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him for the purposes stated in the instrument or

document, declares that he has executed the instrument


Republic of the Philippines or document as his free and voluntary act and deed,
Supreme Court and, if he acts in a particular representative capacity,
Manila that he has the authority to sign in that capacity.

EN BANC SEC. 2. Affirmation or Oath. - The term “Affirmation” or


“Oath” refers to an act in which an individual on a single
A.M. No. 02-8-13-SC occasion:
2004 Rules on Notarial Practice
(a) appears in person before the notary public;
RESOLUTION (b) is personally known to the notary public or identified
by the notary public through competent evidence of
Acting on the compliance dated 05 July 2004 and on the identity as defined by these Rules; and
proposed Rules on Notarial Practice of 2004 submitted (c) avows under penalty of law to the whole truth of the
by the Sub-Committee for the Study, Drafting and contents of the instrument or document.
Formulation of the Rules Governing the Appointment of
Notaries Public and the Performance and Exercise of SEC. 3. Commission. - “Commission” refers to the grant
Their Official Functions, of the Committees on Revision of authority to perform notarial acts and to the written
of the Rules of Court and on Legal Education and Bar evidence of the authority.
Matters, the Court Resolved to APPROVE the proposed
Rules on Notarial Practice of 2004, with modifications, SEC. 4. Copy Certification. - “Copy Certification” refers
thus: to a notarial act in which a notary public:

2004 RULES ON NOTARIAL PRACTICE (a) is presented with an instrument or document that is
neither a vital record, a public record, nor publicly
RULE I recordable;
IMPLEMENTATION (b) copies or supervises the copying of the instrument
or document;
SECTION 1. Title. - These Rules shall be known as the (c) compares the instrument or document with the copy;
2004 Rules on Notarial Practice. and
(d) determines that the copy is accurate and complete.
SEC. 2. Purposes. - These Rules shall be applied and
construed to advance the following purposes: SEC. 5. Notarial Register. - “Notarial Register” refers to
a permanently bound book with numbered pages
(a) to promote, serve, and protect public interest; containing a chronological record of notarial acts
(b) to simplify, clarify, and modernize the rules performed by a notary public.
governing notaries public; and
(c) to foster ethical conduct among notaries public. SEC. 6. Jurat. - “Jurat” refers to an act in which an
individual on a single occasion:
SEC. 3. Interpretation. - Unless the context of these
Rules otherwise indicates, words in the singular include (a) appears in person before the notary public and
the plural, and words in the plural include the singular. presents an instrument or document;
(b) is personally known to the notary public or identified
RULE II by the notary public through competent evidence of
DEFINITIONS identity as defined by these Rules;
(c) signs the instrument or document in the presence of
SECTION 1. Acknowledgment. - “Acknowledgment”
the notary; and
refers to an act in which an individual on a single
(d) takes an oath or affirmation before the notary public
occasion:
as to such instrument or document.
(a) appears in person before the notary public and
SEC. 7. Notarial Act and Notarization. - “Notarial Act”
presents an integrally complete instrument or
and “Notarization” refer to any act that a notary public is
document;
empowered to perform under these Rules.

(b) is attested to be personally known to the notary SEC. 8. Notarial Certificate. - “Notarial Certificate” refers
public or identified by the notary public through to the part of, or attachment to, a notarized instrument
competent evidence of identity as defined by these or document that is completed by the notary public,
Rules; and - bears the notary's signature and seal, and states the
facts attested to by the notary public in a particular
(c) represents to the notary public that the signature on notarization as provided for by these Rules.
the instrument or document was voluntarily affixed by
SEC. 9. Notary Public and Notary. - “Notary Public” and to a seller of a notarial seal and shall include a
“Notary” refer to any person commissioned to perform wholesaler or retailer.
official acts under these Rules.
SEC. 20. Manufacturer. - “Manufacturer” under these
SEC. 10. Principal. - “Principal” refers to a person Rules refers to one who produces a notarial seal and
appearing before the notary public whose act is the shall include an engraver and seal maker.
subject of notarization.
RULE III
SEC. 11. Regular Place of Work or Business. - The term COMMISSIONING OF NOTARY PUBLIC
“regular place of work or business” refers to a stationary
office in the city or province wherein the notary public SECTION 1. Qualifications. - A notarial commission may
renders legal and notarial services. be issued by an Executive Judge to any qualified person
who submits a petition in accordance with these Rules.
SEC. 12. Competent Evidence of Identity. - The phrase
“competent evidence of identity” refers to the To be eligible for commissioning as notary public, the
identification of an individual based on: petitioner:

