2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar - Page 1 of 13

A.M. No. 02-8-13-SC
2004 Rules on Notarial Practice
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;
(b) to simplify, clarify, and modernize the rules governing notaries public; and
(c) to foster ethical conduct among notaries public.
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;
(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 (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:
(a) appears in person before the notary public;
(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
(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.
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;
(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.

. .2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar . including the petitioner's date of birth. or of two credible witnesses neither of whom is privy to the instrument. Notarial Certificate. The photograph should not be retouched.“Court” refers to the Supreme Court of the Philippines. SEC. SEC. .The phrase “competent evidence of identity” refers to the identification of an individual based on: To be eligible for commissioning as notary public. . a notarized instrument or document that is completed by the notary public. . (c) proof of payment for the filing of the petition as required by these Rules. . Regular Place of Work or Business. telephone number. professional tax receipt. 15. Court. 8.A notarial commission may be issued by an Executive Judge to any qualified person who submits a petition in accordance with these Rules.The term “signature witnessing” refers to a notarial act in which an individual on a single occasion: (a) appears in person before the notary public and presents an instrument or document. Vendor. verified. Signature Witnessing. SEC. 19. SEC. and (c) signs the instrument or document in the presence of the notary public. 17. Principal. Qualifications.“Executive Judge” refers to the Executive Judge of the Regional Trial Court of a city or province who issues a notarial commission. 10. (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. 2. bears the notary's signature and seal. Manufacturer. SEC.“Manufacturer” under these Rules refers to one who produces a notarial seal and shall include an engraver and seal maker. Executive Judge. Competent Evidence of Identity.“Principal” refers to a person appearing before the notary public whose act is the subject of notarization. 16.“Notary Public” and “Notary” refer to any person commissioned to perform official acts under these Rules. . . 20. Official Seal or Seal. (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. . image or impression on all papers officially signed by the notary public conforming the requisites prescribed by these Rules. SECTION 1. 18. 12.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. SEC. Petitioner. . SEC. SEC. SEC.“Office of the Court Administrator” refers to the Office of the Court Administrator of the Supreme Court. . SEC. document or transaction who is personally known to the notary public and who personally knows the individual. and states the facts attested to by the notary public in a particular notarization as provided for by these Rules. . the petitioner: (a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual. The petitioner shall sign his name at the bottom part of the photographs. residence. (2) must be over twenty-one (21) years of age. . 9. 14.“Notarial Certificate” refers to the part of. . document or transaction who each personally knows the individual and shows to the notary public documentary identification. or attachment to. SEC. and shall include the following: (a) a statement containing the petitioner's personal qualifications. and (5) must not have been convicted in the first instance of any crime involving moral turpitude. roll of attorney's number and IBP membership number. 13.Every petition for a notarial commission shall be in writing. .“Official seal” or “Seal” refers to a device for affixing a mark. SEC. (1) must be a citizen of the Philippines. and (d) three (3) passport-size color photographs with light background taken within thirty (30) days of the application. (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. or (b) the oath or affirmation of one credible witness not privy to the instrument. 11. . (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules. Office of the Court Administrator.“Vendor” under these Rules refers to a seller of a notarial seal and shall include a wholesaler or retailer. RULE III COMMISSIONING OF NOTARY PUBLIC SEC. Notary Public and Notary.Page 2 of 13 SEC.“Petitioner” refers to a person who applies for a notarial commission. Form of the Petition and Supporting Documents.

and (c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood these Rules. A mark. (b) the petitioner proves the allegations contained in the petition. . . 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.Every person commissioned as notary public shall have only one official seal of office in accordance with these Rules.The Executive Judge shall keep and maintain a Register of Notaries Public in his jurisdiction which shall contain. ________________________ Executive Judge SEC. 11. . (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. 12. the dates of issuance or revocation or suspension of notarial . received by the undersigned before the date of the summary hearing. SEC. . unless extended by the Executive Judge.Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. Jurisdiction and Term. within and for SEC.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. Opposition to Petition. 3. SEC. unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court.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. Form of Certificate of Authorization to Purchase a Notarial Seal. the thirty-first of December (year) to purchase a notarial seal.The Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the following form: REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF_____________ CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL This is to authorize (name of notary public) of (city or province) who was commissioned by the undersigned as a notary public. 8. (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. for a term ending.Page 3 of 13 SEC. Issued this (day) of (month) (year). 6. Executive Judge SEC. for a term ending the thirty-first day of December (year) ________________________ Executive Judge SEC. The opposition must be received by the Executive Judge before the date of the summary hearing. 4. 7. 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. 5. Official Seal of Notary Public. . Register of Notaries Public. Application Fee.The commissioning of a notary public shall be in a formal order signed by the Executive Judge substantially in the following form: the said jurisdiction. 10. Form of Notarial Commission. Summary Hearing on the Petition.2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar . SEC. within and for the said jurisdiction. REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF ______________ SEC.Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto. The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the petitioner.The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of three (3) months from date of issue. SEC. 9. Notice of Summary Hearing. . . among others. . The notice may include more than one petitioner. .

