A.M. No.

02-8-13-SC chan robles virtual law library

2004 Rules on Notarial Practice (b) is attested to be personally known to the
notary public or identified by the notary public
RESOLUTION through competent evidence of identity as defined
by these Rules; and -
Acting on the compliance dated 05 July 2004 and chan robles virtual law library
on the proposed Rules on Notarial Practice of 2004 (c) represents to the notary public that the
submitted by the Sub-Committee for the Study, signature on the instrument or document was
Drafting and Formulation of the Rules Governing voluntarily affixed by him for the purposes stated
the Appointment of Notaries Public and the in the instrument or document, declares that he
Performance and Exercise of Their Official has executed the instrument or document as his
Functions, of the Committees on Revision of the free and voluntary act and deed, and, if he acts in
Rules of Court and on Legal Education and Bar a particular representative capacity, that he has
Matters, the Court Resolved to APPROVE the the authority to sign in that capacity.
proposed Rules on Notarial Practice of 2004, with
modifications, thus: SEC. 2. Affirmation or Oath. - The term
2004 RULES ON NOTARIAL PRACTICE “Affirmation” or “Oath” refers to an act in which
an individual on a single occasion:
RULE I
IMPLEMENTATION (a) appears in person before the notary public;
chan robles virtual law library
SECTION 1. Title. - These Rules shall be known as (b) is personally known to the notary public or
the 2004 Rules on Notarial Practice. identified by the notary public through competent
evidence of identity as defined by these Rules; and
SEC. 2. Purposes. - These Rules shall be applied chan robles virtual law library
and construed to advance the following purposes: (c) avows under penalty of law to the whole truth
of the contents of the instrument or document.
(a) to promote, serve, and protect public interest;
chan robles virtual law library SEC. 3. Commission. - “Commission” refers to the
(b) to simplify, clarify, and modernize the rules grant of authority to perform notarial acts and to
governing notaries public; and the written evidence of the authority.
(c) to foster ethical conduct among notaries public.
chan robles virtual law library SEC. 4. Copy Certification. - “Copy Certification”
refers to a notarial act in which a notary public:
SEC. 3. Interpretation. - Unless the context of
these Rules otherwise indicates, words in the (a) is presented with an instrument or document
singular include the plural, and words in the plural that is neither a vital record, a public record, nor
include the singular. publicly recordable;
(b) copies or supervises the copying of the
RULE II instrument or document;
DEFINITIONS (c) compares the instrument or document with
the copy; and
SECTION 1. Acknowledgment. - (d) determines that the copy is accurate and
“Acknowledgment” refers to an act in which an complete.
individual on a single occasion:
SEC. 5. Notarial Register. - “Notarial Register”
(a) appears in person before the notary public and refers to a permanently bound book with
presents an integrally complete instrument or numbered pages containing a chronological record
document; of notarial acts performed by a notary public. chan
robles virtual law library issued by an official agency bearing the
photograph and signature of the individual; or
SEC. 6. Jurat. - “Jurat” refers to an act in which an chan robles virtual law library
individual on a single occasion: (b) the oath or affirmation of one credible witness
not privy to the instrument, document or
(a) appears in person before the notary public and transaction who is personally known to the notary
presents an instrument or document; public and who personally knows the individual, or
(b) is personally known to the notary public or of two credible witnesses neither of whom is privy
identified by the notary public through competent to the instrument, document or transaction who
evidence of identity as defined by these Rules; each personally knows the individual and shows to
chan robles virtual law library the notary public documentary identification.
(c) signs the instrument or document in the
presence of the notary; and SEC. 13. Official Seal or Seal. - “Official seal” or
(d) takes an oath or affirmation before the notary “Seal” refers to a device for affixing a mark, image
public as to such instrument or document. or impression on all papers officially signed by the
notary public conforming the requisites prescribed
SEC. 7. Notarial Act and Notarization. - “Notarial by these Rules.
Act” and “Notarization” refer to any act that a
notary public is empowered to perform under SEC. 14. Signature Witnessing. - The term
these Rules. “signature witnessing” refers to a notarial act in
which an individual on a single occasion: chan
SEC. 8. Notarial Certificate. - “Notarial Certificate” robles virtual law library
refers to the part of, or attachment to, a notarized
instrument or document that is completed by the (a) appears in person before the notary public and
notary public, bears the notary's signature and presents an instrument or document;
seal, and states the facts attested to by the notary (b) is personally known to the notary public or
public in a particular notarization as provided for identified by the notary public through competent
by these Rules. chan robles virtual law library evidence of identity as defined by these Rules; and
chan robles virtual law library
SEC. 9. Notary Public and Notary. - “Notary Public” (c) signs the instrument or document in the
and “Notary” refer to any person commissioned to presence of the notary public.
perform official acts under these Rules.cralaw
SEC. 15. Court. - “Court” refers to the Supreme
SEC. 10. Principal. - “Principal” refers to a person Court of the Philippines.
appearing before the notary public whose act is
the subject of notarization. chan robles virtual law SEC. 16. Petitioner. - “Petitioner” refers to a
library person who applies for a notarial
commission.cralaw
SEC. 11. Regular Place of Work or Business. - The
term “regular place of work or business” refers to SEC. 17. Office of the Court Administrator. - “Office
a stationary office in the city or province wherein of the Court Administrator” refers to the Office of
the notary public renders legal and notarial the Court Administrator of the Supreme
services. chan robles virtual law library Court.cralaw

