ACT No.
2103
AN ACT PROVIDING FOR THE ACKNOWLEDGMENT AND
AUTHENTICATION OF INSTRUMENTS AND DOCUMENTS
WITHOUT THE PHILIPPINE ISLANDS.
By authority of the United States, be it enacted by the Philippine
Legislature, that:
Section 1. An instrument or document acknowledged and
authenticated in any State, Territory, the District of Columbia, or
dependency of the United States, shall be considered authentic if
the acknowledgment and authentication are made in accordance
with the following requirements:
(a) The acknowledgment shall be made before a notary
public or an officer duly authorized by law of the country
to take acknowledgments of instruments or documents in
the place where the act is done. The notary public or the
officer taking the acknowledgment shall certify that the
person acknowledging the instrument or document is
known to him and that he is the same person who
executed it, and acknowledged that the same is his free
act and deed. The certificate shall be made under his
official seal, if he is by law required to keep a seal, and if
not, his certificate shall so state.
(b) The certificate of the notary public or the officer taking
the acknowledgment shall be authenticated by the country
clerk or his deputy, or by a clerk or deputy clerk of any
court of record of the county, municipality or judicial
district wherein the acknowledgment is taken, or by the
secretary of state, executive secretary, or other similar
functionary of the state, territory, the District of Columbia,
or dependency of the United States, as the case may be.
The officer making the authentication shall certify under
the seal of his office or court that the person who took the
acknowledgment was at the time duly authorized to act as
notary public or that he was duly exercising the functions
of the office by virtue of which he assumed to act, and
that as such he had authority under the law to take
acknowledgment of instruments or documents in the
place where the acknowledgment was taken, and that his
signature and seal, if any, are genuine.
Section 2. An instrument or document acknowledged and
authenticated in a foreign country shall be considered authentic if
the acknowledgment and authentication are made in accordance
with the following requirements:
(a) The acknowledgment shall be made before (1) an
ambassador, minister, secretary of legation, chargé
d’affaires, consul, vice-consul, or consular agent of the
United States,1 acting within the country or place to which
he is accredited, or (2) a notary public or officer duly
authorized by law of the country to take acknowledgments
of instruments or documents in the place where the act is
done.
(b) The person taking the acknowledgment shall certify
that the person acknowledging the instrument or
document is known to him, and that he is the same
person who executed it, and acknowledged that the same
is his free act and deed. The certificate shall be under his
official seal, if he is by law required to keep a seal, and if
not, his certificate shall so state. In case the
acknowledgment is made before a notary public or an
officer mentioned in subdivision (2) of the preceding
paragraph, the certificate of the notary public or the officer
taking the acknowledgment shall be authenticated by an
ambassador, minister, secretary of legation, chargé
d’affaires, consul, vice-consul, or consular agent of the
United States,2 acting within the country or place to which
he is accredited. The officer making the authentication
shall certify under his official seal that the person who
 took the acknowledgment was at the time duly authorized
to act as notary public or that he was duly exercising the
functions of the office by virtue of which he assumed to
act, and that as such he had authority under the law to
take acknowledgment of instruments or documents in the
place where the acknowledgment was taken, and that his
signature and seal, if any, are genuine.
Section 3. Instruments or documents acknowledged and
authenticated in substantial conformity with the provisions of this
Act before the same takes effect shall be considered authentic.
Section 4. This Act shall not be construed to repeal in any way
any of the provisions contained in Chapter X, Part I, of Act
Numbered One hundred and ninety,3 entitled "An Act providing a
code or procedure in civil actions and special proceedings in the
Philippine Islands."
Enacted, January 26, 1912.
ARTICLE V
Notarial Register
SECTION 245. Notarial register. – Every notary public
shall keep a register to be known as the notarial register,
wherein record shall be made of all his official acts as
notary; and he shall supply a certified copy of such
record, or any part thereof, to any person applying for it
and paying the legal fees therefor.
Such register shall be kept in books to be furnished by
the Attorney-General to any notary public upon request
and upon payment of the actual cost thereof, but officers
exercising the functions of notaries public ex officio shall
be supplied with the register at Government expense.
The register shall be duly paged, and on the first page
the Attorney-General shall certify the number of pages of
which the book consist.
[2657–279.]
SECTION 246. Matters to be entered therein – The
notary public shall enter in such register, in chronological
order, the nature of each instrument executed, sworn to,
or acknowledged before him, the person executing,
swearing to, or acknowledging the instrument, the
witnesses, if any, to the signature, the date of the
execution, oath, or acknowledgment of the instrument,
the fees collected by hint for his services as notary in
connection therewith, and; when the instrument is a
contract, he shall keep a correct copy thereof as part of
his records, and shall likewise enter in said records a
brief description of the substance thereof, and shall give such officer: Provided, That if there is no entry to certify
to each entry a consecutive number, beginning with for the month, the notary shall forward a statement to this
number one in each calendar year. The notary shall give effect in lieu of the certified copies herein required.
to each instrument executed, sworn to, or acknowledged
before him a number corresponding to the one in his
register, and shall also state on the instrument the page
or pages of his register on which the same is recorded.
No blank line shall be left between entries.

When a notary public shall protest any draft, bill of

exchange, or promissory note, he shall make a full and
true record in his notarial register of all his proceedings in
relation thereto, and shall note therein whether the
demand or the sum of money therein mentioned was
made, of whom, when, and where; whether he presented
such draft, bill, or note; whether notices were given, to
whom, and in what manner; where the same was made,
and when, and to whom, and where directed; and of
every other fact touching the same.

At the end of each week the notary shall certify in his

register the number of instruments executed, sworn to,
acknowledged, or protested before him; or if none such,
certificate shall show this fact.