or (c) is a spouse. . cash. except as provided by these Rules and by law. or other consideration. Refusal to Notarize. and the resignation or death of notaries public. (3) hospitals and other medical institutions where a party to an instrument or document is confined for treatment. 4. SEC. If the application is denied. (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. SEC. Renewal of Commission. Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public. descendant. Disqualifications. A mark.(a) A notary public shall not perform a notarial act outside his regular place of work or business. however. 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.A notary public shall not perform any notarial . that on certain exceptional occasions or situations. right. and (4) the notary public notarizes the signature by thumb or other mark through an acknowledgment. the Executive Judge shall state the reasons therefor. image or impression of the seal of the notary public shall be attached to the application. (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". interest. or signature witnessing. The Executive Judge shall furnish the Office of the Court Administrator information and data recorded in the register of notaries public. .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. . complete and updated database of such records. (2) public function areas in hotels and similar places for the signing of instruments or documents requiring notarization. Action on Application for Renewal of Commission. jurats. (2) both witnesses sign their own names in addition to the thumb or other mark. Powers. common-law partner. upon payment of the application fee mentioned in Section 3 above of this Rule. SEC.Page 4 of 13 commissions.(a) A notary public is empowered to perform the following notarial acts: (1) (2) (3) (4) (5) (6) acknowledgments. and any other act authorized by these Rules. . (3) both witnesses sign their own names . 13. RULE IV POWERS AND LIMITATIONS OF NOTARIES PUBLIC SECTION 1. . or relative by affinity or consanguinity of the principal within the fourth civil degree. ancestor. 3. SEC. (2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document. and similar places where oaths of office may be administered. 14. a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction: (1) public offices. advantage. any commission. (4) the notary public writes below his signature: “Signature affixed by notary in presence of (names and addresses of person and two [2] witnesses)”. title. Prohibitions. oaths and affirmations. provided. copy certifications. as a direct or indirect result. The Office of the Court Administrator shall keep a permanent. (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. (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.The Executive Judge shall. 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. and (4) any place where a party to an instrument or document requiring notarization is under detention. property. convention halls. jurat. 2. signature witnessings. . fee. SEC. and (5) the notary public notarizes his signature by acknowledgment or jurat. (b) will receive.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.2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar . act on an application for the renewal of a commission within thirty (30) days from receipt thereof.

Improper Instruments or Documents. 3. Imposition and Waiver of Fees. SEC. 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. 5. False or Incomplete Certificate. SEC. (3) the type of notarial act. SEC. 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. For purposes of this provision. SEC. (b) A notary public shall record in the notarial register the reasons and circumstances for not completing a notarial act. the notary shall record in the notarial register at the time of notarization the following: (1) the entry number and page number. Payment or Refund of Fees. . Entries in the Notarial Register. 4. (2) the date and time of day of the notarial act. The register shall be duly paged.(a) A notary public shall keep. (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. 2. . SEC.For performing a notarial act. (b) affix an official signature or seal on a notarial certificate that is incomplete. maintain. (5) the name and address of each principal. (4) the title or description of the instrument. a Memorandum of Agreement or Understanding may be entered into by the Office of the Solicitor General and the Office of the Court Administrator. (8) the fee charged for the notarial act. document or proceeding. . Prohibited Fees. .Page 5 of 13 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. except those expressly prescribed and allowed herein.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. Travel Fees and Expenses. – No fee or compensation of any kind. (b) A notary public shall keep only one active notarial register at any given time. shall be collected or received for any notarial service. . Notice of Fees. . a chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages. SEC. 6. RULE VI NOTARIAL REGISTER SECTION 1. protect and provide for lawful inspection as provided in these Rules.2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar . 5. (9) the address where the notarization was performed if not in the notary's regular place of work or business.A notary public shall not: (a) execute a certificate containing information known or believed by the notary to be false. a notary public may charge the maximum fee as prescribed by the Supreme Court unless he waives the fee in whole or in part.A notary public shall not require payment of any fees specified herein prior to the performance of a notarial act unless otherwise agreed upon.(a) For every notarial act. RULE V FEES OF NOTARY PUBLIC SECTION 1. or (b) an instrument or document without appropriate notarial certification. SEC. . Form of Notarial Register. the Solicitor General shall certify the number of pages of which the book consists. . A notary public shall post in a conspicuous place in his office a complete schedule of chargeable notarial fees. . and (10) any other circumstance the notary public may deem of significance or relevance.A notary public shall not notarize: (a) a blank or incomplete instrument or document. (7) the name and address of each credible witness swearing to or affirming the person's identity. He shall enter in the journal all fees charged for services rendered.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. (6) the competent evidence of identity as defined by these Rules if the signatory is not personally known to the notary. and on the first page. the signatory is not acting of his or her own free will. 2. and (c) in the notary's judgment.

