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Affidavit When religious convictions prevent the affiant from taking an


oath, he or she may affirm that the statements in the affidavit
A written statement of facts voluntarily made by an affiant are true.
under an oath or affirmation administered by a person
authorized to do so by law. Contents
There is no standard form or language to be used in an
Distinctions affidavit as long as the facts contained within it are stated
An affidavit is voluntarily made without any cross- clearly and definitely. Unnecessary language or legal
examination of the affiant and, therefore, is not the same as arguments should not appear. Clerical and grammatical
a deposition, a record of an examination of a witness or a errors, while to be avoided, are inconsequential.
party made either voluntarily or pursuant to a subpoena, as if The affidavit usually must contain the address of the affiant
the party were testifying in court under cross-examination. A and the date that the statement was made, in addition to the
pleading—a request to a court to exercise its judicial power affiant's signature or mark. Where the affidavit has been
in favor of a party that contains allegations or conclusions of made is also noted. When an affidavit is based on the
facts that are not necessarily verified—differs from an affiant's information and belief, it must state the source of the
affidavit, which states facts under oath. affiant's information and the grounds for the affiant's belief in
the accuracy of such information. This permits the court to
Basis draw its own conclusions about the information in the
An affidavit is based upon either the personal knowledge of affidavit.
the affiant or his or her information and belief. Personal An affiant is strictly responsible for the truth and accuracy of
knowledge is the recognition of particular facts by either the contents of the affidavit. If false statements are made,
direct observation or experience. Information and belief is the affiant can be prosecuted for perjury.
what the affiant feels he or she can state as true, although
not based on firsthand knowledge. Functions
Affidavits are used in business and in judicial and
The Affiant administrative proceedings.
Any person having the intellectual capacity to take an oath or Business Generally affidavits are used in business whenever
make an affirmation and who has knowledge of the facts that an official statement that others might rely upon is needed.
are in dispute may make an affidavit. There is no age Statements of the financial stability of a corporation, the
requirement for an affiant. As long as a person is old enough pedigree of animals, and the financial conditions of a person
to understand the facts and the significance of the oath or applying for credit are examples of affidavits used in the
affirmation he or she makes, the affidavit is valid. A criminal commercial world.
conviction does not make a person incapable of making an
affidavit, but an adjudication of Incompetency does. Judicial Proceedings Affidavits serve as evidence in civil
Someone familiar with the matters in question may make an actions and criminal prosecutions in certain instances. They
affidavit on behalf of another, but that person's authority to are considered a very weak type of evidence because they
do so must be clear. A guardian may make an affidavit for a are not taken in court, and the affiant is not subject to cross-
minor or insane person incapable of doing so. An attorney examination. Their use is usually restricted to times when no
may make an affidavit for a client if it is impossible for the better evidence can be offered. If a witness who has made
client to do so. When necessary to the performance of an affidavit is not available to testify at a trial, his or her
duties, a Personal Representative, agent, or corporate affidavit may be admitted as evidence. If the witness is
officer or partner may execute an affidavit that indicates the present, his or her affidavit is inadmissible except when used
capacity in which the affiant acts. to impeach the witness's testimony, or to help the witness
A court cannot force a person to make an affidavit, since, by with past recollection of facts.
definition, an affidavit is a voluntary statement.
Affidavits are also used as evidence in ex parte proceedings
The Taker of the Affidavit such as a hearing for the issuance of a Temporary
Any public officer authorized by law to administer oaths and Restraining Order or an order to show cause. The
affirmations—such as city recorders, court clerks, notaries, expeditious nature of such proceedings is considered to
county clerks, commissioners of deeds, and court substantially outweigh the weak Probative value of the
commissioners—may take affidavits. Justices of the peace affidavits. In addition, there is normally a subsequent
and magistrates are sometimes authorized to take affidavits. opportunity in the course of litigation for the opposing party
Unless restricted by state law, judges may take affidavits to refute the affidavits or cross-examine the affiants.
involving controversies before them.
An affidavit based on the knowledge of the affiant is
An officer cannot take affidavits outside of the particular accorded more weight than one based on information and
jurisdiction in which he or she exercises authority. The belief. When admissible, affidavits are not conclusive
source of this authority must appear at the bottom of the evidence of the facts stated therein.
affidavit. A notary, for example, would indicate the county in
which he or she is commissioned and the expiration date of Administrative Proceedings Affidavits are frequently used in
the commission. administrative and Quasi-Judicial proceedings as evidence
An official seal is not essential to the validity of the affidavit when no objection is made to their admission and there is an
but may be placed on it by the proper official. opportunity for cross-examination.

The Oath or Affirmation


Unless otherwise provided by statute, an oath is essential to
an affidavit. The statement of the affiant does not become an
affidavit unless the proper official administers the oath.

