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Legal Forms under Atty.

Resci Rizada

RELEVANT LAWS & RULES IN PRACTICE

I.
A.M. No. 11-9-4-SC

EFFICIENT USE OF PAPER RULE

Whereas, to produce 500 reams of paper, twenty trees are cut and 100,000 liters of water are used, water
that is no longer reusable because it is laden with chemicals and is just released to the environment to
poison our rivers and seas;

Whereas, there is a need to cut the judicial system’s use excessive quantities of costly paper, save our
forests, avoid landslides, and mitigate the worsening effects of climate change that the world is
experiencing;

Whereas, the judiciary can play a big part in saving our trees, conserving precious water and helping
mother earth;

NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the following:

Sec. 1. Title of the Rule– This rule shall be known and cited as the Efficient Use of Paper Rule.

Sec. 2. Applicability. – This rule shall apply to all courts and quasi-judicial bodies under the administrative
supervision of the Supreme Court.

Sec. 3. Format and Style. – a) All pleadings, motions and similar papers intended for the court and quasi-
judicial body’s consideration and action (court-bound papers) shall written in single space with one-and-
a –half space between paragraphs, using an easily readable font style of the party’s choice, of 14-size font,
and on a 13 –inch by 8.5- inch white bond paper; and

b) All decisions, resolutions and orders issued by courts and quasi-judicial bodies under the administrative
supervision of the Supreme Court shall comply with these requirements. Similarly covered are the reports
submitted to the courts and transcripts of stenographic notes.

Sec. 4. Margins and Prints .— The parties shall maintain the following margins on all court-bound papers:
a left hand margin of 1.5 inches from the edge; an upper margin of 1.2 inches from the edge; a right hand
margin of 1.0 inch from the edge; and a lower margin of 1.0 inch from the edge. Every page must be
consecutively numbered.

Sec. 5. Copies to be filed. – Unless otherwise directed by the court, the number of court- bound papers
that a party is required or desires to file shall be as follows:

a. In the Supreme Court, one original (properly marked) and four copies, unless the case is referred to the
Court En Banc, in which event, the parties shall file ten additional copies. For the En Banc, the parties need
to submit only two sets of annexes, one attached to the original and an extra copy. For the Division, the
parties need to submit also two sets of annexes, one attached to the original and an extra copy. All
members of the Court shall share the extra copies of annexes in the interest of economy of paper.

Parties to cases before the Supreme Court are further required, on voluntary basis for the first six months
following the effectivity of this Rule and compulsorily afterwards unless the period is extended, to submit,
simultaneously with their court-bound papers, soft copies of the same and their annexes (the latter in PDF

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format) either by email to the Court’s e-mail address or by compact disc (CD). This requirement is in
preparation for the eventual establishment of an e-filing paperless system in the judiciary.

b. In the Court of Appeals and the Sandiganbayan, one original (properly marked) and two copies with
their annexes;

c. In the Court of Tax Appeals, one original (properly marked) and two copies with annexes. On appeal to
the En Banc, one Original (properly marked) and eight copies with annexes; and

d. In other courts, one original (properly marked) with the stated annexes attached to it.

Sec. 6. Annexes Served on Adverse Party. – A party required by the rules to serve a copy of his court-bound
on the adverse party need not enclose copies of those annexes that based on the record of the court such
party already has in his possession. In the event a party requests a set of the annexes actually filed with
the court, the part who filed the paper shall comply with the request within five days from receipt.

Sec. 7. Date of Effectivity. – This rule shall take effect on January 1, 2013 after publication in two
newspapers of general circulation in the Philippines.

Manila, November 13, 2012.

II. [A.M. No. 12-8-8-SC, 4 September 2012]

JUDICIAL AFFIDAVIT RULE

Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed
each year and the slow and cumbersome adversarial system that the judiciary has in place;

Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants simply
give up coming to court after repeated postponements;

Whereas, few foreign businessmen make long-term investments in the Philippines because its courts are
unable to provide ample and speedy protection to their investments, keeping its people poor;

Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases under
litigation, on February 21, 2012 the Supreme Court approved for piloting by trial courts in Quezon City the
compulsory use of judicial affidavits in place of the direct testimonies of witnesses;

Whereas, it is reported that such piloting has quickly resulted in reducing by about two-thirds the time
used for presenting the testimonies of witnesses, thus speeding up the hearing and adjudication of cases;

Whereas, the Supreme Court Committee on the Revision of the Rules of Court, headed by Senior Associate
Justice Antonio T. Carpio, and the Sub-Committee on the Revision of the Rules on Civil Procedure, headed
by Associate Justice Roberto A. Abad, have recommended for adoption a Judicial Affidavit Rule that will
replicate nationwide the success of the Quezon City experience in the use of judicial affidavits; and

Whereas, the Supreme Court En Banc finds merit in the recommendation;

NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the following:

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Section 1. Scope. – (a) This Rule shall apply to all actions, proceedings, and incidents requiring the
reception of evidence before:

(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari’a Circuit Courts but shall not apply to small claims cases under
A.M. 08-8-7-SC;

(2) The Regional Trial Courts and the Shari’a District Courts;

(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari’a Appellate Courts;

(4) The investigating officers and bodies authorized by the Supreme Court to receive evidence, including
the Integrated Bar of the Philippine (IBP); and

(5) The special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of
the Supreme Court, insofar as their existing rules of procedure contravene the provisions of this Rule.[1]

(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating officers shall be
uniformly referred to here as the “court.”

Sec. 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. – (a) The parties shall
file with the court and serve on the adverse party, personally or by licensed courier service, not later than
five days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and
incidents, the following:

(1) The judicial affidavits of their witnesses, which shall take the place of such witnesses’ direct
testimonies; and

(2) The parties’ documentary or object evidence, if any, which shall be attached to the judicial affidavits
and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and as Exhibits 1,
2, 3, and so on in the case of the respondent or the defendant.

(b) Should a party or a witness desire to keep the original document or object evidence in his possession,
he may, after the same has been identified, marked as exhibit, and authenticated, warrant in his judicial
affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that
original. In addition, the party or witness shall bring the original document or object evidence for
comparison during the preliminary conference with the attached copy, reproduction, or pictures, failing
which the latter shall not be admitted.

Sec. 3. Contents of Judicial Affidavit. – A judicial affidavit shall be prepared in the language known to the
witness and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall
contain the following:

(a) The name, age, residence or business address, and occupation of the witness;

(b) The name and address of the lawyer who conducts or supervises the examination of the witness and
the place where the examination is being held;

(c) A statement that the witness is answering the questions asked of him, fully conscious that he does so
under oath, and that he may face criminal liability for false testimony or perjury;

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(d) Questions asked of the witness and his corresponding answers, consecutively numbered, that:

(1) Show the circumstances under which the witness acquired the facts upon which he testifies;

(2) Elicit from him those facts which are relevant to the issues that the case presents; and

(3) Identify the attached documentary and object evidence and establish their authenticity in accordance
with the Rules of Court;

(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized
by law to administer the same.

