting of a
SEC. 2. Travel Fees and Expenses. - A notary public
permanently bound book with numbered pages.
may charge travel fees and expenses separate and
The register shall be kept in books to be
apart from the notarial fees prescribed in the
furnished by the Solicitor General to any notary
preceding section when traveling to perform a
public upon request and upon payment of the
cost thereof. The register shall be duly paged, c) A notary public shall record in the notarial
and on the first page, the Solicitor General shall register the circumstances of any request to
certify the number of pages of which the book inspect or copy an entry in the notarial register,
consists. including the requester's name, address,
b) For purposes of this provision, a Memorandum signature, thumb mark or other recognized
of Agreement or Understanding may be entered identifier, and evidence of identity. The reasons
into by the Office of the Solicitor General and for refusal to allow inspection or copying of a
the Office of the Court Administrator. journal entry shall also be recorded.
A notary public shall keep only one active d) When the instrument or document is a contract,
notarial register at any given time. the notary public shall keep an original copy
thereof as part of his records and enter in said
SEC. 2. Entries in the Notarial Register. –
records a brief description of the substance
a) For every notarial act, the notary shall record in
thereof and shall give to each entry a
the notarial register at the time of notarization
consecutive number, beginning with number one
the following:
in each calendar year. He shall also retain a
1) the entry number and page number;
duplicate original copy for the Clerk of Court.
2) the date and time of day of the notarial act;
e) The notary public shall give to each instrument
3) the type of notarial act;
or document executed, sworn to, or
4) the title or description of the instrument,
acknowledged before him a number
document or proceeding;
corresponding to the one in his register, and
5) the name and address of each principal;
shall also state on the instrument or document
6) the competent evidence of identity as defined
the page/s of his register on which the same is
by these Rules if the signatory is not
recorded. No blank line shall be left between
personally known to the notary;
entries.
7) the name and address of each credible witness
f) In case of a protest of any draft, bill of
swearing to or affirming the person's identity;
exchange or promissory note, the notary public
8) the fee charged for the notarial act;
shall make a full and true record of all
9) the address where the notarization was
proceedings in relation thereto and shall note
performed if not in the notary's regular place
therein whether the demand for the sum of
of work or business; and
money was made, by whom, when, and where;
10) Any other circumstance the notary public
whether he presented such draft, bill or note;
may deem of significance or relevance.
whether notices were given, to whom and in
b) A notary public shall record in the notarial
what manner; where the same was made, when
register the reasons and circumstances for not
and to whom and where directed; and of every
completing a notarial act.
other fact touching the same.
g) At the end of each week, the notary public shall 3) the person specifies the month, year, type of
certify in his notarial register the number of instrument or document, and name of the
instruments or documents executed, sworn to, principal in the notarial act or acts sought; and
acknowledged, or protested before him; or if 4) The person is shown only the entry or entries
none, this certificate shall show this fact. specified by him.
h) A certified copy of each month's entries and a b) The notarial register may be examined by a law
duplicate original copy of any instrument enforcement officer in the course of an official
acknowledged before the notary public shall, investigation or by virtue of a court order.
within the first ten (10) days of the month c) If the notary public has a reasonable ground to
following, be forwarded to the Clerk of Court believe that a person has a criminal intent or
and shall be under the responsibility of such wrongful motive in requesting information from
officer. If there is no entry to certify for the the notarial register, the notary shall deny
month, the notary shall forward a statement to access to any entry or entries therein.
this effect in lieu of certified copies herein
SEC. 5. Loss, Destruction or Damage of Notarial
required.
Register. –
SEC. 3. Signatures and Thumb marks. - At the time
a) In case the notarial register is stolen, lost,
of notarization, the notary's notarial register shall
destroyed, damaged, or otherwise rendered
be signed or a thumb or other mark affixed by
unusable or illegible as a record of notarial
each:
acts, the notary public shall, within ten (10)
a) principal; days after informing the appropriate law
b) credible witness swearing or affirming to the enforcement agency in the case of theft or
identity of a principal; and vandalism, notify the Executive Judge by any
c) Witness to a signature by thumb or other mark, means providing a proper receipt or
or to a signing by the notary public on behalf of acknowledgment, including registered mail and
a person physically unable to sign. also provide a copy or number of any pertinent
police report.
