The document defines key terms related to notarial acts and notaries public according to the 2004 Rules on Notarial Practice in the Philippines. Some key points:
- It defines important notarial acts like acknowledgments, jurats, and certifications.
- It establishes qualifications for becoming a notary public such as being a Filipino citizen over age 21 with a law degree.
- The petition process for applying for a notarial commission is outlined, requiring documents like a statement of qualifications.
- Requirements for notarial seals and registers are provided.
The document primarily focuses on establishing standardized definitions and processes for notarial acts and the commissioning of notaries public according to the 2004 Rules on Not
The document defines key terms related to notarial acts and notaries public according to the 2004 Rules on Notarial Practice in the Philippines. Some key points:
- It defines important notarial acts like acknowledgments, jurats, and certifications.
- It establishes qualifications for becoming a notary public such as being a Filipino citizen over age 21 with a law degree.
- The petition process for applying for a notarial commission is outlined, requiring documents like a statement of qualifications.
- Requirements for notarial seals and registers are provided.
The document primarily focuses on establishing standardized definitions and processes for notarial acts and the commissioning of notaries public according to the 2004 Rules on Not
The document defines key terms related to notarial acts and notaries public according to the 2004 Rules on Notarial Practice in the Philippines. Some key points:
- It defines important notarial acts like acknowledgments, jurats, and certifications.
- It establishes qualifications for becoming a notary public such as being a Filipino citizen over age 21 with a law degree.
- The petition process for applying for a notarial commission is outlined, requiring documents like a statement of qualifications.
- Requirements for notarial seals and registers are provided.
The document primarily focuses on establishing standardized definitions and processes for notarial acts and the commissioning of notaries public according to the 2004 Rules on Not
The document defines key terms related to notarial acts and notaries public according to the 2004 Rules on Notarial Practice in the Philippines. Some key points:
- It defines important notarial acts like acknowledgments, jurats, and certifications.
- It establishes qualifications for becoming a notary public such as being a Filipino citizen over age 21 with a law degree.
- The petition process for applying for a notarial commission is outlined, requiring documents like a statement of qualifications.
- Requirements for notarial seals and registers are provided.
The document primarily focuses on establishing standardized definitions and processes for notarial acts and the commissioning of notaries public according to the 2004 Rules on Not
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A.M. No.
02-8-13-SC has executed the instrument or document as his
2004 Rules on Notarial Practice free and voluntary act and deed, and, if he acts in a particular representative capacity, that he RESOLUTION has the authority to sign in that capacity. Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial Practice of SEC. 2. Affirmation or Oath. - The term 2004 submitted by the Sub-Committee for the “Affirmation” or “Oath” refers to an act in which Study, Drafting and Formulation of the Rules an individual on a single occasion: Governing the Appointment of Notaries Public and the Performance and Exercise of Their (a) appears in person before the notary Official Functions, of the Committees on Revision public; chan robles virtual law library of the Rules of Court and on Legal Education and (b) is personally known to the notary public or Bar Matters, the Court Resolved to APPROVE the identified by the notary public through competent proposed Rules on Notarial Practice of 2004, with evidence of identity as defined by these Rules; modifications, thus:c and chan robles virtual law library hanroblesvirtuallawlibrary (c) avows under penalty of law to the whole 2004 RULES ON NOTARIAL PRACTICE truth of the contents of the instrument or document. RULE I SEC. 3. Commission. - “Commission” refers to IMPLEMENTATION the grant of authority to perform notarial acts and to the written evidence of the authority. SECTION 1. Title. - These Rules shall be known SEC. 4. Copy Certification. - “Copy Certification” as the 2004 Rules on Notarial Practice. refers to a notarial act in which a notary public:chanroblesvirtuallawlibrary SEC. 2. Purposes. - These Rules shall be applied (a) is presented with an instrument or document and construed to advance the following that is neither a vital record, a public record, nor purposes:chanroblesvirtuallawlibrary publicly recordable; (a) to promote, serve, and protect public (b) copies or supervises the copying of the interest; chan robles virtual law library instrument or document; (b) to simplify, clarify, and modernize the rules (c) compares the instrument or document with governing notaries public; and the copy; and (c) to foster ethical conduct among notaries (d) determines that the copy is accurate and public. complete. SEC. 5. Notarial Register. - “Notarial Register” SEC. 3. Interpretation. - Unless the context of refers to a permanently bound book with these Rules otherwise indicates, words in the numbered pages containing a chronological singular include the plural, and words in the record