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REPUBLIC OF THE PHILIPPINES) “Before me” means that both were done in the presence of
________ CITY ) SS. the notary public.

Acknowledgements
AFFIDAVIT

I, ________________, Filipino, of legal age, with address at An acknowledgement is used to verify the identity of the
__________________________________, after having signer and to confirm that they signed the document. They
been sworn to in accordance with law hereby depose and are not swearing to the truthfulness or validity of the
state that: document, they are simply acknowledging that they signed
1. ] the document. For an acknowledgement in the state of
California, a signer is not required to sign the document in
the presence of the notary public, but they are required to
2. ] STATE THE FACTS! personally appear in front of the notary to confirm their
signature.

3.] While it is important for a notary to understand the difference


between the two, California notaries public are not allowed to
determine which type of certificate a signer uses. To do so
4. I herein attest to the truthfulness of the foregoing facts. would be considered practicing law without a license. A
Notary can only ask the signer which form they prefer; if they
don't know, the notary will refer them to the originator of the
AFFIANT FURTHER SAYETH NAUGHT. document for an answer.

Verification
IN WITNESS WHEREOF, I hereby affix my signature this
A verification is an affirmation by the party making the
___ day of __________200__ in ___________ City.
pleading that he is prepared to establish the truth of the facts
which he pleaded (Harp vs State, 26 SW 714, 59 Ark 113)
_______________________
Affiant
JURAT

SUBSCRIBED AND SWORN to before me, this 15th day of


SUBSCRIBED AND SWORN to before me, a Notary Public, March, 2007 in the City of Quezon, affiant exhibiting before
this ___ day of ____________ 200__ at _____________ me his Community Tax Certificate No. 123456, issued at
City, affiant exhibited to me his Community Tax Certificate Quezon City on March 1, 2007.
No. ____________ issued on ______________ at
______________.
What are the qualifications of a Notary Public?

Doc. No. ;
Page No. ; A Notary Public:
Book No. ;
Series of 200_. (1) must be a citizen of the Philippines;
(2) must be over twenty-one (21) years of age;
(3) must be a resident in the Philippines for at least
Acknowledgement vs. Jurat – What's the Difference?
one (1) year and maintains a regular place of work
or business in the city or province where the
Acknowledgement and jurat certificates are the two most
commission is to be issued;
common notarial acts, yet there is confusion about the
(4) must be a member of the Philippine Bar in good
difference between these forms for many signers. Some
standing with clearances from the Office of the Bar
notaries even find it difficult to remember which procedures
Confidant of the Supreme Court and the
apply to which certificate.
Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance
Jurats
of any crime involving moral turpitude.
A jurat is a part of an affidavit in which the officer certifies
that the instrument was sworn to before him (Theobald vs
Chicago). It is not part of the pleading or the affidavit but Must Notaries Public be Lawyers?
merely evidences the fact that the affidavit was properly
made. (Young vs Wooden, 265 SW 24)
Yes. Notaries Public must be Lawyers and members of the
Philippine Bar in good standing. Only Lawyers can be
A jurat is used when the signer is swearing to the content of
Notaries Public in the Philippines.
the document. The notary must administer an oath or
affirmation to the signer in order to complete the jurat. A jurat
also requires that the signer signs in the presence of the Can the Secretary sign in behalf of the Notary Public?
notary. It is possible to glean this information from the jurat
certificate its self. The wording states “Subscribed and
No. Secretaries are not Notaries Public. Being a notary
sworn to before me…” – subscribed meaning “signed” and
Public is not transferable and therefore any document which
sworn meaning that an oral oath or affirmation was given.
was supposed to be notarized but however was notarized by

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only the secretary maybe avoided. It is illegal even if the 2004 RULES ON NOTARIAL PRACTICE
Secretary was working under the express authority of the
Notary Public.
RULE I
IMPLEMENTATION
What is the effect of faulty notarization?
SECTION 1. Title. - These Rules shall be known as the 2004
The document maybe nullified and it will have no force and Rules on Notarial Practice.
effect.
SEC. 2. Purposes. - These Rules shall be applied and
Is there a criminal liability for a person who is acting construed to advance the following purposes:
illegally as a Notary Public?
(a) to promote, serve, and protect public interest;
Yes. A fake Notary Public maybe held liable for "Usurpation chan robles virtual law library
of Authority", "Estafa", among others under the Revised (b) to simplify, clarify, and modernize the rules
Penal Code of the Philippines. governing notaries public; and
(c) to foster ethical conduct among notaries public.
SEC. 4. Refusal to Notarize. - A notary public shall not
perform any notarial act described in these Rules for any SEC. 3. Interpretation. - Unless the context of these Rules
person requesting such an act even if he tenders the otherwise indicates, words in the singular include the plural,
appropriate fee specified by these Rules if: and words in the plural include the singular.