SEC. 12. Competent Evidence of Identity. - The SEC. 18. Executive Judge. - “Executive Judge”
phrase “competent evidence of identity” refers to refers to the Executive Judge of the Regional Trial
the identification of an individual based on: Court of a city or province who issues a notarial
commission.cralaw
(a) at least one current identification document
SEC. 19. Vendor. - “Vendor” under these Rules (b) certification of good moral character of the
refers to a seller of a notarial seal and shall include petitioner by at least two (2) executive officers of
a wholesaler or retailer. chan robles virtual law the local chapter of the Integrated Bar of the
library Philippines where he is applying for commission;

SEC. 20. Manufacturer. - “Manufacturer” under (c) proof of payment for the filing of the petition
these Rules refers to one who produces a notarial as required by these Rules; and
seal and shall include an engraver and seal maker.
chan robles virtual law library (d) three (3) passport-size color photographs with
light background taken within thirty (30) days of
RULE III the application. The photograph should not be
COMMISSIONING OF NOTARY PUBLIC retouched. The petitioner shall sign his name at
the bottom part of the photographs.
SECTION 1. Qualifications. - A notarial commission
may be issued by an Executive Judge to any SEC. 3. Application Fee. - Every petitioner for a
qualified person who submits a petition in notarial commission shall pay the application fee
accordance with these Rules. chan robles virtual as prescribed in the Rules of Court. chan robles
law library virtual law library