of notarial acts performed by a notary plural include the singular. public. chan robles virtual law library SEC. 6. Jurat. - “Jurat” refers to an act in which RULE II an individual on a single DEFINITIONS occasion:chanroblesvirtuallawlibrary (a) appears in person before the notary public SECTION 1. Acknowledgment. - and presents an instrument or document; “Acknowledgment” refers to an act in which an (b) is personally known to the notary public or individual on a single identified by the notary public through competent occasion:chanroblesvirtuallawlibrary evidence of identity as defined by these (a) appears in person before the notary public Rules; chan robles virtual law library and presents an integrally complete instrument (c) signs the instrument or document in the or document; presence of the notary; and chan robles virtual law library (d) takes an oath or affirmation before the notary (b) is attested to be personally known to the public as to such instrument or document. notary public or identified by the notary public SEC. 7. Notarial Act and Notarization. - “Notarial through competent evidence of identity as Act” and “Notarization” refer to any act that a defined by these Rules; and - notary public is empowered to perform under chan robles virtual law library these Rules. (c) represents to the notary public that the SEC. 8. Notarial Certificate. - “Notarial signature on the instrument or document was Certificate” refers to the part of, or attachment voluntarily affixed by him for the purposes stated to, a notarized instrument or document that is in the instrument or document, declares that he completed by the notary public, bears the notary's signature and seal, and states the facts Office of the Court Administrator of the Supreme attested to by the notary public in a particular Court.cralaw notarization as provided for by these Rules.chan SEC. 18. Executive Judge. - “Executive Judge” robles virtual law library refers to the Executive Judge of the Regional Trial SEC. 9. Notary Public and Notary. - “Notary Court of a city or province who issues a notarial Public” and “Notary” refer to any person commission.cralaw commissioned to perform official acts under these SEC. 19. Vendor. - “Vendor” under these Rules Rules.cralaw refers to a seller of a notarial seal and shall SEC. 10. Principal. - “Principal” refers to a include a wholesaler or retailer. chan robles person appearing before the notary public whose virtual law library act is the subject of notarization. chan robles SEC. 20. Manufacturer. - “Manufacturer” under virtual law library these Rules refers to one who produces a notarial SEC. 11. Regular Place of Work or Business. - seal and shall include an engraver and seal The term “regular place of work or business” maker. chan robles virtual law library refers to a stationary office in the city or province RULE III wherein the notary public renders legal and COMMISSIONING OF NOTARY PUBLIC notarial services. chan robles virtual law library SECTION 1. Qualifications. - A notarial SEC. 12. Competent Evidence of Identity. - The commission may be issued by an Executive Judge phrase “competent evidence of identity” refers to to any qualified person who submits a petition in the identification of an individual based accordance with these Rules. chan robles virtual on:chanroblesvirtuallawlibrary law library (a) at least one current identification document To be eligible for commissioning as notary public, issued by an official agency bearing the the petitioner:chanroblesvirtuallawlibrary photograph and signature of the individual; (1) must be a citizen of the Philippines; chan or chan robles virtual law library robles virtual law library (b) the oath or affirmation of one credible (2) must be over twenty-one (21) years of witness not privy to the instrument, document or age; chan robles virtual law library transaction who is personally known to the (3) must be a resident in the Philippines for at notary public and who personally knows the least one (1) year and maintains a regular place individual, or of two credible witnesses neither of of work or business in the city or province where whom is privy to the instrument, document or the commission is to be issued; chan robles transaction who each personally knows the virtual law library individual and shows to the notary public (4) must be a member of the Philippine Bar in documentary identification. good standing with clearances from the Office of SEC. 13. Official Seal or Seal. - “Official seal” or the Bar Confidant of the Supreme Court and the “Seal” refers to a device for affixing a mark, Integrated Bar of the Philippines; and image or impression on all papers officially signed (5) must not have been convicted in the first by the notary public conforming the requisites instance of any crime involving moral turpitude. prescribed by these Rules. SEC. 2. Form of the Petition and Supporting SEC. 14. Signature Witnessing. - The term Documents. - Every petition for a notarial “signature witnessing” refers to a notarial act in commission shall be in writing, verified, and shall which an individual on a single occasion: chan include the following:chanroblesvirtuallawlibrary robles virtual law library (a) a statement containing the petitioner's (a) appears in person before the notary public personal qualifications, including the petitioner's and presents an instrument or document; date of birth, residence, telephone number, (b) is personally known to the notary public or professional tax receipt, roll of attorney's number identified by the notary public