SEC. 4. Inspection, Copying and Disposal. –
b) Upon revocation or expiration of a notarial
a) In the notary's presence, any person may
commission, or death of the notary public, the
inspect an entry in the notarial register, during
notarial register and notarial records shall
regular business hours, provided;
immediately be delivered to the office of the
1) the person's identity is personally known to the
Executive Judge.
notary public or proven through competent
SEC. 6. Issuance of Certified True Copies. - The
evidence of identity as defined in these Rules;
notary public shall supply a certified true copy of
2) the person affixes a signature and thumb or
the notarial record, or any part thereof, to any
other mark or other recognized identifier, in
the notarial register in a separate, dated entry;
person applying for such copy upon payment of the c) When not in use, the official seal shall be kept
legal fees. safe and secure and shall be accessible only to
the notary public or the person duly authorized
by him.
d) Within five (5) days after the official seal of a
RULE VII: SIGNATURE AND SEAL OF NOTARY notary public is stolen, lost, damaged or other
PUBLIC otherwise rendered unserviceable in affixing a
SECTION 1. Official Signature. – In notarizing a legible image, the notary public, after informing
paper instrument or document, a notary public the appropriate law enforcement agency, shall
shall: notify the Executive Judge in writing, providing
proper receipt or acknowledgment, including
a) sign by hand on the notarial certificate only the
registered mail, and in the event of a crime
name indicated and as appearing on the notary's
committed, provide a copy or entry number of
commission;
the appropriate police record. Upon receipt of
b) not sign using a facsimile stamp or printing
such notice, if found in order by the Executive
device; and
Judge, the latter shall order the notary public to
c) Affix his official signature only at the time the
cause notice of such loss or damage to be
notarial act is performed.
published, once a week for three (3) consecutive
SEC. 2. Official Seal. –
weeks, in a newspaper of general circulation in
a) Every person commissioned as notary public the city or province where the notary public is
shall have a seal of office, to be procured at his commissioned. Thereafter, the Executive Judge
own expense, which shall not be possessed or shall issue to the notary public a new Certificate
owned by any other person. It shall be of metal, of Authorization to Purchase a Notarial Seal.
circular in shape, two inches in diameter, and e) Within five (5) days after the death or
shall have the name of the city or province and resignation of the notary public, or the
the word “Philippines” and his own name on the revocation or expiration of a notarial
margin and the roll of attorney's number on the commission, the official seal shall be
face thereof, with the words "notary public" surrendered to the Executive Judge and shall be
across the center. A mark, image or impression destroyed or defaced in public during office
of such seal shall be made directly on the paper hours. In the event that the missing, lost or
or parchment on which the writing appears. damaged seal is later found or surrendered, it
b) The official seal shall be affixed only at the time shall be delivered by the notary public to the
the notarial act is performed and shall be clearly Executive Judge to be disposed of in accordance
impressed by the notary public on every page of with this section. Failure to effect such surrender
the instrument or document notarized. 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 manufacturer a certified copy of the
to surrender it to the Executive Judge. Confirmation of the Change of Name issued by
the Executive Judge.
SEC. 3. Seal Image. - The notary public shall affix a
e) Only one seal may be sold by a vendor or
single, clear, legible, permanent, and
manufacturer for each Certificate of
photographically reproducible mark, image or
Authorization to Purchase a Notarial Seal.
impression of the official seal beside his signature
f) After the sale, the vendor or manufacturer shall
on the notarial certificate of a paper instrument or
affix a mark, image or impression of the seal to
document.
the Certificate of Authorization to Purchase a
SEC. 4. Obtaining and Providing Seal. –
Notarial Seal and submit the completed
a) A vendor or manufacturer of notarial seals may
Certificate to the Executive Judge. Copies of the
not sell said product without a written
Certificate of Authorization to Purchase a
authorization from the Executive Judge.
Notarial Seal and the buyer's commission shall
b) Upon written application and after payment of
be kept in the files of the vendor or
the application fee, the Executive Judge may
manufacturer for four (4) years after the sale.
issue an authorization to sell to a vendor or
g) A notary public obtaining a new seal as a result
manufacturer of notarial seals after verification
of change of name shall present to the vendor a
and investigation of the latter's qualifications.
certified copy of the order confirming the
The Executive Judge shall charge an
change of name issued by the Executive Judge.
authorization fee in the amount of PhP 4,000 for
the vendor and PhP 8,000 for the manufacturer.
RULE VIII: NOTARIAL CERTIFICATES
If a manufacturer is also a vendor, he shall only
SECTION 1. Form of Notarial Certificate. - The
pay the manufacturer's authorization fee.
notarial form used for any notarial instrument or
c) The authorization shall be in effect for a period
document shall conform to all the requisites
of four (4) years from the date of its issuance
prescribed herein, the Rules of Court and all other
and may be renewed by the Executive Judge for
provisions of issuances by the Supreme Court and
a similar period upon payment of the
in applicable laws.
authorization fee mentioned in the preceding
SEC. 2. Contents of the Concluding Part of the
paragraph.
