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2004 Notarial Practice Rules Overview

This document contains the 2004 Rules on Notarial Practice approved by the Supreme Court of the Philippines. It defines key terms related to notarial acts like acknowledgment, jurat, notarial certificate, notary public, and others. It also outlines rules regarding the implementation of notarial practices, qualifications and appointment of notaries public, and their duties and responsibilities.

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0% found this document useful (0 votes)
145 views6 pages

2004 Notarial Practice Rules Overview

This document contains the 2004 Rules on Notarial Practice approved by the Supreme Court of the Philippines. It defines key terms related to notarial acts like acknowledgment, jurat, notarial certificate, notary public, and others. It also outlines rules regarding the implementation of notarial practices, qualifications and appointment of notaries public, and their duties and responsibilities.

Uploaded by

NiccaP
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

A.M. No.

02-8-13-SC 
2004 Rules on Notarial Practice 
 
 
RESOLUTION


(c) compares the instrument or document with the copy; and 


Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial Practice of 2004 (d) determines that the copy is accurate and complete.
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 SEC. 5. Notarial Register. - “Notarial Register” refers to a permanently bound book with numbered pages
Committees on Revision of the Rules of Court and on Legal Education and Bar Matters, the Court containing a chronological record of notarial acts performed by a notary public.
Resolved to APPROVE the proposed Rules on Notarial Practice of 2004, with modifications, thus:
SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a single occasion:
2004 RULES ON NOTARIAL PRACTICE
(a) appears in person before the notary public and presents an instrument or document; 

RULE I 
IMPLEMENTATION
(b) is personally known to the notary public or identified by the notary public through competent
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial Practice. evidence of identity as defined by these Rules;

SEC. 2. Purposes. - These Rules shall be applied and construed to advance the following purposes: (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.
(a) to promote, serve, and protect public interest;

(b) to simplify, clarify, and modernize the rules governing notaries public; and 
(c) to foster ethical SEC. 7. Notarial Act and Notarization. - “Notarial Act” and “Notarization” refer to any act that a notary
conduct among notaries public. public is empowered to perform under these Rules.

SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in the singular SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the part of, or attachment to, a notarized
include the plural, and words in the plural include the singular. 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.
RULE II 
DEFINITIONS
SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary” refer to any person commissioned to
SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in which an individual on a single perform official acts under these Rules.
occasion:

(a) appears in person before the notary public and presents an integrally complete instrument or SEC. 10. Principal. - “Principal” refers to a person appearing before the notary public whose act is the
document; 
 subject of notarization.


(b) is attested to be personally known to the notary public or identified by the notary public through SEC. 11. Regular Place of Work or Business. - The term “regular place of work or business” refers to a
competent evidence of identity as defined by these Rules; and – stationary office in the city or province wherein the notary public renders legal and notarial services.

(c) represents to the notary public that the signature on the instrument or document was voluntarily SEC. 12. Competent Evidence of Identity. - The phrase “competent evidence of identity” refers to the
affixed by him for the purposes stated in the instrument or document, declares that he has executed the identification of an individual based on:
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. (a) at least one current identification document issued by an official agency bearing the photograph and
signature of the individual; or
SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath” refers to an act in which an individual
on a single occasion: (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
(a) appears in person before the notary public; witnesses neither of whom is privy to the instrument, document or transaction who each personally knows

(b) is personally known to the notary public or identified by the notary public through competent the individual and shows to the notary public documentary identification.
evidence of identity as defined by these Rules; and
SEC. 13. Official Seal or Seal. - “Official seal” or “Seal” refers to a device for affixing a mark, image or

(c) avows under penalty of law to the whole truth of the contents of the instrument or document. impression on all papers officially signed by the notary public conforming the requisites prescribed by
these Rules.
SEC. 3. Commission. - “Commission” refers to the grant of authority to perform notarial acts and to the
written evidence of the authority. SEC. 14. Signature Witnessing. - The term “signature witnessing” refers to a notarial act in which an
individual on a single occasion:
SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act in which a notary public:
(a) appears in person before the notary public and presents an instrument or document; 

(a) is presented with an instrument or document that is neither a vital record, a public record, nor publicly
recordable; 
 (b) is personally known to the notary public or identified by the notary public through competent evidence
of identity as defined by these Rules; and
(b) copies or supervises the copying of the instrument or document; 

(c) signs the instrument or document in the presence of the notary public. (c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully
understood these Rules.
SEC. 15. Court. - “Court” refers to the Supreme Court of the Philippines.
The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a
SEC. 16. Petitioner. - “Petitioner” refers to a person who applies for a notarial commission. Notarial Seal in favor of the petitioner.