through competent and IBP membership number; evidence of identity as defined by these Rules; and chan robles virtual law library (b) certification of good moral character of the (c) signs the instrument or document in the petitioner by at least two (2) executive officers of presence of the notary public. the local chapter of the Integrated Bar of the SEC. 15. Court. - “Court” refers to the Supreme Philippines where he is applying for commission; Court of the Philippines. SEC. 16. Petitioner. - “Petitioner” refers to a (c) proof of payment for the filing of the petition person who applies for a notarial as required by these Rules; and commission.cralaw SEC. 17. Office of the Court Administrator. - (d) three (3) passport-size color photographs “Office of the Court Administrator” refers to the with light background taken within thirty (30) days of the application. The photograph should not be retouched. The petitioner shall sign his This is to certify that (name of notary name at the bottom part of the photographs. public) of (regular place of work or SEC. 3. Application Fee. - Every petitioner for a business) in (city or province) was on this notarial commission shall pay the application fee (date) day of (month) two thousand and as prescribed in the Rules of Court. chan robles (year) commissioned by the undersigned as virtual law library a notary public, within and for the said SEC. 4. Summary Hearing on the Petition. - The jurisdiction, for a term ending the thirty- Executive Judge shall conduct a summary first day of December (year) chan robles hearing on the petition and shall grant the same virtual law library if:chanroblesvirtuallawlibrary ________________________ (a) the petition is sufficient in form and Executive Judge substance; SEC. 8. Period Of Validity of Certificate of (b) the petitioner proves the allegations Authorization to Purchase a Notarial Seal. - The contained in the petition; and Certificate of Authorization to Purchase a Notarial (c) the petitioner establishes to the satisfaction Seal shall be valid for a period of three (3) of the Executive Judge that he has read and fully months from date of issue, unless extended by understood these Rules. the Executive Judge. The Executive Judge shall forthwith issue a A mark, image or impression of the seal that may commission and a Certificate of Authorization to be purchased by the notary public pursuant to Purchase a Notarial Seal in favor of the the Certificate shall be presented to the Executive petitioner. chan robles virtual law library Judge for approval prior to use.cralaw SEC. 5. Notice of Summary Hearing. - SEC. 9. Form of Certificate of Authorization to (a) The notice of summary hearing shall be Purchase a Notarial Seal. - The Certificate of published in a newspaper of general circulation in Authorization to Purchase a Notarial Seal shall the city or province where the hearing shall be substantially be in the following conducted and posted in a conspicuous place in form:chanroblesvirtuallawlibrary the offices of the Executive Judge and of the Clerk of Court. The cost of the publication shall REPUBLIC OF THE PHILIPPINES be borne by the petitioner. The notice may REGIONAL TRIAL COURT include more than one petitioner. OF_____________ chan robles virtual law library (b) The notice shall be substantially in the CERTIFICATE OF AUTHORIZATION following form:chanroblesvirtuallawlibrary TO PURCHASE A NOTARIAL SEAL chan robles NOTICE OF HEARING virtual law library Notice is hereby given that a summary This is to authorize (name of notary public) hearing on the petition for notarial of (city or province) who was commissioned commission of (name of petitioner) shall be by the undersigned as a notary public, held on (date) at (place) at (time). Any within and for the said jurisdiction, for a person who has any cause or reason to term ending, the thirty-first of December object to the grant of the petition may file a (year) to purchase a notarial verified written opposition thereto, received seal.chanrobles virtual law libr by the undersigned before the date of the Issued this (day) of (month) (year). summary hearing.chanrobles virtual law ________________________ _____________________ Executive Judge Executive Judge SEC. 6. Opposition to Petition. - Any person who SEC. 10. Official Seal of Notary Public. - Every has any cause or reason to object to the grant of person commissioned as notary public shall have the petition may file a verified written opposition only one official seal of office in accordance with thereto. The opposition must be received by the these Rules. Executive Judge before the date of the summary SEC. 11. Jurisdiction and Term. - A person hearing. chan robles virtual law library commissioned as notary public may perform SEC. 7. Form of Notarial Commission. - The notarial acts in any place within the territorial commissioning of a notary public shall be in a jurisdiction of the commissioning court for a formal order signed by the Executive Judge period of two (2) years commencing the first day substantially in the following of January of the year in which the form:chanroblesvirtuallawlibrary commissioning is made, unless earlier revoked or REPUBLIC OF THE PHILIPPINES the notary public has resigned under these Rules REGIONAL TRIAL COURT OF and the Rules of Court. chan robles virtual law ______________ library SEC. 12. Register of Notaries Public. - The other mark: "Thumb or Other Mark affixed by Executive Judge shall keep and maintain a (name of signatory by mark) in the presence of Register of Notaries Public in his