2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar . 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 . provided. 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. to any person applying for such copy upon payment of the legal fees. by whom. type of instrument or document. It shall be of metal. and (c) affix his official signature only at the time the notarial act is performed. (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. within ten (10) days after informing the appropriate law enforcement agency in the case of theft or vandalism. when and to whom and where directed. when. or any part thereof. The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded. the notarial register and notarial records shall immediately be delivered to the office of the Executive Judge. to whom and in what manner. and of every other fact touching the same. Signatures and Thumbmarks. including the requester's name. bill or note. acknowledged. year. Destruction or Damage of Notarial Register. Copying and Disposal. beginning with number one in each calendar year. . (1) the person's identity is personally known to the notary public or proven through competent evidence of identity as defined in these Rules. or if none. (b) credible witness swearing or affirming to the identity of a principal. during regular business hours. SEC. RULE VII SIGNATURE AND SEAL OF NOTARY PUBLIC SECTION 1. address. two inches in diameter. . . the notary public shall certify in his notarial register the number of instruments or documents executed. where the same was made. or otherwise rendered unusable or illegible as a record of notarial acts. (d) When the instrument or document is a contract. signature. thumbmark or other recognized identifier. or protested before him. sworn to. and (c) witness to a signature by thumb or other mark. If there is no entry to certify for the month.The notary public shall supply a certified true copy of the notarial record. . Loss. the notary shall deny access to any entry or entries therein. and evidence of identity. – In notarizing a paper instrument or document. 4. (f) In case of a protest of any draft. and (4) the person is shown only the entry or entries specified by him. SEC. within the first ten (10) days of the month following.At the time of notarization. SEC. . including registered mail and also provide a copy or number of any pertinent police report. SEC. any person may inspect an entry in the notarial register. a notary public shall: (a) sign by hand on the notarial certificate only the name indicated and as appearing on the notary's commission. notify the Executive Judge by any means providing a proper receipt or acknowledgment. SEC. (h) A certified copy of each month's entries and a duplicate original copy of any instrument acknowledged before the notary public shall. sworn to. damaged. which shall not be possessed or owned by any other person. (b) not sign using a facsimile stamp or printing device. Official Seal. and name of the principal in the notarial act or acts sought. (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. destroyed. in the notarial register in a separate.(a) In case the notarial register is stolen. this certificate shall show this fact. 2. No blank line shall be left between entries. whether he presented such draft. He shall also retain a duplicate original copy for the Clerk of Court. (3) the person specifies the month. whether notices were given. 3. Issuance of Certified True Copies. Inspection. and where. (g) At the end of each week. to be procured at his own expense. or acknowledged before him a number corresponding to the one in his register. (b) Upon revocation or expiration of a notarial commission. or to a signing by the notary public on behalf of a person physically unable to sign. (2) the person affixes a signature and thumb or other mark or other recognized identifier.(a) Every person commissioned as notary public shall have a seal of office.Page 6 of 13 (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. circular in shape. 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. be forwarded to the Clerk of Court and shall be under the responsibility of such officer. dated entry. lost.(a) In the notary's presence. bill of exchange or promissory note. 5. 6. or death of the notary public. the notary's notarial register shall be signed or a thumb or other mark affixed by each: (a) principal. and shall also state on the instrument or document the page/s of his register on which the same is recorded. Official Signature. (e) The notary public shall give to each instrument or document executed. the notary public shall. the notary shall forward a statement to this effect in lieu of certified copies herein required.