[2657–280]

A certified copy of each month’s entries as described in

this section and a certified copy of any instrument
acknowledged before them shall within the first ten days
of the month next following be forwarded by the notaries
public to the clerk of the Court of First Instance of the
province and shall be filed under the responsibility of CHAPTER 10
 Official Oaths notaries public, municipal judges and clerks of court, are
not obliged to administer oaths or execute certificates save
SECTION 40. Oaths of Office for Public Officers and in matters of official business; and with the exception of
Employees.—All public officers and employees of the notaries public, the officer performing the service in those
government including every member of the armed forces matters shall charge no fee, unless specifically authorized
shall, before entering upon the discharge of his duties, by law.
take an oath or affirmation to uphold and defend the
Constitution; that he will bear true faith and allegiance to
it; obey the laws, legal orders and decrees promulgated by
the duly constituted authorities; will well and faithfully
discharge to the best of his ability the duties of the office
or position upon which he is about to enter; and that he
voluntarily assumes the obligation imposed by his oath of
office, without mental reservation or purpose of evasion.
Copies of the oath shall be deposited with the Civil Service
Commission and the National Archives.

SECTION 41. Officers Authorized to Administer Oath.—

(1) The following officers have general authority to
administer oath: Notaries public, members of the judiciary,
clerks of courts, the Secretary of the either House of the
Congress of the Philippines, of departments, bureau
directors, registers of deeds, provincial governors and
lieutenant-governors, city mayors, municipal mayors and
any other officer in the service of the government of the
Philippines whose appointment is vested in the President.

(2) Oaths may also be administered by any officer whose

duties, as defined by law or regulation, require
presentation to him of any statement under oath.

SECTION 42. Duty to Administer Oath.—Officers

authorized to administer oaths, with the exception of
SECTION 163. Presentation of Community Tax Certificate
On Certain Occasions. – (a) When an individual subject to
the community tax acknowledges any document before a
notary public, takes the oath of office upon election or
appointment to any position in the government service;
receives any license, certificate, or permit from any public
authority; pays any tax or fee; receives any money from
any public fund; transacts other official business; or
receives any salary or wage from any person or
corporation, it shall be the duty of any person, officer, or
corporation with whom such transaction is made or
business done or from whom any salary or wage is
received to require such individual to exhibit the
community tax certificate.
The presentation of community tax certificate shall not be
required in connection with the registration of a voter.
NIRC
SEC. 201. Effect of Failure to Stamp Taxable Document. - An
instrument, document or paper which is required by law to be
stamped and which has been signed, issued, accepted or
transferred without being duly stamped, shall not be recorded,
nor shall it or any copy thereof or any record of transfer of the
same be admitted or used in evidence in any court until the
requisite stamp or stamps are affixed thereto and cancelled.
No notary public or other office authorized to administer oaths
shall add this jurat or acknowledgment to any document
subject to documentary stamp tax unless the proper
documentary stamps are affixed thereto and cancelled.

(b) When, through its authorized officers, any corporation

subject to the community tax receives any license,
certificate, or permit from any public authority, pays any
tax or fee, receives money from public funds, or transacts
other official business, it shall be the duty of the public
official with whom such transaction is made or business
done, to require such corporation to exhibit the community
tax certificate.

(c) The community tax certificate required in the two

preceding paragraphs shall be the one issued for the
current year, except for the period from January until the
fifteenth (15th) of April each year, in which case, the
certificate issued for the preceding year shall suffice.
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
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: c hanro blesvi rt uallawl ibra ry

the Appointment of Notaries Public and the (a) appears in person before the notary public and
Performance and Exercise of Their Official presents an integrally complete instrument or
Functions, of the Committees on Revision of the document;
Rules of Court and on Legal Education and Bar chan robles virtual law library
Matters, the Court Resolved to APPROVE the (b) is attested to be personally known to the
proposed Rules on Notarial Practice of 2004, with notary public or identified by the notary public
modifications, thus: chan roblesv irt uallawl ibra ry through competent evidence of identity as defined
2004 RULES ON NOTARIAL PRACTICE by these Rules; and -
RULE I chan robles virtual law library
IMPLEMENTATION (c) represents to the notary public that the
SECTION 1. Title. - These Rules shall be known as signature on the instrument or document was
the 2004 Rules on Notarial Practice. voluntarily affixed by him for the purposes stated
SEC. 2. Purposes. - These Rules shall be applied in the instrument or document, declares that he
and construed to advance the following has executed the instrument or document as his
purposes: chan roble svi rtual lawlib rary free and voluntary act and deed, and, if he acts in
(a) to promote, serve, and protect public a particular representative capacity, that he has
interest; chan robles virtual law library the authority to sign in that capacity.
(b) to simplify, clarify, and modernize the rules SEC. 2. Affirmation or Oath. - The term
governing notaries public; and “Affirmation” or “Oath” refers to an act in which an
(c) to foster ethical conduct among notaries individual on a single occasion: chan robles virtual law library
public. chan robles virtual law library (a) appears in person before the notary public; chan
SEC. 3. Interpretation. - Unless the context of robles virtual law library
these Rules otherwise indicates, words in the (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
and chan robles virtual law library presence of the notary; and
(c) avows under penalty of law to the whole truth (d) takes an oath or affirmation before the notary
of the contents of the instrument or document. public as to such instrument or document.
SEC. 3. Commission. - “Commission” refers to the SEC. 7. Notarial Act and Notarization. - “Notarial
grant of authority to perform notarial acts and to Act” and “Notarization” refer to any act that a
the written evidence of the authority. notary public is empowered to perform under these
SEC. 4. Copy Certification. - “Copy Certification” Rules.
refers to a notarial act in which a notary public: cha nrob lesvi rtua llawlib ra ry SEC. 8. Notarial Certificate. - “Notarial Certificate”
(a) is presented with an instrument or document refers to the part of, or attachment to, a notarized
that is neither a vital record, a public record, nor instrument or document that is completed by the
publicly recordable; notary public, bears the notary's signature and
(b) copies or supervises the copying of the seal, and states the facts attested to by the notary
instrument or document; public in a particular notarization as provided for
(c) compares the instrument or document with the by these Rules.chan robles virtual law library
copy; and SEC. 9. Notary Public and Notary. - “Notary Public”
(d) determines that the copy is accurate and and “Notary” refer to any person commissioned to
complete. perform official acts under these Rules. c ralaw