jurisdiction (names and addresses of witnesses) and which shall contain, among others, the dates of undersigned notary public"; and chan robles issuance or revocation or suspension of notarial virtual law library commissions, and the resignation or death of (4) the notary public notarizes the signature by notaries public. The Executive Judge shall furnish thumb or other mark through an the Office of the Court Administrator information acknowledgment, jurat, or signature witnessing. and data recorded in the register of notaries (c) A notary public is authorized to sign on behalf public. The Office of the Court Administrator shall of a person who is physically unable to sign or keep a permanent, complete and updated make a mark on an instrument or document database of such records. chan robles virtual law if:chanroblesvirtuallawlibrary library (1) the notary public is directed by the person SEC. 13. Renewal of Commission. - A notary unable to sign or make a mark to sign on his public may file a written application with the behalf; Executive Judge for the renewal of his (2) the signature of the notary public is affixed commission within forty-five (45) days before the in the presence of two disinterested and expiration thereof. A mark, image or impression unaffected witnesses to the instrument or of the seal of the notary public shall be attached document; to the application.cralaw (3) both witnesses sign their own names ; Failure to file said application will result in the (4) the notary public writes below his signature: deletion of the name of the notary public in the “Signature affixed by notary in presence of register of notaries public.cralaw (names and addresses of person and two [2] The notary public thus removed from the witnesses)”; and Register of Notaries Public may only be reinstated (5) the notary public notarizes his signature by therein after he is issued a new commission in acknowledgment or jurat. accordance with these Rules. chan robles virtual SEC. 2. Prohibitions. - (a) A notary public shall law library not perform a notarial act outside his regular SEC. 14. Action on Application for Renewal of place of work or business; provided, however, Commission. - The Executive Judge shall, upon that on certain exceptional occasions or payment of the application fee mentioned in situations, a notarial act may be performed at the Section 3 above of this Rule, act on an request of the parties in the following sites application for the renewal of a commission located within his territorial jurisdiction: chan within thirty (30) days from receipt thereof. If robles virtual law library the application is denied, the Executive Judge (1) public offices, convention halls, and similar shall state the reasons therefor.cralaw places where oaths of office may be RULE IV administered; POWERS AND LIMITATIONS OF NOTARIES (2) public function areas in hotels and similar PUBLIC places for the signing of instruments or SECTION 1. Powers. - (a) A notary public is documents requiring notarization; empowered to perform the following notarial (3) hospitals and other medical institutions acts:chanroblesvirtuallawlibrary where a party to an instrument or document is (1) acknowledgments; confined for treatment; and (2) oaths and affirmations; (4) any place where a party to an instrument or (3) jurats; chan robles virtual law library document requiring notarization is under (4) signature witnessings; detention. (5) copy certifications; and (b) A person shall not perform a notarial act if (6) any other act authorized by these Rules. the person involved as signatory to the (b) A notary public is authorized to certify the instrument or document - affixing of a signature by thumb or other mark on (1) is not in the notary's presence personally at an instrument or document presented for the time of the notarization; and notarization if:chanroblesvirtuallawlibrary (2) is not personally known to the notary public (1) the thumb or other mark is affixed in the or otherwise identified by the notary public presence of the notary public and of two (2) through competent evidence of identity as disinterested and unaffected witnesses to the defined by these Rules.chan robles virtual law instrument or document; library (2) both witnesses sign their own names in SEC. 3. Disqualifications. - A notary public is addition to the thumb or other mark; disqualified from performing a notarial act if (3) the notary public writes below the thumb or he:chanroblesvirtuallawlibrary (a) is a party to the instrument or document that prescribed and allowed herein, shall be collected is to be notarized; chan robles virtual law library or received for any notarial service.cralaw (b) will receive, as a direct or indirect result, any SEC. 4. Payment or Refund of Fees. - A notary commission, fee, advantage, right, title, interest, public shall not require payment of any fees cash, property, or other consideration, except as specified herein prior to the performance of a provided by these Rules and by law; or notarial act unless otherwise agreed upon. chan (c) is a spouse, common-law partner, ancestor, robles virtual law library descendant, or relative by affinity or Any travel fees and expenses paid to a notary consanguinity of the principal within the fourth public prior to the performance of a notarial act civil degree. chan robles virtual law library are not subject to refund if the notary public had SEC. 4. Refusal to Notarize. - A notary public already traveled but failed to complete in whole shall not perform any notarial act described in or in part the