To be eligible for commissioning as notary public, SEC. 4. Summary Hearing on the Petition. - The
the petitioner: Executive Judge shall conduct a summary hearing
on the petition and shall grant the same
(1) must be a citizen of the Philippines; chan if:chanroblesvirtuallawlibrary
robles virtual law library
(2) must be over twenty-one (21) years of age; (a) the petition is sufficient in form and substance;
chan robles virtual law library
(3) must be a resident in the Philippines for at (b) the petitioner proves the allegations contained
least one (1) year and maintains a regular place of in the petition; and
work or business in the city or province where the (c) the petitioner establishes to the satisfaction of
commission is to be issued; chan robles virtual law the Executive Judge that he has read and fully
library understood these Rules.
(4) must be a member of the Philippine Bar in
good standing with clearances from the Office of The Executive Judge shall forthwith issue a
the Bar Confidant of the Supreme Court and the commission and a Certificate of Authorization to
Integrated Bar of the Philippines; and Purchase a Notarial Seal in favor of the petitioner.
(5) must not have been convicted in the first chan robles virtual law library
instance of any crime involving moral turpitude.
SEC. 5. Notice of Summary Hearing. -
SEC. 2. Form of the Petition and Supporting
Documents. - Every petition for a notarial (a) The notice of summary hearing shall be
commission shall be in writing, verified, and shall published in a newspaper of general circulation in
include the following: the city or province where the hearing shall be
conducted and posted in a conspicuous place in
(a) a statement containing the petitioner's the offices of the Executive Judge and of the Clerk
personal qualifications, including the petitioner's of Court. The cost of the publication shall be borne
date of birth, residence, telephone number, by the petitioner. The notice may include more
professional tax receipt, roll of attorney's number than one petitioner.
and IBP membership number;
(b) The notice shall be substantially in the
following form:
A mark, image or impression of the seal that may
NOTICE OF HEARING be purchased by the notary public pursuant to the
Notice is hereby given that a summary hearing on Certificate shall be presented to the Executive
the petition for notarial commission of (name of Judge for approval prior to use.cralaw
petitioner) shall be held on (date) at (place) at
(time). Any person who has any cause or reason to SEC. 9. Form of Certificate of Authorization to
object to the grant of the petition may file a Purchase a Notarial Seal. - The Certificate of
verified written opposition thereto, received by Authorization to Purchase a Notarial Seal shall
the undersigned before the date of the summary substantially be in the following form:
hearing.chanrobles virtual law library chan robles
virtual law library
REPUBLIC OF THE PHILIPPINES
_____________________ REGIONAL TRIAL COURT OF_____________ chan
Executive Judge robles virtual law library
CERTIFICATE OF AUTHORIZATION
SEC. 6. Opposition to Petition. - Any person who TO PURCHASE A NOTARIAL SEAL chan robles
has any cause or reason to object to the grant of virtual law library
the petition may file a verified written opposition
thereto. The opposition must be received by the This is to authorize (name of notary public) of (city
Executive Judge before the date of the summary or province) who was commissioned by the
hearing. chan robles virtual law library undersigned as a notary public, within and for the
said jurisdiction, for a term ending, the thirty-first
SEC. 7. Form of Notarial Commission. - The of December (year) to purchase a notarial
commissioning of a notary public shall be in a seal.chanrobles virtual law library chan robles
formal order signed by the Executive Judge virtual law library
substantially in the following form:
Issued this (day) of (month) (year).
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF ______________ ________________________
Executive Judge
This is to certify that (name of notary public) of
(regular place of work or business) in (city or
province) was on this (date) day of (month) two SEC. 10. Official Seal of Notary Public. - Every
thousand and (year) commissioned by the person commissioned as notary public shall have
undersigned as a notary public, within and for the only one official seal of office in accordance with
said jurisdiction, for a term ending the thirty-first these Rules.
day of December (year) chan robles virtual law
library SEC. 11. Jurisdiction and Term. - A person
commissioned as notary public may perform
________________________ notarial acts in any place within the territorial
Executive Judge jurisdiction of the commissioning court for a
period of two (2) years commencing the first day
SEC. 8. Period Of Validity of Certificate of of January of the year in which the commissioning
Authorization to Purchase a Notarial Seal. - The is made, unless earlier revoked or the notary
Certificate of Authorization to Purchase a Notarial public has resigned under these Rules and the
Seal shall be valid for a period of three (3) months Rules of Court. chan robles virtual law library
from date of issue, unless extended by the
Executive Judge. SEC. 12. Register of Notaries Public. - The
Executive Judge shall keep and maintain a Register (6) any other act authorized by these Rules.
of Notaries Public in his jurisdiction which shall
contain, among others, the dates of issuance or (b) A notary public is authorized to certify the
revocation or suspension of notarial commissions, affixing of a signature by thumb or other mark on
and the resignation or death of notaries public. an instrument or document presented for
The Executive Judge shall furnish the Office of the notarization if:
Court Administrator information and data
recorded in the register of notaries public. The (1) the thumb or other mark is affixed in the
Office of the Court Administrator shall keep a presence of the notary public and of two (2)
permanent, complete and updated database of disinterested and unaffected witnesses to the
such records. chan robles virtual law library instrument or document;
(2) both witnesses sign their own names in
SEC. 13. Renewal of Commission. - A notary public addition to the thumb or other mark;
may file a written application with the Executive (3) the notary public writes below the thumb or
Judge for the renewal of his commission within other mark: "Thumb or Other Mark affixed by
forty-five (45) days before the expiration thereof. (name of signatory by mark) in the presence of
A mark, image or impression of the seal of the (names and addresses of witnesses) and
notary public shall be attached to the undersigned notary public"; and chan robles
application.cralaw virtual law library
(4) the notary public notarizes the signature by
Failure to file said application will result in the thumb or other mark through an acknowledgment,
deletion of the name of the notary public in the jurat, or signature witnessing.
register of notaries public.cralaw
(c) A notary public is authorized to sign on behalf
The notary public thus removed from the Register of a person who is physically unable to sign or
of Notaries Public may only be reinstated therein make a mark on an instrument or document if:
after he is issued a new commission in accordance
with these Rules. chan robles virtual law library (1) the notary public is directed by the person
unable to sign or make a mark to sign on his
SEC. 14. Action on Application for Renewal of behalf;
Commission. - The Executive Judge shall, upon (2) the signature of the notary public is affixed in
payment of the application fee mentioned in the presence of two disinterested and unaffected
Section 3 above of this Rule, act on an application witnesses to the instrument or document;
for the renewal of a commission within thirty (30) (3) both witnesses sign their own names ;
days from receipt thereof. If the application is (4) the notary public writes below his signature:
denied, the Executive Judge shall state the reasons “Signature affixed by notary in presence of (names
therefor.cralaw and addresses of person and two [2] witnesses)”;
and
RULE IV (5) the notary public notarizes his signature by
POWERS AND LIMITATIONS OF NOTARIES PUBLIC acknowledgment or jurat.