Notarial Certificate. – The notarial certificate shall
d) A vendor or manufacturer shall not sell a seal to
include the following:
a buyer except upon submission of a certified
copy of the commission and the Certificate of a) the name of the notary public as exactly
Authorization to Purchase a Notarial Seal issued indicated in the commission;
by the Executive Judge. A notary public b) the serial number of the commission of the
obtaining a new seal as a result of change of notary public;
name shall present to the vendor or
c) the words "Notary Public" and the province or Within ten (10) days after the change of name of
city where the notary public is commissioned, the notary public by court order or by marriage, or
the expiration date of the commission, the after ceasing to maintain the regular place of work
office address of the notary public; and or business, the notary public shall submit a signed
d) The roll of attorney's number, the professional and dated notice of such fact to the Executive
tax receipt number and the place and date of Judge.
issuance thereof, and the IBP membership The notary public shall not notarize until:
number.
a) he receives from the Executive Judge a
RULE IX: CERTIFICATE OF AUTHORITY OF confirmation of the new name of the notary
NOTARIES PUBLIC public and/or change of regular place of work
SECTION 1. Certificate of Authority for a Notarial or business; and
Act. - A certificate of authority evidencing the b) a new seal bearing the new name has been
authenticity of the official seal and signature of a obtained.
notary public shall be issued by the Executive
The foregoing notwithstanding, until the
Judge upon request in substantially the following
aforementioned steps have been completed, the
form:
notary public may continue to use the former name
CERTIFICATE OF AUTHORITY FOR A
or regular place of work or business in performing
NOTARIAL ACT
notarial acts for three (3) months from the date of
I, (name, title, jurisdiction of the Executive
the change, which may be extended once for valid
Judge), certify that (name of notary public),
and just cause by the Executive Judge for another
the person named in the seal and signature
period not exceeding three (3) months.
on the attached document, is a Notary Public
SEC. 2. Resignation. - A notary public may resign
in and for the (City/Municipality/Province) of
his commission by personally submitting a written,
the Republic of the Philippines and
dated and signed formal notice to the Executive
authorized to act as such at the time of the
Judge together with his notarial seal, notarial
document's notarization.
register and records. Effective from the date
IN WITNESS WHEREOF, I have affixed below
indicated in the notice, he shall immediately cease
my signature and seal of this office this
to perform notarial acts. In the event of his
(date) day of (month) (year).
incapacity to personally appear, the submission of
_________________
the notice may be performed by his duly authorized
(official signature)
representative.
(seal of Executive Judge)
SEC. 3. Publication of Resignation. - The Executive
Judge shall immediately order the Clerk of Court to
RULE X : CHANGES OF STATUS OF NOTARY
post in a conspicuous place in the offices of the
PUBLIC
Executive Judge and of the Clerk of Court the
SECTION 1. Change of Name and Address. -
names of notaries public who have resigned their 10) knowingly performs or fails to perform any
notarial commissions and the effective dates of other act prohibited or mandated by these
their resignation. Rules; and
11) commits any other dereliction or act which in
RULE XI: REVOCATION OF COMMISSION the judgment of the Executive Judge
AND DISCIPLINARY SANCTIONS constitutes good cause for revocation of
SECTION 1. Revocation and Administrative commission or imposition of administrative
Sanctions. – sanction.
c) Upon verified complaint by an interested,
a) The Executive Judge shall revoke a notarial
affected or aggrieved person, the notary public
commission for any ground on which an
shall be required to file a verified answer to the
application for a commission may be denied.
complaint. If the answer of the notary public is
b) In addition, the Executive Judge may revoke the
not satisfactory, the Executive Judge shall
commission of, or impose appropriate
conduct a summary hearing. If the allegations of
administrative sanctions upon, any notary public
the complaint are not proven, the complaint
who:
shall be dismissed. If the charges are duly
1) fails to keep a notarial register;
established, the Executive Judge shall impose
2) fails to make the proper entry or entries in his
the appropriate administrative sanctions. In
notarial register concerning his notarial acts;
either case, the aggrieved party may appeal the
3) fails to send the copy of the entries to the
decision to the Supreme Court for review.
Executive Judge within the first ten (10) days
Pending the appeal, an order imposing
of the month following;
disciplinary sanctions shall be immediately
4) fails to affix to acknowledgments the date of
executory, unless otherwise ordered by the
expiration of his commission;
Supreme Court.
5) fails to submit his notarial register, when filled,
d) The Executive Judge may motu proprio initiate
to the Executive Judge;
administrative proceedings against a notary
6) fails to make his report, within a reasonable
public, subject to the procedures prescribed in
time, to the Executive Judge concerning the
paragraph (c) above and impose the appropriate
performance of his duties, as may be required
administrative sanctions on the grounds
by the judge;
mentioned in the preceding paragraphs (a) and
7) fails to require the presence of a principal at
(b).
the time of the notarial act;
8) fails to identify a principal on the basis of SEC. 2. Supervision and Monitoring of Notaries
personal knowledge or competent evidence; Public. - The Executive Judge shall at all times
9) executes a false or incomplete certificate under exercise supervision over notaries public and shall
Section 5, Rule IV; closely monitor their activities.
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.
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.

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
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.

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