after informing the appropriate law enforcement agency. SEC. the notary public. permanent. In the event that the missing. lost. In the event of death of the notary public. . image or impression of the official seal beside his signature on the notarial certificate of a paper instrument or document. Thereafter. and photographically reproducible mark. 3. once a week for three (3) consecutive weeks. 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. RULE VIII NOTARIAL CERTIFICATES SECTION 1.The notary public shall affix a single. A mark.(a) A vendor or manufacturer of notarial seals may not sell said product without a written authorization from the Executive Judge. the latter shall order the notary public to cause notice of such loss or damage to be published. he shall only pay the manufacturer's authorization fee. 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. 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. providing proper receipt or acknowledgment. (c) When not in use. 4. (b) the serial number of the commission of the notary public. and (d) the roll of attorney's number. SEC. the Rules of Court and all other provisions of issuances by the Supreme Court and in applicable laws. (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. the Executive Judge shall issue to the notary public a new Certificate of Authorization to Purchase a Notarial Seal. (d) Within five (5) days after the official seal of a notary public is stolen. Upon receipt of such notice. Seal Image. in a newspaper of general circulation in the city or province where the notary public is commissioned. 2.000 for the vendor and PhP 8. . . shall notify the Executive Judge in writing. the office address of the notary public. the official seal shall be surrendered to the Executive Judge and shall be destroyed or defaced in public during office hours. the person in possession of the official seal shall have the duty to surrender it to the Executive Judge. (b) Upon written application and after payment of the application fee. (e) Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to Purchase a Notarial Seal. The Executive Judge shall charge an authorization fee in the amount of PhP 4. (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. Obtaining and Providing Seal. (f) After the sale.000 for the manufacturer. including registered mail. or the revocation or expiration of a notarial commission. image or impression of such seal shall be made directly on the paper or parchment on which the writing appears. Form of Notarial Certificate. Failure to effect such surrender shall constitute contempt of court. it shall be delivered by the notary public to the Executive Judge to be disposed of in accordance with this section. Contents of the Concluding Part of the Notarial Certificate. RULE IX . and the IBP membership number.Page 7 of 13 attorney's number on the face thereof. (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. damaged or other otherwise rendered unserviceable in affixing a legible image. If a manufacturer is also a vendor.2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar . SEC. with the words "notary public" across the center. – The notarial certificate shall include the following: (a) the name of the notary public as exactly indicated in the commission. (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. if found in order by the Executive Judge. 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 vendor or manufacturer shall affix a mark. (c) the words "Notary Public" and the province or city where the notary public is commissioned. and in the event of a crime committed. the professional tax receipt number and the place and date of issuance thereof. the expiration date of the commission. legible. lost or damaged seal is later found or surrendered.The notarial form used for any notarial instrument or document shall conform to all the requisites prescribed herein. clear. provide a copy or entry number of the appropriate police record. (e) Within five (5) days after the death or resignation of the notary public. 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.

The foregoing notwithstanding. . notarial register and records. to the Executive Judge concerning the performance of his duties.(a) The Executive Judge shall revoke a notarial commission for any ground on which an application for a commission may be denied. (2) fails to make the proper entry or entries in his notarial register concerning his notarial acts. . title. any notary public who: (1) fails to keep a notarial register. 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. Change of Name and Address. he shall immediately cease to perform notarial acts. (10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules. . In the event of his incapacity to personally appear. . IN WITNESS WHEREOF. (b) In addition. Resignation.2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar . 3. 2. to the Executive Judge. or after ceasing to maintain the regular place of work or business. the complaint shall be dismissed.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: SEC. which may be extended once for valid and just cause by the Executive Judge for another period not exceeding three (3) months. _________________ (official signature) (seal of Executive Judge) RULE X CHANGES OF STATUS OF NOTARY PUBLIC SECTION 1. the person named in the seal and signature on the attached document. SECTION 1. In either case. the Executive Judge may revoke the commission of.Within ten (10) days after the change of name of the notary public by court order or by marriage. (name. (7) fails to require the presence of a principal at the time of the notarial act. affected or aggrieved person. 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. Effective from the date indicated in the notice. Publication of Resignation. the notary public shall be required to file a verified answer to the complaint. the aggrieved party may appeal the decision to the Supreme Court for review. If the charges are duly established. If the allegations of the complaint are not proven. I have affixed below my signature and seal of this office this (date) day of (month) (year). and (b) a new seal bearing the new name has been obtained. or impose appropriate administrative sanctions upon. (9) executes a false or incomplete certificate under Section 5. the Executive Judge shall impose the appropriate administrative sanctions. (5) fails to submit his notarial register. 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.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. jurisdiction of the Executive Judge). the Executive Judge shall conduct a summary hearing. (4) fails to affix to acknowledgments the date of expiration of his commission. 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. Revocation and Administrative Sanctions. CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT I. when filled. certify that (name of notary public). dated and signed formal notice to the Executive Judge together with his notarial seal. (6) fails to make his report. the notary public shall submit a signed and dated notice of such fact to the Executive Judge.Page 8 of 13 CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC representative.A notary public may resign his commission by personally submitting a written. the submission of the notice may be performed by his duly authorized RULE XI REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS SECTION 1. Rule IV. (3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following. an order imposing disciplinary sanctions shall . . as may be required by the judge. Certificate of Authority for a Notarial Act. until the aforementioned steps have been completed. SEC. If the answer of the notary public is not satisfactory. within a reasonable time. (c) Upon verified complaint by an interested. (8) fails to identify a principal on the basis of personal knowledge or competent evidence. Pending the appeal.