SECTION 1. Powers. - (a) A notary public is SEC. 2. Prohibitions. - (a) A notary public shall not
empowered to perform the following notarial acts: perform a notarial act outside his regular place of
work or business; provided, however, that on
(1) acknowledgments; certain exceptional occasions or situations, a
(2) oaths and affirmations; notarial act may be performed at the request of
(3) jurats; chan robles virtual law library the parties in the following sites located within his
(4) signature witnessings; territorial jurisdiction: chan robles virtual law
(5) copy certifications; and library
 reasonable doubt as to the former's knowledge of
(1) public offices, convention halls, and similar the consequences of the transaction requiring a
places where oaths of office may be administered; notarial act; and
(2) public function areas in hotels and similar (c) in the notary's judgment, the signatory is not
places for the signing of instruments or documents acting of his or her own free will.
requiring notarization;
(3) hospitals and other medical institutions where SEC. 5. False or Incomplete Certificate. - A notary
a party to an instrument or document is confined public shall not: chan robles virtual law library
for treatment; and
(4) any place where a party to an instrument or (a) execute a certificate containing information
document requiring notarization is under known or believed by the notary to be false.
detention. (b) affix an official signature or seal on a notarial
certificate that is incomplete. chan robles virtual
(b) A person shall not perform a notarial act if the law library
person involved as signatory to the instrument or
document - SEC. 6. Improper Instruments or Documents. - A
notary public shall not notarize:
(1) is not in the notary's presence personally at
the time of the notarization; and (a) a blank or incomplete instrument or document;
(2) is not personally known to the notary public or or chan robles virtual law library
otherwise identified by the notary public through (b) an instrument or document without
competent evidence of identity as defined by appropriate notarial certification.
these Rules. chan robles virtual law library
RULE V
SEC. 3. Disqualifications. - A notary public is FEES OF NOTARY PUBLIC
disqualified from performing a notarial act if he: SECTION 1. Imposition and Waiver of Fees. - For
performing a notarial act, a notary public may
(a) is a party to the instrument or document that charge the maximum fee as prescribed by the
is to be notarized; chan robles virtual law library Supreme Court unless he waives the fee in whole
(b) will receive, as a direct or indirect result, any or in part.
commission, fee, advantage, right, title, interest, chan robles virtual law library
cash, property, or other consideration, except as SEC. 2. Travel Fees and Expenses. - A notary public
provided by these Rules and by law; or may charge travel fees and expenses separate and
(c) is a spouse, common-law partner, ancestor, apart from the notarial fees prescribed in the
descendant, or relative by affinity or consanguinity preceding section when traveling to perform a
of the principal within the fourth civil degree. chan notarial act if the notary public and the person
robles virtual law library requesting the notarial act agree prior to the
travel.cralaw
SEC. 4. Refusal to Notarize. - A notary public shall
not perform any notarial act described in these SEC. 3. Prohibited Fees. – No fee or compensation
Rules for any person requesting such an act even if of any kind, except those expressly prescribed and
he tenders the appropriate fee specified by these allowed herein, shall be collected or received for
Rules if: any notarial service.cralaw

