2004 Rules On Notarial Practice
2004 Rules On Notarial Practice
2004 Rules On Notarial Practice
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.