SEC. 5. Notarial Register. - “Notarial Register” SEC. 10. Principal. - “Principal” refers to a person
refers to a permanently bound book with numbered appearing before the notary public whose act is the
pages containing a chronological record of notarial subject of notarization. chan robles virtual law library
acts performed by a notary public. chan robles virtual law SEC. 11. Regular Place of Work or Business. - The
library term “regular place of work or business” refers to
SEC. 6. Jurat. - “Jurat” refers to an act in which an a stationary office in the city or province wherein
individual on a single occasion: cha nrob lesvi rtua llawlib ra ry the notary public renders legal and notarial
(a) appears in person before the notary public and services. chan robles virtual law library
presents an instrument or document; SEC. 12. Competent Evidence of Identity. - The
(b) is personally known to the notary public or phrase “competent evidence of identity” refers to
identified by the notary public through competent the identification of an individual based on: chan roble svirtual lawlib rary

evidence of identity as defined by these Rules; chan (a) at least one current identification document
robles virtual law library issued by an official agency bearing the photograph
and signature of the individual; or chan robles virtual law
library
(b) the oath or affirmation of one credible witness
not privy to the instrument, document or
transaction who is personally known to the notary
public and who personally knows the individual, or
of two credible witnesses neither of whom is privy
to the instrument, document or transaction who
each personally knows the individual and shows to
the notary public documentary identification.
SEC. 13. Official Seal or Seal. - “Official seal” or
“Seal” refers to a device for affixing a mark, image
or impression on all papers officially signed by the
notary public conforming the requisites prescribed
by these Rules.
SEC. 14. Signature Witnessing. - The term
“signature witnessing” refers to a notarial act in
which an individual on a single occasion: chan robles
virtual law library
(a) appears in person before the notary public and
presents an instrument or document;
(b) is personally known to the notary public or
identified by the notary public through competent
evidence of identity as defined by these Rules;
and chan robles virtual law library
(c) signs the instrument or document in the
presence of the notary public.
SEC. 15. Court. - “Court” refers to the Supreme
Court of the Philippines.
SEC. 16. Petitioner. - “Petitioner” refers to a person
who applies for a notarial commission. c ralaw
SEC. 17. Office of the Court Administrator. - “Office
of the Court Administrator” refers to the Office of
the Court Administrator of the Supreme Court. cra law
SEC. 18. Executive Judge. - “Executive Judge”
refers to the Executive Judge of the Regional Trial
Court of a city or province who issues a notarial
commission. c ralaw
SEC. 19. Vendor. - “Vendor” under these Rules
refers to a seller of a notarial seal and shall include
a wholesaler or retailer. chan robles virtual law library
SEC. 20. Manufacturer. - “Manufacturer” under
these Rules refers to one who produces a notarial
seal and shall include an engraver and seal
maker. chan robles virtual law library
RULE III
COMMISSIONING OF NOTARY PUBLIC
SECTION 1. Qualifications. - A notarial commission
may be issued by an Executive Judge to any
qualified person who submits a petition in
accordance with these Rules. chan robles virtual law library
To be eligible for commissioning as notary public,
the petitioner: cha nrob lesvi rtua llawlib ra ry
(1) must be a citizen of the Philippines; chan robles
virtual law library
(2) must be over twenty-one (21) years of
age; chan robles virtual law library
(3) must be a resident in the Philippines for at
least one (1) year and maintains a regular place of
work or business in the city or province where the
commission is to be issued; chan robles virtual law library
(4) must be a member of the Philippine Bar in good
standing with clearances from the Office of the Bar
Confidant of the Supreme Court and the Integrated
Bar of the Philippines; and
(5) must not have been convicted in the first
instance of any crime involving moral turpitude.
SEC. 2. Form of the Petition and Supporting
Documents. - Every petition for a notarial
commission shall be in writing, verified, and shall
include the following: cha nrob lesvi rtua llawli bra ry
(a) a statement containing the petitioner's
personal qualifications, including the petitioner's
date of birth, residence, telephone number,
professional tax receipt, roll of attorney's number
and IBP membership number;
(b) certification of good moral character of the
petitioner by at least two (2) executive officers of
the local chapter of the Integrated Bar of the
Philippines where he is applying for commission;
(c) proof of payment for the filing of the petition
as required by these Rules; and
(d) three (3) passport-size color photographs with
light background taken within thirty (30) days of
the application. The photograph should not be
retouched. The petitioner shall sign his name at the
bottom part of the photographs.
SEC. 3. Application Fee. - Every petitioner for a
notarial commission shall pay the application fee as
prescribed in the Rules of Court. chan robles virtual law library
SEC. 4. Summary Hearing on the Petition. - The
Executive Judge shall conduct a summary hearing
on the petition and shall grant the same if: cha nrob lesvi rtua llawli bra ry
(a) the petition is sufficient in form and
substance;
(b) the petitioner proves the allegations contained
in the petition; and
(c) the petitioner establishes to the satisfaction of
the Executive Judge that he has read and fully
understood these Rules.
The Executive Judge shall forthwith issue a
commission and a Certificate of Authorization to
Purchase a Notarial Seal in favor of the
petitioner. chan robles virtual law library
SEC. 5. Notice of Summary Hearing. -
(a) The notice of summary hearing shall be
published in a newspaper of general circulation in
the city or province where the hearing shall be
conducted and posted in a conspicuous place in the
offices of the Executive Judge and of the Clerk of
Court. The cost of the publication shall be borne by
the petitioner. The notice may include more than
one petitioner.
(b) The notice shall be substantially in the
following form: cha nrob lesvi rtua llawli bra ry
NOTICE OF HEARING
Notice is hereby given that a summary
hearing on the petition for notarial
commission of (name of petitioner) shall be
held on (date) at (place) at (time). Any
person who has any cause or reason to object
to the grant of the petition may file a verified
written opposition thereto, received by the
undersigned before the date of the summary
hearing. chan robles virtual law library
chanrobles virtu al law librar y
_____________________
Executive Judge
SEC. 6. Opposition to Petition. - Any person who
has any cause or reason to object to the grant of
the petition may file a verified written opposition
thereto. The opposition must be received by the
Executive Judge before the date of the summary
hearing. chan robles virtual law library
SEC. 7. Form of Notarial Commission. - The
commissioning of a notary public shall be in a
formal order signed by the Executive Judge
substantially in the following form: cha nrob lesvi rtua llawli bra ry
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
______________
This is to certify that (name of notary public)
of (regular place of work or business) in (city
or province) was on this (date) day of
(month) two thousand and (year)
commissioned by the undersigned as a notary
public, within and for the said jurisdiction, for
a term ending the thirty-first day of December
(year) chan robles virtual law library
________________________
Executive Judge
SEC. 8. Period Of Validity of Certificate of
Authorization to Purchase a Notarial Seal. -
The Certificate of Authorization to Purchase a
Notarial Seal shall be valid for a period of three (3)
months from date of issue, unless extended by the
Executive Judge.
A mark, image or impression of the seal that may
be purchased by the notary public pursuant to the
Certificate shall be presented to the Executive
Judge for approval prior to use. cra law
SEC. 9. Form of Certificate of Authorization to
Purchase a Notarial Seal. - The Certificate of
Authorization to Purchase a Notarial Seal shall
substantially be in the following form: chanro blesvi rt uallawl ibra ry
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
OF_____________ chan robles virtual law library
OF CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL chan robles virtual law
library
This is to authorize (name of notary public) of
(city or province) who was commissioned by
the undersigned as a notary public, within
and for the said jurisdiction, for a term
ending, the thirty-first of December (year) to
purchase a notarial seal. chan robles virtual law library
chan robles virtual law librar y
Issued this (day) of (month) (year).
________________________
Executive Judge
SEC. 10. Official Seal of Notary Public. - Every Failure to file said application will result in the
person commissioned as notary public shall have deletion of the name of the notary public in the
only one official seal of office in accordance with register of notaries public. cralaw