(a) the notary knows or has good reason to SEC. 4. Payment or Refund of Fees. - A notary
believe that the notarial act or transaction is public shall not require payment of any fees
unlawful or immoral; specified herein prior to the performance of a
(b) the signatory shows a demeanor which notarial act unless otherwise agreed upon. chan
engenders in the mind of the notary public robles virtual law library
 following: chan robles virtual law library
Any travel fees and expenses paid to a notary
public prior to the performance of a notarial act (1) the entry number and page number; chan
are not subject to refund if the notary public had robles virtual law library
already traveled but failed to complete in whole or (2) the date and time of day of the notarial act;
in part the notarial act for reasons beyond his (3) the type of notarial act; chan robles virtual law
control and without negligence on his part.cralaw library
(4) the title or description of the instrument,
SEC. 5. Notice of Fees. - A notary public who document or proceeding;
charges a fee for notarial services shall issue a (5) the name and address of each principal; chan
receipt registered with the Bureau of Internal robles virtual law library
Revenue and keep a journal of notarial fees. He (6) the competent evidence of identity as defined
shall enter in the journal all fees charged for by these Rules if the signatory is not
services rendered. chan robles virtual law library personally known to the notary; chan robles virtual
law library
A notary public shall post in a conspicuous place in (7) the name and address of each credible witness
his office a complete schedule of chargeable swearing to or affirming the person's identity;
notarial fees.cralaw (8) the fee charged for the notarial act;
(9) the address where the notarization was
RULE VI performed if not in the notary's regular place of
NOTARIAL REGISTER work or business; and
(10) any other circumstance the notary public may
SECTION 1. Form of Notarial Register. - (a) A deem of significance or relevance.
notary public shall keep, maintain, protect and
provide for lawful inspection as provided in these (b) A notary public shall record in the notarial
Rules, a chronological official notarial register of register the reasons and circumstances for not
notarial acts consisting of a permanently bound completing a notarial act.
book with numbered pages. chan robles virtual
law library (c) A notary public shall record in the notarial
register the circumstances of any request to
The register shall be kept in books to be furnished inspect or copy an entry in the notarial register,
by the Solicitor General to any notary public upon including the requester's name, address, signature,
request and upon payment of the cost thereof. thumbmark or other recognized identifier, and
The register shall be duly paged, and on the first evidence of identity. The reasons for refusal to
page, the Solicitor General shall certify the number allow inspection or copying of a journal entry shall
of pages of which the book consists.cralaw also be recorded.cralaw

For purposes of this provision, a Memorandum of (d) When the instrument or document is a
Agreement or Understanding may be entered into contract, the notary public shall keep an original
by the Office of the Solicitor General and the Office copy thereof as part of his records and enter in
of the Court Administrator. chan robles virtual law said records a brief description of the substance
library thereof and shall give to each entry a consecutive
number, beginning with number one in each
(b) A notary public shall keep only one active calendar year. He shall also retain a duplicate
notarial register at any given time.cralaw original copy for the Clerk of Court.cralaw

SEC. 2. Entries in the Notarial Register. - (a) For (e) The notary public shall give to each instrument
every notarial act, the notary shall record in the or document executed, sworn to, or acknowledged
notarial register at the time of notarization the before him a number corresponding to the one in
his register, and shall also state on the instrument
or document the page/s of his register on which (1) the person's identity is personally known to the
the same is recorded. No blank line shall be left notary public or proven through competent
between entries.cralaw evidence of identity as defined in these Rules;
(2) the person affixes a signature and thumb or
(f) In case of a protest of any draft, bill of exchange other mark or other recognized identifier, in the
or promissory note, the notary public shall make a notarial register in a separate, dated entry;
full and true record of all proceedings in relation (3) the person specifies the month, year, type of
thereto and shall note therein whether the instrument or document, and name of the
demand for the sum of money was made, by principal in the notarial act or acts sought; and
whom, when, and where; whether he presented (4) the person is shown only the entry or entries
such draft, bill or note; whether notices were specified by him.
given, to whom and in what manner; where the
same was made, when and to whom and where (b) The notarial register may be examined by a law
directed; and of every other fact touching the enforcement officer in the course of an official
same.cralaw investigation or by virtue of a court order.