Sec. 4. Sworn attestation of the lawyer. – (a) The judicial affidavit shall contain a sworn attestation at the
end, executed by the lawyer who conducted or supervised the examination of the witness, to the effect
that:

(1) He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers
that the witness gave; and

(2) Neither he nor any other person then present or assisting him coached the witness regarding the
latter’s answers.

(b) A false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment.

Sec. 5. Subpoena. – If the government employee or official, or the requested witness, who is neither the
witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or
refuses without just cause to make the relevant books, documents, or other things under his control
available for copying, authentication, and eventual production in court, the requesting party may avail
himself of the issuance of a subpoena ad testificandum or duces tecum under Rule 21 of the Rules of
Court. The rules governing the issuance of a subpoena to the witness in this case shall be the same as
when taking his deposition except that the taking of a judicial affidavit shall be understood to be ex parte.

Sec. 6. Offer of and objections to testimony in judicial affidavit. — The party presenting the judicial
affidavit of his witness in place of direct testimony shall state the purpose of such testimony at the start
of the presentation of the witness. The adverse party may move to disqualify the witness or to strike out
his affidavit or any of the answers found in it on ground of inadmissibility. The court shall promptly rule
on the motion and, if granted, shall cause the marking of any excluded answer by placing it in brackets
under the initials of an authorized court personnel, without prejudice to a tender of excluded evidence
under Section 40 of Rule 132 of the Rules of Court.

Sec. 7. Examination of the witness on his judicial affidavit. – The adverse party shall have the right to
cross-examine the witness on his judicial affidavit and on the exhibits attached to the same. The party
who presents the witness may also examine him as on re-direct. In every case, the court shall take active
part in examining the witness to determine his credibility as well as the truth of his testimony and to elicit
the answers that it needs for resolving the issues.

Sec. 8. Oral offer of and objections to exhibits. – (a) Upon the termination of the testimony of his last
witness, a party shall immediately make an oral offer of evidence of his documentary or object exhibits,

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piece by piece, in their chronological order, stating the purpose or purposes for which he offers the
particular exhibit.

(b) After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if
any, to its admission, and the court shall immediately make its ruling respecting that exhibit.

(c) Since the documentary or object exhibits form part of the judicial affidavits that describe and
authenticate them, it is sufficient that such exhibits are simply cited by their markings during the offers,
the objections, and the rulings, dispensing with the description of each exhibit.

Sec. 9. Application of rule to criminal actions. – (a) This rule shall apply to all criminal actions:

(1) Where the maximum of the imposable penalty does not exceed six years;

(2) Where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or

(3) With respect to the civil aspect of the actions, whatever the penalties involved are.

(b) The prosecution shall submit the judicial affidavits of its witnesses not later than five days before the
pre-trial, serving copies of the same upon the accused. The complainant or public prosecutor shall attach
to the affidavits such documentary or object evidence as he may have, marking them as Exhibits A, B, C
and so on. No further judicial affidavit, documentary, or object evidence shall be admitted at the trial.

(c) If the accused desires to be heard on his defense after receipt of the judicial affidavits of the
prosecution, he shall have the option to submit his judicial affidavit as well as those of his witnesses to
the court within ten days from receipt of such affidavits and serve a copy of each on the public and private
prosecutor, including his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so
on. These affidavits shall serve as direct testimonies of the accused and his witnesses when they appear
before the court to testify.

Sec. 10. Effect of non-compliance with the Judicial Affidavit Rule. – (a) A party who fails to submit the
required judicial affidavits and exhibits on time shall be deemed to have waived their submission. The
court may, however, allow only once the late submission of the same provided, the delay is for a valid
reason, would not unduly prejudice the opposing party, and the defaulting party pays a fine of not less
than P1,000.00 nor more than P5,000.00, at the discretion of the court.

(b) The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing
of the case as required. Counsel who fails to appear without valid cause despite notice shall be deemed
to have waived his client’s right to confront by cross-examination the witnesses there present.

(c) The court shall not admit as evidence judicial affidavits that do not conform to the content
requirements of Section 3 and the attestation requirement of Section 4 above. The court may, however,
allow only once the subsequent submission of the compliant replacement affidavits before the hearing or
trial provided the delay is for a valid reason and would not unduly prejudice the opposing party and
provided further, that public or private counsel responsible for their preparation and submission pays a
fine of not less than Pl,000.00 nor more than P5,000.00, at the discretion of the court.

Sec. 11. Repeal or modification of inconsistent rules. – The provisions of the Rules of Court and the rules
of procedure governing investigating officers and bodies authorized by the Supreme Court to receive
evidence are repealed or modified insofar as these are inconsistent with the provisions of this Rule.

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The rules of procedure governing quasi-judicial bodies inconsistent herewith are hereby disapproved.

Sec. 12. Effectivity. — This rule shall take effect on January 1, 2013 following its publication in two
newspapers of general circulation not later than September 15, 2012. It shall also apply to existing cases.

III. A.M. No. 02-8-13-SC


2004 Rules on Notarial Practice

RESOLUTION

Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial Practice of 2004
submitted by the Sub-Committee for the Study, Drafting and Formulation of the Rules Governing the
Appointment of Notaries Public and the Performance and Exercise of Their Official Functions, of the
Committees on Revision of the Rules of Court and on Legal Education and Bar Matters, the Court Resolved
to APPROVE the proposed Rules on Notarial Practice of 2004, with modifications, thus:

2004 RULES ON NOTARIAL PRACTICE

RULE I
IMPLEMENTATION

SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial Practice.

SEC. 2. Purposes. - These Rules shall be applied and construed to advance the following purposes:

(a) to promote, serve, and protect public interest;


(b) to simplify, clarify, and modernize the rules governing notaries public; and

(c) to foster ethical conduct among notaries public.

SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in the singular
include the plural, and words in the plural include the singular.

RULE II
DEFINITIONS

SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in which an individual on a single


occasion:

(a) appears in person before the notary public and presents an integrally complete instrument or
document;

(b) is attested to be personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules; and –

(c) represents to the notary public that the signature on the instrument or document was voluntarily
affixed by him for the purposes stated in the instrument or document, declares that he has executed the

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instrument or document as his free and voluntary act and deed, and, if he acts in a particular
representative capacity, that he has the authority to sign in that capacity.

SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath” refers to an act in which an individual on
a single occasion:

(a) appears in person before the notary public;


(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity as defined by these Rules; and
(c) avows under penalty of law to the whole truth of the contents of the instrument or document.

SEC. 3. Commission. - “Commission” refers to the grant of authority to perform notarial acts and to the
written evidence of the authority.

SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act in which a notary public:

(a) is presented with an instrument or document that is neither a vital record, a public record, nor
publicly recordable;
(b) copies or supervises the copying of the instrument or document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.

SEC. 5. Notarial Register. - “Notarial Register” refers to a permanently bound book with numbered pages
containing a chronological record of notarial acts performed by a notary public.

SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and
(d) takes an oath or affirmation before the notary public as to such instrument or document.

SEC. 7. Notarial Act and Notarization. - “Notarial Act” and “Notarization” refer to any act that a notary
public is empowered to perform under these Rules.

SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the part of, or attachment to, a notarized
instrument or document that is completed by the notary public, bears the notary's signature and seal,
and states the facts attested to by the notary public in a particular notarization as provided for by these
Rules.

SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary” refer to any person commissioned to
perform official acts under these Rules.

SEC. 10. Principal. - “Principal” refers to a person appearing before the notary public whose act is the
subject of notarization.

SEC. 11. Regular Place of Work or Business. - The term “regular place of work or business” refers to a
stationary office in the city or province wherein the notary public renders legal and notarial services.

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SEC. 12. Competent Evidence of Identity. - The phrase “competent evidence of identity” refers to the
identification of an individual based on:

(a) at least one current identification document issued by an official agency bearing the photograph and
signature of the individual; or
(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:

(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
(c) signs the instrument or document in the presence of the notary public.

SEC. 15. Court. - “Court” refers to the Supreme Court of the Philippines.

SEC. 16. Petitioner. - “Petitioner” refers to a person who applies for a notarial commission.

SEC. 17. Office of the Court Administrator. - “Office of the Court Administrator” refers to the Office of
the Court Administrator of the Supreme Court.

SEC. 18. Executive Judge. - “Executive Judge” refers to the Executive Judge of the Regional Trial Court of
a city or province who issues a notarial commission.

SEC. 19. Vendor. - “Vendor” under these Rules refers to a seller of a notarial seal and shall include a
wholesaler or retailer.

SEC. 20. Manufacturer. - “Manufacturer” under these Rules refers to one who produces a notarial seal
and shall include an engraver and seal maker.

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.

To be eligible for commissioning as notary public, the petitioner:

(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 one (1) year and maintains a regular place of work
or business in the city or province where the commission is to be issued;
(4) must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar

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Confidant of the Supreme Court and the Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance of any crime involving moral turpitude.

SEC. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial commission shall
be in writing, verified, and shall include the following:

(a) a statement containing the petitioner's personal qualifications, including the petitioner's date of
birth, residence, telephone number, professional tax receipt, roll of attorney's number and IBP
membership number;

(b) certification of good moral character of the petitioner by at least two (2) executive officers of the
local chapter of the Integrated Bar of the Philippines where he is applying for commission;

(c) proof of payment for the filing of the petition as required by these Rules; and

(d) three (3) passport-size color photographs with light background taken within thirty (30) days of the
application. The photograph should not be retouched. The petitioner shall sign his name at the bottom
part of the photographs.

SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the application fee as
prescribed in the Rules of Court.

SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a summary hearing on the
petition and shall grant the same if:

(a) the petition is sufficient in form and substance;


(b) the petitioner proves the allegations contained in the petition; and
(c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully
understood these Rules.

The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a
Notarial Seal in favor of the petitioner.

SEC. 5. Notice of Summary Hearing. -

(a) The notice of summary hearing shall be published in a newspaper of general circulation in the city or
province where the hearing shall be conducted and posted in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court. The cost of the publication shall be borne by the petitioner.
The notice may include more than one petitioner.

(b) The notice shall be substantially in the following form:

NOTICE OF HEARING

Notice is hereby given that a summary hearing on the petition for notarial commission of (name of
petitioner) shall be held on (date) at (place) at (time). Any person who has any cause or reason to
object to the grant of the petition may file a verified written opposition thereto, received by the
undersigned before the date of the summary hearing.

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_____________________
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.

SEC. 7. Form of Notarial Commission. - The commissioning of a notary public shall be in a formal order
signed by the Executive Judge substantially in the following form:

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT OF ______________

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)

________________________
Executive Judge

SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate of
Authorization to Purchase a Notarial Seal shall be valid for a period of three (3) months from date of
issue, unless extended by the Executive Judge.

A mark, image or impression of the seal that may be purchased by the notary public pursuant to the
Certificate shall be presented to the Executive Judge for approval prior to use.

SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate of


Authorization to Purchase a Notarial Seal shall substantially be in the following form:

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT OF_____________

CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL

This is to authorize (name of notary public) of (city or province) who was commissioned by the
undersigned as a notary public, within and for the said jurisdiction, for a term ending, the thirty-first
of December (year) to purchase a notarial seal.

Issued this (day) of (month) (year).

________________________
Executive Judge

SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall have only one
official seal of office in accordance with these Rules.

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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.

SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a Register of Notaries
Public in his jurisdiction which shall contain, among others, the dates of issuance or revocation or
suspension of notarial commissions, and the resignation or death of notaries public. The Executive Judge
shall furnish the Office of the Court Administrator information and data recorded in the register of
notaries public. The Office of the Court Administrator shall keep a permanent, complete and updated
database of such records.

SEC. 13. Renewal of Commission. - A notary public may file a written application with the Executive
Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. A
mark, image or impression of the seal of the notary public shall be attached to the application.

Failure to file said application will result in the deletion of the name of the notary public in the register
of notaries public.

The notary public thus removed from the Register of Notaries Public may only be reinstated therein
after he is issued a new commission in accordance with these Rules.

SEC. 14. Action on Application for Renewal of Commission. - The Executive Judge shall, upon payment of
the application fee mentioned in Section 3 above of this Rule, act on an application for the renewal of a
commission within thirty (30) days from receipt thereof. If the application is denied, the Executive Judge
shall state the reasons therefor.

RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC

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

(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.

(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an
instrument or document presented for notarization if:

(1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested
and unaffected witnesses to the instrument or document;
(2) both witnesses sign their own names in addition to the thumb or other mark;
(3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of
signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary
public"; and (4) the notary public notarizes the signature by thumb or other mark through an
acknowledgment, jurat, or signature witnessing.

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(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a
mark on an instrument or document if:

(1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf;
(2) the signature of the notary public is affixed in the presence of two disinterested and unaffected
witnesses to the instrument or document;
(3) both witnesses sign their own names ;
(4) the notary public writes below his signature: “Signature affixed by notary in presence of (names and
addresses of person and two [2] witnesses)”; and
(5) the notary public notarizes his signature by acknowledgment or jurat.

SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular place of
work or business; provided, however, that on certain exceptional occasions or situations, a notarial act
may be performed at the request of the parties in the following sites located within his territorial
jurisdiction:

(1) public offices, convention halls, and similar places where oaths of office may be administered;
(2) public function areas in hotels and similar places for the signing of instruments or documents
requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument or document is confined for
treatment; and
(4) any place where a party to an instrument or document requiring notarization is under detention.

(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or
document -

(1) is not in the notary's presence personally at the time of the notarization; and
(2) is not personally known to the notary public or otherwise identified by the notary public through
competent evidence of identity as defined by these Rules. chan robles virtual law library

SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he:

(a) is a party to the instrument or document that is to be notarized;


(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.

SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in these Rules
for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if:

(a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or
immoral;
(b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt
as to the former's knowledge of the consequences of the transaction requiring a notarial act; and
(c) in the notary's judgment, the signatory is not acting of his or her own free will.

SEC. 5. False or Incomplete Certificate. - A notary public shall not:

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(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.

SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:

(a) a blank or incomplete instrument or document; or

(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.
SEC. 2. Travel Fees and Expenses. - A notary public may charge travel fees and expenses separate and
apart from the notarial fees prescribed in the preceding section when traveling to perform a notarial act
if the notary public and the person requesting the notarial act agree prior to the travel.

SEC. 3. Prohibited Fees. – No fee or compensation of any kind, except those expressly prescribed and
allowed herein, shall be collected or received for any notarial service.

SEC. 4. Payment or Refund of Fees. - A notary public shall not require payment of any fees specified
herein prior to the performance of a notarial act unless otherwise agreed upon.

Any travel fees and expenses paid to a notary public prior to the performance of a notarial act are not
subject to refund if the notary public had already traveled but failed to complete in whole or in part the
notarial act for reasons beyond his control and without negligence on his part.

SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall issue a receipt
registered with the Bureau of Internal Revenue and keep a journal of notarial fees. He shall enter in the
journal all fees charged for services rendered.

A notary public shall post in a conspicuous place in his office a complete schedule of chargeable notarial
fees.

RULE VI
NOTARIAL REGISTER

SECTION 1. Form of Notarial Register. - (a) A notary public shall keep, maintain, protect and provide for
lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts
consisting of a permanently bound book with numbered pages.

The register shall be kept in books to be furnished by the Solicitor General to any notary public upon
request and upon payment of the cost thereof. The register shall be duly paged, and on the first page,
the Solicitor General shall certify the number of pages of which the book consists.

For purposes of this provision, a Memorandum of Agreement or Understanding may be entered into by
the Office of the Solicitor General and the Office of the Court Administrator.

(b) A notary public shall keep only one active notarial register at any given time.

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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:

(1) the entry number and page number;


(2) the date and time of day of the notarial act;
(3) the type of notarial act;

(4) the title or description of the instrument, document or proceeding;


(5) the name and address of each principal;

(6) the competent evidence of identity as defined by these Rules if the signatory is not
personally known to the notary;

(7) the name and address of each credible witness swearing to or affirming the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if not in the notary's regular place of work or
business; and
(10) any other circumstance the notary public may deem of significance or relevance.

(b) A notary public shall record in the notarial register the reasons and circumstances for not completing
a notarial act.

(c) A notary public shall record in the notarial register the circumstances of any request to inspect or
copy an entry in the notarial register, including the requester's name, address, signature, thumbmark or
other recognized identifier, and evidence of identity. The reasons for refusal to allow inspection or
copying of a journal entry shall also be recorded.

(d) When the instrument or document is a contract, the notary public shall keep an original copy thereof
as part of his records and enter in said records a brief description of the substance thereof and shall give
to each entry a consecutive number, beginning with number one in each calendar year. He shall also
retain a duplicate original copy for the Clerk of Court.

(e) The notary public shall give to each instrument or document executed, sworn to, or acknowledged
before him a number corresponding to the one in his register, and shall also state on the instrument or
document the page/s of his register on which the same is recorded. No blank line shall be left between
entries.

(f) In case of a protest of any draft, bill of exchange or promissory note, the notary public shall make a
full and true record of all proceedings in relation thereto and shall note therein whether the demand for
the sum of money was made, by whom, when, and where; whether he presented such draft, bill or
note; whether notices were given, to whom and in what manner; where the same was made, when and
to whom and where directed; and of every other fact touching the same.

(g) At the end of each week, the notary public shall certify in his notarial register the number of
instruments or documents executed, sworn to, acknowledged, or protested before him; or if none, this
certificate shall show this fact.

(h) A certified copy of each month's entries and a duplicate original copy of any instrument
acknowledged before the notary public shall, within the first ten (10) days of the month following, be

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forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no entry
to certify for the month, the notary shall forward a statement to this effect in lieu of certified copies
herein required.

SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial register shall be
signed or a thumb or other mark affixed by each:

(a) principal;
(b) credible witness swearing or affirming to the identity of a principal; and
(c) witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a
person physically unable to sign.

SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's presence, any person may inspect an entry
in the notarial register, during regular business hours, provided;

(1) the person's identity is personally known to the notary public or proven through competent evidence
of identity as defined in these Rules;
(2) the person affixes a signature and thumb or other mark or other recognized identifier, in the notarial
register in a separate, dated entry;
(3) the person specifies the month, year, type of instrument or document, and name of the principal in
the notarial act or acts sought; and
(4) the person is shown only the entry or entries specified by him.

(b) The notarial register may be examined by a law enforcement officer in the course of an official
investigation or by virtue of a court order.

(c) If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful
motive in requesting information from the notarial register, the notary shall deny access to any entry or
entries therein.

SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case the notarial register is stolen, lost,
destroyed, damaged, or otherwise rendered unusable or illegible as a record of notarial acts, the notary
public shall, within ten (10) days after informing the appropriate law enforcement agency in the case of
theft or vandalism, notify the Executive Judge by any means providing a proper receipt or
acknowledgment, including registered mail and also provide a copy or number of any pertinent police
report.

(b) Upon revocation or expiration of a notarial commission, or death of the notary public, the notarial
register and notarial records shall immediately be delivered to the office of the Executive Judge.

SEC. 6. Issuance of Certified True Copies. - The notary public shall supply a certified true copy of the
notarial record, or any part thereof, to any person applying for such copy upon payment of the legal
fees.

RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC

SECTION 1. Official Signature. – In notarizing a paper instrument or document, a notary public shall:

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(a) sign by hand on the notarial certificate only the name indicated and as appearing on the notary's
commission;
(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.

(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.

(d) Within five (5) days after the official seal of a notary public is stolen, lost, damaged or other
otherwise rendered unserviceable in affixing a legible image, the notary public, after informing the
appropriate law enforcement agency, shall notify the Executive Judge in writing, providing proper
receipt or acknowledgment, including registered mail, and in the event of a crime committed, provide a
copy or entry number of the appropriate police record. Upon receipt of such notice, if found in order by
the Executive Judge, the latter shall order the notary public to cause notice of such loss or damage to be
published, once a week for three (3) consecutive weeks, in a newspaper of general circulation in the city
or province where the notary public is commissioned. Thereafter, the Executive Judge shall issue to the
notary public a new Certificate of Authorization to Purchase a Notarial Seal.

(e) Within five (5) days after the death or resignation of the notary public, or the revocation or
expiration of a notarial commission, the official seal shall be surrendered to the Executive Judge and
shall be destroyed or defaced in public during office hours. In the event that the missing, lost or
damaged seal is later found or surrendered, it shall be delivered by the notary public to the Executive
Judge to be disposed of in accordance with this section. Failure to effect such surrender shall constitute
contempt of court. In the event of death of the notary public, the person in possession of the official
seal shall have the duty to surrender it to the Executive Judge.

SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent, and photographically
reproducible mark, image or impression of the official seal beside his signature on the notarial certificate
of a paper instrument or document.

SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals may not sell said
product without a written authorization from the Executive Judge.