SEC. 5. Notice of Summary Hearing. –


SEC. 17. Office of the Court Administrator. - “Office of the Court Administrator” refers to the Office of
the Court Administrator of the Supreme Court. (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.
SEC. 18. Executive Judge. - “Executive Judge” refers to the Executive Judge of the Regional Trial Court The notice may include more than one petitioner. 
 

of a city or province who issues a notarial commission.
(b) The notice shall be substantially in the following form:

SEC. 19. Vendor. - “Vendor” under these Rules refers to a seller of a notarial seal and shall include a NOTICE OF HEARING
wholesaler or retailer. 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
SEC. 20. Manufacturer. - “Manufacturer” under these Rules refers to one who produces a notarial seal object to the grant of the petition may file a verified written opposition thereto, received by the
and shall include an engraver and seal maker. undersigned before the date of the summary hearing.

RULE III 
COMMISSIONING OF NOTARY PUBLIC _____________________ 
Executive Judge

SECTION 1. Qualifications. - A notarial commission may be issued by an Executive Judge to any SEC. 6. Opposition to Petition. - Any person who has any cause or reason to object to the grant of the
qualified person who submits a petition in accordance with these Rules. petition may file a verified written opposition thereto. The opposition must be received by the Executive
Judge before the date of the summary hearing.
To be eligible for commissioning as notary public, the petitioner:
(1) must be a citizen of the Philippines; SEC. 7. Form of Notarial Commission. - The commissioning of a notary public shall be in a formal order
(2) must be over twenty-one (21) years of age; signed by the Executive Judge substantially in the following form:
(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; REPUBLIC OF THE PHILIPPINES
(4) must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar REGIONAL TRIAL COURT OF ______________
Confidant of the Supreme Court and the Integrated Bar of the Philippines; and (5) must not have been This is to certify that (name of notary public) of (regular place of work or business) in (city or
convicted in the first instance of any crime involving moral turpitude. 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-
SEC. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial commission shall first day of December (year)
be in writing, verified, and shall include the following:
________________________ 
Executive Judge
(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 SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate of
number; 
 
 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.
(b) certification of good moral character of the petitioner by at least two (2) executive officers of the local A mark, image or impression of the seal that may be purchased by the notary public pursuant to the
chapter of the Integrated Bar of the Philippines where he is applying for commission; 
 
 Certificate shall be presented to the Executive Judge for approval prior to use.

(c) proof of payment for the filing of the petition as required by these Rules; and 
 
 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:
(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 REPUBLIC OF THE PHILIPPINES
of the photographs. REGIONAL TRIAL COURT OF_____________
SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the application fee as
prescribed in the Rules of Court. CERTIFICATE OF AUTHORIZATION 
TO PURCHASE A NOTARIAL SEAL

SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a summary hearing on the This is to authorize (name of notary public) of (city or province) who was commissioned by the
petition and shall grant the same if: 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.
(a) the petition is sufficient in form and substance; 
 Issued this (day) of (month) (year).
(b) the petitioner proves the allegations contained in the petition; and 
 ________________________ 
Executive Judge 

(1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf; 

SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall have only (2) the signature of the notary public is affixed in the presence of two disinterested and unaffected
one official seal of office in accordance with these Rules. witnesses to the instrument or document; 

(3) both witnesses sign their own names ; 

SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may perform notarial acts in (4) the notary public writes below his signature: “Signature affixed by notary in presence of (names and
any place within the territorial jurisdiction of the commissioning court for a period of two (2) years addresses of person and two [2] witnesses)”; and 

commencing the first day of January of the year in which the commissioning is made, unless earlier (5) the notary public notarizes his signature by acknowledgment or jurat.
revoked or the notary public has resigned under these Rules and the Rules of Court.
SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular place of
SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a Register of work or business; provided, however, that on certain exceptional occasions or situations, a notarial act
Notaries Public in his jurisdiction which shall contain, among others, the dates of issuance or revocation or may be performed at the request of the parties in the following sites located within his territorial
suspension of notarial commissions, and the resignation or death of notaries public. The Executive Judge jurisdiction:
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 (1) public offices, convention halls, and similar places where oaths of office may be administered; 

such records. (2) public function areas in hotels and similar places for the signing of instruments or documents
requiring notarization; 