(g) At the end of each week, the notary public shall (c) If the notary public has a reasonable ground to
certify in his notarial register the number of believe that a person has a criminal intent or
instruments or documents executed, sworn to, wrongful motive in requesting information from
acknowledged, or protested before him; or if the notarial register, the notary shall deny access
none, this certificate shall show this fact.cralaw to any entry or entries therein.cralaw

(h) A certified copy of each month's entries and a SEC. 5. Loss, Destruction or Damage of Notarial
duplicate original copy of any instrument Register. - (a) In case the notarial register is stolen,
acknowledged before the notary public shall, lost, destroyed, damaged, or otherwise rendered
within the first ten (10) days of the month unusable or illegible as a record of notarial acts,
following, be forwarded to the Clerk of Court and the notary public shall, within ten (10) days after
shall be under the responsibility of such officer. If informing the appropriate law enforcement
there is no entry to certify for the month, the agency in the case of theft or vandalism, notify the
notary shall forward a statement to this effect in Executive Judge by any means providing a proper
lieu of certified copies herein required.cralaw receipt or acknowledgment, including registered
mail and also provide a copy or number of any
SEC. 3. Signatures and Thumbmarks. - At the time pertinent police report.cralaw
of notarization, the notary's notarial register shall
be signed or a thumb or other mark affixed by (b) Upon revocation or expiration of a notarial
each: commission, or death of the notary public, the
notarial register and notarial records shall
(a) principal; immediately be delivered to the office of the
(b) credible witness swearing or affirming to the Executive Judge.cralaw
identity of a principal; and
(c) witness to a signature by thumb or other mark, SEC. 6. Issuance of Certified True Copies. - The
or to a signing by the notary public on behalf of a notary public shall supply a certified true copy of
person physically unable to sign. the notarial record, or any part thereof, to any
person applying for such copy upon payment of
SEC. 4. Inspection, Copying and Disposal. - (a) In the legal fees.cralaw
the notary's presence, any person may inspect an
entry in the notarial register, during regular RULE VII
business hours, provided; SIGNATURE AND SEAL OF NOTARY PUBLIC
 the latter shall order the notary public to cause
SECTION 1. Official Signature. – In notarizing a notice of such loss or damage to be published,
paper instrument or document, a notary public once a week for three (3) consecutive weeks, in a
shall: newspaper of general circulation in the city or
province where the notary public is commissioned.
(a) sign by hand on the notarial certificate only the Thereafter, the Executive Judge shall issue to the
name indicated and as appearing on the notary's notary public a new Certificate of Authorization to
commission; chan robles virtual law library Purchase a Notarial Seal.cralaw
(b) not sign using a facsimile stamp or printing
device; and (e) Within five (5) days after the death or
(c) affix his official signature only at the time the resignation of the notary public, or the revocation
notarial act is performed. or expiration of a notarial commission, the official
seal shall be surrendered to the Executive Judge
SEC. 2. Official Seal. - (a) Every person and shall be destroyed or defaced in public during
commissioned as notary public shall have a seal of office hours. In the event that the missing, lost or
office, to be procured at his own expense, which damaged seal is later found or surrendered, it shall
shall not be possessed or owned by any other be delivered by the notary public to the Executive
person. It shall be of metal, circular in shape, two Judge to be disposed of in accordance with this
inches in diameter, and shall have the name of the section. Failure to effect such surrender shall
city or province and the word “Philippines” and his constitute contempt of court. In the event of death
own name on the margin and the roll of attorney's of the notary public, the person in possession of
number on the face thereof, with the words the official seal shall have the duty to surrender it
"notary public" across the center. A mark, image to the Executive Judge.cralaw
or impression of such seal shall be made directly
on the paper or parchment on which the writing SEC. 3. Seal Image. - The notary public shall affix a
appears. single, clear, legible, permanent, and
photographically reproducible mark, image or
(b) The official seal shall be affixed only at the time impression of the official seal beside his signature
the notarial act is performed and shall be clearly on the notarial certificate of a paper instrument or
impressed by the notary public on every page of document.cralaw
the instrument or document notarized. chan
robles virtual law library SEC. 4. Obtaining and Providing Seal. - (a) A vendor
or manufacturer of notarial seals may not sell said
(c) When not in use, the official seal shall be kept product without a written authorization from the
safe and secure and shall be accessible only to the Executive Judge.cralaw
notary public or the person duly authorized by
him. chan robles virtual law library (b) Upon written application and after payment of