(a) the notary knows or has good reason to believe RULE II


that the notarial act or transaction is unlawful or DEFINITIONS
immoral;
(b) the signatory shows a demeanor which engenders
SECTION 1. Acknowledgment. - “Acknowledgment” refers to
in the mind of the notary public reasonable doubt
an act in which an individual on a single occasion:
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 (a) appears in person before the notary public and
of his or her own free will. presents an integrally complete instrument or
document;
(b) is attested to be personally known to the notary
SEC. 12. Competent Evidence of Identity. - The phrase
public or identified by the notary public through
"competent evidence of identity" refers to the identification of
competent evidence of identity as defined by
an individual based on:
these Rules; and -
(a) at least one current identification document issued (c) represents to the notary public that the
by an official agency bearing the photograph and signature on the instrument or document was
signature of the individual; or voluntarily affixed by him for the purposes
stated in the instrument or document, declares
(b) the oath or affirmation of one credible witness not that he has executed the instrument or
privy to the instrument, document or transaction document as his free and voluntary act and
who is personally known to the notary public and deed, and, if he acts in a particular
who personally knows the individual, or of two representative capacity, that he has the
credible witnesses neither of whom is privy to the authority to sign in that capacity.
instrument, document or transaction who each
personally knows the individual and shows to the SEC. 2. Affirmation or Oath. - The term “Affirmation” or
notary public documentary identification. “Oath” refers to an act in which an individual on a single
occasion:
A.M. No. 02-8-13-SC
2004 Rules on Notarial Practice
(a) appears in person before the notary public;
(b) is personally known to the notary public or
RESOLUTION identified by the notary public through
competent evidence of identity as defined by
Acting on the compliance dated 05 July 2004 and on the these Rules; and
proposed Rules on Notarial Practice of 2004 submitted by (c) avows under penalty of law to the whole truth of
the Sub-Committee for the Study, Drafting and Formulation the contents of the instrument or document.
of the Rules Governing the Appointment of Notaries Public
and the Performance and Exercise of Their Official SEC. 3. Commission. - “Commission” refers to the grant of
Functions, of the Committees on Revision of the Rules of authority to perform notarial acts and to the written evidence
Court and on Legal Education and Bar Matters, the Court of the authority.
Resolved to APPROVE the proposed Rules on Notarial
Practice of 2004, with modifications, thus:
SEC. 4. Copy Certification. - “Copy Certification” refers to a
notarial act in which a notary public:

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(a) is presented with an instrument or document of whom is privy to the instrument, document
that is neither a vital record, a public record, or transaction who each personally knows the
nor publicly recordable; individual and shows to the notary public
(b) copies or supervises the copying of the documentary identification.
instrument or document;
(c) compares the instrument or document with the
SEC. 13. Official Seal or Seal. - “Official seal” or “Seal”
copy; and
refers to a device for affixing a mark, image or impression on
(d) determines that the copy is accurate and
all papers officially signed by the notary public conforming
complete.
the requisites prescribed by these Rules.

SEC. 5. Notarial Register. - “Notarial Register” refers to a


SEC. 14. Signature Witnessing. - The term “signature
permanently bound book with numbered pages containing a
witnessing” refers to a notarial act in which an individual on a
chronological record of notarial acts performed by a notary
single occasion:
public.

(a) appears in person before the notary public and


SEC. 6. Jurat. - “Jurat” refers to an act in which an individual
presents an instrument or document;
on a single occasion:
(b) is personally known to the notary public or
identified by the notary public through competent
(a) appears in person before the notary public and evidence of identity as defined by these Rules;
presents an instrument or document; and chan robles virtual law library
(b) is personally known to the notary public or (c) signs the instrument or document in the presence
identified by the notary public through of the notary public.
competent evidence of identity as defined by
these Rules; chan robles virtual law library
SEC. 15. Court. - “Court” refers to the Supreme Court of the
(c) signs the instrument or document in the
Philippines.
presence of the notary; and
(d) takes an oath or affirmation before the notary
public as to such instrument or document. SEC. 16. Petitioner. - “Petitioner” refers to a person who
applies for a notarial commission.c
SEC. 7. Notarial Act and Notarization. - “Notarial Act” and
“Notarization” refer to any act that a notary public is SEC. 17. Office of the Court Administrator. - “Office of the
empowered to perform under these Rules. Court Administrator” refers to the Office of the Court
Administrator of the Supreme Court.
SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to
the part of, or attachment to, a notarized instrument or SEC. 18. Executive Judge. - “Executive Judge” refers to the
document that is completed by the notary public, bears the Executive Judge of the Regional Trial Court of a city or
notary's signature and seal, and states the facts attested to province who issues a notarial commission.
by the notary public in a particular notarization as provided
for by these Rules.
SEC. 19. Vendor. - “Vendor” under these Rules refers to a
seller of a notarial seal and shall include a wholesaler or
SEC. 9. Notary Public and Notary. - “Notary Public” and retailer.
“Notary” refer to any person commissioned to perform official
acts under these Rules.
SEC. 20. Manufacturer. - “Manufacturer” under these Rules
refers to one who produces a notarial seal and shall include
SEC. 10. Principal. - “Principal” refers to a person appearing an engraver and seal maker.
before the notary public whose act is the subject of
notarization.
RULE III
COMMISSIONING OF NOTARY PUBLIC
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 SECTION 1. Qualifications. - A notarial commission may be
issued by an Executive Judge to any qualified person who
renders legal and notarial services.
submits a petition in accordance with these Rules.