including issuances of the Supreme Court inconsistent herewith. are hereby repealed or accordingly modified. Corona. . Republic of the Philippines SUPREME COURT Manila SEC. "Sec. Publication of Revocations and Administrative Sanctions. JJ. and shall be published in a newspaper of general circulation in the Philippines which provides sufficiently wide circulation. upon being notified of such death. 2004. RULE XIII A.Page 9 of 13 be immediately executory.. driver’s . is a resolution of the Court En Banc dated February 19.The Executive Judge concerned shall submit semestral reports to the Supreme Court on discipline and prosecution of notaries public.J. – The Court Resolved. 3. to wit: Rule II DEFINITIONS xxx REPEALING AND EFFECTIVITY PROVISIONS SECTION 1. Effective Date. RULE XII SPECIAL PROVISIONS SECTION 1.If a notary public dies before fulfilling the obligations in Section 4(e). coerces. to wit: Sirs/Mesdames: Quoted hereunder. 2008 RE: 2004 RULES ON NOTARIAL PRACTICE The Court Resolved. SEC 2. Promulgated this 6th day of July. Carpio-Morales. Component Evidence of Identity. passport. Panganiban.M. upon the recommendation of the Sub Committee on the Revision of the Rules Governing Notaries Public. 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. . SEC. to AMEND Sec. 02-8-13-SC February 19. Vitug. (d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public. or official records of a notary public. Quisumbing. conceals.These Rules shall take effect on the first day of August 2004. 4. Carpio. and (c) knowingly solicits. 12 (a). or destroys the seal. Rule VI and Section 2(e). Rule II of the 2004 Rules on Notarial Practice. No. SEC. Rule II of the 2004 Rules on Notarial Practice. . (b) knowingly obtains. Death of Notary Public. 12 (a).M. Rule VII. upon the recommendation of the Sub Committee on the Revision of the Rules Governing Notaries Public. such as but not limited to. SEC. . 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). Puno. . the Executive Judge. Reports to the Supreme Court. Repeal. Supervision and Monitoring of Notaries Public.2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar .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.. 2. Davide. . defaces. unless otherwise ordered by the Supreme Court. No. AustriaMartinez.The Executive Judge shall cause the prosecution of any person who: (a) knowingly acts or otherwise impersonates a notary public. Sr. . notarial register. Ynarez-Santiago. shall forthwith cause compliance with the provisions of these sections. to AMEND Sec. 2008. Azcuna and Tinga. or in any way influences a notary public to commit official misconduct. "A. Jr. C. 12.The Executive Judge shall at all times exercise supervision over notaries public and shall closely monitor their activities. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. 2. Sandoval-Gutierrez. Callejo.All rules and parts of rules. Punishable Acts. for your information.