the application fee, the Executive Judge may issue
(d) Within five (5) days after the official seal of a an authorization to sell to a vendor or
notary public is stolen, lost, damaged or other manufacturer of notarial seals after verification
otherwise rendered unserviceable in affixing a and investigation of the latter's qualifications. The
legible image, the notary public, after informing Executive Judge shall charge an authorization fee
the appropriate law enforcement agency, shall in the amount of PhP 4,000 for the vendor and PhP
notify the Executive Judge in writing, providing 8,000 for the manufacturer. If a manufacturer is
proper receipt or acknowledgment, including also a vendor, he shall only pay the manufacturer's
registered mail, and in the event of a crime authorization fee.cralaw
committed, provide a copy or entry number of the
appropriate police record. Upon receipt of such (c) The authorization shall be in effect for a period
notice, if found in order by the Executive Judge, of four (4) years from the date of its issuance and
may be renewed by the Executive Judge for a (b) the serial number of the commission of the
similar period upon payment of the authorization notary public;
fee mentioned in the preceding paragraph.cralaw (c) the words "Notary Public" and the province or
city where the notary public is commissioned, the
(d) A vendor or manufacturer shall not sell a seal expiration date of the commission, the office
to a buyer except upon submission of a certified address of the notary public; and
copy of the commission and the Certificate of (d) the roll of attorney's number, the professional
Authorization to Purchase a Notarial Seal issued by tax receipt number and the place and date of
the Executive Judge. A notary public obtaining a issuance thereof, and the IBP membership
new seal as a result of change of name shall number.
present to the vendor or manufacturer a certified
copy of the Confirmation of the Change of Name RULE IX
issued by the Executive Judge.cralaw CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
SECTION 1. Certificate of Authority for a Notarial
(e) Only one seal may be sold by a vendor or Act. - A certificate of authority evidencing the
manufacturer for each Certificate of Authorization authenticity of the official seal and signature of a
to Purchase a Notarial Seal.cralaw notary public shall be issued by the Executive
Judge upon request in substantially the following
(f) After the sale, the vendor or manufacturer shall form: chan robles virtual law library
affix a mark, image or impression of the seal to the
Certificate of Authorization to Purchase a Notarial CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
Seal and submit the completed Certificate to the I, (name, title, jurisdiction of the Executive Judge),
Executive Judge. Copies of the Certificate of certify that (name of notary public), the person
Authorization to Purchase a Notarial Seal and the named in the seal and signature on the attached
buyer's commission shall be kept in the files of the document, is a Notary Public in and for the
vendor or manufacturer for four (4) years after the (City/Municipality/Province) of the Republic of the
sale.cralaw Philippines and authorized to act as such at the
time of the document's notarization.chanrobles
(g) A notary public obtaining a new seal as a result virtual law library chan robles virtual law library
of change of name shall present to the vendor a
certified copy of the order confirming the change IN WITNESS WHEREOF, I have affixed below my
of name issued by the Executive Judge.cralaw signature and seal of this office this (date) day of
(month) (year).chanrobles virtual law library chan
RULE VIII robles virtual law library
NOTARIAL CERTIFICATES _________________
(official signature)
SECTION 1. Form of Notarial Certificate. - The (seal of Executive Judge)
notarial form used for any notarial instrument or
document shall conform to all the requisites RULE X
prescribed herein, the Rules of Court and all other CHANGES OF STATUS OF NOTARY PUBLIC
provisions of issuances by the Supreme Court and SECTION 1. Change of Name and Address. -
in applicable laws. chan robles virtual law library
Within ten (10) days after the change of name of
SEC. 2. Contents of the Concluding Part of the the notary public by court order or by marriage, or
Notarial Certificate. – The notarial certificate shall after ceasing to maintain the regular place of work
include the following: or business, the notary public shall submit a signed
and dated notice of such fact to the Executive
(a) the name of the notary public as exactly Judge.
indicated in the commission;
The notary public shall not notarize until: (b) In addition, the Executive Judge may revoke the
commission of, or impose appropriate
(a) he receives from the Executive Judge a administrative sanctions upon, any notary public
confirmation of the new name of the notary public who:
and/or change of regular place of work or
business; and (1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his
(b) a new seal bearing the new name has been notarial register concerning his notarial acts;
obtained. (3) fails to send the copy of the entries to the
Executive Judge within the first ten (10) days of
The foregoing notwithstanding, until the the month following;
