You are on page 1of 24

Republic of the Philippines SUPREME COURT Manila A.M. No.

02-8-13-SC February 19, 2008

RE: 2004 RULES ON NOTARIAL PRACTICE The Court Resolved, upon the recommendation of the Sub Committee on the Revision of the Rules Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules on Notarial Practice, to wit: Sirs/Mesdames: Quoted hereunder, for your information, is a resolution of the Court En Banc dated February 19, 2008. "A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. The Court Resolved, upon the recommendation of the Sub Committee on the Revision of the Rules Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules on Notarial Practice, to wit: Rule II DEFINITIONS xxx "Sec. 12. Component Evidence of Identity. The phrase "competent evidence of identity" refers to the identification of an individual based on: (a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual, such as but not limited to, passport, drivers license, Professional Regulations Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voters ID, Barangay certification, Government Service and Insurance System (GSIS) e-card, Social Security System (SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID, seamans book, alien certificate of registration/immigrant certificate of registration, government office ID, certification from the National Council for the Welfare of Disable Persons (NCWDP), Department of Social Welfare and Development (DSWD) certification; or (b) xxxx." Quisumbing, J., on official leave. Ynares-Santiago, J., on leave.

(adv127a)

Very truly yours. MA. LUISA D. VILLARAMA (sgd) Clerk of Court 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: 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: (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: (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: (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: (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. 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: (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.

SEC. 17. Office of the Court Administrator. - Office of the Court Administrator refers to the Office of the Court Administrator of the Supreme Court. 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. 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: (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: (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: (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: 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.chan 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: REPUBLIC OF THE REGIONAL TRIAL COURT OF ______________ PHILIPPINES

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. 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:

REPUBLIC OF THE REGIONAL TRIAL COURT OF_____________chan robles virtual law library CERTIFICATE OF TO PURCHASE A NOTARIAL SEALchan robles virtual law library

PHILIPPINES

AUTHORIZATION

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.chan 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. Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public. 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. RULE IV POWERS AND LIMITATIONS OF NOTARIES PUBLIC SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial acts: (1) (2) oaths (3) jurats;chan robles (4) signature (5) copy (6) any other act authorized by these Rules. acknowledgments; affirmations;
law library

and
virtual

certifications;

witnessings; and

(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: (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"; and chan 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: (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: (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: (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: (a) a blank or incomplete instrument or document; orchan robles virtual law (b) an instrument or document without appropriate notarial certification. RULE V FEES OF NOTARY PUBLIC

library

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. 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. 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. 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. 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. 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. 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. (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. (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.

(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. (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. (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. 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: (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. 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.

(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. 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. RULE VII SIGNATURE AND SEAL OF NOTARY PUBLIC SECTION 1. Official Signature. In notarizing a paper instrument or document, a notary public shall: (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.

(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. 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. 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. (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. (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. (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. (e) Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to Purchase a Notarial 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 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. (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.

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: (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.chan robles virtual law library IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) day of (month) (year).chan 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: (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. 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. 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: (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). 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. 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. 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, SandovalGutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.

lawphil

Today is Sunday, October 16, 2011

Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. 177898 August 13, 2008

SIGMA HOMEBUILDING CORPORATION, petitioner, vs. INTER-ALIA MANAGEMENT CORPORATION, DEVELOPMENT BANK OF RIZAL, INTERCON FUND RESOURCES CORPORATION, HASTING REALTY and DEVELOPMENT CORPORATION and REGISTER OF DEEDS for the PROVINCE of CAVITE, respondents. RESOLUTION CORONA, J.: Petitioner Sigma Homebuilding Corporation filed a complaint for annulment of sale, cancellation of titles, reconveyance and damages1 against respondents, namely, Inter Alia Management Corporation (Inter-Alia), Intercon Fund Resources Corporation (Intercon), Hasting Realty and Development Corporation (Hasting),2 Development Bank of Rizal (DBR)3 and the Register of Deeds of the Province of Cavite, in the Regional Trial Court (RTC) of Trece Martires City, Cavite, Branch 23. Petitioner alleged that its real properties4 in Tanza, Cavite were sold by its assistant vice-president, Augusto S. Parcero, to Inter-Alia without its knowledge and consent and without the requisite board resolution authorizing the same. Inter-Alia, in turn, sold them to DBR. DBR then sold the same to Intercon which conveyed them to Hasting. Summonses were served on all respondents, except Inter-Alia as it no longer held office at its given address. For its part, Hasting filed a motion to dismiss on the ground that the complaint stated no cause of action, among others. It stated that the annotations in petitioners cancelled TCTs (which were attached to the complaint) clearly showed that