these Rules.
SEC. 11. Jurisdiction and Term. - A person
commissioned as notary public may perform
notarial acts in any place within the territorial
jurisdiction of the commissioning court for a period
of two (2) years commencing the first day of
January of the year in which the commissioning is
made, unless earlier revoked or the notary public
has resigned under these Rules and the Rules of
Court. chan robles virtual law library
SEC. 12. Register of Notaries Public. - The
Executive Judge shall keep and maintain a Register
The notary public thus removed from the Register
of Notaries Public may only be reinstated therein
after he is issued a new commission in accordance
with these Rules. chan robles virtual law library
SEC. 14. Action on Application for Renewal of
Commission. - The Executive Judge shall, upon
payment of the application fee mentioned in
Section 3 above of this Rule, act on an application
for the renewal of a commission within thirty (30)
days from receipt thereof. If the application is
denied, the Executive Judge shall state the reasons
therefor. cralaw

of Notaries Public in his jurisdiction which shall RULE IV

contain, among others, the dates of issuance or
revocation or suspension of notarial commissions,
and the resignation or death of notaries public. The
Executive Judge shall furnish the Office of the Court
Administrator information and data recorded in the
POWERS AND LIMITATIONS OF NOTARIES
PUBLIC
SECTION 1. Powers. - (a) A notary public is
empowered to perform the following notarial
acts: c han roblesv irt uallawl ibra ry

register of notaries public. The Office of the Court (1) acknowledgments;

Administrator shall keep a permanent, complete (2) oaths and affirmations;
and updated database of such records. chan robles virtual (3) jurats; chan robles virtual law library

law library (4) signature witnessings;