SEC. 13. Renewal of Commission. - A notary public may file a written application with the Executive (3) hospitals and other medical institutions where a party to an instrument or document is confined for
Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. A mark, treatment; and 

image or impression of the seal of the notary public shall be attached to the application. (4) any place where a party to an instrument or document requiring notarization is under detention.

Failure to file said application will result in the deletion of the name of the notary public in the register of (b) A person shall not perform a notarial act if the person involved as signatory to the instrument or
notaries public. document –

The notary public thus removed from the Register of Notaries Public may only be reinstated therein after (1) is not in the notary's presence personally at the time of the notarization; and 
(2) is not personally
he is issued a new commission in accordance with these Rules. known to the notary public or otherwise identified by the notary public through competent evidence of
identity as defined by these Rules.
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 SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he:
commission within thirty (30) days from receipt thereof. If the application is denied, the Executive Judge (a) is a party to the instrument or document that is to be notarized;
shall state the reasons therefor. (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
RULE IV 
POWERS AND LIMITATIONS OF NOTARIES PUBLIC principal within the fourth civil degree.

SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial acts: 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:
(1) acknowledgments; 

(2) oaths and affirmations; 
 (a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or
(3) jurats; immoral; 

(4) signature witnessings; 
 (b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as
(5) copy certifications; and 
 to the former's knowledge of the consequences of the transaction requiring a notarial act; and 

(6) any other act authorized by these Rules. (c) in the notary's judgment, the signatory is not acting of his or her own free will.

(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an SEC. 5. False or Incomplete Certificate. - A notary public shall not:
instrument or document presented for notarization if:
(a) execute a certificate containing information known or believed by the notary to be false. (b) affix an
(1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and official signature or seal on a notarial certificate that is incomplete.
unaffected witnesses to the instrument or document; 

(2) both witnesses sign their own names in addition to the thumb or other mark; 
 SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:
(3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of (a) a blank or incomplete instrument or document; or
signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public"; (b) an instrument or document without appropriate notarial certification.
and

(4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, RULE V
or signature witnessing. FEES OF NOTARY PUBLIC

(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act, a notary public may charge
mark on an instrument or document if: the maximum fee as prescribed by the Supreme Court unless he waives the fee in whole or in part. 

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 (d) When the instrument or document is a contract, the notary public shall keep an original copy thereof as
the notary public and the person requesting the notarial act agree prior to the travel. 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
SEC. 3. Prohibited Fees. – No fee or compensation of any kind, except those expressly prescribed and duplicate original copy for the Clerk of Court.
allowed herein, shall be collected or received for any notarial service.
(e) The notary public shall give to each instrument or document executed, sworn to, or acknowledged
SEC. 4. Payment or Refund of Fees. - A notary public shall not require payment of any fees specified before him a number corresponding to the one in his register, and shall also state on the instrument or
herein prior to the performance of a notarial act unless otherwise agreed upon. document the page/s of his register on which the same is recorded. No blank line shall be left between
entries.
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 (f) In case of a protest of any draft, bill of exchange or promissory note, the notary public shall make a full
notarial act for reasons beyond his control and without negligence on his part. 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;
SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall issue a receipt whether notices were given, to whom and in what manner; where the same was made, when and to whom
registered with the Bureau of Internal Revenue and keep a journal of notarial fees. He shall enter in the and where directed; and of every other fact touching the same.
journal all fees charged for services rendered.
(g) At the end of each week, the notary public shall certify in his notarial register the number of
A notary public shall post in a conspicuous place in his office a complete schedule of chargeable notarial instruments or documents executed, sworn to, acknowledged, or protested before him; or if none, this
fees. certificate shall show this fact.