SEC. 12. Competent Evidence of Identity. - The phrase


To be eligible for commissioning as notary public, the
“competent evidence of identity” refers to the identification of
an individual based on: petitioner:

(1) must be a citizen of the Philippines; chan robles


(a) at least one current identification document
issued by an official agency bearing the virtual law library
photograph and signature of the individual; or (2) must be over twenty-one (21) years of age;
chan robles virtual law library
(b) the oath or affirmation of one credible witness
not privy to the instrument, document or (3) must be a resident in the Philippines for at least
transaction who is personally known to the one (1) year and maintains a regular place of
work or business in the city or province where
notary public and who personally knows the
individual, or of two credible witnesses neither

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the commission is to be issued; chan robles NOTICE OF HEARING


virtual law library
(4) must be a member of the Philippine Bar in good
Notice is hereby given that a summary hearing on the
standing with clearances from the Office of the
petition for notarial commission of (name of petitioner) shall
Bar Confidant of the Supreme Court and the
be held on (date) at (place) at (time). Any person who has
Integrated Bar of the Philippines; and
any cause or reason to object to the grant of the petition may
(5) must not have been convicted in the first
file a verified written opposition thereto, received by the
instance of any crime involving moral turpitude.
undersigned before the date of the summary hearing.

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:
Executive Judge
(a) a statement containing the petitioner's personal
qualifications, including the petitioner's date of SEC. 6. Opposition to Petition. - Any person who has any
birth, residence, telephone number, professional cause or reason to object to the grant of the petition may file
tax receipt, roll of attorney's number and IBP a verified written opposition thereto. The opposition must be
membership number; received by the Executive Judge before the date of the
(b) certification of good moral character of the summary hearing.
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; SEC. 7. Form of Notarial Commission. - The commissioning
of a notary public shall be in a formal order signed by the
(c) proof of payment for the filing of the petition as
required by these Rules; and Executive Judge substantially in the following form:
(d) three (3) passport-size color photographs with
light background taken within thirty (30) days of REPUBLIC OF THE PHILIPPINES
the application. The photograph should not be
retouched. The petitioner shall sign his name at
the bottom part of the photographs. REGIONAL TRIAL COURT OF ______________

SEC. 3. Application Fee. - Every petitioner for a notarial This is to certify that (name of notary public) of (regular place
commission shall pay the application fee as prescribed in the of work or business) in (city or province) was on this (date)
Rules of Court. 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
SEC. 4. Summary Hearing on the Petition. - The Executive (year) chan robles virtual law library
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 Executive Judge
in the petition; and
(c) the petitioner establishes to the satisfaction of SEC. 8. Period Of Validity of Certificate of Authorization to
the Executive Judge that he has read and fully Purchase a Notarial Seal. - The Certificate of Authorization
understood these Rules. to Purchase a Notarial Seal shall be valid for a period of
three (3) months from date of issue, unless extended by the
The Executive Judge shall forthwith issue a commission and Executive Judge.
a Certificate of Authorization to Purchase a Notarial Seal in
favor of the petitioner. A mark, image or impression of the seal that may be
purchased by the notary public pursuant to the Certificate
SEC. 5. Notice of Summary Hearing. - shall be presented to the Executive Judge for approval prior
to use.c

(a) The notice of summary hearing shall be published


in a newspaper of general circulation in the city or SEC. 9. Form of Certificate of Authorization to Purchase a
province where the hearing shall be conducted Notarial Seal. - The Certificate of Authorization to Purchase
and posted in a conspicuous place in the offices a Notarial Seal shall substantially be in the following form:
of the Executive Judge and of the Clerk of Court.
The cost of the publication shall be borne by the REPUBLIC OF THE PHILIPPINES
petitioner. The notice may include more than one
petitioner.
(b) The notice shall be substantially in the following REGIONAL TRIAL COURT OF_____________
form:
CERTIFICATE OF AUTHORIZATION