SEC. 13. Renewal of Commission. - A notary public (5) copy certifications; and
may file a written application with the Executive (6) any other act authorized by these Rules.
Judge for the renewal of his commission within (b) A notary public is authorized to certify the
forty-five (45) days before the expiration thereof. affixing of a signature by thumb or other mark on
A mark, image or impression of the seal of the an instrument or document presented for
notary public shall be attached to the application. cra law notarization if: chan roblesv irtuallaw lib rary
(1) the thumb or other mark is affixed in the
presence of the notary public and of two (2)
disinterested and unaffected witnesses to the
instrument or document;
(2) both witnesses sign their own names in
addition to the thumb or other mark;
(3) the notary public writes below the thumb or
other mark: "Thumb or Other Mark affixed by
(name of signatory by mark) in the presence of
(names and addresses of witnesses) and
undersigned notary public"; and chan robles virtual law
library
(4) the notary public notarizes the signature by
thumb or other mark through an acknowledgment,
jurat, or signature witnessing.
(c) A notary public is authorized to sign on behalf
of a person who is physically unable to sign or
make a mark on an instrument or document if: cha nrob lesvi rtua llawli bra ry
(1) the notary public is directed by the person
unable to sign or make a mark to sign on his
behalf;
(2) the signature of the notary public is affixed in
the presence of two disinterested and unaffected
witnesses to the instrument or document;
(3) both witnesses sign their own names ;
(4) the notary public writes below his signature:
“Signature affixed by notary in presence of (names
and addresses of person and two [2] witnesses)”;
and
(5) the notary public notarizes his signature by
acknowledgment or jurat.
SEC. 2. Prohibitions. - (a) A notary public shall not
perform a notarial act outside his regular place of
work or business; provided, however, that on
certain exceptional occasions or situations, a
notarial act may be performed at the request of the
parties in the following sites located within his
territorial jurisdiction: chan robles virtual law library
(1) public offices, convention halls, and similar
places where oaths of office may be administered;
(2) public function areas in hotels and similar
places for the signing of instruments or documents
requiring notarization;
(3) hospitals and other medical institutions where
a party to an instrument or document is confined
for treatment; and
(4) any place where a party to an instrument or
document requiring notarization is under
detention.
(b) A person shall not perform a notarial act if the
person involved as signatory to the instrument or
document -
(1) is not in the notary's presence personally at
the time of the notarization; and
(2) is not personally known to the notary public or
otherwise identified by the notary public through
competent evidence of identity as defined by these
Rules.chan robles virtual law library
SEC. 3. Disqualifications. - A notary public is
disqualified from performing a notarial act if he: cha nrob lesvi rtua llawli bra ry
(a) is a party to the instrument or document that
is to be notarized; chan robles virtual law library
(b) will receive, as a direct or indirect result, any
commission, fee, advantage, right, title, interest,
cash, property, or other consideration, except as
provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor,
descendant, or relative by affinity or consanguinity
of the principal within the fourth civil degree. chan
robles virtual law library
SEC. 4. Refusal to Notarize. - A notary public shall
not perform any notarial act described in these
Rules for any person requesting such an act even
if he tenders the appropriate fee specified by these
Rules if: c han roblesv irt uallawl ibra ry
(a) the notary knows or has good reason to believe
that the notarial act or transaction is unlawful or
immoral;
(b) the signatory shows a demeanor which
engenders in the mind of the notary public
reasonable doubt as to the former's knowledge of
the consequences of the transaction requiring a
notarial act; and
(c) in the notary's judgment, the signatory is not
acting of his or her own free will.
SEC. 5. False or Incomplete Certificate. - A notary
public shall not: chan robles virtual law library
(a) execute a certificate containing information
known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial
certificate that is incomplete.chan robles virtual law library
SEC. 6. Improper Instruments or Documents. - A
notary public shall not notarize: chan roble svirtual lawlib rary
(a) a blank or incomplete instrument or document;
or chan robles virtual law library
(b) an instrument or document without appropriate
notarial certification.
RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver of Fees. - For
performing a notarial act, a notary public may
charge the maximum fee as prescribed by the
Supreme Court unless he waives the fee in whole
or in part.
chan robles virtual law library
SEC. 2. Travel Fees and Expenses. - A notary public
may charge travel fees and expenses separate and
apart from the notarial fees prescribed in the
preceding section when traveling to perform a
notarial act if the notary public and the person
requesting the notarial act agree prior to the
travel. c ralaw
SEC. 3. Prohibited Fees. – No fee or compensation
of any kind, except those expressly prescribed and
allowed herein, shall be collected or received for
any notarial service. cralaw
SEC. 4. Payment or Refund of Fees. - A notary
public shall not require payment of any fees
specified herein prior to the performance of a
notarial act unless otherwise agreed upon. chan robles
virtual law library
Any travel fees and expenses paid to a notary
public prior to the performance of a notarial act are
not subject to refund if the notary public had
already traveled but failed to complete in whole or
in part the notarial act for reasons beyond his
control and without negligence on his part. cra law
SEC. 5. Notice of Fees. - A notary public who
charges a fee for notarial services shall issue a
receipt registered with the Bureau of Internal
Revenue and keep a journal of notarial fees. He
shall enter in the journal all fees charged for
services rendered. chan robles virtual law library
A notary public shall post in a conspicuous place in
his office a complete schedule of chargeable
notarial fees. c ralaw
RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. - (a) A
notary public shall keep, maintain, protect and
provide for lawful inspection as provided in these
Rules, a chronological official notarial register of
notarial acts consisting of a permanently bound
book with numbered pages. chan robles virtual law library
The register shall be kept in books to be furnished
by the Solicitor General to any notary public upon
request and upon payment of the cost thereof. The
register shall be duly paged, and on the first page,
the Solicitor General shall certify the number of
pages of which the book consists. c ralaw
For purposes of this provision, a Memorandum of
Agreement or Understanding may be entered into
by the Office of the Solicitor General and the Office
of the Court Administrator. chan robles virtual law library
(b) A notary public shall keep only one active
notarial register at any given time. c ralaw
SEC. 2. Entries in the Notarial Register. - (a) For
every notarial act, the notary shall record in the
notarial register at the time of notarization the
following: chan robles virtual law library
(1) the entry number and page number; chan robles
virtual law library
(2) the date and time of day of the notarial act;
(3) the type of notarial act; chan robles virtual law library
(4) the title or description of the instrument,
document or proceeding;
(5) the name and address of each principal; chan robles
virtual law library
(6) the competent evidence of identity as defined
by these Rules if the signatory is not
personally known to the notary; chan robles virtual law
library
(7) the name and address of each credible witness
swearing to or affirming the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was
performed if not in the notary's regular place of
work or business; and
(10) any other circumstance the notary public may
deem of significance or relevance.
(b) A notary public shall record in the notarial
register the reasons and circumstances for not
completing a notarial act.
(c) A notary public shall record in the notarial
register the circumstances of any request to
inspect or copy an entry in the notarial register,
including the requester's name, address,
signature, thumbmark or other recognized
identifier, and evidence of identity. The reasons for
refusal to allow inspection or copying of a journal
entry shall also be recorded. cralaw
(d) When the instrument or document is a contract,
the notary public shall keep an original copy
thereof as part of his records and enter in said
records a brief description of the substance thereof
and shall give to each entry a consecutive number,
beginning with number one in each calendar year.
He shall also retain a duplicate original copy for the
Clerk of Court. cralaw
(e) The notary public shall give to each instrument
or document executed, sworn to, or acknowledged
before him a number corresponding to the one in
his register, and shall also state on the instrument
or document the page/s of his register on which the
same is recorded. No blank line shall be left
between entries. cralaw
(f) In case of a protest of any draft, bill of exchange
or promissory note, the notary public shall make a
full and true record of all proceedings in relation
thereto and shall note therein whether the demand
for the sum of money was made, by whom, when,
and where; whether he presented such draft, bill
or note; whether notices were given, to whom and
in what manner; where the same was made, when
and to whom and where directed; and of every
other fact touching the same. c ralaw
(g) At the end of each week, the notary public shall
certify in his notarial register the number of
instruments or documents executed, sworn to,
acknowledged, or protested before him; or if none,
this certificate shall show this fact. c ralaw
(h) A certified copy of each month's entries and a
duplicate original copy of any instrument
acknowledged before the notary public shall, within
the first ten (10) days of the month following, be
forwarded to the Clerk of Court and shall be under
the responsibility of such officer. If there is no entry
to certify for the month, the notary shall forward a
statement to this effect in lieu of certified copies
herein required. cralaw
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: chan roble svi rtual lawlib rary
(a) principal;
(b) credible witness swearing or affirming to the
identity of a principal; and
(c) witness to a signature by thumb or other mark,
or to a signing by the notary public on behalf of a
person physically unable to sign.
SEC. 4. Inspection, Copying and Disposal. - (a) In
the notary's presence, any person may inspect an
entry in the notarial register, during regular
business hours, provided;
(1) the person's identity is personally known to the
notary public or proven through competent
evidence of identity as defined in these Rules;
(2) the person affixes a signature and thumb or
other mark or other recognized identifier, in the
notarial register in a separate, dated entry;
(3) the person specifies the month, year, type of
instrument or document, and name of the principal
in the notarial act or acts sought; and
(4) the person is shown only the entry or entries
specified by him.
(b) The notarial register may be examined by a law
enforcement officer in the course of an official
investigation or by virtue of a court order.
(c) If the notary public has a reasonable ground to
believe that a person has a criminal intent or
wrongful motive in requesting information from the
notarial register, the notary shall deny access to
any entry or entries therein.
c ralaw
SEC. 5. Loss, Destruction or Damage of Notarial