(a) at least one current identification document issued (1) must be a citizen of the Philippines;
by an official agency bearing the photograph and (2) must be over twenty-one (21) years of age;
signature of the individual; or (3) must be a resident in the Philippines for at least one
(b) the oath or affirmation of one credible witness not (1) year and maintains a regular place of work or
privy to the instrument, document or transaction who is business in the city or province where the commission is
personally known to the notary public and who to be issued;
personally knows the individual, or of two credible (4) must be a member of the Philippine Bar in good
witnesses neither of whom is privy to the instrument, standing with clearances from the Office of the Bar
document or transaction who each personally knows the Confidant of the Supreme Court and the Integrated Bar
individual and shows to the notary public documentary of the Philippines; and
identification. (5) must not have been convicted in the first instance of
any crime involving moral turpitude.
SEC. 13. Official Seal or Seal. - “Official seal” or “Seal”
refers to a device for affixing a mark, image or SEC. 2. Form of the Petition and Supporting
impression on all papers officially signed by the notary Documents. - Every petition for a notarial commission
public conforming the requisites prescribed by these shall be in writing, verified, and shall include the
Rules. following:

SEC. 14. Signature Witnessing. - The term “signature (a) a statement containing the petitioner's personal
witnessing” refers to a notarial act in which an individual qualifications, including the petitioner's date of birth,
on a single occasion: residence, telephone number, professional tax receipt,
roll of attorney's number and IBP membership number;
(a) appears in person before the notary public and
presents an instrument or document; (b) certification of good moral character of the petitioner
(b) is personally known to the notary public or identified by at least two (2) executive officers of the local chapter
by the notary public through competent evidence of of the Integrated Bar of the Philippines where he is
identity as defined by these Rules; and applying for commission;
(c) signs the instrument or document in the presence of
the notary public. (c) proof of payment for the filing of the petition as
required by these Rules; and
SEC. 15. Court. - “Court” refers to the Supreme Court of
the Philippines. (d) three (3) passport-size color photographs with light
background taken within thirty (30) days of the
SEC. 16. Petitioner. - “Petitioner” refers to a person who application. The photograph should not be retouched.
applies for a notarial commission. The petitioner shall sign his name at the bottom part of
the photographs.
SEC. 17. Office of the Court Administrator. - “Office of
the Court Administrator” refers to the Office of the Court SEC. 3. Application Fee. - Every petitioner for a notarial
Administrator of the Supreme Court. commission shall pay the application fee as prescribed
in the Rules of Court.
SEC. 18. Executive Judge. - “Executive Judge” refers to
the Executive Judge of the Regional Trial Court of a city SEC. 4. Summary Hearing on the Petition. - The
or province who issues a notarial commission. Executive Judge shall conduct a summary hearing on
the petition and shall grant the same if:
SEC. 19. Vendor. - “Vendor” under these Rules refers
(a) the petition is sufficient in form and substance; Executive Judge
(b) the petitioner proves the allegations contained in the
petition; and SEC. 8. Period Of Validity of Certificate of Authorization
(c) the petitioner establishes to the satisfaction of the to Purchase a Notarial Seal. - The Certificate of
Executive Judge that he has read and fully understood Authorization to Purchase a Notarial Seal shall be valid
these Rules. for a period of three (3) months from date of issue,
unless extended by the Executive Judge.
The Executive Judge shall forthwith issue a commission
and a Certificate of Authorization to Purchase a Notarial A mark, image or impression of the seal that may be
Seal in favor of the petitioner. purchased by the notary public pursuant to the
Certificate shall be presented to the Executive Judge for
SEC. 5. Notice of Summary Hearing. - approval prior to use.