(b) Upon written application and after payment of the application fee, the Executive Judge may issue an
authorization to sell to a vendor or manufacturer of notarial seals after verification and investigation of
the latter's qualifications. The Executive Judge shall charge an authorization fee in the amount of PhP
4,000 for the vendor and PhP 8,000 for the manufacturer. If a manufacturer is also a vendor, he shall
only pay the manufacturer's authorization fee.

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(c) The authorization shall be in effect for a period of four (4) years from the date of its issuance and
may be renewed by the Executive Judge for a similar period upon payment of the authorization fee
mentioned in the preceding paragraph.

(d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of a certified copy
of the commission and the Certificate of Authorization to Purchase a Notarial Seal issued by the
Executive Judge. A notary public obtaining a new seal as a result of change of name shall present to the
vendor or manufacturer a certified copy of the Confirmation of the Change of Name issued by the
Executive Judge.

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

(f) After the sale, the vendor or manufacturer shall affix a mark, image or impression of the seal to the
Certificate of Authorization to Purchase a Notarial Seal and submit the completed Certificate to the
Executive Judge. Copies of the Certificate of Authorization to Purchase a Notarial Seal and the buyer's
commission shall be kept in the files of the vendor or manufacturer for four (4) years after the sale.

(g) A notary public obtaining a new seal as a result of change of name shall present to the vendor a
certified copy of the order confirming the change of name issued by the Executive Judge.

RULE VIII
NOTARIAL CERTIFICATES

SECTION 1. Form of Notarial Certificate. - The notarial form used for any notarial instrument or
document shall conform to all the requisites prescribed herein, the Rules of Court and all other
provisions of issuances by the Supreme Court and in applicable laws. chan robles virtual law library

SEC. 2. Contents of the Concluding Part of the Notarial Certificate. – The notarial certificate shall include
the following:

(a) the name of the notary public as exactly indicated in the commission;
(b) the serial number of the commission of the notary public;
(c) the words "Notary Public" and the province or city where the notary public is commissioned, the
expiration date of the commission, the office address of the notary public; and
(d) the roll of attorney's number, the professional tax receipt number and the place and date of issuance
thereof, and the IBP membership number.

RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authority evidencing the
authenticity of the official seal and signature of a notary public shall be issued by the Executive Judge
upon request in substantially the following form:

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public), the person
named in the seal and signature on the attached document, is a Notary Public in and for the

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(City/Municipality/Province) of the Republic of the Philippines and authorized to act as such at the
time of the document's notarization.

IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) day of
(month) (year).
_________________
(official signature)
(seal of Executive Judge)

RULE X
CHANGES OF STATUS OF NOTARY PUBLIC

SECTION 1. Change of Name and Address. -

Within ten (10) days after the change of name of the notary public by court order or by marriage, or
after ceasing to maintain the regular place of work or business, the notary public shall submit a signed
and dated notice of such fact to the Executive Judge.

The notary public shall not notarize until:

(a) he receives from the Executive Judge a confirmation of the new name of the notary public and/or
change of regular place of work or business; and

(b) a new seal bearing the new name has been obtained.

The foregoing notwithstanding, until the aforementioned steps have been completed, the notary public
may continue to use the former name or regular place of work or business in performing notarial acts
for three (3) months from the date of the change, which may be extended once for valid and just cause
by the Executive Judge for another period not exceeding three (3) months.

SEC. 2. Resignation. - A notary public may resign his commission by personally submitting a written,
dated and signed formal notice to the Executive Judge together with his notarial seal, notarial register
and records. Effective from the date indicated in the notice, he shall immediately cease to perform
notarial acts. In the event of his incapacity to personally appear, the submission of the notice may be
performed by his duly authorized representative.

SEC. 3. Publication of Resignation. - The Executive Judge shall immediately order the Clerk of Court to
post in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of
notaries public who have resigned their notarial commissions and the effective dates of their
resignation.

RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS

SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall revoke a notarial
commission for any ground on which an application for a commission may be denied.

(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate
administrative sanctions upon, any notary public who:

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(1) fails to keep a notarial register;


(2) fails to make the proper entry or entries in his notarial register concerning his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month
following;
(4) fails to affix to acknowledgments the date of expiration of his commission;
(5) fails to submit his notarial register, when filled, to the Executive Judge;
(6) fails to make his report, within a reasonable time, to the Executive Judge concerning the
performance of his duties, as may be required by the judge;
(7) fails to require the presence of a principal at the time of the notarial act;
(8) fails to identify a principal on the basis of personal knowledge or competent evidence;
(9) executes a false or incomplete certificate under Section 5, Rule IV;
(10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and
(11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes
good cause for revocation of commission or imposition of administrative sanction.

(c) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall be
required to file a verified answer to the complaint. If the answer of the notary public is not satisfactory,
the Executive Judge shall conduct a summary hearing. If the allegations of the complaint are not proven,
the complaint shall be dismissed. If the charges are duly established, the Executive Judge shall impose
the appropriate administrative sanctions. In either case, the aggrieved party may appeal the decision to
the Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall be
immediately executory, unless otherwise ordered by the Supreme Court.

(d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public,
subject to the procedures prescribed in paragraph (c) above and impose the appropriate administrative
sanctions on the grounds mentioned in the preceding paragraphs (a) and (b).

SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all times exercise
supervision over notaries public and shall closely monitor their activities.

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:

(a) knowingly acts or otherwise impersonates a notary public;

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(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.

Promulgated this 6th day of July, 2004.

 CIRCULAR NO. 1-90 February 26, 1990

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

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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.

Feliciano, J., is on leave

February 26, 1990.

(Sgd.) MARCELO B FERNAN

Chief Justice

 Guidelines relative to printing and distribution of notarial books, 2004 Rules on Notarial
Practice, A.M. No. 02-8-13-SC, SC En Banc Resolution dated August 15, 2006

Re: 2004 Rules on Notarial Practice

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 15 2006.

“A.M. No. 02-8-13-SC.- Re: 2004 Rules on Notarial Practice.- The Court Resolved to

(a) APPROVE the Proposed Guidelines in the Implementation of the Provisions of the Memorandum of
Agreement between the Office of the Court Administrator and the Office of the Solicitor General relative
to printing and distribution of Notarial Books, to wit:

1. Notaries public who render legal and notarial services within the National Capital Judicial Region shall
secure their notarial registers from the Property Division, Office of the Administrative Services of the
Office of the Court Administrator (OCA).

2. Notaries public in other judicial regions shall secure their notarial registers from the Office of the Clerk
of Court (OCC) of the Regional Trial Court (RTC) of the city or province under the supervision of the
Executive Judge who issued their respective notarial commissions. However, they may also secure
notarial registers from the Office of the Court Administrator.

3. Notarial registers shall be available at P1,200.00[1][1] each. Said amount shall cover only the costs of
printing and binding of the notarial registers exclusive of shipping charges when sold in the
provinces. Payments shall be made either to the Cash Division, Financial Management Office, OCA, or to
the Clerk of Court/accountable officer in the OCC of the RTC, as the case may be.