TO PURCHASE A NOTARIAL SEAL chan robles virtual law


library

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This is to authorize (name of notary public) of (city or (3) jurats; chan robles virtual law library
province) who was commissioned by the undersigned as a (4) signature witnessings;
notary public, within and for the said jurisdiction, for a term (5) copy certifications; and
ending, the thirty-first of December (year) to purchase a (6) any other act authorized by these Rules.
notarial seal.
(b) A notary public is authorized to certify the affixing of a
Issued this (day) of (month) (year). 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
Executive Judge
and unaffected witnesses to the instrument or
document;
SEC. 10. Official Seal of Notary Public. - Every person (2) both witnesses sign their own names in addition
commissioned as notary public shall have only one official to the thumb or other mark;
seal of office in accordance with these Rules. (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
SEC. 11. Jurisdiction and Term. - A person commissioned addresses of witnesses) and undersigned notary
as notary public may perform notarial acts in any place
public"; and
within the territorial jurisdiction of the commissioning court (4) the notary public notarizes the signature by thumb
for a period of two (2) years commencing the first day of or other mark through an acknowledgment, jurat,
January of the year in which the commissioning is made,
or signature witnessing.
unless earlier revoked or the notary public has resigned
under these Rules and the Rules of Court.
(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
SEC. 12. Register of Notaries Public. - The Executive Judge instrument or document if:
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 (1) the notary public is directed by the person
commissions, and the resignation or death of notaries public. unable to sign or make a mark to sign on his
The Executive Judge shall furnish the Office of the Court behalf;
Administrator information and data recorded in the register of (2) the signature of the notary public is affixed in
notaries public. The Office of the Court Administrator shall the presence of two disinterested and
keep a permanent, complete and updated database of such unaffected witnesses to the instrument or
records. document;
(3) both witnesses sign their own names ;
(4) the notary public writes below his signature:
SEC. 13. Renewal of Commission. - A notary public may file “Signature affixed by notary in presence of
a written application with the Executive Judge for the (names and addresses of person and two [2]
renewal of his commission within forty-five (45) days before
witnesses)”; and
the expiration thereof. A mark, image or impression of the (5) the notary public notarizes his signature by
seal of the notary public shall be attached to the application. acknowledgment or jurat.

Failure to file said application will result in the deletion of the SEC. 2. Prohibitions. - (a) A notary public shall not perform a
name of the notary public in the register of notaries public. notarial act outside his regular place of work or business;
provided, however, that on certain exceptional occasions or
The notary public thus removed from the Register of situations, a notarial act may be performed at the request of
Notaries Public may only be reinstated therein after he is the parties in the following sites located within his territorial
issued a new commission in accordance with these Rules. jurisdiction:

SEC. 14. Action on Application for Renewal of Commission. (1) public offices, convention halls, and similar
- The Executive Judge shall, upon payment of the places where oaths of office may be
application fee mentioned in Section 3 above of this Rule, administered;
act on an application for the renewal of a commission within (2) public function areas in hotels and similar
thirty (30) days from receipt thereof. If the application is places for the signing of instruments or
denied, the Executive Judge shall state the reasons therefor. documents requiring notarization;
(3) hospitals and other medical institutions where
a party to an instrument or document is
RULE IV confined for treatment; and
POWERS AND LIMITATIONS OF NOTARIES PUBLIC (4) any place where a party to an instrument or
document requiring notarization is under
SECTION 1. Powers. - (a) A notary public is empowered to detention.
perform the following notarial acts:
(b) A person shall not perform a notarial act if the person
(1) acknowledgments; involved as signatory to the instrument or document -
(2) oaths and affirmations;

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(1) is not in the notary's presence personally at traveling to perform a notarial act if the notary public and the
the time of the notarization; and person requesting the notarial act agree prior to the travel.
(2) is not personally known to the notary public
or otherwise identified by the notary public
SEC. 3. Prohibited Fees. – No fee or compensation of any
through competent evidence of identity as
kind, except those expressly prescribed and allowed herein,
defined by these Rules.
shall be collected or received for any notarial service.