RULE VI 
NOTARIAL REGISTER (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
SECTION 1. Form of Notarial Register. - (a) A notary public shall keep, maintain, protect and provide for Clerk of Court and shall be under the responsibility of such officer. If there is no entry to certify for the
lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts month, the notary shall forward a statement to this effect in lieu of certified copies herein required.
consisting of a permanently bound book with numbered pages.
SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial register shall be
The register shall be kept in books to be furnished by the Solicitor General to any notary public upon signed or a thumb or other mark affixed by each:
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. (a) principal; 

(b) credible witness swearing or affirming to the identity of a principal; and 

For purposes of this provision, a Memorandum of Agreement or Understanding may be entered into by the (c) witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a
Office of the Solicitor General and the Office of the Court Administrator. person physically unable to sign.

(b) A notary public shall keep only one active notarial register at any given time. SEC. 4. Inspection, Copying and Disposal. –
(a) In the notary's presence, any person may inspect an entry in the notarial register, during regular
SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the notary shall record in the notarial business hours, provided;
register at the time of notarization the following:
(1) the person's identity is personally known to the notary public or proven through competent evidence of
(1) the entry number and page number; identity as defined in these Rules; 

(2) the date and time of day of the notarial act; 
 (2) the person affixes a signature and thumb or other mark or other recognized identifier, in the notarial
(3) the type of notarial act; register in a separate, dated entry; 

(4) the title or description of the instrument, document or proceeding; 
 (3) the person specifies the month, year, type of instrument or document, and name of the principal in the
(5) the name and address of each principal; notarial act or acts sought; and 


(6) the competent evidence of identity as defined by these Rules if the signatory is not 
personally (4) the person is shown only the entry or entries specified by him.
known to the notary;

(7) the name and address of each credible witness swearing to or affirming the person's identity; 
(8) (b) The notarial register may be examined by a law enforcement officer in the course of an official
the fee charged for the notarial act; 
(9) the address where the notarization was performed if not in the investigation or by virtue of a court order.
notary's regular place of work or business; and 
(10) any other circumstance the notary public may deem (c) If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful
of significance or relevance. motive in requesting information from the notarial register, the notary shall deny access to any entry or
entries therein.
(b) A notary public shall record in the notarial register the reasons and circumstances for not completing a
notarial act. 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
(c) A notary public shall record in the notarial register the circumstances of any request to inspect or copy illegible as a record of notarial acts, the notary public shall, within ten (10) days after informing the
an entry in the notarial register, including the requester's name, address, signature, thumbmark or other appropriate law enforcement agency in the case of theft or vandalism, notify the Executive Judge by any
recognized identifier, and evidence of identity. The reasons for refusal to allow inspection or copying of a means providing a proper receipt or acknowledgment, including registered mail and also provide a copy or
journal entry shall also be recorded. number of any pertinent police report.
authorization to sell to a vendor or manufacturer of notarial seals after verification and investigation of the
(b) Upon revocation or expiration of a notarial commission, or death of the notary public, the notarial latter's qualifications. The Executive Judge shall charge an authorization fee in the amount of PhP 4,000
register and notarial records shall immediately be delivered to the office of the Executive Judge. 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.
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. (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
RULE VII 
SIGNATURE AND SEAL OF NOTARY PUBLIC in the preceding paragraph.

SECTION 1. Official Signature. – In notarizing a paper instrument or document, a notary public shall: (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
(a) sign by hand on the notarial certificate only the name indicated and as appearing on the notary's Judge. A notary public obtaining a new seal as a result of change of name shall present to the vendor or
commission; manufacturer a certified copy of the Confirmation of the Change of Name issued by the Executive Judge.


(b) not sign using a facsimile stamp or printing device; and 
(c) affix his official signature only at the (e) Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to
time the notarial act is performed. Purchase a Notarial Seal.

