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A.M. No.

02-8-13-SC, 2004 Rules on Notarial Practice


RESOLUTION
Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial Practice of 2004
submitted by the Sub-Committee for the Study, Drafting and Formulation of the Rules Governing the
Appointment of Notaries Public and the Performance and Exercise of Their Official Functions, of the
Committees on Revision of the Rules of Court and on Legal Education and Bar Matters, the Court Resolved
to APPROVE the proposed Rules on Notarial Practice of 2004, with modifications, thus:
2004 RULES ON NOTARIAL PRACTICE
RULE I. IMPLEMENTATION
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial Practice.
SEC. 2. Purposes. - These Rules shall be applied and construed to advance the following purposes:
(a) to promote, serve, and protect public interest;
(b) to simplify, clarify, and modernize the rules governing notaries public; and
(c) to foster ethical conduct among notaries public.
SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in the singular include
the plural, and words in the plural include the singular.
RULE II. DEFINITIONS
SECTION 1. Acknowledgment. - Acknowledgment refers to an act in which an individual on a single
occasion:
(a) appears in person before the notary public and presents an integrally complete instrument or
document;
(b) is attested to be personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules; and (c) represents to the notary public that the signature on the instrument or document was voluntarily
affixed by him for the purposes stated in the instrument or document, declares that he has
executed the instrument or document as his free and voluntary act and deed, and, if he acts in a
particular representative capacity, that he has the authority to sign in that capacity.
SEC. 2. Affirmation or Oath. - The term Affirmation or Oath refers to an act in which an individual on a
single occasion:
(a) appears in person before the notary public;
(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity as defined by these Rules; and
(c) avows under penalty of law to the whole truth of the contents of the instrument or document.
SEC. 3. Commission. - Commission refers to the grant of authority to perform notarial acts and to the
written evidence of the authority.
SEC. 4. Copy Certification. - Copy Certification refers to a notarial act in which a notary public:
(a) is presented with an instrument or document that is neither a vital record, a public record, nor
publicly recordable;
(b) copies or supervises the copying of the instrument or document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.
SEC. 5. Notarial Register. - Notarial Register refers to a permanently bound book with numbered pages
containing a chronological record of notarial acts performed by a notary public.
SEC. 6. Jurat. - Jurat refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and

(d) takes an oath or affirmation before the notary public as to such instrument or document.
SEC. 7. Notarial Act and Notarization. - Notarial Act and Notarization refer to any act that a notary
public is empowered to perform under these Rules.
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.
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 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.
_____________________
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.
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.
(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.
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:


(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.
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 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:
(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.
(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.
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 (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:
(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;
(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.
Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez, Carpio, AustriaMartinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.

Rule 139-B: DISBARMENT & DISCIPLINE OF ATTORNEYS


Section 1. How instituted. - Proceedings for disbarment, suspension or discipline of attorneys may be taken
by the Supreme Court motu proprio, or by the Integrated Bar of the Philippines (IBP) upon the verified
complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall
be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by
such documents as may substantiate said facts.
The IBP Board of Governors may, motu proprio or upon referral by the Supreme Court or by a
Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges
against erring attorneys including those in the government service; Provided, however, that all

