A.M. No.
12-8-8-SC (3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals,
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 syste1n that the
judiciary has in place;
Whereas, about 40% of criminal cases are dismissed annually owing to the fact that
complainants simply give up con1ing 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:
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;
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
1
their existing rules of procedure contravene the provisions of this Rule.
(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or
investigating officers shall be uniformly referred to here as the "court."
Section 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' docun1entary 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.
This is without prejudice to the introduction of secondary evidence in place of the original
when allowed by existing rules.
Section 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;
(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.
Section 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.
Section 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 shal1 be understood to
be ex parte.
Section 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.
Section 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.
Section 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, 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.
Section 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 Manila, September 4, 2012.
than five days before the pre-trial, serving copies if the same upon the accused.
The complainant or public prosecutor shall attach to the affidavits such MARIA LOURDES P. A. SERENO
documentary or object evidence as he may have, marking them as Exhibits A, B, Chief Justice
C, and so on. No further judicial affidavit, documentary, or object evidence shall
be admitted at the trial. ANTONIO T. CARPIO PRESBITERO J. VELASCO, JR.
Associate Justice Associate Justice
(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 TERESITA J. LEONARDO-DE CASTRO ARTURO D. BRION
affidavit as well as those of his witnesses to the court within ten days from Associate Justice Associate Justice
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 DISODADO M. PERLATA LUCAS P. BERSAMIN
accused and his witnesses when they appear before the court to testify. Associate Justice Associate Justice

Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A party who fails MARIANO C. DEL CASTILLO ROBERTO A. ABAD
to submit the required judicial affidavits and exhibits on time shall be deemed to have Associate Justice Associate Justice
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
MARTIN S. VILLARAMA, JR. JOSE P. PEREZ
party, and the defaulting party pays a fine of not less than P 1,000.00 nor more
Associate Justice Associate Justice
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 JOSE C. MENDOZA BIENVENIDO L. REYES
the scheduled hearing of the case as required. Counsel who fails to appear Associate Justice Associate Justice
without valid cause despite notice shall be deemed to have waived his client's
right to confront by cross-examination the witnesses there present. ESTELA M. PERLAS-BERNABE
Associate Justice

(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 Footnotes
delay is for a valid reason and would not unduly prejudice the opposing party and
1
provided further, that public or private counsel responsible for their preparation By virtue of the Supreme Court's authority under Section 5 (5), Article VIII, of
and submission pays a fine of not less than P1,000.00 nor more than P 5,000.00, the 1987 Constitution to disapprove rules of procedure of special courts and
at the discretion of the court. quasi-judicial bodies.