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a. The amount collected shall be receipted and deposited to a separate account of the fiduciary fund to
be known as the “Notarial Register Fund” (NRF).

b. The Cash Division, FMO, OCA, shall maintain with the Land Bank of the Philippines a separate special
account of the fiduciary fund specifically for the NRF. A separate cashbook shall also be kept and
maintained for the fund. Withdrawals of deposits shall be made only upon authorization or approval by
the Chief Justice or his duly authorized representative.

c. The Court Administrator and the Financial Office of the OCA shall be the authorized signatories for this
fund.

4. In view of the current unavailability of notarial registers, notaries public shall be allowed to use the
temporary form attached hereto. The notary public concerned shall file a written request to use the
improvised form with the executive judge that issued his commission. A copy of his current commission
shall be attached to such request.

The notaries public who have been authorized to use such forms shall have them book-bound and
initialed on each and every page by the executive judge before whom the request was filed. Each bound
copy shall have a maximum of 106 pages and shall be treated and used in the same manner as the new
notarial book.

Each request shall be limited to one bound copy. Should the bound copy be used up before the new
notarial books are available, the notary public concerned may request anew for the use of bound
temporary forms. The use of bound temporary forms shall end when the new notarial books are
available but, upon written request, the executive judge may allow the notary public to use up the
bound temporary forms.

5. The OCA shall, within the first ten (10) days of the first month of every quarter remit to the Office of
the Solicitor General an amount equivalent to 10% of the gross collections during the preceding quarter
as the share of the OSG in the sale of the notarial registers.

6. The printed certification of the Court Administrator as to the number of pages of each notarial
register shall be countersigned by the following:

a. In the National Capital Judicial Region, the official of the Office of the Court Administrator authorized
by the Court Administrator to so countersign; and

b. In the case of the other judicial regions, the Clerk of Court of the Regional Trial Court of the city or
province where such book has been obtained for cost.

7. The Supreme Court Printing Office shall print the notarial registers. In the event the Printing Office
cannot meet the requirements of the OCA, and subject to Republic Act No. 9184 (Government
Procurement Reform Act), its implementing rules and regulations, and existing Supreme Court issuances
on procurement, the Court Administrator may contract out the printing of notarial registers to the
following printers in the following order:

a. UP Printing Services

b. The National Printing Office, or

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c. Private printing firm

The OCA shall resort to the third option only if the first two printers can not accommodate the
requirements of the Court.

After the approval by the Court of these guidelines, the OCA shall disseminate the same through a
circular.

(b) DENY for lack of merit the motion filed by Chief Public Attorney Persida V. Rueda-Acosta, praying for
a reconsideration of the resolution of January 31, 2006 which denied her request for the exemption of
PAO lawyers from the payment of the fees for notarial commission and for the exemption of their
clients from the payment of filing fees;

(c) NOTE the letter dated September 5, 2005 of Mr. Prescillano Y. Aguinias, Jr.;

(d) CONFIRM the opinions of then Court Administrator Presbitero J. Velasco, Jr. and Deputy Court
Administrator Jose P. Perez that the Court does not render advisory opinions;

(e) INFORM Mr. Agunias, Jr. that neither does the Subcommittee on Revision of Rules Governing
Notaries Public render advisory opinions;

(f) AUTHORIZE the Clerks of Court of the Regional Trial Courts to notarize not only documents relating to
the exercise of their official functions but also private documents, subject to the following conditions: (i)
all notarial fees charged in accordance with Section 7(o) of Rule 141 of the Rules of Court, and, with
respect to private documents, in accordance with the notarial fee that the Supreme Court may prescribe
in compliance with Section 1, Rule V of the 2004 Rules on Notarial Practice, shall be for the account of
the Judiciary and (ii) they certify in the notarized documents that there are no notaries public within the
territorial jurisdiction of the Regional Trial Court;

(g) DIRECT the Court Administrator to issue a circular for the purpose of implementing the above
authority; and

(h) ADOPT a consolidated and uniform rate of fees for notarial services.” Corona, J., on leave. Azcuna,
J., abroad on official business.

Very truly yours,

(SGD.) MA. LUISA D. VILLARAMA

Clerk of Court

 REPUBLIC ACT NO. 7160

AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991

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

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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.

(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 February 19, 2008

RE: 2004 RULES ON NOTARIAL PRACTICE -


The Court Resolved, upon the recommendation of the Sub Committee on the Revision of the Rules
Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules on Notarial Practice, to wit:

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated February 19, 2008.

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

Rule II

DEFINITIONS

xxx

"Sec. 12. Component Evidence of Identity. The phrase "competent evidence of identity" refers to the
identification of an individual based on:

(a) at least one current identification document issued by an official agency bearing the photograph and
signature of the individual, such as but not limited to, passport, 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, Overseas Workers Welfare Administration (OWWA) ID,
OFW ID, seaman’s book, alien certificate of registration/immigrant certificate of registration,
government office ID, certification from the National Council for the Welfare of Disable Persons
(NCWDP), Department of Social Welfare and Development (DSWD) certification; or

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(b) xxxx."

Quisumbing, J., on official leave. Ynares-Santiago, J., on leave.

(adv127a)

Very truly yours.

MA. LUISA D. VILLARAMA (sgd)

Clerk of Court

IV. B.M. No. 850 August 22, 2000

MANDATORY CONTINUING LEGAL EDUCATION (MCLE)


ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE
INTEGRATED BAR OF THE PHILIPPINES

EN BANC

RESOLUTION

Considering the Rules on Mandatory Continuing Legal Education (MCLE) for members of the Integrated
Bar of the Philippines (IBP), recommended by the IBP, endorsed by the Philippine Judicial Academy, and
reviewed and passed upon by the Supreme Court Committee on Legal Education, the Court hereby resolves
to adopt, as it hereby adopts, the following rules for proper implementation:

RULE 1
PURPOSE

Section 1. Purpose of the MCLE

Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to
ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics
of the profession and enhance the standards of the practice of law.

RULE 2
MANDATORY CONTINUING LEGAL EDUCATION

Section 1. Constitution of the MCLE Committee

Within two (2) months from the approval of these Rules by the Supreme Court En Banc, the MCLE
Committee shall be constituted in accordance with these Rules.

Section 2. Requirements of completion of MCLE

Members of the IBP not exempt under Rule 7 shall complete, every three (3) years, at least thirty-six
(36) hours of continuing legal education activities approved by the MCLE Committee. Of the 36 hours:

(a) At least six (6) hours shall be devoted to legal ethics.

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(b) At least (4) hours shall be devoted to trial and pretrial skills.

(c) At least five (5) hours shall be devoted to alternative dispute resolution.

(d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and
jurisprudence.

(e) At least four (4) hours shall be devoted to legal writing and oral advocacy.

(f) At least two (2) hours shall be devoted to international law and international conventions.

(g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE
Committee.

RULE 3
COMPLIANCE PERIOD

Section 1. Initial compliance period

The initial compliance period shall begin not later than three (3) months from the constitution of the
MCLE Committee. Except for the initial compliance period for members admitted or readmitted after
the establishment of the program, all compliance periods shall be for thirty-six (36) months and shall
begin the day after the end of the previous compliance period.

Section 2. Compliance Group 1.

Members in the National Capital Region (NCR) or Metro Manila shall be permanently assigned to
Compliance Group 1.