Parcero was authorized to sell the lots to Inter-Alia. Also attached to the complaint were the duly notarized deed of absolute sale (signed and executed by Parcero, in representation of petitioner) and the acknowledged receipt of the total consideration in the amount of P1,522,920.00. Hasting went on to allege that, based on the complaint, petitioner might not even be a real party in interest to the subsequent successive transfers of the properties to the different respondents. Thus, it had no cause of action for annulment of sale. In its comment/opposition to Hastings motion to dismiss, petitioner merely insisted that it had a cause of action but did not controvert Hastings material assertions. Respondent Intercon filed an answer.5 The other respondents, however, were not able to file their respective responsive pleadings. Subsequently, in an order dated July 3, 2002, the RTC dismissed the complaint for failure to state a cause of action. It also ruled that the action for reconveyance was not proper since the properties had already passed on to the hands of innocent purchasers in good faith and for value. Petitioner moved for reconsideration. It was denied.6 Petitioner appealed to the CA.7 The appellate court affirmed the decision of the court a quo.8 The CA also denied petitioners motion for reconsideration.9 Petitioners petition for review on certiorari in this Court10 was denied for failure to show that the appellate court had committed any reversible error in the assailed judgment.11 Its motion for reconsideration was likewise denied.12 Thereafter, petitioner filed in the CA a petition for annulment of the order dated July 3, 2002 of the RTC on the ground of lack of jurisdiction under Rule 47 of the Rules of Court.13 It argued that the trial court overstepped its boundaries when it dismissed the complaint not only against Hasting but also against the other respondents despite the fact that it was only Hasting that moved for its dismissal. The CA denied the petition outright.14 It held that for an action for annulment of judgment based on lack of jurisdiction to prosper, it was not sufficient that respondent court committed grave abuse of discretion amounting to lack of jurisdiction; petitioner must show that said court absolutely lacked jurisdiction or that it should not have taken cognizance of the case because the law did not vest it with jurisdiction over the subject matter. More importantly, the appellate court found that petitioner had already availed of the remedy of ordinary appeal before the CA and this Court. Having been unsuccessful in its appeal before the CA under Rule 41 and the Supreme Court under Rule 45, petitioner could no longer avail of the petition for annulment of judgment, especially since the issue relied upon in the petition could have been properly raised in its appeal in the CA (as, in fact, it was so raised by petitioner and passed upon by the appellate court in said appeal). The CA denied petitioners motion for reconsideration.15 Undeterred, petitioner filed a petition for review on certiorari in this Court. It was, however, denied on August 8, 2007 for late filing.16 On November 26, 2007, its motion for reconsideration was denied with finality. Thus, the August 8, 2007 resolution became final and executory on January 18, 2008. Entry of judgment was made on April 25, 2008. But petitioner stubbornly refuses to give up. In a letter-appeal dated June 30, 2008,17 it implored this Court to take another hard look at the merits of its case. Petitioner reiterated that it was effectively deprived of its right to due process when the RTC dismissed the complaint against the other respondents. It also pleaded for a liberal interpretation of the rules of procedure.

The letter-appeal is without merit. The letter-appeal is actually in the nature of a second motion for reconsideration which is a prohibited pleading under the Rules of Court.18 Worse, it was filed despite the fact that an entry of judgment had already been made. It was obviously a ruse meant to evade the effects of the final and executory resolutions of this Court. Moreover, even if we were to grant petitioners letter-appeal based on its alleged substantial compliance with the pertinent rules of procedure, the substantive aspect of its arguments left much to be desired. Petitioner cannot successfully argue that the dismissal of the complaint motu proprio against the other respondents effectively deprived it of its right to due process. It must be pointed out that petitioners complaint went to great lengths to trace who the first buyer of its properties was (Inter-Alia) down to the current owner thereof, which is Hasting. As title to the contested properties is now vested in Hasting, there was really no need for petitioner to implead all the other respondents for the successful prosecution of its action for annulment of sale against Hasting. A perusal of the complaint reveals that all the other respondents were not even real parties in interest19 in this case, to begin with. The only real parties in interest in this particular controversy were petitioner and Hasting for they were the only ones who stood to be benefitted or injured, as the case may be, by the judgment in the suit. Furthermore, the CA was correct in holding that, as petitioner had already availed of the remedy of appeal, it could no longer avail of a petition for annulment of judgment. A petition for annulment of judgment is an extraordinary remedy and is not to be granted indiscriminately by the Court. It is allowed only in exceptional cases and cannot be used by a losing party to make a mockery of a duly promulgated decision long final and executory.20 The remedy may not be invoked where the party has availed himself of the remedy of new trial, appeal, petition for relief or other appropriate remedy and lost, or where he has failed to avail himself of those remedies through his own fault or negligence.21 Litigation must end sometime. It is essential to an effective and efficient administration of justice that, once a judgment becomes final, the winning party should not be deprived of the fruits of the verdict. Courts must therefore guard against any scheme calculated to bring about that undesirable result.22 Thus, we deem it fit to finally put an end to the present controversy. WHEREFORE, the letter-appeal is hereby DENIED for lack of merit. Treble costs against petitioner. No further pleadings shall be entertained in this case. SO ORDERED. RENATO C. CORONA Associate Justice