Section 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.1âwphi1

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

Section 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.
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
(b) xxxx."
Quisumbing, J., on official leave. Ynares-Santiago, J., on leave.
(adv127a)
Very truly yours.
MA. LUISA D. VILLARAMA (sgd)
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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
(a) to promote, serve, and protect public interest; chan robles virtual law library
(b) to simplify, clarify, and modernize the rules governing notaries public; and
(c) to foster ethical conduct among notaries public. chan robles virtual law library
SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in the
singular include the plural, and words in the plural include the singular.
RULE II
DEFINITIONS
SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in which an individual
on a single occasion:chanroblesvirtuallawlibrary
(a) appears in person before the notary public and presents an integrally complete
instrument or document;
chan robles virtual law library
(b) is attested to be personally known to the notary public or identified by the notary
public through competent evidence of identity as defined by these Rules; and -
chan robles virtual law library
(c) represents to the notary public that the signature on the instrument or document was
voluntarily affixed by him for the purposes stated in the instrument or document, declares
that he has executed the instrument or document as his free and voluntary act and deed,
and, if he acts in a particular representative capacity, that he has the authority to sign in
that capacity.
SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath” refers to an act in which an
individual on a single occasion: chan robles virtual law library
(a) appears in person before the notary public; chan robles virtual law library
(b) is personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules; and chan robles virtual law
library
(c) avows under penalty of law to the whole truth of the contents of the instrument or
document.
SEC. 3. Commission. - “Commission” refers to the grant of authority to perform notarial
acts and to the written evidence of the authority.
SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act in which a notary
public:chanroblesvirtuallawlibrary
(a) is presented with an instrument or document that is neither a vital record, a public
record, nor publicly recordable;
(b) copies or supervises the copying of the instrument or document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.
SEC. 5. Notarial Register. - “Notarial Register” refers to a permanently bound book with
numbered pages containing a chronological record of notarial acts performed by a notary
public. chan robles virtual law library
SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a single
occasion:chanroblesvirtuallawlibrary
(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules; chan robles virtual law library
(c) signs the instrument or document in the presence of the notary; and
(d) takes an oath or affirmation before the notary public as to such instrument or
document.
SEC. 7. Notarial Act and Notarization. - “Notarial Act” and “Notarization” refer to any act
that a notary public is empowered to perform under these Rules.
SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the part of, or attachment to, a
notarized instrument or document that is completed by the notary public, bears the
notary's signature and seal, and states the facts attested to by the notary public in a
particular notarization as provided for by these Rules.chan robles virtual law library
SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary” refer to any person
commissioned to perform official acts under these Rules.cralaw
SEC. 10. Principal. - “Principal” refers to a person appearing before the notary public
whose act is the subject of notarization. chan robles virtual law library
SEC. 11. Regular Place of Work or Business. - The term “regular place of work or business”
refers to a stationary office in the city or province wherein the notary public renders legal
and notarial services. chan robles virtual law library
SEC. 12. Competent Evidence of Identity. - The phrase “competent evidence of identity”
refers to the identification of an individual based on:chanroblesvirtuallawlibrary
(a) at least one current identification document 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.cralaw
SEC. 17. Office of the Court Administrator. - “Office of the Court Administrator” refers to
the Office of the Court Administrator of the Supreme Court.cralaw
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.cralaw
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:chanroblesvirtuallawlibrary
(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:chanroblesvirtuallawlibrary
(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:chanroblesvirtuallawlibrary
(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:chanroblesvirtuallawlibrary
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.chanrobles virtual law library chan robles virtual law library
_____________________
Executive Judge
SEC. 6. Opposition to Petition. - Any person who has any cause or reason to object to the
grant of the petition may file a verified written opposition thereto. The opposition must be
received by the Executive Judge before the date of the summary hearing. chan robles
virtual law library
SEC. 7. Form of Notarial Commission. - The commissioning of a notary public shall be in a
formal order signed by the Executive Judge substantially in the following
form:chanroblesvirtuallawlibrary
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) 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.cralaw
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:chanroblesvirtuallawlibrary
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF_____________ chan robles virtual law library
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.chanrobles virtual
law library chan robles virtual law library
Issued this (day) of (month) (year).
________________________
Executive Judge
SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall
have only one official seal of office in accordance with these Rules.
SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may perform
notarial acts in any place within the territorial jurisdiction of the commissioning court for a
period of two (2) years commencing the first day of January of the year in which the
commissioning is made, unless earlier revoked or the notary public has resigned under
these Rules and the Rules of Court. chan robles virtual law library
SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a
Register of Notaries Public in his jurisdiction which shall contain, among others, the dates
of issuance or revocation or suspension of notarial commissions, and the resignation or
death of notaries public. The Executive Judge shall furnish the Office of the Court
Administrator information and data recorded in the register of notaries public. The Office
of the Court Administrator shall keep a permanent, complete and updated database of
such records. chan robles virtual law library
SEC. 13. Renewal of Commission. - A notary public may file a written application with the
Executive Judge for the renewal of his commission within forty-five (45) days before the
expiration thereof. A mark, image or impression of the seal of the notary public shall be
attached to the application.cralaw
Failure to file said application will result in the deletion of the name of the notary public in
the register of notaries public.cralaw
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
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial
acts:chanroblesvirtuallawlibrary
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats; chan robles virtual law library
(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:chanroblesvirtuallawlibrary
(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:chanroblesvirtuallawlibrary
(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:chanroblesvirtuallawlibrary
(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:chanroblesvirtuallawlibrary
(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:chanroblesvirtuallawlibrary
(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.cralaw
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.cralaw
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.cralaw
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.cralaw
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.cralaw
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.cralaw
(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.cralaw
(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:chanroblesvirtuallawlibrary
(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.cralaw
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.cralaw
(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.cralaw
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.cralaw
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. – In notarizing a paper instrument or document, a notary
public shall:chanroblesvirtuallawlibrary
(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.cralaw
(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.cralaw
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.cralaw
(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.cralaw
(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.cralaw
(e) Only one seal may be sold by a vendor or manufacturer for each Certificate of
Authorization to Purchase a Notarial Seal.cralaw
(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.cralaw
(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.cralaw
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:chanroblesvirtuallawlibrary
(a) the name of the notary public as exactly indicated in the commission;
(b) the serial number of the commission of the notary public;
(c) the words "Notary Public" and the province or city where the notary public is
commissioned, the expiration date of the commission, the office address of the notary
public; and
(d) the roll of attorney's number, the professional tax receipt number and the place and
date of issuance thereof, and the IBP membership number.
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authority evidencing
the authenticity of the official seal and signature of a notary public shall be issued by the
Executive Judge upon request in substantially the following form: chan robles virtual law
library
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public),
the person named in the seal and signature on the attached document, is a Notary Public
in and for the (City/Municipality/Province) of the Republic of the Philippines and
authorized to act as such at the time of the document's notarization.chanrobles virtual
law librarychan robles virtual law library
IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this
(date) day of (month) (year).chanrobles virtual law library chan robles virtual law library
_________________
(official signature)
(seal of Executive Judge)
RULE X
CHANGES OF STATUS OF NOTARY PUBLIC
SECTION 1. Change of Name and Address. -
Within ten (10) days after the change of name of the notary public by court order or by
marriage, or after ceasing to maintain the regular place of work or business, the notary
public shall submit a signed and dated notice of such fact to the Executive Judge.