notarial act for reasons beyond his these Rules for any person requesting such an control and without negligence on his part.cralaw act even if he tenders the appropriate fee SEC. 5. Notice of Fees. - A notary public who specified by these Rules charges a fee for notarial services shall issue a if:chanroblesvirtuallawlibrary receipt registered with the Bureau of Internal (a) the notary knows or has good reason to Revenue and keep a journal of notarial fees. He believe that the notarial act or transaction is shall enter in the journal all fees charged for unlawful or immoral; services rendered. chan robles virtual law library (b) the signatory shows a demeanor which A notary public shall post in a conspicuous place engenders in the mind of the notary public in his office a complete schedule of chargeable reasonable doubt as to the former's knowledge of notarial fees.cralaw the consequences of the transaction requiring a RULE VI notarial act; and NOTARIAL REGISTER (c) in the notary's judgment, the signatory is not SECTION 1. Form of Notarial Register. - (a) A acting of his or her own free will. notary public shall keep, maintain, protect and SEC. 5. False or Incomplete Certificate. - A provide for lawful inspection as provided in these notary public shall not: chan robles virtual law Rules, a chronological official notarial register of library notarial acts consisting of a permanently bound (a) execute a certificate containing information book with numbered pages. chan robles virtual known or believed by the notary to be false. law library (b) affix an official signature or seal on a notarial The register shall be kept in books to be certificate that is incomplete.chan robles virtual furnished by the Solicitor General to any notary law library public upon request and upon payment of the SEC. 6. Improper Instruments or Documents. - A cost thereof. The register shall be duly paged, notary public shall not and on the first page, the Solicitor General shall notarize:chanroblesvirtuallawlibrary certify the number of pages of which the book (a) a blank or incomplete instrument or consists.cralaw document; or chan robles virtual law library For purposes of this provision, a Memorandum of (b) an instrument or document without Agreement or Understanding may be entered into appropriate notarial certification. by the Office of the Solicitor General and the RULE V Office of the Court Administrator. chan robles FEES OF NOTARY PUBLIC virtual law library SECTION 1. Imposition and Waiver of Fees. - For (b) A notary public shall keep only one active performing a notarial act, a notary public may notarial register at any given time.cralaw charge the maximum fee as prescribed by the SEC. 2. Entries in the Notarial Register. - (a) For Supreme Court unless he waives the fee in whole every notarial act, the notary shall record in the or in part. notarial register at the time of notarization the chan robles virtual law library following: chan robles virtual law library SEC. 2. Travel Fees and Expenses. - A notary (1) the entry number and page number; chan public may charge travel fees and expenses robles virtual law library separate and apart from the notarial fees (2) the date and time of day of the notarial act; prescribed in the preceding section when (3) the type of notarial act; chan robles virtual traveling to perform a notarial act if the notary law library public and the person requesting the notarial act (4) the title or description of the instrument, agree prior to the travel.cralaw document or proceeding; SEC. 3. Prohibited Fees. – No fee or (5) the name and address of each principal; chan compensation of any kind, except those expressly robles virtual law library (6) the competent evidence of identity as defined by these Rules if the signatory is not following, be forwarded to the Clerk of Court and personally known to the notary; chan robles shall be under the responsibility of such officer. If virtual law library there is no entry to certify for the month, the (7) the name and address of each credible notary shall forward a statement to this effect in witness swearing to or affirming the person's lieu of certified copies herein required.cralaw identity; SEC. 3. Signatures and Thumbmarks. - At the (8) the fee charged for the notarial act; time of notarization, the notary's notarial register (9) the address where the notarization was shall be signed or a thumb or other mark affixed performed if not in the notary's regular place of by each:chanroblesvirtuallawlibrary work or business; and (a) principal; (10) any other circumstance the notary public (b) credible witness swearing or affirming to the may deem of significance or relevance. identity of a principal; and (b) A notary public shall record in the notarial (c) witness to a signature by thumb or other register the reasons and circumstances for not mark, or to a signing by the notary public on completing a notarial act. behalf of a person physically unable to sign. (c) A notary public shall record in the notarial SEC. 4. Inspection, Copying and Disposal. - (a) register the circumstances of any request to In the notary's presence, any person may inspect inspect or copy an entry in the notarial register, an entry in the notarial register, during regular including the requester's name, address, business hours, provided; signature, thumbmark or other recognized (1) the person's identity is personally known to identifier, and evidence of identity. The reasons the notary public or proven through competent for refusal to allow inspection or copying of a evidence