SEC. 3. Disqualifications. - A notary public is disqualified


SEC. 4. Payment or Refund of Fees. - A notary public shall
from performing a notarial act if he:
not require payment of any fees specified herein prior to the
performance of a notarial act unless otherwise agreed upon.
(a) is a party to the instrument or document that is to
be notarized;
Any travel fees and expenses paid to a notary public prior to
(b) will receive, as a direct or indirect result, any
the performance of a notarial act are not subject to refund if
commission, fee, advantage, right, title, interest,
the notary public had already traveled but failed to complete
cash, property, or other consideration, except as
in whole or in part the notarial act for reasons beyond his
provided by these Rules and by law; or
control and without negligence on his part.
(c) is a spouse, common-law partner, ancestor,
descendant, or relative by affinity or
consanguinity of the principal within the fourth SEC. 5. Notice of Fees. - A notary public who charges a fee
civil degree. 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
SEC. 4. Refusal to Notarize. - A notary public shall not
services rendered.
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 notary public shall post in a conspicuous place in his office
a complete schedule of chargeable notarial fees.
(a) the notary knows or has good reason to believe
that the notarial act or transaction is unlawful or RULE VI
immoral; NOTARIAL REGISTER
(b) the signatory shows a demeanor which
engenders in the mind of the notary public
reasonable doubt as to the former's knowledge of SECTION 1. Form of Notarial Register. - (a) A notary public
the consequences of the transaction requiring a shall keep, maintain, protect and provide for lawful
notarial act; and inspection as provided in these Rules, a chronological official
(c) in the notary's judgment, the signatory is not notarial register of notarial acts consisting of a permanently
acting of his or her own free will. bound book with numbered pages.

SEC. 5. False or Incomplete Certificate. - A notary public The register shall be kept in books to be furnished by the
shall not: 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
(a) execute a certificate containing information certify the number of pages of which the book consists.
known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial
certificate that is incomplete. 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.
SEC. 6. Improper Instruments or Documents. - A notary
public shall not notarize:
(b) A notary public shall keep only one active notarial
register at any given time.cralaw
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate
notarial certification. 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:
RULE V
FEES OF NOTARY PUBLIC
(1) the entry number and page number;
(2) the date and time of day of the notarial act;
SECTION 1. Imposition and Waiver of Fees. - For (3) the type of notarial act; chan robles virtual law
performing a notarial act, a notary public may charge the library
maximum fee as prescribed by the Supreme Court unless he (4) the title or description of the instrument,
waives the fee in whole or in part. document or proceeding;
(5) the name and address of each principal; chan
robles virtual law library
SEC. 2. Travel Fees and Expenses. - A notary public may
(6) the competent evidence of identity as defined
charge travel fees and expenses separate and apart from
by these Rules if the signatory is not personally
the notarial fees prescribed in the preceding section when
known to the notary; chan robles virtual law
library

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(7) the name and address of each credible (b) credible witness swearing or affirming to the
witness swearing to or affirming the person's identity of a principal; and
identity; (c) witness to a signature by thumb or other
(8) the fee charged for the notarial act; mark, or to a signing by the notary public on
(9) the address where the notarization was behalf of a person physically unable to sign.
performed if not in the notary's regular place
of work or business; and
SEC. 4. Inspection, Copying and Disposal. - (a) In the
(10) any other circumstance the notary public may
notary's presence, any person may inspect an entry in the
deem of significance or relevance.
notarial register, during regular business hours, provided;