Section 3. Compliance Group 2.

Members in Luzon outside NCR shall be permanently assigned to Compliance Group 2.

Section 4. Compliance Group 3.

Members in Visayas and Mindanao shall be permanently assigned to Compliance Group 3.

Section 5. Compliance period for members admitted or readmitted after establishment of the program.

Members admitted or readmitted to the Bar after the establishment of the program shall be
permanently assigned to the appropriate Compliance Group based on their Chapter membership on the
date of admission or readmission.

The initial compliance period after admission or readmission shall begin on the first day of the month of
admission or readmission and shall end on the same day as that of all other members in the same
Compliance Group.

(a) Where four (4) months or less remain of the initial compliance period after admission or readmission,
the member is not required to comply with the program requirement for the initial compliance.

(b) Where more than four (4) months remain of the initial compliance period after admission or
readmission, the member shall be required to complete a number of hours of approved continuing legal
education activities equal to the number of months remaining in the compliance period in which the

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member is admitted or readmitted. Such member shall be required to complete a number of hours of
education in legal ethics in proportion to the number of months remaining in the compliance period.
Fractions of hours shall be rounded up to the next whole number.

RULE 4
COMPUTATION OF CREDIT UNITS

Section 1. Guidelines

The following are the guidelines for computation of credit units (CU):

PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS

1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS,


WORKSHOPS, DIALOGUES, ROUND TABLE DISCUSSIONS BY APPROVED PROVIDERS UNDER RULE 7 AND
OTHER RELATED RULES

1.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF ATTENDANCE WITH NUMBER OF HOURS

1.2 LECTURER 5 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S CERTIFICATION

1.3 RESOURCE 3 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S SPEAKER CERTIFICATION

1.4 ASSIGNED 2 CU PER HOUR CERTIFICATION FROM SPONSORING PENALIST/ ORGANIZATION


REACTOR/COMMENTATOR

1.5 MODERATOR/ 2 CU PER HOUR CERTIFICATION FROM SPONSORING COORDINATOR/ ORGANIZATION


FACILITATOR

2. AUTHORSHIP, EDITING AND REVIEW

2.1 RESEARCH/ 5-10 CREDIT UNITS DULY CERTIFIED/PUBLISHED INNOVATIVE TECHNICAL REPORT/PAPER
PROGRAM/CREATIVE PROJECT

2.2 BOOK 50-100 PP 101+ PUBLISHED BOOK SINGLE AUTHOR 12-16 CU 17-20 CU
2 AUTHORS 10-12 CU 13-16 CU
3 OR MORE 5-6 CU 7-11 CU

2.3 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED BOOK WITH PROOF AUTHORSHIP AS EDITOR CATEGORY

2.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE SINGLE AUTHOR 6 CU 8 CU


2 AUTHORS 4 CU 6 CU
3 OR MORE 2 CU 4 CU

2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED NEWSLETTER/JOURNAL NEWSLETTER/LAW JOURNAL EDITOR

3. PROFESSIONAL 6 CU PER CHAIR CERTIFICATION OF LAW DEAN CHAIR/BAR 1 CU PER LECTURE OR BAR
REVIEW DIRECTOR REVIEW/ HOUR LECTURE/LAW TEACHING

Section 2. Limitation on certain credit units

In numbers 2 and 3 of the guidelines in the preceding Section, the total maximum credit units shall not
exceed twenty (20) hours per three (3) years.

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RULE 5
CATEGORIES OF CREDIT

Section 1. Classes of credits

The credits are either participatory or non-participatory.

Section 2. Claim for participatory credit

Participatory credit may be claimed for:

(a) Attending approved education activities like seminars, conferences, symposia, in-house education
programs, workshops, dialogues or round table discussions.

(b) Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker,
moderator, coordinator or facilitator in approved education activities.

(c) Teaching in a law school or lecturing in a bar review class.

Section 3. Claim for non-participatory credit

Non-participatory credit may be claimed per compliance period for:

(a) Preparing, as an author or co-author, written materials published or accepted for publication, e.g., in
the form of an article, chapter, book, or book review which contribute to the legal education of the
author member, which were not prepared in the ordinary course of the member's practice or
employment.

(b) Editing a law book, law journal or legal newsletter.

RULE 6
COMPUTATION OF CREDIT HOURS

Section 1. Computation of credit hours

Credit hours are computed based on actual time spent in an activity (actual instruction or speaking
time), in hours to the nearest one-quarter hour.

RULE 7
EXEMPTIONS

Section 1. Parties exempted from the MCLE

The following members of the Bar are exempt from the MCLE requirement:

(a) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of
Executives Departments;

(b) Senators and Members of the House of Representatives;

(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of
the judiciary, incumbent members of the Judicial and Bar Council and incumbent court lawyers covered
by the Philippine Judicial Academy program of continuing judicial education;

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(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of
Justice;

(e) The Solicitor General and the Assistant Solicitor General;

(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;

(g) The Chairmen and Members of the Constitutional Commissions;

(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special
Prosecutor of the Office of the Ombudsman;

(i) Heads of government agencies exercising quasi-judicial functions;

(j) Incumbent deans, bar reviews and professors of law who have teaching experience for at least 10
years accredited law schools;

(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lectures of
the Philippine Judicial Academy; and

(l) Governors and Mayors.

Section 2. Other parties exempted from the MCLE

The following Members of the Bar are likewise exempt:

(a) Those who are not in law practice, private or public.

(b) Those who have retired from law practice with the approval of the IBP Board of Governors.

Section 3. Good cause for exemption from or modification of requirement

A member may file a verified request setting forth good cause for exemption (such as physical disability,
illness, post graduate study abroad, proven expertise in law, etc.) from compliance with or modification
of any of the requirements, including an extension of time for compliance, in accordance with a
procedure to be established by the MCLE Committee.

Section 4. Change of status

The compliance period shall begin on the first day of the month in which a member ceases to be exempt
under Sections 1, 2, or 3 of this Rule and shall end on the same day as that of all other members in the
same Compliance Group.

Section 5. Proof of exemption

Applications for exemption from or modification of the MCLE requirement shall be under oath and
supported by documents.

RULE 8
STANDARDS FOR APPROVAL OF EDUCATION ACTIVITIES

Section 1. Approval of MCLE program

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Subject to the rules as may be adopted by the MCLE Committee, continuing legal education program
may be granted approval in either of two (2) ways: (1) the provider of the activity is an approved
provider and certifies that the activity meets the criteria of Section 3 of this Rules; and (2) the provider is
specially mandated by law to provide continuing legal education.

Section 2. Standards for all education activities

All continuing legal education activities must meet the following standards:

(a) The activity shall have significant current intellectual or practical content.

(b) The activity shall constitute an organized program of learning related to legal subjects and the legal
profession, including cross profession activities (e.g., accounting-tax or medical-legal) that enhance legal
skills or the ability to practice law, as well as subjects in legal writing and oral advocacy.

(c) The activity shall be conducted by a provider with adequate professional experience.

(d) Where the activity is more than one (1) hour in length, substantive written materials must be
distributed to all participants. Such materials must be distributed at or before the time the activity is
offered.