charges against Justices of the Court of Tax Appeals and the Sandiganbayan, and Judges of the
Court of Tax Appeals and lower courts, even if lawyers are jointly charged with them, shall be filed
with the Supreme Court; Provided, further, that charges filed against Justices and Judges before
the IBP, including those filed prior to their appointment in the Judiciary, shall immediately be
forwarded to the Supreme Court for disposition and adjudication.
Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary
of any of its chapters who shall forthwith transmit the same to the IBP Board of Governors for
assignment to an investigator. (As amended by Bar Matter No. 1960).
A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES
Sec. 2. National Grievance Investigator. - The Board of Governors shall appoint from among IBP members
an Investigator or, when special circumstances so warrant, a panel of three(3) investigators to investigate
the complaint All Investigators shall take an oath of office in the form prescribed by the Board of
Governors. A copy of the Investigator's appointment and oath shall be transmitted to the Supreme Court.
An Investigator may be disqualified by reason of relationship within the fourth degree of
consanguinity or affinity to any of the parties or their counsel, pecuniary interest, personal bias,
or his having acted as counsel for either party, unless the parties sign and enter upon the record
their written consent to his acting as such Investigator. Where the Investigator does not
disqualify himself, a party may appeal to the IBP Board of Governors, which by majority vote of
the members present, there being a quorum, may order his disqualification.
Any Investigator may also be removed for cause, after due hearing, by the vote of at least six
(6) members of the IBP Board Governors. The decision of the Board of Governors in all cases of
disqualification or removal shall be final.
Sec. 3. Duties of the National Grievance Investigator. - The National Grievance Investigators shall
investigate all complaint against members of the Integrated Bar referred to them by the IBP Board of
Governors.
Sec. 4. Chapter assistance to complainant. - The proper IBP Chapter may assist the complainant(s) in the
preparation and filing of his complaint(s).
Sec. 5. Service or dismissal. - If the complaint appears to be meritorious, the Investigator shall direct that a
copy thereof be served upon the respondent, requiring him to answer the same within fifteen (15) days
from the date of service. If the complaint does not merit action, or if the answer shows to the satisfaction
of the Investigator that the complaint is not meritorious, the same may be dismissed by the Board of
Governors upon his recommendation. A copy of the resolution of dismissal shall be furnished the
complainant and the Supreme Court which may review the case motu proprio or upon timely appeal of the
complainant filed within 15 days from notice of the dismissal of the complainant.
No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise,
restitution, withdrawal of the charges, or failure of the complainant to prosecute the same.
Sec. 6. Verification and service of answer. - The answer shall be verified. The original and five (5) legible
copies of the answer shall be filed with the Investigator, with proof of service of a copy thereof on the
complainant or his counsel.
Sec. 7. Administrative counsel. - The IBP Board of Governors shall appoint a suitable member of the
Integrated Bar as counsel to assist the complainant or the respondent during the investigation in case of
need for such assistance.
Sec. 8. Investigation. - Upon joinder of issues or upon failure of the respondent to answer, the Investigator
shall, with deliberate speed, proceed with the investigation of the case. He shall have the power to issue
subpoenas and administer oaths. The respondent shall be given full opportunity to defend himself, to
present witnesses on his behalf and be heard by himself and counsel. However, if upon reasonable notice,
the respondent fails to appear, the investigation shall proceed ex parte.

The Investigator shall terminate the investigation within three (3) months from the date of its
commencement unless extended for good cause by the Board of Governors upon prior application.
Willfull failure or refusal to obey a subpoena or any other lawful order issued by the Investigator shall be
dealt with as for indirect contempt of court. The corresponding charge shall be filed by the Investigator
before the IBP Board of Governors which shall require the alleged contemnor to show cause within ten (10)
days from notice. The IBP Board of Governors may thereafter conduct hearings, if necessary, in accordance
with the procedure set forth in this Rule for hearings before the Investigator. Such hearing shall, as far as
practicable, be terminated within fifteen (15) days from its commencement. Thereafter, the IBP Board of
Governors shall within like period fifteen (15) days issue a resolution setting forth its findings and
recommendations, which `shall forthwith be transmitted to the Supreme Court for final action and if
warranted, the imposition of penalty.
Sec. 9. Depositions. - Depositions may be taken in accordance with the Rules of Court with leave of the
investigator(s).
Within the Philippines, depositions may be taken before any member of the Board of Governors, the
President of any Chapter, or any officer authorized by law to administer oaths.
Depositions may be taken outside the Philippines before a diplomatic or consular representative of the
Philippine Government or before any person agreed upon by the parties or designated by the Board of
Governors.
Any suitable members of the Integrated Bar in the place where a deposition shall be taken may be
designated by the Investigator to assist the complainant or the respondent in taking a deposition.
Sec. 10. Report of Investigator. - Not later than thirty (30) days from the termination of the investigation,
the Investigator shall submit a report containing his findings of fact and recommendations to the IBP Board
of Governors, together with the stenographic notes and the transcripts thereof and all the evidence
presented during the investigation. The submission of the report need not await the transcription of the
stenographic notes, it being sufficient that the report reproduce substantially from the Investigator's
personal notes any relevant and pertinent testimonies.
Sec. 11. Defects. - No defect in a complaint, notice, answer, or in the proceeding or the Investigator's
Report shall be considered as substantial unless the Board of Governors, upon considering the whole
record, finds that such defect has resulted or may result in a miscarriage of justice, in which event the
Board shall take such remedial action as the circumstance may warrant, including invalidation of the entire
proceedings.
Sec. 12. View and decision by the Board of Governors. (a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon
the record and evidence transmitted to it by the Investigator with his report. The decision of the
Board upon such review shall be in writing and shall clearly and distinctly state the facts and the
reasons on which it is based. It shall be promulgated within a period not exceeding thirty (30)
days from the next meeting of the Board following the submittal of the Investigator's Report
(b) If the Board, by the vote of a majority of its total membership, determines that the
respondent should be suspended from the practice of law or disbarred, it shall issue a resolution
setting forth its findings and recommendations which, together with the whole record of the
case, shall forthwith be transmitted to the Supreme Court for final action.
(c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less
than suspension or disbarment (such as admonition, reprimand, or fine) it shall issue a decision
exonerating respondent or imposing such sanction. The case shall be deemed terminated unless
upon petition of the complainant or other interested party filed with the Supreme Court within
fifteen (15) days from notice of the Boards resolution, the Supreme Court orders otherwise.
(d) Notice of the resolution or decision of the Board shall be given to all parties through their
counsel. A copy of the same shall be transmitted to the Supreme Court.