of identity as defined in these Rules; journal entry shall also be recorded.cralaw (2) the person affixes a signature and thumb or (d) When the instrument or document is a other mark or other recognized identifier, in the contract, the notary public shall keep an original notarial register in a separate, dated entry; copy thereof as part of his records and enter in (3) the person specifies the month, year, type of said records a brief description of the substance instrument or document, and name of the thereof and shall give to each entry a consecutive principal in the notarial act or acts sought; and number, beginning with number one in each (4) the person is shown only the entry or entries calendar year. He shall also retain a duplicate specified by him. original copy for the Clerk of Court.cralaw (b) The notarial register may be examined by a (e) The notary public shall give to each law enforcement officer in the course of an instrument or document executed, sworn to, or official investigation or by virtue of a court order. acknowledged before him a number (c) If the notary public has a reasonable ground corresponding to the one in his register, and shall to believe that a person has a criminal intent or also state on the instrument or document the wrongful motive in requesting information from page/s of his register on which the same is the notarial register, the notary shall deny access recorded. No blank line shall be left between to any entry or entries therein.cralaw entries.cralaw SEC. 5. Loss, Destruction or Damage of Notarial (f) In case of a protest of any draft, bill of Register. - (a) In case the notarial register is exchange or promissory note, the notary public stolen, lost, destroyed, damaged, or otherwise shall make a full and true record of all rendered unusable or illegible as a record of proceedings in relation thereto and shall note notarial acts, the notary public shall, within ten therein whether the demand for the sum of (10) days after informing the appropriate law money was made, by whom, when, and where; enforcement agency in the case of theft or whether he presented such draft, bill or note; vandalism, notify the Executive Judge by any whether notices were given, to whom and in means providing a proper receipt or what manner; where the same was made, when acknowledgment, including registered mail and and to whom and where directed; and of every also provide a copy or number of any pertinent other fact touching the same.cralaw police report.cralaw (g) At the end of each week, the notary public (b) Upon revocation or expiration of a notarial shall certify in his notarial register the number of commission, or death of the notary public, the instruments or documents executed, sworn to, notarial register and notarial records shall acknowledged, or protested before him; or if immediately be delivered to the office of the none, this certificate shall show this fact.cralaw Executive Judge.cralaw (h) A certified copy of each month's entries and a SEC. 6. Issuance of Certified True Copies. - The duplicate original copy of any instrument notary public shall supply a certified true copy of acknowledged before the notary public shall, the notarial record, or any part thereof, to any within the first ten (10) days of the month person applying for such copy upon payment of or expiration of a notarial commission, the official the legal fees.cralaw seal shall be surrendered to the Executive Judge RULE VII and shall be destroyed or defaced in public during SIGNATURE AND SEAL OF NOTARY PUBLIC office hours. In the event that the missing, lost or SECTION 1. Official Signature. – In notarizing a damaged seal is later found or surrendered, it paper instrument or document, a notary public shall be delivered by the notary public to the shall:chanroblesvirtuallawlibrary Executive Judge to be disposed of in accordance (a) sign by hand on the notarial certificate only with this section. Failure to effect such surrender the name indicated and as appearing on the shall constitute contempt of court. In the event of notary's commission; chan robles virtual law death of the notary public, the person in library possession of the official seal shall have the duty (b) not sign using a facsimile stamp or printing to surrender it to the Executive Judge.cralaw device; and SEC. 3. Seal Image. - The notary public shall (c) affix his official signature only at the time the affix a single, clear, legible, permanent, and notarial act is performed. photographically reproducible mark, image or SEC. 2. Official Seal. - (a) Every person impression of the official seal beside his signature commissioned as notary public shall have a seal on the notarial certificate of a paper instrument of office, to be procured at his own expense, or document.cralaw which shall not be possessed or owned by any SEC. 4. Obtaining and Providing Seal. - (a) A other person. It shall be of metal, circular in vendor or manufacturer of notarial seals may not shape, two inches in diameter, and shall have the sell said product without a written authorization name of the city or province and the word from the Executive Judge.cralaw “Philippines” and his own name on the margin (b) Upon written application and after payment of and the roll of attorney's number on the face the application fee, the Executive Judge may thereof, with the words "notary public" across the issue an authorization to sell to a vendor or center. A mark, image or impression of such seal manufacturer of notarial seals after verification shall be made directly on the paper