the Court explained that it denied the petitioner’s motion for extension of time to file petition for review. v. 181058. or (b) xxxx. 2004. Barangay certification. National Bureau of Investigation clearance. Among other matters." Quisumbing. the Supreme Court amended Rule II Sec. It was enacted (a) to promote. police clearance. postal ID. and (c) to foster ethical conduct among notaries public (Rule I. Inter-Alia. Social Security System (SSS) card. it does not mention community tax certificates or cedulas or residence certificates which. postal ID. passport. Department of Social Welfare and Development (DSWD) certification. seaman’s book. alien certificate of registration/immigrant certificate of registration. likewise for submitting an affidavit of service that does not comply with the requirement on competent evidence of identity.Page 10 of 13 license. Are parties required to present competent evidence of their identity to the notary in all instances? In Cable Star Inc. January 28. Professional Regulation Commission ID. Overseas Workers Welfare Administration (OWWA) ID.. 177898. Professional Regulations Commission ID. Dimaano (AC No. No. Government Service and Insurance System (GSIS) e-card. 2008. Barangay certification. (GR No.M. OFW ID. Social Security System (SSS) card. clarify. On February 19. and modernize the rules governing notaries public. 7781. driver’s license. Government Service and Insurance System (GSIS) e-card. OFW ID. (b) to simplify. J. 2). the Court stated without qualification that “Rule II. seaman’s book. VILLARAMA (sgd) Clerk of Court The 2004 Rules on Notarial Practice (A. 2008). such as but not limited to. Philhealth card. voter’s ID. Overseas Workers Welfare Administration (OWWA) ID. the Rules require parties to instruments to present competent evidence of their identity to the notary public.. National Bureau of Investigation clearance. x x x” While the Rules require the presentation of competent evidence of identity. MA. And in de la Cruz v. (adv127a) Very truly yours. serve. 2008). certification from the National Council for the Welfare of Disabled Persons (NCWDP). 12 of the 2004 Rules on Notarial Practice now requires a party to the instrument to present competent evidence of identity”. police clearance. 02-8-13-SC or the “Rules”) took effect on August 1.” In footnote 16 of Sigma v. alien certificate of registration/immigrant certificate of registration. and protect public interest. September 18. Sec. on leave. were the only documents that parties to instruments were required to present to notaries public. Cable BOSS (GR No. Philhealth card. Sec. on official leave. government office ID. certification from the National Council for the Welfare of Disable Persons (NCWDP). the Supreme Court denied petitioner’s motion for extension to file petition for review “for submitting an affidavit of service of the motion that fails to comply with the 2004 Rules on Notarial Practice re: competent evidence of affiant’s identity. J.2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar . Ynares-Santiago. senior citizen card. August 13. LUISA D. voter’s ID. Department of Social Welfare and Development (DSWD) certification. . senior citizen card. 2008). prior to the effectivity of the Rules. government office ID. 12 (a) of the Rules and enumerated the acceptable competent evidence of identity: “(a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual.

the alleged defect in the oath was not proven by Olandria since the presentation of a CTC turned out to be sufficient in this instance. the dissenting opinion of Commissioner Larrazabal aptly disposes of the core issue: With all due respect to the well-written Ponencia. However. As quoted supra. accessed July 20. Bohol Chapter. merely presented to the Notary Public his Community Tax Certificate. This view is consistent with an article in the Supreme Court’s website which states that “under the Rules. on the other hand. they were not just colleagues at the League of Municipal Mayors. The very wording of the 2004 Notarial Rules supports my view that the instant motion for reconsideration ought to be granted. COMELEC interprets the 2004 Rules on Notarial Practice provisions on competent evidence of identity and harmonizes it with related laws.php].gov. competent evidence of identity is not required in cases where the affiant is personally known to the Notary Public. The majority opinion strictly construed the 2004 Rules on Notarial Practice (the “2004 Notarial Rules”) when it provided that valid and competent evidence of identification must be presented to render Sergio G. we emphasize that the filing of a COC is mandatory and must comply with the requirements set forth by law. however. the Supreme Court affirmed the validity of the petitioner’s certificate of candidacy even though he presented a cedula but not competent evidence of identity to the notary public who administered his oath. before whom his COC was sworn. To disqualify [petitioner] at this late stage simply due to an overly strict reading of the 2004 Notarial Rules will effectively deprive the people who voted for him their rights to vote.e. who notarized [petitioner’s] COC. 2009). In Amora v. These also imply that parties to instruments are required to present competent evidence of their identity every time they desire to avail of the services of notaries public. January 25. (Madeleine UVG Avanzado.ph/publications/benchmark/2008/02/020819. which is the case herein. This implies that no competent evidence of identity is required if the signatory is personally known to the notary. 2010 where [petitioner] was one of the candidates for municipal mayor. Thus. the document notarized is invalidated or will not be considered a public document. 