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However, the Court, taking judicial notice of the fact that there are still municipalities which The notaries public who have been authorized to use such forms shall have them book-bound and
have neither lawyers nor notaries public, rules that MTC and MCTC judges assigned to initialed on each and every page by the executive judge before whom the request was filed. Each
municipalities or circuits with no lawyers or notaries public may, in the capacity as notaries bound copy shall have a maximum of 106 pages and shall be treated and used in the same
public ex officio, perform any act within the competency of a regular notary public, provided manner as the new notarial book.
that: (1) all notarial fees charged be for the account of the Government and turned over to the
municipal treasurer (Lapena, Jr. vs. Marcos, Adm. Matter No. 1969-MJ, June 29, 1982, 114 Each request shall be limited to one bound copy. Should the bound copy be used up before the
SCRA 572); and, (2) certification be made in the notarized documents attesting to the lack of new notarial books are available, the notary public concerned may request anew for the use of
any lawyer or notary public in such municipality or circuit. bound temporary forms. The use of bound temporary forms shall end when the new notarial
books are available but, upon written request, the executive judge may allow the notary public to
use up the bound temporary forms.
5. The OCA shall, within the first ten (10) days of the first month of every quarter remit to the
Office of the Solicitor General an amount equivalent to 10% of the gross collections during the
Guidelines relative to printing and distribution of notarial books, 2004 Rules on Notarial Practice, A.M. preceding quarter as the share of the OSG in the sale of the notarial registers.
No. 02-8-13-SC, SC En Banc Resolution dated August 15, 2006
Re: 2004 Rules on Notarial Practice 6. The printed certification of the Court Administrator as to the number of pages of each notarial
Sirs/Mesdames: register shall be countersigned by the following:
Quoted hereunder, for your information, is a resolution of this Court dated AUG 15 2006. a. In the National Capital Judicial Region, the official of the Office of the Court
“A.M. No. 02-8-13-SC.- Re: 2004 Rules on Notarial Practice.- The Court Resolved to Administrator authorized by the Court Administrator to so countersign; and
b. In the case of the other judicial regions, the Clerk of Court of the Regional Trial Court of
(a) APPROVE the Proposed Guidelines in the Implementation of the Provisions of the Memorandum of the city or province where such book has been obtained for cost.
Agreement between the Office of the Court Administrator and the Office of the Solicitor General relative
to printing and distribution of Notarial Books, to wit:
7. The Supreme Court Printing Office shall print the notarial registers. In the event the Printing RULE II
Office cannot meet the requirements of the OCA, and subject to Republic Act No. 9184 DEFINITIONS
(Government Procurement Reform Act), its implementing rules and regulations, and existing
Supreme Court issuances on procurement, the Court Administrator may contract out the printing SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in which an individual on a single
of notarial registers to the following printers in the following order: occasion:chanroblesvirtuallawlibrary
a. UP Printing Services
b. The National Printing Office, or (a) appears in person before the notary public and presents an integrally complete instrument or
c. Private printing firm document;
chan robles virtual law library
The OCA shall resort to the third option only if the first two printers can not accommodate the (b) is attested to be personally known to the notary public or identified by the notary public through
requirements of the Court. competent evidence of identity as defined by these Rules; and -
chan robles virtual law library
After the approval by the Court of these guidelines, the OCA shall disseminate the same through a (c) represents to the notary public that the signature on the instrument or document was voluntarily
circular. 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
(b) DENY for lack of merit the motion filed by Chief Public Attorney Persida V. Rueda-Acosta, praying for representative capacity, that he has the authority to sign in that capacity.
a reconsideration of the resolution of January 31, 2006 which denied her request for the exemption of
PAO lawyers from the payment of the fees for notarial commission and for the exemption of their clients SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath” refers to an act in which an individual on
from the payment of filing fees; a single occasion: chan robles virtual law library
(c) NOTE the letter dated September 5, 2005 of Mr. Prescillano Y. Aguinias, Jr.; (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
(d) CONFIRM the opinions of then Court Administrator Presbitero J. Velasco, Jr. and Deputy Court evidence of identity as defined by these Rules; and chan robles virtual law library
Administrator Jose P. Perez that the Court does not render advisory opinions; (c) avows under penalty of law to the whole truth of the contents of the instrument or document.
(e) INFORM Mr. Agunias, Jr. that neither does the Subcommittee on Revision of Rules Governing SEC. 3. Commission. - “Commission” refers to the grant of authority to perform notarial acts and to the
Notaries Public render advisory opinions; written evidence of the authority.
(f) AUTHORIZE the Clerks of Court of the Regional Trial Courts to notarize not only documents relating to SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act in which a notary
the exercise of their official functions but also private documents, subject to the following conditions: (i) public:chanroblesvirtuallawlibrary
all notarial fees charged in accordance with Section 7(o) of Rule 141 of the Rules of Court, and, with
respect to private documents, in accordance with the notarial fee that the Supreme Court may prescribe (a) is presented with an instrument or document that is neither a vital record, a public record, nor
in compliance with Section 1, Rule V of the 2004 Rules on Notarial Practice, shall be for the account of publicly recordable;
the Judiciary and (ii) they certify in the notarized documents that there are no notaries public within the (b) copies or supervises the copying of the instrument or document;
territorial jurisdiction of the Regional Trial Court; (c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.
(g) DIRECT the Court Administrator to issue a circular for the purpose of implementing the above
authority; and 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
(h) ADOPT a consolidated and uniform rate of fees for notarial services.” Corona, J., on leave. Azcuna, J., library
abroad on official business.
SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a single
occasion:chanroblesvirtuallawlibrary
Very truly yours,
(SGD.) MA. LUISA D. VILLARAMA (a) appears in person before the notary public and presents an instrument or document;
Clerk of Court (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 (2) oaths and affirmations;
Rules. chan robles virtual law library
(3) jurats; chan robles virtual law library
(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) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an
(b) the oath or affirmation of one credible witness not privy to the instrument, document or transaction instrument or document presented for notarization if:chanroblesvirtuallawlibrary
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.
(1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested
SEC. 13. Official Seal or Seal. - “Official seal” or “Seal” refers to a device for affixing a mark, image or and unaffected witnesses to the instrument or document;
impression on all papers officially signed by the notary public conforming the requisites prescribed by
these Rules. (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
SEC. 14. Signature Witnessing. - The term “signature witnessing” refers to a notarial act in which an public"; and chan robles virtual law library
individual on a single occasion:
(4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat,
(a) appears in person before the notary public and presents an instrument or document; or signature witnessing.
(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) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a
(c) signs the instrument or document in the presence of the notary public mark on an instrument or document if:chanroblesvirtuallawlibrary
RULE IV (1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf;
POWERS AND LIMITATIONS OF NOTARIES PUBLIC (2) the signature of the notary public is affixed in the presence of two disinterested and unaffected
witnesses to the instrument or document;