WE CONCUR:

REYNATO S. PUNO Chief Justice Chairperson ANTONIO T. CARPIO Associate Justice ADOLFO S. AZCUNA Associate Justice

TERESITA J. LEONARDO-DE CASTRO Associate Justice

CERTIFICATION Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Courts Division. REYNATO S. PUNO Chief Justice

Footnotes
1

Docketed as Civil Case No. TMCV-0021-02. Also referred to as Hastings in some of the pleadings.

Philippine Deposit Insurance Corporation (PDIC), as receiver of respondent DBR, was named as one of the defendants in petitioners complaint for annulment of sale. However, it was no longer impleaded as a respondent in the petition for review filed in this Court.
4

With an approximate total area of 126,910 sq. m.

It essentially denied the material allegations in the complaint and claimed that it bought the subject realties in good faith.
6

Dated October 25, 2002. Docketed as CA-G.R. CV No. 76928.

Penned by Associate Justice Eliezer R. de los Santos (now retired) and concurred in by Associate Justices Eugenio S. Labitoria (now retired) and Arturo D. Brion (now a member of this Court) of the Former Third Division of the Court of Appeals. Rollo, pp. 120-134. Dated August 10, 2005.
9

Id., p.146. Dated October 20, 2005.

10

Docketed as G.R. No. 170174. Resolution dated February 1, 2006. Dated April 5, 2006. Docketed as CA-G.R. SP No. 98170.

11

12

13

14

Penned by Associate Justice Mariano C. Del Castillo and concurred in by Associate Justices Lucenito N. Tagle (retired) and Romeo F. Barza of the Former Special Seventeenth Division of the Court of Appeals. Rollo, pp. 24-25.
15

Id., p. 27.

16

Petitioner filed a motion for extension of time to file petition for review on certiorari. It was denied in a resolution dated June 18, 2007 for failure of petitioners counsel to submit his IBP O.R. No. showing proof of payment of IBP dues for the current year (as the IBP O.R. No. is dated November 20, 2006) and for submitting an affidavit of service of the motion that fails to comply with the 2004 Rules on Notarial Practice on competent evidence of affiants identity. Petitioner filed a motion for reconsideration of said resolution. Its counsel contended that while his IBP O.R. is dated November 20, 2006, he actually made two (2) payments on said date one for the year 2006 and past years and another for the year 2007. Said counsel admitted his non-compliance with the 2004 Rules on Notarial Practice on competent evidence of affiants identity. However, he explained that the same was due to mere inadvertence on his part and that he subsequently filed a petition for review with due compliance with the rules. Petitioners motion was denied on October 3, 2007.
17

Received by this Court on said date. Rollo, pp. 214-230. Section 4 of Rule 56-B, which pertains to the procedure in the Supreme Court for appealed cases, provides: Sec. 4. Procedure. The appeal shall be governed by and disposed of in accordance with the applicable provisions of the Constitution, laws, Rules 45, 48, sections 1, 2 and 5 to 11 of Rules 51, 52 and this Rule. Reference to Section 2, Rule 52, which governs motions for reconsideration filed in the Court of Appeals and which equally applies to the filing of such a motion in the Supreme Court as explicitly stated in Section 4, Rule 56-B, would reveal that: Sec. 2. Second motion for reconsideration. No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained.

18

19

Section 2, Rule 3 of the Rules of Court defines a real party in interest: Sec. 2. Parties in interest. A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest.

20

Veneracion v. Mancilla, G.R. No. 158238, 20 July 2006, 495 SCRA 712, 724 and Republic v. "G" Holdings, G.R. No. 141241, 22 November 2005, 475 SCRA 608, 617.

21

Id., Republic v. "G" Holdings, pp. 617-618. Republic v. "G" Holdings, supra at 622.

22

The Lawphil Project - Arellano Law Foundation