aforementioned steps have been completed, the (4) fails to affix to acknowledgments the date of
notary public may continue to use the former expiration of his commission;
name or regular place of work or business in (5) fails to submit his notarial register, when filled,
performing notarial acts for three (3) months from to the Executive Judge;
the date of the change, which may be extended (6) fails to make his report, within a reasonable
once for valid and just cause by the Executive time, to the Executive Judge concerning the
Judge for another period not exceeding three (3) performance of his duties, as may be required by
months. the judge;
(7) fails to require the presence of a principal at
SEC. 2. Resignation. - A notary public may resign the time of the notarial act;
his commission by personally submitting a written, (8) fails to identify a principal on the basis of
dated and signed formal notice to the Executive personal knowledge or competent evidence;
Judge together with his notarial seal, notarial (9) executes a false or incomplete certificate under
register and records. Effective from the date Section 5, Rule IV;
indicated in the notice, he shall immediately cease (10) knowingly performs or fails to perform any
to perform notarial acts. In the event of his other act prohibited or mandated by these Rules;
incapacity to personally appear, the submission of and
the notice may be performed by his duly (11) commits any other dereliction or act which in
authorized representative.cralaw the judgment of the Executive Judge constitutes
good cause for revocation of commission or
SEC. 3. Publication of Resignation. - The Executive imposition of administrative sanction.
Judge shall immediately order the Clerk of Court to
post in a conspicuous place in the offices of the (c) Upon verified complaint by an interested,
Executive Judge and of the Clerk of Court the affected or aggrieved person, the notary public
names of notaries public who have resigned their shall be required to file a verified answer to the
notarial commissions and the effective dates of complaint. If the answer of the notary public is
their resignation.cralaw not satisfactory, the Executive Judge shall conduct
a summary hearing. If the allegations of the
RULE XI complaint are not proven, the complaint shall be
REVOCATION OF COMMISSION AND DISCIPLINARY dismissed. If the charges are duly established, the
SANCTIONS Executive Judge shall impose the appropriate
administrative sanctions. In either case, the
SECTION 1. Revocation and Administrative aggrieved party may appeal the decision to the
Sanctions. - (a) The Executive Judge shall revoke a Supreme Court for review. Pending the appeal, an
notarial commission for any ground on which an order imposing disciplinary sanctions shall be
application for a commission may be denied. chan immediately executory, unless otherwise ordered
robles virtual law library by the Supreme Court.
(d) The Executive Judge may motu proprio initiate
administrative proceedings against a notary public, RULE XIII
subject to the procedures prescribed in paragraph REPEALING AND EFFECTIVITY PROVISIONS
(c) above and impose the appropriate
administrative sanctions on the grounds SECTION 1. Repeal. - All rules and parts of rules,
mentioned in the preceding paragraphs (a) and including issuances of the Supreme Court
(b).cralaw inconsistent herewith, are hereby repealed or
accordingly modified. chan robles virtual law
SEC. 2. Supervision and Monitoring of Notaries library
Public. - The Executive Judge shall at all times
exercise supervision over notaries public and shall SEC. 2. Effective Date. - These Rules shall take
closely monitor their activities. chan robles virtual effect on the first day of August 2004, and shall be
law library published in a newspaper of general circulation in
the Philippines which provides sufficiently wide
SEC. 3. Publication of Revocations and circulation.
Administrative Sanctions. - The Executive Judge Promulgated this 6th day of July, 2004. chan robles
shall immediately order the Clerk of Court to post virtual law library
in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court the Davide, Jr. C.J., Puno, Vitug, Panganiban,
names of notaries public who have been Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez,
administratively sanctioned or whose notarial Carpio, Austria-Martinez, Corona, Carpio-Morales,
commissions have been revoked.cralaw Callejo, Sr., Azcuna and Tinga, JJ.cralaw

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

dies before fulfilling the obligations in Section 4(e),
Rule VI and Section 2(e), Rule VII, the Executive
Judge, upon being notified of such death, shall
forthwith cause compliance with the provisions of
these sections. chan robles virtual law library

RULE XII
SPECIAL PROVISIONS

SECTION 1. Punishable Acts. - The Executive Judge

shall cause the prosecution of any person who:

(a) knowingly acts or otherwise impersonates a

notary public; chan robles virtual law library
(b) knowingly obtains, conceals, defaces, or
destroys the seal, notarial register, or official
records of a notary public; and
(c) knowingly solicits, coerces, or in any way
influences a notary public to commit official
misconduct.

SEC 2. Reports to the Supreme Court. - The

Executive Judge concerned shall submit semestral
reports to the Supreme Court on discipline and
prosecution of notaries public.