B. PROCEEDINGS IN THE SUPREME COURT


Sec. 13. Supreme Court Investigators. - In proceedings initiated motu proprio by the Supreme Court in
other proceedings when the interest of justice so requires, the Supreme Court may refer the case for
investigation to the Solicitor General or to any officer of the Supreme Court or judge of a lower court, in
which case, the investigation shall proceed in the same manner provided in Sections 6 to 11 hereof, save
that the review report of the investigation shall be conducted directly by the Supreme Court.
Sec. 14. Report of the Solicitor General or other Court designated investigator. - Based upon the evidence
adduced at the investigation, the Solicitor General or other Investigator designated by the Supreme Court
shall submit to the Supreme Court a resolution containing his findings of fact and recommendations
together the record and all the evidence presented in the investigation for the final action of the Supreme
Court.
C. COMMON PROVISIONS
Sec. 15. Suspension of attorneys by Supreme Court. - After receipt of respondent's answer or lapse of the
period therefor, the Supreme Court, motu proprio, or at the instance of the IBP Board of Governors upon
the recommendation of the Investigator, may suspend an attorney from the practice of his profession for
any of the causes specified in Rule 138, Section 27, during the pendency of the investigation until such
suspension is lifted by the Supreme Court.
Sec. 16. Suspension of attorney by the Court of Appeals or Regional Trial Court. - The Court of Appeals or
Regional Trial Court may suspend an attorney from practice for any of the causes named in Rule 138,
Section 27, until further action of the Supreme Court in the case.
Sec. 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in Supreme
Court. - Upon such suspension, the Court of Appeals or a Regional Trial Court shall forthwith transmit to the
Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the
same was based. Upon receipt of such certified copy and statement, the Supreme Court shall make a full
investigation of the case and may revoke, shorten or extend the suspension, or disbar the attorney as the
facts may warrant.
Sec. 18. Confidentiality. - Proceedings against attorneys shall be private and confidential. However, the
final order of the Supreme Court shall be published like its decisions in other cases.
Sec. 19. Expenses. - All reasonable and necessary expenses incurred in relation to disciplinary and
disbarment proceedings are lawful charges forthwith the parties may be taxed as costs.
Sec. 20. Effectivity and Transitory Provision. - This Rule shall take effect on June 1, 1988 and shall
supersede the present Rule 139 entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS". All cases
pending investigation by the Office of the Solicitor General shall be transferred to the Integrated Bar of the
Philippines Board of Governors for investigation and disposition as provided in this Rule except those cases
where the investigation has been substantially completed. (Bar Matter No. 356, Resolution dated April 13,
1988).

A.M. No. 03-05-01-SC Adopting the New Code of Judicial Conduct for the Philippine Judiciary.
CANON 1: INDEPENDENCE
Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. A
judge shall therefore uphold and exemplify judicial independence in both its individual and institutional
aspects.
Sec. 1. Judges shall exercise the judicial function independently on the basis of their assessment of the
facts and in accordance with a conscientious understanding of the law, free of any extraneous
influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any
reason.
Sec. 2. In performing judicial duties, Judges shall be independent from judicial colleagues in respect of
decisions which the judge is obliged to make independently.
Sec. 3. Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending
before another court or administrative agency.
Sec. 4. Judges shall not allow family, social, or other relationship to influence judicial conduct or judgment.
The prestige of judicial office shall not be used or lent to advance the private interests of others, nor
convey or permit others to convey the impression that they are in a special position to influence the
judge.
Sec. 5. Judges shall not only be free from inappropriate connections with, and influence by, the executive
and legislative branches of government, but must also appear to be free therefrom to a reasonable
observer.
Sec. 6. Judges shall be independent in relation to society in general and in relation to the particular parties
to a dispute which he or she has to adjudicate.
Sec. 7. Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to
maintain and enhance the institutional and operational independence of the judiciary.
Sec. 8. Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public
confidence in the judiciary which is fundamental to the maintenance of judicial independence.
CANON 2: INTEGRITY
Integrity is essential not only to the proper discharge of the judicial office but also to the personal
demeanor of judges.
Sec. 1. Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in
view of a reasonable observer.
Sec. 2. The behavior and conduct of judges must reaffirm the peoples faith in the integrity of the judiciary.
Justice must not merely be done but must also be seen to be done.
Sec. 3. Judges should take or initiate appropriate disciplinary measures against lawyers or court personnel
for unprofessional conduct of which the judge may have become aware.
CANON 3: IMPARTIALITY
Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision itself
but also to the process by which the decision is made.
Sec. 1. Judges shall perform their judicial duties without favor, bias, or prejudice.
Sec. 2. Judges shall ensure that his or her conduct, both in and out of court, maintains and enhances the
confidence of the public, the legal; profession and litigants in the impartiality of the judge and of the
judiciary.
Sec. 3. Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on which
it will be necessary for them to be disqualified from hearing or deciding cases.
Sec. 4. Judges shall not knowingly, while a proceeding is before, or could come before, them to make any
comment that might reasonably be expected to affect the outcome of such proceeding or impair the
manifest fairness of the process.
Nor shall judges make any comment in public or otherwise that might affect the fair trial of any
person or issue.
Sec. 5. Judges shall disqualify themselves from participating in any proceeding in which they are unable to
decide the matter impartially or in which it may appear to a reasonable observer that they are unable
to decide the matter impartially. Such proceedings include, but are not limited to instances where:

a) The judge has actual bias or prejudice concerning a party or personal knowledge of disputed
evidentiary facts concerning the proceedings;
b) The judge previously served as a lawyer or was a material witness in the matter in controversy;
c) The judge or member of his or her family, has economic interest in the outcome of the matter in
controversy;
d) The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in
controversy, or a former associate of the judge served as a counsel during their association,
or the judge was a material witness therein;
e) The judges ruling in the lower court is the subject of review;
f ) The judge is related by consanguinity or affinity to a party litigant within the 6th civil degree or to
counsel within the 4th civil degree; or
g) The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor,
fiduciary, or otherwise, in the subject matter in the controversy or in a party to the proceeding, or
any other interest that could be substantially affected by the outcome of the proceedings;
Sec. 6. A judge disqualified as stated above may, instead of withdrawing from the proceeding, disclose on
the records that basis of disqualification. If, based on such disclosure, the parties and lawyers
independently of the judges participation, all agree in writing that the reason for the inhibition is
immaterial or unsubstantial, the judge may then participate in the proceeding. The agreement,
signed by all parties and lawyers, shall be incorporated in the record of the proceedings.
CANON 4: PROPRIETY
Propriety and appearance of propriety are:
Sec. 1. Judges shall avoid impropriety and the appearance of impropriety in all of their activities.
Sec. 2. As a subject of constant public scrutiny, judges must accept personal restrictions that might be
viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular,
judges shall conduct themselves in a way that is consistent with the dignity of judicial office.
Sec. 3. Judges shall, in their personal relations with individual members of the legal profession who
practice regularly in their court, avoid situations which might reasonably give rise to suspicion or
appearance of favoritism or partiality.
Sec. 4. Judges shall not participate in the determination of a case in which any member of their family
represents a litigant or is associated in any manner with the case.
Sec. 5. Judges shall not allow the use of their residence by a member of the legal profession to receive
clients of the latter or of other members of the legal profession.
Sec. 6. Judges, like any other citizen, are entitled to freedom of expression, belief, association and
assembly, but in exercising such rights, they shall always conduct themselves in such a manner as to
preserve the dignity of the judicial office and the impartiality and independence of the judiciary.
Sec. 7. Judges shall inform themselves about their personal fiduciary financial interests and shall make
reasonable efforts to be informed about the financial interests of members of their family.
Sec. 8. Judges shall not use or lend the prestige of the judicial office to advance their private interests, or
those of a member of their family or anyone else, nor shall they convey or permit others to convey
the impression that anyone is in a special position improperly to influence in the performance of
judicial duties.
Sec. 9. Confidential information acquired by judges in their capacity shall not be used or disclosed by any
other purpose related to their judicial duties.
Sec. 10. Subject to the proper performance of judicial duties, judges may:
a) Write, lecture, and participate in activities concerning the law, the legal system, the administration
of justice or related matters;
b) Appear at a public hearing before an official body concerned with matters relating to the law, the
legal system, the administration of justice or related matters;
c) Engage in other activities if such activities do not detract from the dignity of the judicial office or
otherwise interfere with the performance of judicial duties.
Sec. 11. Judges shall not practice law whilst the holder of judicial office.
Sec. 12. Judges may form or join associations of judges or participate in other organizations representing
the interests of judges.
Sec. 13. Judges and members of their families shall neither ask for, nor accept, any gift, bequest, loan or
favor in relation to anything done or to be done or omitted to be done by him or her in connection
with the performance of judicial duties.
Sec. 14. Judges shall not knowingly permit court staff or others subject to their influence, direction or
authority, to, ask for, or accept, any gift, bequest, loan or favor in relation to anything done or to be
done or omitted to be done in connection with their duties or functions.