The notary public shall not notarize until:chanroblesvirtuallawlibrary
(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.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 notarial commissions and
the effective dates of their resignation.cralaw
RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS
SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall revoke
a notarial commission for any ground on which an application for a commission may be
denied. chan robles virtual law library
(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate
administrative sanctions upon, any notary public who:chanroblesvirtuallawlibrary
(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).cralaw
SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all
times exercise supervision over notaries public and shall closely monitor their
activities. chan robles virtual law library
SEC. 3. Publication of Revocations and Administrative Sanctions. - The Executive Judge shall
immediately order the Clerk of Court to post in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court the names of notaries public who have been
administratively sanctioned or whose notarial commissions have been revoked.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:chanroblesvirtuallawlibrary
(a) knowingly acts or otherwise impersonates a notary public; chan robles virtual law
library
(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official
records of a notary public; and
(c) knowingly solicits, coerces, or in any way influences a notary public to commit official
misconduct.
SEC 2. Reports to the Supreme Court. - The Executive Judge concerned shall submit
semestral reports to the Supreme Court on discipline and prosecution of notaries public.
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
SECTION 1. Repeal. - All rules and parts of rules, including issuances of the Supreme Court
inconsistent herewith, are hereby repealed or accordingly modified. chan robles virtual law
library
SEC. 2. Effective Date. - These Rules shall take effect on the first day of August 2004, and
shall be published in a newspaper of general circulation in the Philippines which provides
sufficiently wide circulation.
Promulgated this 6th day of July, 2004. chan robles virtual law library
Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez,
Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.c
 A.M. No. 08-8-7-SC (f) Memoranda;

THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES (g) Petition for certiorari, mandamus, or prohibition against any interlocutory
order issued by the court;
RESOLUTION
(h) Motion to declare the defendant in default;
Pursuant to the action of the Court en banc in its session held on October 27, 2009,
Sections 11, 12, 14, 16, 21, and 22 of the Rule of Procedure for Small Claims Cases, (i) Dilatory motions for postponement;
including the attached Forms, are AMENDED to read as follows:
(j) Reply;
Section 11. Response. - The defendant shall file with the court and serve on the plaintiff a
duly accomplished and verified Response within a non-extendible period of ten (10) days (k) Third-party complaints; and
from receipt of summons. The Response shall be accompanied by certified photocopies of
documents, as well as affidavits of witnesses and other evidence in support thereof. No
(l) Interventions.
evidence shall be allowed during the hearing which was not attached to or submitted
together with the Response, unless good cause is shown for the admission of additional
evidence. Section 16. Appearance .- The parties shall appear at thedesignated date of hearing
personally.
THE GROUNDS FOR THE DISMISSAL OF THE CLAIM, UNDER RULE 16 OF THE RULES OF
COURT, SHOULD BE PLEADED. APPEARANCE THROUGH A REPRESENTATIVE MUST BE FOR A VALID CAUSE. THE
REPRESENTATIVE OF AN INDIVIDUAL-PARTY MUST NOT BE A LAWYER, AND
MUST BE RELATED TO OR NEXT-OF-SKIN OF THE INDIVIDUAL-PARTY. JURIDICAL
Section 12. Effect of Failure to File Response. - Should the defendant fail to file his
ENTITIES SHALL NOT BE REPRESENTED BY A LAWYER IN ANY CAPACITY.
Response within the required period, AND LIKEWISE FAIL TO APPEAR AT THE DATE SET
FOR HEARING, THE COURT SHALL RENDER JUDGMENT ON THE SAME DAY, AS MAY BE
WARRANTED BY THE FACTS. THE REPRESENTATIVE MUST BE authorized under a Special Power of Attorney ( Form 5-
SCC ) to enter into an amicable SETTLEMENT OF THE DISPUTE and to enter into stipulations
or admissions of facts and of documentary exhibits.
SHOULD THE DEFENDANT FAIL TO FILE RESPONSE WITHIN THE REQUIRED PERIOD BUT
APPEARS AT THE DATE SET FOR HEARING, THE COURT SHALL ASCERTAIN WHAT DEFENSE
HE HAS TO OFFER AND PROCEED TO HEAR, MEDIATE OR ADJUDICATE THE CASE ON THE Section 21. HEARING. - At the hearing, the judge shall EXERT EFFORTS TO BRING THE
SAME DAY AS IF A RESPONSE HAS BEEN FILED. PARTIES TO AN AMICABLE SETTLEMENT OF THEIR DISPUTE. Any settlement ( Form 7-SCC )
or resolution ( Form 8-SCC ) of the dispute shall be reduced into writing, signed by the
parties and submitted to the court for approval ( Form 12-SCC ).
Section 14. Prohibited Pleadings and Motions. - The following pleadings, motions, or
petitions shall not be allowed in the cases covered by this Rule:
SETTLEMENT DISCUSSIONS SHALL BE STRICTLY CONFIDENTIAL AND ANY REFERENCE TO
ANY SETTLEMENT MADE IN THE COURSE OF SUCH DISCUSSIONS SHALL BE PUNISHABLE
(a) MOTION TO DISMISS THE COMPLAINT;
BY CONTEMPT.

(b) Motion for a bill of particulars;

Section 22. Failure of SETTLEMENT. - If EFFORTS AT SETTLEMENT FAIL, the hearing shall
proceed in an informal and expenditious manner and BE terminated within one (1)
(c) Motion for new trial, or for reconsideration of a judgment, or for reopening of day. EITHER PARTY MAY MOVE IN WRITING ( FORM 10-SCC ) TO HAVE ANOTHER JUDGE
trial; HEAR AND DECIDE THE CASE. THE REASSIGNMENT WITH EXISTING ISSUANCES.

(d) Petition for relief from judgment; THE REFERRAL BY THE ORIGINAL JUDGE TO THE EXECUTIVE JUGDE SHALL BE MADE
WITHIN THE SAME DAY THE MOTION IS FILED AND GRANTED, AND BY THE EXECUTIVE
(e) Motion for extension of time to file pleadings, affidavits, or any other paper; JUDGE TO THE DESIGNATED JUDGE WITHIN THA SAME DAY OF THE REFERRAL. THE NEW
JUDGE SHALL HEAR AND DECIDE THE CASE WITHIN FIVE (5) WORKING DAYS FROM
RECEIPT OF THE ORDER OF REASIGNMENT.

The amendments of the Rule shall take effect on November 3, 2009 following its
publication in two (2) newspapers of general circulation.

October 27, 2009

Signed REYNATO S. PUNO

Chief Justice

Signed LEONARDO A. QUISUMBING Signed ANTONIO T. CARPIO

Associate Justice Associate Justice

(on leave) (on leave)

RENATO C. CORONA CONCHITA CARPIO MORALES
Associate Justice Associate Justice

(on leave)
Signed MINITA V. CHICO-NAZARIO
PRESBITERO J. VELASCO, JR.
Associate Justice
Associate Justice

(on leave) (on leave)

ANTONIO EDUARDO B. NACHURA TERESITA J. LEONARDO-DE CASTRO
Associate Justice Associate Justice

Signed ARTURO D. BRION Signed DIOSDADO M. PERALTA

Associate Justice Associate Justice

(on leave)
LUCAS P. BERSAMIN
MARIANO C. DEL CASTILLO
Associate Justice
Associate Justice

Signed ROBERTO A. ABAD

Associate Justice