Register. - (a) In case the notarial register is
stolen, lost, destroyed, damaged, or otherwise
rendered unusable or illegible as a record of
notarial acts, the notary public shall, within ten
(10) days after informing the appropriate law
enforcement agency in the case of theft or
vandalism, notify the Executive Judge by any
means providing a proper receipt or
acknowledgment, including registered mail and
also provide a copy or number of any pertinent
police report.
cra law
(b) Upon revocation or expiration of a notarial
commission, or death of the notary public, the
notarial register and notarial records shall
immediately be delivered to the office of the
Executive Judge. cra law
SEC. 6. Issuance of Certified True Copies. - The
notary public shall supply a certified true copy of
the notarial record, or any part thereof, to any
person applying for such copy upon payment of the
legal fees. c ralaw
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. – In notarizing a
paper instrument or document, a notary public
shall:cha nrob lesvi rtua llawli bra ry
(a) sign by hand on the notarial certificate only the
name indicated and as appearing on the notary's
commission; chan robles virtual law library
(b) not sign using a facsimile stamp or printing
device; and
(c) affix his official signature only at the time the
notarial act is performed.
SEC. 2. Official Seal. - (a) Every person
commissioned as notary public shall have a seal of
office, to be procured at his own expense, which
shall not be possessed or owned by any other
person. It shall be of metal, circular in shape, two
inches in diameter, and shall have the name of the
city or province and the word “Philippines” and his
own name on the margin and the roll of attorney's
number on the face thereof, with the words "notary
public" across the center. A mark, image or
impression of such seal shall be made directly on
the paper or parchment on which the writing
appears.
(b) The official seal shall be affixed only at the time
the notarial act is performed and shall be clearly
impressed by the notary public on every page of
the instrument or document notarized. chan robles virtual
law library
(c) When not in use, the official seal shall be kept
safe and secure and shall be accessible only to the
notary public or the person duly authorized by
him. chan robles virtual law library
(d) Within five (5) days after the official seal of a
notary public is stolen, lost, damaged or other
otherwise rendered unserviceable in affixing a
legible image, the notary public, after informing the
appropriate law enforcement agency, shall notify
the Executive Judge in writing, providing proper
receipt or acknowledgment, including registered
mail, and in the event of a crime committed,
provide a copy or entry number of the appropriate
police record. Upon receipt of such notice, if found
in order by the Executive Judge, the latter shall
order the notary public to cause notice of such loss
or damage to be published, once a week for three
(3) consecutive weeks, in a newspaper of general
circulation in the city or province where the notary
public is commissioned. Thereafter, the Executive
Judge shall issue to the notary public a new
Certificate of Authorization to Purchase a Notarial
Seal. c ralaw
(e) Within five (5) days after the death or
resignation of the notary public, or the revocation
or expiration of a notarial commission, the official
seal shall be surrendered to the Executive Judge
and shall be destroyed or defaced in public during
office hours. In the event that the missing, lost or
damaged seal is later found or surrendered, it shall
be delivered by the notary public to the Executive
Judge to be disposed of in accordance with this
section. Failure to effect such surrender shall
constitute contempt of court. In the event of death
of the notary public, the person in possession of
the official seal shall have the duty to surrender it
to the Executive Judge. cralaw
SEC. 3. Seal Image. - The notary public shall affix
a single, clear, legible, permanent, and
photographically reproducible mark, image or
impression of the official seal beside his signature
on the notarial certificate of a paper instrument or
document. cra law
SEC. 4. Obtaining and Providing Seal. - (a) A
vendor or manufacturer of notarial seals may not
sell said product without a written authorization
from the Executive Judge. cra law
(b) Upon written application and after payment of
the application fee, the Executive Judge may issue
an authorization to sell to a vendor or manufacturer
of notarial seals after verification and investigation
of the latter's qualifications. The Executive Judge
shall charge an authorization fee in the amount of
PhP 4,000 for the vendor and PhP 8,000 for the
manufacturer. If a manufacturer is also a vendor,
he shall only pay the manufacturer's authorization
fee.
cralaw
(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. c ralaw
(d) A vendor or manufacturer shall not sell a seal
to a buyer except upon submission of a certified
copy of the commission and the Certificate of
Authorization to Purchase a Notarial Seal issued by
the Executive Judge. A notary public obtaining a
new seal as a result of change of name shall
present to the vendor or manufacturer a certified
copy of the Confirmation of the Change of Name
issued by the Executive Judge. c ralaw
(e) Only one seal may be sold by a vendor or
manufacturer for each Certificate of Authorization
to Purchase a Notarial Seal. c ralaw
(f) After the sale, the vendor or manufacturer shall
affix a mark, image or impression of the seal to the
Certificate of Authorization to Purchase a Notarial
Seal and submit the completed Certificate to the
Executive Judge. Copies of the Certificate of
Authorization to Purchase a Notarial Seal and the
buyer's commission shall be kept in the files of the
vendor or manufacturer for four (4) years after the
sale. cra law
(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. cra law
RULE VIII
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. - The
notarial form used for any notarial instrument or
document shall conform to all the requisites
prescribed herein, the Rules of Court and all other
provisions of issuances by the Supreme Court and
in applicable laws. chan robles virtual law library
SEC. 2. Contents of the Concluding Part of the
Notarial Certificate. – The notarial certificate shall
include the following: cha nrob lesvi rtua llawli bra ry
(a) the name of the notary public as exactly
indicated in the commission;
(b) the serial number of the commission of the
notary public;
(c) the words "Notary Public" and the province or
city where the notary public is commissioned, the
expiration date of the commission, the office
address of the notary public; and
(d) the roll of attorney's number, the professional
tax receipt number and the place and date of
issuance thereof, and the IBP membership number.
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES
PUBLIC
SECTION 1. Certificate of Authority for a Notarial
Act. - A certificate of authority evidencing the
authenticity of the official seal and signature of a
notary public shall be issued by the Executive
Judge upon request in substantially the following
form: chan robles virtual law library
CERTIFICATE OF AUTHORITY FOR
NOTARIAL ACT
I, (name, title, jurisdiction of the Executive
Judge), certify that (name of notary public),
the person named in the seal and signature
on the attached document, is a Notary Public
in and for the (City/Municipality/Province) of
the Republic of the Philippines and authorized
to act as such at the time of the document's
notarization. chan robles virtual law library
chanrobles virtual law library
IN WITNESS WHEREOF, I have affixed below
my signature and seal of this office this (date)
day of (month) (year). chan robles virtual law library
chanrobles virtual
_________________
(official signature)
(seal of Executive Judge)
RULE X
CHANGES OF STATUS OF NOTARY PUBLIC
SECTION 1. Change of Name and Address. -
Within ten (10) days after the change of name of
the notary public by court order or by marriage, or
after ceasing to maintain the regular place of work
or business, the notary public shall submit a signed
and dated notice of such fact to the Executive
Judge.
The notary public shall not notarize until:
(a) he receives from the Executive Judge a
confirmation of the new name of the notary public
and/or change of regular place of work or business;
and
A
(b) a new seal bearing the new name has been
obtained.
The foregoing notwithstanding, until the
aforementioned steps have been completed, the
notary public may continue to use the former name
or regular place of work or business in performing
notarial acts for three (3) months from the date of
the change, which may be extended once for valid
and just cause by the Executive Judge for another
period not exceeding three (3) months.
SEC. 2. Resignation. - A notary public may resign
law library his commission by personally submitting a written,
dated and signed formal notice to the Executive
Judge together with his notarial seal, notarial
register and records. Effective from the date
indicated in the notice, he shall immediately cease
to perform notarial acts. In the event of his
incapacity to personally appear, the submission of
the notice may be performed by his duly authorized
representative.cralaw
SEC. 3. Publication of Resignation. - The Executive
Judge shall immediately order the Clerk of Court to
post in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court the
names of notaries public who have resigned their
chan roble svirtual lawlib rary notarial commissions and the effective dates of
their resignation. cralaw
 RULE XI Section 5, Rule IV;
REVOCATION OF COMMISSION AND (10) knowingly performs or fails to perform any
DISCIPLINARY SANCTIONS other act prohibited or mandated by these Rules;
SECTION 1. Revocation and Administrative and
Sanctions. - (a) The Executive Judge shall revoke (11) commits any other dereliction or act which in
a notarial commission for any ground on which an the judgment of the Executive Judge constitutes
application for a commission may be denied. chan good cause for revocation of commission or
robles virtual law library imposition of administrative sanction.
(b) In addition, the Executive Judge may revoke (c) Upon verified complaint by an interested,
the commission of, or impose appropriate affected or aggrieved person, the notary public
administrative sanctions upon, any notary public shall be required to file a verified answer to the
who: chan roble svirtuallaw lib rary complaint. If the answer of the notary public is not
(1) fails to keep a notarial register; satisfactory, the Executive Judge shall conduct a
(2) fails to make the proper entry or entries in his summary hearing. If the allegations of the
notarial register concerning his notarial acts; complaint are not proven, the complaint shall be
(3) fails to send the copy of the entries to the dismissed. If the charges are duly established, the
Executive Judge within the first ten (10) days of Executive Judge shall impose the appropriate
the month following; administrative sanctions. In either case, the
(4) fails to affix to acknowledgments the date of aggrieved party may appeal the decision to the
expiration of his commission; Supreme Court for review. Pending the appeal, an
(5) fails to submit his notarial register, when filled, order imposing disciplinary sanctions shall be
to the Executive Judge; immediately executory, unless otherwise ordered
(6) fails to make his report, within a reasonable by the Supreme Court.
time, to the Executive Judge concerning the (d) The Executive Judge may motu proprio initiate
performance of his duties, as may be required by administrative proceedings against a notary public,
the judge; subject to the procedures prescribed in paragraph
(7) fails to require the presence of a principal at the (c) above and impose the appropriate
time of the notarial act; administrative sanctions on the grounds mentioned
(8) fails to identify a principal on the basis of in the preceding paragraphs (a) and (b). cra law