or parchment and investigation of the latter's qualifications. on which the writing appears. The Executive Judge shall charge an (b) The official seal shall be affixed only at the authorization fee in the amount of PhP 4,000 for time the notarial act is performed and shall be the vendor and PhP 8,000 for the manufacturer. clearly impressed by the notary public on every If a manufacturer is also a vendor, he shall only page of the instrument or document pay the manufacturer's authorization fee.cralaw notarized. chan robles virtual law library (c) The authorization shall be in effect for a (c) When not in use, the official seal shall be kept period of four (4) years from the date of its safe and secure and shall be accessible only to issuance and may be renewed by the Executive the notary public or the person duly authorized Judge for a similar period upon payment of the by him. chan robles virtual law library authorization fee mentioned in the preceding (d) Within five (5) days after the official seal of a paragraph.cralaw notary public is stolen, lost, damaged or other (d) A vendor or manufacturer shall not sell a seal otherwise rendered unserviceable in affixing a to a buyer except upon submission of a certified legible image, the notary public, after informing copy of the commission and the Certificate of the appropriate law enforcement agency, shall Authorization to Purchase a Notarial Seal issued notify the Executive Judge in writing, providing by the Executive Judge. A notary public obtaining proper receipt or acknowledgment, including a new seal as a result of change of name shall registered mail, and in the event of a crime present to the vendor or manufacturer a certified committed, provide a copy or entry number of copy of the Confirmation of the Change of Name the appropriate police record. Upon receipt of issued by the Executive Judge.cralaw such notice, if found in order by the Executive (e) Only one seal may be sold by a vendor or Judge, the latter shall order the notary public to manufacturer for each Certificate of Authorization cause notice of such loss or damage to be to Purchase a Notarial Seal.cralaw published, once a week for three (3) consecutive (f) After the sale, the vendor or manufacturer weeks, in a newspaper of general circulation in shall affix a mark, image or impression of the the city or province where the notary public is seal to the Certificate of Authorization to commissioned. Thereafter, the Executive Judge Purchase a Notarial Seal and submit the shall issue to the notary public a new Certificate completed Certificate to the Executive Judge. of Authorization to Purchase a Notarial Copies of the Certificate of Authorization to Seal.cralaw Purchase a Notarial Seal and the buyer's (e) Within five (5) days after the death or commission shall be kept in the files of the resignation of the notary public, or the revocation vendor or manufacturer for four (4) years after (official signature) the sale.cralaw (seal of Executive Judge) (g) A notary public obtaining a new seal as a RULE X result of change of name shall present to the CHANGES OF STATUS OF NOTARY PUBLIC vendor a certified copy of the order confirming SECTION 1. Change of Name and Address. - the change of name issued by the Executive Within ten (10) days after the change of name of Judge.cralaw the notary public by court order or by marriage, RULE VIII or after ceasing to maintain the regular place of NOTARIAL CERTIFICATES work or business, the notary public shall submit a SECTION 1. Form of Notarial Certificate. - The signed and dated notice of such fact to the notarial form used for any notarial instrument or Executive Judge. document shall conform to all the requisites prescribed herein, the Rules of Court and all The notary public shall not notarize other provisions of issuances by the Supreme until:chanroblesvirtuallawlibrary Court and in applicable laws. chan robles virtual (a) he receives from the Executive Judge a law library confirmation of the new name of the notary SEC. 2. Contents of the Concluding Part of the public and/or change of regular place of work or Notarial Certificate. – The notarial certificate shall business; and include the following:chanroblesvirtuallawlibrary (a) the name of the notary public as exactly (b) a new seal bearing the new name has been indicated in the commission; obtained. (b) the serial number of the commission of the The foregoing notwithstanding, until the notary public; aforementioned steps have been completed, the (c) the words "Notary Public" and the province or notary public may continue to use the former city where the notary public is commissioned, the name or regular place of work or business in expiration date of the commission, the office performing notarial acts for three (3) months address of the notary public; and from the date of the change, which may be (d) the roll of attorney's number, the professional extended once for valid and just cause by the tax receipt number and the place and date of Executive Judge for another period not exceeding issuance thereof, and the IBP membership three (3) months. number. SEC. 2. Resignation. - A notary public may resign RULE IX his commission by personally submitting a CERTIFICATE OF AUTHORITY OF NOTARIES written, dated and signed formal notice to the PUBLIC Executive Judge together with his notarial seal, SECTION 1. Certificate of Authority for a Notarial notarial register and records. Effective from the Act. - A certificate of authority evidencing the date indicated in the notice, he shall immediately authenticity