SEC. 2. Official Seal. – (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
(a) Every person commissioned as notary public shall have a seal of office, to be procured at his own Executive Judge. Copies of the Certificate of Authorization to Purchase a Notarial Seal and the buyer's
expense, which shall not be possessed or owned by any other person. It shall be of metal, circular in shape, commission shall be kept in the files of the vendor or manufacturer for four (4) years after the sale.
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 (g) A notary public obtaining a new seal as a result of change of name shall present to the vendor a
public" across the center. A mark, image or impression of such seal shall be made directly on the paper or certified copy of the order confirming the change of name issued by the Executive Judge.
parchment on which the writing appears.
RULE VIII 
NOTARIAL CERTIFICATES
(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. 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
(c) When not in use, the official seal shall be kept safe and secure and shall be accessible only to the of issuances by the Supreme Court and in applicable laws.
notary public or the person duly authorized by him.
SEC. 2. Contents of the Concluding Part of the Notarial Certificate. – The notarial certificate shall include
(d) Within five (5) days after the official seal of a notary public is stolen, lost, damaged or other otherwise the following:
rendered unserviceable in affixing a legible image, the notary public, after informing the appropriate law (a) the name of the notary public as exactly indicated in the commission; 
(b) the serial number of the
enforcement agency, shall notify the Executive Judge in writing, providing proper receipt or commission of the notary public; 
(c) the words "Notary Public" and the province or city where the
acknowledgment, including registered mail, and in the event of a crime committed, provide a copy or notary public is commissioned, the expiration date of the commission, the office address of the notary
entry number of the appropriate police record. Upon receipt of such notice, if found in order by the public; and 
(d) the roll of attorney's number, the professional tax receipt number and the place and date
Executive Judge, the latter shall order the notary public to cause notice of such loss or damage to be of issuance thereof, and the IBP membership number.
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 RULE IX
notary public a new Certificate of Authorization to Purchase a Notarial Seal. CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

(e) Within five (5) days after the death or resignation of the notary public, or the revocation or expiration SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authority evidencing the
of a notarial commission, the official seal shall be surrendered to the Executive Judge and shall be authenticity of the official seal and signature of a notary public shall be issued by the Executive Judge
destroyed or defaced in public during office hours. In the event that the missing, lost or damaged seal is upon request in substantially the following form:
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 CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
the event of death of the notary public, the person in possession of the official seal shall have the duty to I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public), the person
surrender it to the Executive Judge. 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
SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent, and time of the document's notarization.
photographically reproducible mark, image or impression of the official seal beside his signature on the
notarial certificate of a paper instrument or document. IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) day
of (month) (year).
SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals may not sell said 
_________________ 
 (official signature) 
(seal of Executive Judge)
product without a written authorization from the Executive Judge.
RULE X
(b) Upon written application and after payment of the application fee, the Executive Judge may issue an CHANGES OF STATUS OF NOTARY PUBLIC
sanctions on the grounds mentioned in the preceding paragraphs (a) and (b).
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 SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all times exercise
ceasing to maintain the regular place of work or business, the notary public shall submit a signed and supervision over notaries public and shall closely monitor their activities.
dated notice of such fact to the Executive Judge.
The notary public shall not notarize until:
SEC. 3. Publication of Revocations and Administrative Sanctions. - The Executive Judge shall
(a) he receives from the Executive Judge a confirmation of the new name of the notary public and/or immediately order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge
change of regular place of work or business; and 
 and of the Clerk of Court the names of notaries public who have been administratively sanctioned or
whose notarial commissions have been revoked.
(b) a new seal bearing the new name has been obtained.
The foregoing notwithstanding, until the aforementioned steps have been completed, the notary public SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling the obligations in Section 4(e),
may continue to use the former name or regular place of work or business in performing notarial acts for Rule VI and Section 2(e), Rule VII, the Executive Judge, upon being notified of such death, shall
three (3) months from the date of the change, which may be extended once for valid and just cause by the forthwith cause compliance with the provisions of these sections.
Executive Judge for another period not exceeding three (3) months.
RULE XII 
SPECIAL PROVISIONS
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 SECTION 1. Punishable Acts. - The Executive Judge shall cause the prosecution of any person who:
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 (a) knowingly acts or otherwise impersonates a notary public;
his duly authorized representative. (b) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a
notary public; and 

SEC. 3. Publication of Resignation. - The Executive Judge shall immediately order the Clerk of Court to (c) knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct.
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. 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 XI 
REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS
RULE XIII 
REPEALING AND EFFECTIVITY PROVISIONS
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. SECTION 1. Repeal. - All rules and parts of rules, including issuances of the Supreme Court inconsistent
herewith, are hereby repealed or accordingly modified.
(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative
sanctions upon, any notary public who: 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
(1) fails to keep a notarial register; 
 circulation.
(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; 
 Promulgated this 6th day of July, 2004.
(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 Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez, Carpio,
of his duties, as may be required by the judge; 
 Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.
(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

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