personal knowledge or competent evidence; SEC. 2. Supervision and Monitoring of Notaries

(9) executes a false or incomplete certificate under Public. - The Executive Judge shall at all times
exercise supervision over notaries public and shall
closely monitor their activities. chan robles virtual law library
SEC. 3. Publication of Revocations
Administrative Sanctions. - The Executive Judge
shall immediately order the Clerk of Court to post
in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court the
names of notaries public who have been
administratively sanctioned or whose notarial
commissions have been revoked. cralaw
SEC. 4. Death of Notary Public. - If a notary public
dies before fulfilling the obligations in Section 4(e),
Rule VI and Section 2(e), Rule VII, the Executive
Judge, upon being notified of such death, shall
forthwith cause compliance with the provisions of
these sections. chan robles virtual law library
RULE XII
SPECIAL PROVISIONS
SECTION 1. Punishable Acts. - The Executive Judge
shall cause the prosecution of any person who:
(a) knowingly acts or otherwise impersonates a
notary public; chan robles virtual law library
(b) knowingly obtains, conceals, defaces, or
destroys the seal, notarial register, or official
records of a notary public;
(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.
and RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
SECTION 1. Repeal. - All rules and parts of rules,
including issuances of the Supreme Court
inconsistent herewith, are hereby repealed or
accordingly modified. chan robles virtual law library
SEC. 2. Effective Date. - These Rules shall take
effect on the first day of August 2004, and shall be
published in a newspaper of general circulation in
the Philippines which provides sufficiently wide
circulation.
Promulgated this 6th day of July, 2004. chan robles
virtual law library
Davide, Jr. C.J., Puno, Vitug, Panganiban,
Quisumbing, Ynarez-Santiago, Sandoval-
Gutierrez, Carpio, Austria-Martinez, Corona,
Carpio-Morales, Callejo, Sr., Azcuna and
chan roble svirtual lawlib rary Tinga, JJ. cra law
and
A.M. No. 02-8-13-SC February 19, 2008
RE: 2004 RULES ON NOTARIAL PRACTICE -
The Court Resolved, upon the recommendation of the Sub
Committee on the Revision of the Rules Governing Notaries
Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules on
Notarial Practice, to wit:
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the
Court En Banc dated February 19, 2008.
certificate of registration/immigrant certificate of
registration, government office ID, certification
from the National Council for the Welfare of
Disable Persons (NCWDP), Department of Social
Welfare and Development (DSWD) certification;
or
(b) xxxx."