(c) A notary public shall record in the notarial register


(1) the person's identity is personally known to
the reasons and circumstances for not
the notary public or proven through
completing a notarial act.
competent evidence of identity as defined
(d) A notary public shall record in the notarial register
in these Rules;
the circumstances of any request to inspect or
(2) the person affixes a signature and thumb
copy an entry in the notarial register, including
or other mark or other recognized
the requester's name, address, signature,
identifier, in the notarial register in a
thumbmark or other recognized identifier, and
separate, dated entry;
evidence of identity. The reasons for refusal to
(3) the person specifies the month, year, type
allow inspection or copying of a journal entry shall
of instrument or document, and name of
also be recorded.
the principal in the notarial act or acts
(e) When the instrument or document is a contract,
sought; and
the notary public shall keep an original copy
(4) the person is shown only the entry or
thereof as part of his records and enter in said
entries specified by him.
records a brief description of the substance
thereof and shall give to each entry a consecutive
number, beginning with number one in each (c) The notarial register may be examined by a law
calendar year. He shall also retain a duplicate enforcement officer in the course of an official
original copy for the Clerk of Court. investigation or by virtue of a court order.
(f) The notary public shall give to each instrument or (d) If the notary public has a reasonable ground to
document executed, sworn to, or acknowledged believe that a person has a criminal intent or
before him a number corresponding to the one in wrongful motive in requesting information from
his register, and shall also state on the instrument the notarial register, the notary shall deny access
or document the page/s of his register on which to any entry or entries therein.
the same is recorded. No blank line shall be left
between entries.
SEC. 5. Loss, Destruction or Damage of Notarial Register. -
(g) In case of a protest of any draft, bill of exchange
or promissory note, the notary public shall make (a) In case the notarial register is stolen, lost, destroyed,
a full and true record of all proceedings in relation damaged, or otherwise rendered unusable or illegible as a
record of notarial acts, the notary public shall, within ten (10)
thereto and shall note therein whether the
demand for the sum of money was made, by days after informing the appropriate law enforcement agency
whom, when, and where; whether he presented in the case of theft or vandalism, notify the Executive Judge
by any means providing a proper receipt or
such draft, bill or note; whether notices were
given, to whom and in what manner; where the acknowledgment, including registered mail and also provide
same was made, when and to whom and where a copy or number of any pertinent police report.cralaw
directed; and of every other fact touching the
same. (b) Upon revocation or expiration of a notarial commission,
(h) At the end of each week, the notary public shall or death of the notary public, the notarial register and
certify in his notarial register the number of notarial records shall immediately be delivered to the office
instruments or documents executed, sworn to, of the Executive Judge.cralaw
acknowledged, or protested before him; or if
none, this certificate shall show this fact.
(i) A certified copy of each month's entries and a SEC. 6. Issuance of Certified True Copies. - The notary
duplicate original copy of any instrument public shall supply a certified true copy of the notarial record,
acknowledged before the notary public shall, or any part thereof, to any person applying for such copy
within the first ten (10) days of the month upon payment of the legal fees.
following, be forwarded to the Clerk of Court and
shall be under the responsibility of such officer. If RULE VII
there is no entry to certify for the month, the SIGNATURE AND SEAL OF NOTARY PUBLIC
notary shall forward a statement to this effect in
lieu of certified copies herein required.
SECTION 1. Official Signature. – In notarizing a paper
instrument or document, a notary public shall:
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) sign by hand on the notarial certificate only the
name indicated and as appearing on the notary's
commission; chan robles virtual law library
(a) principal; (b) not sign using a facsimile stamp or printing device;
and

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(c) affix his official signature only at the time the (b) Upon written application and after payment of the
notarial act is performed. 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
SEC. 2. Official Seal. - (a) Every person commissioned as
qualifications. The Executive Judge shall charge an
notary public shall have a seal of office, to be procured at his
authorization fee in the amount of PhP 4,000 for the vendor
own expense, which shall not be possessed or owned by
and PhP 8,000 for the manufacturer. If a manufacturer is
any other person. It shall be of metal, circular in shape, two
also a vendor, he shall only pay the manufacturer's
inches in diameter, and shall have the name of the city or
authorization fee.
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 (c) The authorization shall be in effect for a period of four (4)
mark, image or impression of such seal shall be made years from the date of its issuance and may be renewed by
directly on the paper or parchment on which the writing the Executive Judge for a similar period upon payment of the
appears. authorization fee mentioned in the preceding paragraph.

(b) The official seal shall be affixed only at the time the (d) A vendor or manufacturer shall not sell a seal to a buyer
notarial act is performed and shall be clearly impressed by except upon submission of a certified copy of the
the notary public on every page of the instrument or commission and the Certificate of Authorization to Purchase
document notarized. 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
(c) When not in use, the official seal shall be kept safe and
of the Confirmation of the Change of Name issued by the
secure and shall be accessible only to the notary public or
Executive Judge.
the person duly authorized by him. chan robles virtual law
library
(e) Only one seal may be sold by a vendor or manufacturer
for each Certificate of Authorization to Purchase a Notarial
(d) Within five (5) days after the official seal of a notary
Seal.
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, (f) After the sale, the vendor or manufacturer shall affix a
shall notify the Executive Judge in writing, providing proper mark, image or impression of the seal to the Certificate of
receipt or acknowledgment, including registered mail, and in Authorization to Purchase a Notarial Seal and submit the
the event of a crime committed, provide a copy or entry completed Certificate to the Executive Judge. Copies of the
number of the appropriate police record. Upon receipt of Certificate of Authorization to Purchase a Notarial Seal and
such notice, if found in order by the Executive Judge, the the buyer's commission shall be kept in the files of the
latter shall order the notary public to cause notice of such vendor or manufacturer for four (4) years after the sale.
loss or damage to be published, once a week for three (3)
consecutive weeks, in a newspaper of general circulation in
(g) A notary public obtaining a new seal as a result of
the city or province where the notary public is commissioned.
change of name shall present to the vendor a certified copy
Thereafter, the Executive Judge shall issue to the notary
of the order confirming the change of name issued by the
public a new Certificate of Authorization to Purchase a
Executive Judge.cralaw
Notarial Seal.