of the official seal and signature of a cease to perform notarial acts. In the event of his notary public shall be issued by the Executive incapacity to personally appear, the submission Judge upon request in substantially the following of the notice may be performed by his duly form: chan robles virtual law library authorized representative.cralaw CERTIFICATE OF AUTHORITY FOR A SEC. 3. Publication of Resignation. - The NOTARIAL ACT Executive Judge shall immediately order the I, (name, title, jurisdiction of the Executive Clerk of Court to post in a conspicuous place in Judge), certify that (name of notary public), the offices of the Executive Judge and of the the person named in the seal and signature Clerk of Court the names of notaries public who on the attached document, is a Notary have resigned their notarial commissions and the Public in and for the effective dates of their resignation.cralaw (City/Municipality/Province) of the Republic RULE XI of the Philippines and authorized to act as REVOCATION OF COMMISSION AND such at the time of the document's DISCIPLINARY SANCTIONS notarization.chanrobles virtual law SECTION 1. Revocation and Administrative librarychan robles virtual law library Sanctions. - (a) The Executive Judge shall revoke IN WITNESS WHEREOF, I have affixed a notarial commission for any ground on which below my signature and seal of this office an application for a commission may be this (date) day of (month) denied. chan robles virtual law library (year).chanrobles virtual law library chan (b) In addition, the Executive Judge may revoke robles virtual law library the commission of, or impose appropriate _________________ administrative sanctions upon, any notary public who:chanroblesvirtuallawlibrary (1) fails to keep a notarial register; Executive Judge and of the Clerk of Court the (2) fails to make the proper entry or entries in names of notaries public who have been his notarial register concerning his notarial acts; administratively sanctioned or whose notarial (3) fails to send the copy of the entries to the commissions have been revoked.cralaw Executive Judge within the first ten (10) days of SEC. 4. Death of Notary Public. - If a notary the month following; public dies before fulfilling the obligations in (4) fails to affix to acknowledgments the date of Section 4(e), Rule VI and Section 2(e), Rule VII, expiration of his commission; the Executive Judge, upon being notified of such (5) fails to submit his notarial register, when death, shall forthwith cause compliance with the filled, to the Executive Judge; provisions of these sections. chan robles virtual (6) fails to make his report, within a reasonable law library time, to the Executive Judge concerning the RULE XII performance of his duties, as may be required by SPECIAL PROVISIONS the judge; SECTION 1. Punishable Acts. - The Executive (7) fails to require the presence of a principal at Judge shall cause the prosecution of any person the time of the notarial act; who:chanroblesvirtuallawlibrary (8) fails to identify a principal on the basis of (a) knowingly acts or otherwise impersonates a personal knowledge or competent evidence; notary public; chan robles virtual law library (9) executes a false or incomplete certificate (b) knowingly obtains, conceals, defaces, or under Section 5, Rule IV; destroys the seal, notarial register, or official (10) knowingly performs or fails to perform any records of a notary public; and other act prohibited or mandated by these Rules; (c) knowingly solicits, coerces, or in any way and influences a notary public to commit official (11) commits any other dereliction or act which misconduct. in the judgment of the Executive Judge SEC 2. Reports to the Supreme Court. - The constitutes good cause for revocation of Executive Judge concerned shall submit commission or imposition of administrative semestral reports to the Supreme Court on sanction. discipline and prosecution of notaries public. (c) Upon verified complaint by an interested, RULE XIII affected or aggrieved person, the notary public REPEALING AND EFFECTIVITY PROVISIONS shall be required to file a verified answer to the SECTION 1. Repeal. - All rules and parts of rules, complaint. If the answer of the notary public is including issuances of the Supreme Court not satisfactory, the Executive Judge shall inconsistent herewith, are hereby repealed or conduct a summary hearing. If the allegations of accordingly modified. chan robles virtual law the complaint are not proven, the complaint shall library be dismissed. If the charges are duly established, SEC. 2. Effective Date. - These Rules shall take the Executive Judge shall impose the appropriate effect on the first day of August 2004, and shall administrative sanctions. In either case, the be published in a newspaper of general aggrieved party may appeal the decision to the circulation in the Philippines which provides Supreme Court for review. Pending the appeal, sufficiently wide circulation. an order imposing disciplinary sanctions shall be Promulgated this 6th day of July, 2004. chan immediately executory, unless otherwise ordered robles virtual law library by the Supreme Court. Davide, Jr. C.J., Puno, Vitug, Panganiban, (d) The Executive Judge may motu proprio Quisumbing, Ynarez-Santiago, Sandoval- initiate administrative proceedings against a Gutierrez, Carpio, Austria-Martinez, Corona, notary public, subject to the procedures Carpio-Morales, Callejo, Sr., Azcuna and prescribed in paragraph (c) above and impose Tinga, JJ. 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