Sec. 15. Subject to the law and to any legal requirements of public disclosure, judges may receive a token
gift, award or benefit as appropriate to the occasion on which it is made provided that such gift,
award or benefit might not reasonably be perceived as intended to influence the judge in the
performance of judicial duties or otherwise give rise to an appearance of partiality.
CANON 5: EQUALITY
Ensuring equality of treatment to all before the court is essential to the due performance of judicial office.
Sec. 1. Judges shall be aware of, and understand, diversity in society and differences arising from various
sources, including but no limited to race, color, sex, religion national origin, caste, disability, age,
marital status, sexual orientation, social and economic status and like causes.
Sec. 2. Judges shall not, in the performance of judicial duties, by words or conduct, manifest bias or
prejudice towards any person or group on irrelevant grounds.
Sec. 3. Judges shall carry out judicial duties with appropriate consideration for all person, such as the
parties, witnesses, lawyers. Court staff, and judicial colleagues, without differentiation on any
irrelevant ground, immaterial to the proper performance of such duties.
Sec. 4. Judges shall not knowingly permit court staff or other subject to his or her influence, direction or
control to differentiate between persons concerned, in a matter before the judge, on any irrelevant
ground.
Sec. 5. Judges shall require lawyers in proceedings before the court to refrain from manifesting, by words
or conduct, bias or prejudice based on irrelevant grounds, except such as are legally relevant to an
issue in proceedings and may be the subject of legitimate advocacy.
CANON 6: COMPETENCE AND DILIGENCE
Competence and diligence are prerequisite to the due performance of judicial office.
Sec. 1. The judicial duties of a judge take precedence over all other activities.
Sec. 2. Judges shall devote their professional activity to judicial duties, which include not only the
performance of judicial functions and responsibilities in court and the making of decisions, but also
other tasks relevant to the judicial office or courts operations.
Sec. 3. Judges shall take reasonable steps to maintain and enlarge their knowledge, skills and personal
qualities necessary for the proper performance of judicial duties, taking advantage for this purpose of
the training and other facilities which should be made available, under judicial control to judges
Sec. 4. Judges shall keep themselves informed about relevant developments of international law, including
international conventions, and other instruments establishing human right norms.
Sec. 5. Judges shall perform all judicial duties, including the delivery of reserved decisions, efficiently,
fairly, and with reasonable promptness.
Sec. 6. Judges shall maintain order and decorum in all proceedings before the court and be patient
dignified and courteous in relation to litigants, witnesses, lawyers and other with whom the judge
deals in an official capacity. Judges shall require similar conduct of legal representatives, court staff
and others subject to their influence, direction and control.
Sec. 7. Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties.
Rule 140: CHARGES AGAINST JUDGES OF FIRST INSTANCE
Sec. 1. Complaint. - All charges against judges of first instance shall be in writing and shall set out
distinctly, clearly, and concisely the facts complained of as constituting the alleged serious misconduct or
inefficiency of the respondent, and shall be sworn to and supported by affidavits of persons who have
personal knowledge of the facts therein alleged, and shall be accompanied with copies of documents
which may substantiate said facts.
Sec. 2. Service or dismissal. - If the charges appear to merit action, a copy thereof shall be served upon the
respondent, requiring him to answer within ten (10) days from the date of service. If the charges do not
merit action, or if the answer shows to the satisfaction of the court that the charges are not meritorious,
the same shall be dismissed.
Sec. 3. Answer; hearing. - Upon the filing of respondent's answer, or upon the expiration of the time for its
filing, the court shall assign one of its members, a Justice of the Court of Appeals or a judge of first
instance to conduct the hearing of the charges. The Justice or judge so assigned shall set a day for the
hearing, and notice thereof shall be served on both parties. At such hearing the parties may present oral or
written evidence.

Sec. 4. Report. - After the hearing, the Justice or judge shall file with the Supreme Court a report of his
findings of facts and conclusions of law, accompanied by the evidence presented by the parties and the
other parties in the case.
Sec. 5. Action. - After the filing of the report, the court will take such action as the facts and the law may
warrant.
Sec. 6. Confidential. - Proceedings against judges of first instance shall be private and confidential.c