RULE VIII
(e) Within five (5) days after the death or resignation of the
NOTARIAL CERTIFICATES
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 SECTION 1. Form of Notarial Certificate. - The notarial form
during office hours. In the event that the missing, lost or used for any notarial instrument or document shall conform
damaged seal is later found or surrendered, it shall be to all the requisites prescribed herein, the Rules of Court and
delivered by the notary public to the Executive Judge to be all other provisions of issuances by the Supreme Court and
disposed of in accordance with this section. Failure to effect in applicable laws.
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 SEC. 2. Contents of the Concluding Part of the Notarial
Executive Judge. Certificate. – The notarial certificate shall include the
following:

SEC. 3. Seal Image. - The notary public shall affix a single,


clear, legible, permanent, and photographically reproducible (a) the name of the notary public as exactly indicated
in the commission;
mark, image or impression of the official seal beside his
signature on the notarial certificate of a paper instrument or (b) the serial number of the commission of the notary
document. public;
(c) the words "Notary Public" and the province or city
where the notary public is commissioned, the
SEC. 4. Obtaining and Providing Seal. - (a) A vendor or expiration date of the commission, the office
manufacturer of notarial seals may not sell said product address of the notary public; and
without a written authorization from the Executive Judge. (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.

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RULE IX personally appear, the submission of the notice may be


CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC performed by his duly authorized representative.

SECTION 1. Certificate of Authority for a Notarial Act. - A SEC. 3. Publication of Resignation. - The Executive Judge
certificate of authority evidencing the authenticity of the shall immediately order the Clerk of Court to post in a
official seal and signature of a notary public shall be issued conspicuous place in the offices of the Executive Judge and
by the Executive Judge upon request in substantially the of the Clerk of Court the names of notaries public who have
following form: resigned their notarial commissions and the effective dates
of their resignation.
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY
I, (name, title, jurisdiction of the Executive Judge), certify that
SANCTIONS
(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 SECTION 1. Revocation and Administrative Sanctions. - (a)
Philippines and authorized to act as such at the time of the The Executive Judge shall revoke a notarial commission for
document's notarization. any ground on which an application for a commission may
be denied. 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). (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;


(official signature)
(2) fails to make the proper entry or entries in
his notarial register concerning his notarial
(seal of Executive Judge) acts;
(3) fails to send the copy of the entries to the
Executive Judge within the first ten (10)
RULE X days of the month following;
(4) fails to affix to acknowledgments the date of
CHANGES OF STATUS OF NOTARY PUBLIC expiration of his commission;
(5) fails to submit his notarial register, when
filled, to the Executive Judge;
SECTION 1. Change of Name and Address. - (6) fails to make his report, within a reasonable
time, to the Executive Judge concerning the
Within ten (10) days after the change of name of the notary performance of his duties, as may be
public by court order or by marriage, or after ceasing to required by the judge;
maintain the regular place of work or business, the notary (7) fails to require the presence of a principal at
public shall submit a signed and dated notice of such fact to the time of the notarial act;
the Executive Judge. (8) fails to identify a principal on the basis of
personal knowledge or competent evidence;
(9) executes a false or incomplete certificate
The notary public shall not notarize until: under Section 5, Rule IV;
(10) knowingly performs or fails to perform any
(a) he receives from the Executive Judge a other act prohibited or mandated by these
confirmation of the new name of the notary public Rules; and
and/or change of regular place of work or (11) commits any other dereliction or act which in
business; and the judgment of the Executive Judge
(b) a new seal bearing the new name has been constitutes good cause for revocation of
obtained. commission or imposition of administrative
sanction.
The foregoing notwithstanding, until the aforementioned
steps have been completed, the notary public may continue (c) Upon verified complaint by an interested, affected or
to use the former name or regular place of work or business aggrieved person, the notary public shall be required to file a
in performing notarial acts for three (3) months from the date verified answer to the complaint. If the answer of the notary
of the change, which may be extended once for valid and public is not satisfactory, the Executive Judge shall conduct
just cause by the Executive Judge for another period not a summary hearing. If the allegations of the complaint are
exceeding three (3) months. 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
SEC. 2. Resignation. - A notary public may resign his aggrieved party may appeal the decision to the Supreme
commission by personally submitting a written, dated and Court for review. Pending the appeal, an order imposing
signed formal notice to the Executive Judge together with his disciplinary sanctions shall be immediately executory, unless
notarial seal, notarial register and records. Effective from the otherwise ordered by the Supreme Court.
date indicated in the notice, he shall immediately cease to
perform notarial acts. In the event of his incapacity to

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(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.

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.

RULE XII

SPECIAL PROVISIONS

SECTION 1. Punishable Acts. - The Executive Judge shall


cause the prosecution of any person
who:chanroblesvirtuallawlibrary

(a) knowingly acts or otherwise impersonates a


notary public;
(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.

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.

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