192280.” Amora v. Hence. Granada[’s] affidavit. specifically on the presentation of cedulas. Granada. Granada (Granada). Bohol has already exercised their right to suffrage on May 10.judiciary. In this regard. Rules). should be deemed sufficient. Affirmation or Oath. the phrase “in this instance” does not mean that it is pro hac vice. Icao. the COMELEC should not have brushed aside the affidavit of Atty. since he is personally known to the notary: “Another red flag for the COMELEC to dismiss Olandria’s petition is the fact that Amora claims to personally know the notary public. i. AC . the will of the voters. affirming in his affidavit that he personally knows [petitioner]. Bohol. (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules. in executing his Certificate of Candidacy (COC). He readily explained that he and Atty. Amora complied with the requirement of a sworn COC. Granada personally knew each other.Page 11 of 13 The foregoing pronouncements of the Court show that non-compliance with the Rules affect the notarial act itself. COMELEC (GR No. to wit: Section 2. Section 2 of the 2004 Rules on Notarial Practice lists the act to which an affirmation or oath refers: xxx In this case. Williams v. In sum. xxx Our ruling herein does not do away with the formal requirement that a COC be sworn.2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar . it is submitted that this should not be the case. competent evidence of identity do not take the place of cedulas. “SC Enumerates Documents Considered as ‘Competent Evidence of Identity’” [http://sc. Amora. [Respondent]. Granada and remained inflexible in the face of Amora’s victory and proclamation as Mayor of Candijay. The records reveal that [petitioner] submitted to this Commission a sworn affidavit executed by Notary Public Oriculo A. The primary issue herein is whether it is proper to disqualify a candidate who. Atty. On the whole. rather than frustrate.’s [petitioner’s] COC valid. 2 [6]. 2011). but they consider each other as distant relatives. and (c) avows under penalty of law to the whole truth of the contents of the instrument or document. In fact. which narrates in detail his personal relation with [petitioner]. The people of Candijay. I respectfully voice my dissent. contrary to the declarations of the COMELEC. since the notary is required to record in his notarial register the competent evidence of identity only if the signatory is not personally known to him (Rule VI Sec. The latter are not competent evidence of identity (footnote 19. Notaries Public are prohibited from notarizing documents or instruments of signatories who are not personally known to them or who otherwise fail to present competent evidence of their respective identities”. – The term “Affirmation or Oath” refers to an act in which an individual on a single occasion: (a) appears in person before the notary public. presented no evidence to counter Granada’s declarations. The purpose of election laws is to give effect to. Jr.

officer. Are cedulas still relevant as far as the notarial act is concerned? Some notaries public certify that they personally know the affiant and so they no longer demand the presentation of competent evidence of identity. as such. In short. in Baylon v. the presentation of a competent evidence of identity. such as: 1. And so there are now jurats and acknowledgments that do not contain any information about the affiant’s cedula. will not bar the presentation of the cedula. which seems to indicate the Court’s preference to do away with it altogether – it is submitted that these are still necessary for the proper execution of the notarial act. AC No. and thus harmonized. 30 [1996]). Almo.Page 12 of 13 No. 555 SCRA 249. we did not include it in the list of competent evidence of identity that notaries public should use in ascertaining the identity of persons appearing before them to have their documents notarized. Agencies cannot. 6962. if required. a residence certificate is no longer considered a competent evidence of identity. 6982. Civil Code). This is because their presentation is prescribed by various laws. regardless of whether or not he is known to the latter. 2008. Baylon v. December 24. place of issue. deed. The requirement for the presentation of competent evidence of identity does not abridge or expand the scope of the laws affecting notarial practice since its purpose is to protect the integrity of the notarial act. which the affiant is required to present to the notary if he is not personally known to the him. But is there really a conflict between the Rules and the laws requiring the presentation of the cedula? It is submitted that there is none. Icao. Secondly. 253 [2008]). and there shall be entered by the notary public as a part of such certificate the number. And so these laws remain valid until the present (Article 7.2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar . Clearly. 116422.” 4. they also do not demand the presentation of the affiant’s cedula because this is not required by the Rules.” Are the Rules consistent with the laws requiring the presentation of the cedula to the notary public? It appears that the laws requiring the presentation of the cedula have not been repealed by subsequent legislative enactments. the laws affecting notarial practice and the Rules can be applied simultaneously. . render them nugatory (Conte v. – Every contract.” It therefore appears that parties to instruments are no longer required to present their cedulas to notaries public. in the guise of rule-making. 