(e) In-house education activities must be scheduled at a time and location so as to be free from
interruption like telephone calls and other distractions.

RULE 9
APPROVAL OF PROVIDERS

Section 1. Approval of providers

Approval of providers shall be done by the MCLE Committee.

Section 2. Requirements for approval of providers

Any persons or group may be approved as a provider for a term of two (2) years, which may be
renewed, upon written application. All providers of continuing legal education activities, including in-
house providers, are eligible to be approved providers. Application for approval shall:

(a) Be submitted on a form provided by the IBP;

(b) Contain all information requested on the form;

(c) Be accompanied by the approval fee;

Section 3. Requirements of all providers

All approved providers shall agree to the following:

(a) An official record verifying the attendance at the activity shall be maintained by the provider for at
least four (4) years after the completion date. The provider shall include the member on the official
record of attendance only if the member's signature was obtained at the time of attendance at the
activity. The official record of attendance shall contain the member's name and number in the Roll of

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Attorneys and shall identify the time, date, location, subject matter, and length of the education activity.
A copy of such record shall be furnished the IBP.

(b) The provider shall certify that:

(1) This activity has been approved for MCLE by the IBP in the amount of ________ hours of which hours
will apply in (legal ethics, etc.), as appropriate to the content of the activity;

(2) The activity conforms to the standards for approved education activities prescribed by these Rules
and such regulations as may be prescribed by the IBP pertaining to MCLE.

(c) The provider shall issue a record or certificate to all participants identifying the time, date, location,
subject matter and length of the activity.

(d) The provider shall allow in-person observation of all approved continuing legal education activities by
members of the IBP Board of Governors, the MCLE Committee, or designees of the Committee and IBP
staff for purposes of monitoring compliance with these Rules.

(e) The provider shall indicate in promotional materials, the nature of the activity, the time devoted to
each devoted to each topic and identify of the instructors. The provider shall make available to each
participant a copy of IBP-approved Education Activity Evaluation Form.

(f) The provider shall maintain the completed Education Activity Evaluation Forms for a period of not
less than one (1) year after the activity, copy furnished the IBP.

(g) Any person or group who conducts an unauthorized activity under this program or issues a spurious
certificate in violation of these Rules shall be subject to appropriate sanctions.

Section 4. Renewal of provider approval

The approval of a provider may be renewed every two (2) years. It may be denied if the provider fails to
comply with any of the requirements of these Rules or fails to provide satisfactory education activities
for the preceding period.

Section 5. Revocation of provider approval

The approval of any provider referred to in Rule 9 may be revoked by a majority vote of the IBP Board of
Governors, upon recommendation of the MCLE Committee, after notice and hearing and for good cause.

RULE 10
ACTIVITY AND PROVIDER APPROVAL FEE

Section 1. Payment of fees

Application for approval of an education activity or as a provider requires payment of an appropriate


fee.

RULE 11
GENERAL COMPLIANCE PROCEDURES

Section 1. Compliance card

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Each member shall secure from the MCLE Committee a Compliance Card before the end of his
compliance period. He shall complete the card by attesting under oath that he has complied with the
education requirement or that he is exempt, specifying the nature of the exemption. Such Compliance
Card must be returned to the address indicated therein not later than the day after the end of the
member's compliance period.

Section 2. Member record keeping requirement

Each member shall maintain sufficient record of compliance or exemption, copy furnished the MCLE
Committee. The record required to be provided to the members by the provider pursuant to Section 3(c)
of Rule 9 should be sufficient record of attendance at a participatory activity. A record of non-
participatory activity shall also be maintained by the member, as referred to in Section 3 of Rule 5.

RULE 12
NON-COMPLIANCE PROCEDURES

Section 1. What constitutes non-compliance

The following shall constitute non-compliance

(a) Failure to complete the education requirement within the compliance period;

(b) Failure to provide attestation of compliance or exemption;

(c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within
the prescribed period;

(d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty
(60) days from receipt of a non-compliance notice;

(e) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade
compliance with the MCLE requirements.

Section 2. Non-compliance notice and 60-day period to attain compliance

A member failing to comply will receive a Non-Compliance Notice stating the specific deficiency and will
be given sixty (60) days from the date of notification to explain the deficiency or otherwise show
compliance with the requirements. Such notice shall contain, among other things, the following
language in capital letters:

YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE OR PROOF OF


COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM THE DATE OF NOTICE),
SHALL BE A CAUSE FOR LISTING AS A DELINQUENT MEMBER.

The Member may use this period to attain the adequate number of credit hours for compliance. Credit
hours earned during this period may only be counted toward compliance with the prior compliance
period requirement unless hours in excess of the requirement are earned, in which case, the excess
hours may be counted toward meeting the current compliance period requirement.lawphil.net

RULE 13
CONSEQUENCES OF NON-COMPLIANCE

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Section 1. Non-compliance fee

A member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay
a non-compliance fee.

Section 2. Listing as delinquent member

Any member who fails to satisfactorily comply with Section 2 of Rule 12 shall be listed as a delinquent
member by the IBP Board of Governors upon the recommendation of the MCLE Committee, in which
case, Rule 139-A of the Rules of Court shall apply.

RULE 14
REINSTATEMENT

Section 1. Process

The involuntary listing as a delinquent member shall be terminated when the member provides proof of
compliance with the MCLE requirement, including payment of non-compliance fee. A member may
attain the necessary credit hours to meet the requirement for the period of non-compliance during the
period the member is on inactive status. These credit hours may not be counted toward meeting the
current compliance period requirement. Credit hours attained during the period of non-compliance in
excess of the number needed to satisfy the prior compliance period requirement may be counted
toward meeting the current compliance period requirement.lawphil.net

Section 2. Termination of delinquent listing administrative process

The termination of listing as a delinquent member is administrative in nature but it shall be made with
notice and hearing by the MCLE Committee.

RULE 15
MANDATORY CONTINUING LEGAL EDUCATION COMMITTEE

Section 1. Composition

The MCLE Committee shall be composed of five (5) members, namely: a retired Justice of the Supreme
Court, as Chair, and four (4) members, respectively, nominated by the IBP, the Philippine Judicial
Academy, a law center designated by the Supreme Court and associations of law schools and/or law
professors.

The members of the Committee shall be of proven probity and integrity. They shall be appointed by the
Supreme Court for a term of three (3) years and shall receive such compensation as may be determined
by the Court.

Section 2. Duty of the Committee

The MCLE Committee shall administer and adopt such implementing rules as may be necessary subject
to the approval by the Supreme Court. It shall, in consultation with the IBP Board of Governors,
prescribe a schedule of MCLE fees with the approval of the Supreme Court.

Section 3. Staff of the IBP

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The IBP shall employ such staff as may be necessary to perform the record-keeping, auditing, reporting,
approval and other necessary functions.

Section 4. Submission of annual budget

The IBP shall submit to the Supreme Court an annual budget for a subsidy to establish, operate and
maintain the MCLE Program.

This resolution shall take effect in October 2000, following its publication in two (2) newspaper of
general circulation in the Philippines.

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