"A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Quisumbing, J., on official leave. Ynares-Santiago, J., on leave.
Practice. – The Court Resolved, upon the
recommendation of the Sub Committee on the Revision of (adv127a)
the Rules Governing Notaries Public, to AMEND Sec. 12
(a). Rule II of the 2004 Rules on Notarial Practice, to wit:

Rule II Very truly yours.

DEFINITIONS MA. LUISA D. VILLARAMA (sgd)

xxx Clerk of Court

"Sec. 12. Component Evidence of Identity. The phrase

"competent evidence of identity" refers to the identification
of an individual based on:

(a) at least one current identification document

issued by an official agency bearing the
photograph and signature of the individual, such
as but not limited to, passport, driver’s license,
Professional Regulations Commission ID,
National Bureau of Investigation clearance, police
clearance, postal ID, voter’s ID, Barangay
certification, Government Service and Insurance
System (GSIS) e-card, Social Security System
(SSS) card, Philhealth card, senior citizen card, CIRCULAR NO. 1-90 February 26, 1990
Overseas Workers Welfare Administration
(OWWA) ID, OFW ID, seaman’s book, alien
 TO: ALL JUDGES OF THE METROPOLITAN
TRIAL COURTS (METC), MUNICIPAL TRIAL
COURTS IN CITIES (MTCC), MUNICIPAL TRIAL
COURTS (MTC), MUNICIPAL CIRCUIT TRIAL
COURTS (MCTC) SHARI'A COURTS, AND THE
INTEGRATED BAR OF THE PHILIPPINES (IBP)
SUBJECT: POWER OF THE MUNICIPAL TRIAL
COURT JUDGES AND MUNICIPAL CIRCUIT
TRIAL COURT JUDGES TO ACT AS NOTARIES
PUBLIC EX OFFICIO
For the information and guidance of all concerned, quoted
hereunder, is the Resolution of the Court En Banc, dated
December 19, 1989, in Administrative Matter No. 89-11-1303
MTC, "Re: Request for clarification on the power of municipal trial
court judges and municipal circuit trial court judges to act as
Notaries Public Ex Officio":
Acting on a query regarding the power of
municipal trial court judges and municipal circuit
trial court judges to act in the capacity of notaries
public ex officio in the light of the 1989 Code of
Judicial Conduct, the Court Resolved to issue a
clarification on the matter.
Municipal trial court (MTC) and municipal circuit
trial court (MCTC) judges are empowered to
perform the function of notaries public ex
officio under Section 76 of Republic Act No. 296,
as amended (otherwise known as the Judiciary
Act of 1948) and Section 242 of the Revised
Administrative Code. But the Court hereby lays
down the following qualifications on the scope of
this power:
MTC and MCTC judges may act as notaries
public ex officio in the notarization of documents
connected only with the exercise of their official
functions and duties [Borne v. Mayo, Adm. Matter
No. 1765-CFI, October 17, 1980. 100 SCRA 314;
Penera v. Dalocanog, Adm. Matter No. 2113-MJ,
April 22, 1981, 104 SCRA 193.] They may not, as
notaries public ex officio, undertake the
preparation and acknowledgment of private
documents, contracts and other acts of
conveyances which bear no direct relation to the
performance of their functions as judges. The
1989 Code of Judicial Conduct not only enjoins
judges to regulate their extra-judicial activities in
order to minimize the risk of conflict with their
judicial duties, but also prohibits them from
engaging in the private practice of law (Canon 5
and Rule 5.07).
However, the Court, taking judicial notice of the
fact that there are still municipalities which have
neither lawyers nor notaries public, rules that MTC
and MCTC judges assigned to municipalities or
circuits with no lawyers or notaries public may, in
the capacity as notaries public ex officio, perform
any act within the competency of a regular notary
public, provided that: (1) all notarial fees charged
be for the account of the Government and turned
over to the municipal treasurer (Lapena, Jr. vs.
Marcos, Adm. Matter No. 1969-MJ, June 29,
1982, 114 SCRA 572); and, (2) certification be
made in the notarized documents attesting to the
lack of any lawyer or notary public in such
municipality or circuit.