465 or the Residence Tax Act which states that: “When a person liable to the taxes prescribed in this Act acknowledges any document before a notary public xxx it shall be the duty of such person xxx with whom such transaction is had or business done. 3. But at the same time. … it shall be the duty of any person. and Section 163 of the Local Government Code: “(a) When an individual subject to the community tax acknowledges any document before a notary public. the Supreme Court even stated that it did not include cedulas in the list of competent evidence of identity. corporation with whom such transaction is made… to require such individual to exhibit the community tax certificate. 2. While the Rules do not mention cedulas – in Baylon v. Section 6 of Commonwealth Act No. 264 SCRA 19. as well as those that are silent about both his cedula and his competent evidence of identity. PLDT GR No. In contrast. the affiant is required by law to present his cedula to the notary for each notarial act. recognizing the established unreliability of a community tax certificate in proving the identity of a person who wishes to have his document notarized. Commission on Audit GR No. or other document acknowledged before a notary public shall have certified thereon that the parties thereto have presented their proper [cedula] residence certificate or are exempt from the [cedula] residence tax. As a matter of fact. the Rules’ silence on the matter of cedulas should not be taken as proof that these are now unnecessary. it cannot amend the law either by abridging or expanding its scope (Perez v. 1502048. Almo. legislate or amend laws or worse. 2009). notwithstanding the Rules’ silence insofar as cedulas are concerned. and date of each [cedula] residence certificate as aforesaid. Almo (AC No. 2008) categorically stated that the respondent notary public: “…should not have relied on the Community Tax Certificate presented by the said impostor in view of the ease with which community tax certificates are obtained these days. 6882. June 25. Icao reproduced above. which the Supreme Court quoted in its Decision in Williams v. the Court also explained that under Section 13 of the Rules. to require the exhibition of the residence certificate showing payment of the residence taxes by such person xxx”. To be valid. Section 249 of the Revised Administrative Act. And the Court. the Rules must conform to and be consistent with the provisions of the enabling statute. and vice-versa. Section 251 of the Revised Administrative Act: “Requirement as to notation of payment of [cedula] residence tax. April 7. In footnote 19 of Williams v.

(This post is an expanded version of the author’s article that appeared in the September 30. In this case. or from performing any notarial act if he is presently commissioned as a notary public for a period of three months. Atty. – A notary public is disqualified from performing a notarial act if he: xxxx (c) is a spouse. But to be sure. On the other hand. Revilla. Jr. common-law partner. Jr. Rule II of the 2004 Rules on Notarial Practice. Disqualifications. 9514) underscored that a notary public does not need to require affiants to present proof of their identity if he knows them personally. it is better to err on the side of caution. Revilla (AC No.2004 RULES ON NOTARIAL PRACTICE – Cessy Ciar . is not without fault for failing to indicate such fact in the ‘jurat’ of the complaintaffidavit. Rule IV of the 2004 Rules on Notarial Practice: “SEC.’s wife. but he must state this fact in his jurat: “…If the notary public knows the affiants personally.Page 13 of 13 Hence it is only when the party or parties is/are not personally known to the notary that they must present competent evidence of their identity to him. the oath or affirmation of one credible witness not privy to the instrument. it is suggested that the notary require the presentation of competent evidence of the identity of all parties to instruments. or relative by affinity or consanguinity of the principal within the fourth civil degree. whether or not they are personally known to him. Herizalyn Brosas Pedrosa is his wife’s sister-inlaw. A ‘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. he need not require them to show their valid identification cards. 12 [b]). ancestor. document or transaction who each personally knows the individual and shows to the notary public documentary identification (Rule II. Revilla. he was justified in no longer requiring them to show valid identification cards. or in the alternative. in its April 10. as well as their community tax certificates. Atty. 2013: The Supreme Court. and (d) takes an oath or affirmation before the notary public as to such instrument or document. document or transaction who is personally known to the notary public and who personally knows the individual. Jr. Atty. because he violated the disqualification rule under Section 3(c). knows the three affiants personally. (c) signs the instrument or document in the presence of the notary. and Elmer Alvarado is the live-in houseboy of the Brosas family. Sec. After all. Heneraline Brosas is a sister of Atty. Thus. or of two credible witnesses neither of whom is privy to the instrument. No statement was included therein that he knows the three affiants personally…” Nevertheless.) Edit April 18. whether or not they are personally known to him. . But Atty. 3. This rule is supported by the definition of ‘jurat’ under Section 6. 2013 Resolution in Jandoquile v. (b) is personally known to the notary public or identified by the notary public through competent evidence of identity. descendant. Revilla. Revilla was reprimanded and disqualified from being commissioned as a notary public. 2009 issue of The Lawyer’s Review. they must present their community tax certificates to the notary.