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