(a) The notice of summary hearing shall be published in SEC. 9. Form of Certificate of Authorization to
a newspaper of general circulation in the city or province Purchase a Notarial Seal. - The Certificate of
where the hearing shall be conducted and posted in a Authorization to Purchase a Notarial Seal shall
conspicuous place in the offices of the Executive Judge substantially be in the following form:
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. REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF_____________
(b) The notice shall be substantially in the following
form: CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL
NOTICE OF HEARING
This is to authorize (name of notary public) of (city
Notice is hereby given that a summary hearing on or province) who was commissioned by the
the petition for notarial commission of (name of undersigned as a notary public, within and for the
petitioner) shall be held on (date) at (place) at (time). said jurisdiction, for a term ending, the thirty-first of
Any person who has any cause or reason to object December (year) to purchase a notarial
to the grant of the petition may file a verified written seal.chanrobles virtual law library
opposition thereto, received by the undersigned
before the date of the summary hearing.chanrobles Issued this (day) of (month) (year).
virtual law library
________________________
_____________________ Executive Judge
Executive Judge

SEC. 6. Opposition to Petition. - Any person who has SEC. 10. Official Seal of Notary Public. - Every person
any cause or reason to object to the grant of the petition commissioned as notary public shall have only one
may file a verified written opposition thereto. The official seal of office in accordance with these Rules.
opposition must be received by the Executive Judge
SEC. 11. Jurisdiction and Term. - A person
before the date of the summary hearing.
commissioned as notary public may perform notarial
SEC. 7. Form of Notarial Commission. - The acts in any place within the territorial jurisdiction of the
commissioning of a notary public shall be in a formal commissioning court for a period of two (2) years
order signed by the Executive Judge substantially in the commencing the first day of January of the year in which
following form: the commissioning is made, unless earlier revoked or
the notary public has resigned under these Rules and
REPUBLIC OF THE PHILIPPINES the Rules of Court.
REGIONAL TRIAL COURT OF ______________
SEC. 12. Register of Notaries Public. - The Executive
This is to certify that (name of notary public) of Judge shall keep and maintain a Register of Notaries
(regular place of work or business) in (city or Public in his jurisdiction which shall contain, among
province) was on this (date) day of (month) two others, the dates of issuance or revocation or
thousand and (year) commissioned by the suspension of notarial commissions, and the resignation
undersigned as a notary public, within and for the or death of notaries public. The Executive Judge shall
said jurisdiction, for a term ending the thirty-first furnish the Office of the Court Administrator information
day of December (year) 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. sign or make a mark to sign on his behalf;
(2) the signature of the notary public is affixed in the
SEC. 13. Renewal of Commission. - A notary public presence of two disinterested and unaffected witnesses
may file a written application with the Executive Judge to the instrument or document;
for the renewal of his commission within forty-five (45) (3) both witnesses sign their own names ;
days before the expiration thereof. A mark, image or (4) the notary public writes below his signature:
impression of the seal of the notary public shall be “Signature affixed by notary in presence of (names and
attached to the application. addresses of person and two [2] witnesses)”; and
(5) the notary public notarizes his signature by
Failure to file said application will result in the deletion of acknowledgment or jurat.
the name of the notary public in the register of notaries
public. SEC. 2. Prohibitions. - (a) A notary public shall not
perform a notarial act outside his regular place of work
The notary public thus removed from the Register of or business; provided, however, that on certain
Notaries Public may only be reinstated therein after he exceptional occasions or situations, a notarial act may
is issued a new commission in accordance with these be performed at the request of the parties in the
Rules. following sites located within his territorial jurisdiction:

SEC. 14. Action on Application for Renewal of (1) public offices, convention halls, and similar places
Commission. - The Executive Judge shall, upon where oaths of office may be administered;
payment of the application fee mentioned in Section 3 (2) public function areas in hotels and similar places for
above of this Rule, act on an application for the renewal the signing of instruments or documents requiring
of a commission within thirty (30) days from receipt notarization;
thereof. If the application is denied, the Executive Judge (3) hospitals and other medical institutions where a
shall state the reasons therefor. party to an instrument or document is confined for
treatment; and
RULE IV
(4) any place where a party to an instrument or
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
document requiring notarization is under detention.
SECTION 1. Powers. - (a) A notary public is empowered
(b) A person shall not perform a notarial act if the
to perform the following notarial acts:
person involved as signatory to the instrument or
(1) acknowledgments; document -
(2) oaths and affirmations;
(1) is not in the notary's presence personally at the time
(3) jurats;
of the notarization; and
(4) signature witnessings;
(2) is not personally known to the notary public or
(5) copy certifications; and
otherwise identified by the notary public through
(6) any other act authorized by these Rules.
competent evidence of identity as defined by these
(b) A notary public is authorized to certify the affixing of Rules.
a signature by thumb or other mark on an instrument or
SEC. 3. Disqualifications. - A notary public is
document presented for notarization if:
disqualified from performing a notarial act if he:
(1) the thumb or other mark is affixed in the presence of
(a) is a party to the instrument or document that is to be
the notary public and of two (2) disinterested and
notarized;
unaffected witnesses to the instrument or document;
(b) will receive, as a direct or indirect result, any
(2) both witnesses sign their own names in addition to
commission, fee, advantage, right, title, interest, cash,
the thumb or other mark;
property, or other consideration, except as provided by
(3) the notary public writes below the thumb or other
these Rules and by law; or
mark: "Thumb or Other Mark affixed by (name of
(c) is a spouse, common-law partner, ancestor,
signatory by mark) in the presence of (names and
descendant, or relative by affinity or consanguinity of the
addresses of witnesses) and undersigned notary
principal within the fourth civil degree.
public"; and
(4) the notary public notarizes the signature by thumb SEC. 4. Refusal to Notarize. - A notary public shall not
or other mark through an acknowledgment, jurat, or perform any notarial act described in these Rules for
signature witnessing. any person requesting such an act even if he tenders
the appropriate fee specified by these Rules if:
(c) A notary public is authorized to sign on behalf of a
person who is physically unable to sign or make a mark (a) the notary knows or has good reason to believe that
on an instrument or document if: the notarial act or transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders
(1) the notary public is directed by the person unable to
in the mind of the notary public reasonable doubt as to RULE VI
the former's knowledge of the consequences of the NOTARIAL REGISTER
transaction requiring a notarial act; and
(c) in the notary's judgment, the signatory is not acting SECTION 1. Form of Notarial Register. - (a) A notary
of his or her own free will. public shall keep, maintain, protect and provide for
lawful inspection as provided in these Rules, a
SEC. 5. False or Incomplete Certificate. - A notary chronological official notarial register of notarial acts
public shall not: consisting of a permanently bound book with numbered
pages.
(a) execute a certificate containing information known
or believed by the notary to be false. The register shall be kept in books to be furnished by
(b) affix an official signature or seal on a notarial the Solicitor General to any notary public upon request
certificate that is incomplete. and upon payment of the cost thereof. The register shall
be duly paged, and on the first page, the Solicitor
SEC. 6. Improper Instruments or Documents. - A notary General shall certify the number of pages of which the
public shall not notarize: book consists.

(a) a blank or incomplete instrument or document; or For purposes of this provision, a Memorandum of
(b) an instrument or document without appropriate Agreement or Understanding may be entered into by the
notarial certification. Office of the Solicitor General and the Office of the
Court Administrator.
RULE V
FEES OF NOTARY PUBLIC (b) A notary public shall keep only one active notarial
register at any given time.
SECTION 1. Imposition and Waiver of Fees. - For
performing a notarial act, a notary public may charge SEC. 2. Entries in the Notarial Register. - (a) For every
the maximum fee as prescribed by the Supreme Court notarial act, the notary shall record in the notarial
unless he waives the fee in whole or in part. register at the time of notarization the following:

SEC. 2. Travel Fees and Expenses. - A notary public (1) the entry number and page number;
may charge travel fees and expenses separate and (2) the date and time of day of the notarial act;
apart from the notarial fees prescribed in the preceding (3) the type of notarial act;
section when traveling to perform a notarial act if the (4) the title or description of the instrument, document or
notary public and the person requesting the notarial act proceeding;
agree prior to the travel. (5) the name and address of each principal;
(6) the competent evidence of identity as defined by
SEC. 3. Prohibited Fees. – No fee or compensation of these Rules if the signatory is not
any kind, except those expressly prescribed and personally known to the notary;
allowed herein, shall be collected or received for any (7) the name and address of each credible witness
notarial service. swearing to or affirming the person's identity;
(8) the fee charged for the notarial act;
SEC. 4. Payment or Refund of Fees. - A notary public (9) the address where the notarization was performed if
shall not require payment of any fees specified herein not in the notary's regular place of work or business;
prior to the performance of a notarial act unless and
otherwise agreed upon. (10) any other circumstance the notary public may
deem of significance or relevance.
Any travel fees and expenses paid to a notary public
prior to the performance of a notarial act are not subject (b) A notary public shall record in the notarial register
to refund if the notary public had already traveled but the reasons and circumstances for not completing a
failed to complete in whole or in part the notarial act for notarial act.
reasons beyond his control and without negligence on
his part. (c) A notary public shall record in the notarial register
the circumstances of any request to inspect or copy an
SEC. 5. Notice of Fees. - A notary public who charges a entry in the notarial register, including the requester's
fee for notarial services shall issue a receipt registered name, address, signature, thumbmark or other
with the Bureau of Internal Revenue and keep a journal recognized identifier, and evidence of identity. The
of notarial fees. He shall enter in the journal all fees reasons for refusal to allow inspection or copying of a
charged for services rendered. journal entry shall also be recorded.

A notary public shall post in a conspicuous place in his (d) When the instrument or document is a contract, the
office a complete schedule of chargeable notarial fees. notary public shall keep an original copy thereof as part
of his records and enter in said records a brief instrument or document, and name of the principal in
description of the substance thereof and shall give to the notarial act or acts sought; and
each entry a consecutive number, beginning with (4) the person is shown only the entry or entries
number one in each calendar year. He shall also retain specified by him.
a duplicate original copy for the Clerk of Court.
(b) The notarial register may be examined by a law
(e) The notary public shall give to each instrument or enforcement officer in the course of an official
document executed, sworn to, or acknowledged before investigation or by virtue of a court order.
him a number corresponding to the one in his register,
and shall also state on the instrument or document the (c) If the notary public has a reasonable ground to
page/s of his register on which the same is recorded. No believe that a person has a criminal intent or wrongful
blank line shall be left between entries. motive in requesting information from the notarial
register, the notary shall deny access to any entry or
(f) In case of a protest of any draft, bill of exchange or entries therein.
promissory note, the notary public shall make a full and
true record of all proceedings in relation thereto and SEC. 5. Loss, Destruction or Damage of Notarial
shall note therein whether the demand for the sum of Register. - (a) In case the notarial register is stolen, lost,
money was made, by whom, when, and where; whether destroyed, damaged, or otherwise rendered unusable or
he presented such draft, bill or note; whether notices illegible as a record of notarial acts, the notary public
were given, to whom and in what manner; where the shall, within ten (10) days after informing the appropriate
same was made, when and to whom and where law enforcement agency in the case of theft or
directed; and of every other fact touching the same. vandalism, notify the Executive Judge by any means
providing a proper receipt or acknowledgment, including
(g) At the end of each week, the notary public shall registered mail and also provide a copy or number of
certify in his notarial register the number of instruments any pertinent police report.
or documents executed, sworn to, acknowledged, or
protested before him; or if none, this certificate shall (b) Upon revocation or expiration of a notarial
show this fact. commission, or death of the notary public, the notarial
register and notarial records shall immediately be
(h) A certified copy of each month's entries and a delivered to the office of the Executive Judge.
duplicate original copy of any instrument acknowledged
before the notary public shall, within the first ten (10) SEC. 6. Issuance of Certified True Copies. - The notary
days of the month following, be forwarded to the Clerk public shall supply a certified true copy of the notarial
of Court and shall be under the responsibility of such record, or any part thereof, to any person applying for
officer. If there is no entry to certify for the month, the such copy upon payment of the legal fees.
notary shall forward a statement to this effect in lieu of
certified copies herein required. RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SEC. 3. Signatures and Thumbmarks. - At the time of
notarization, the notary's notarial register shall be signed SECTION 1. Official Signature. – In notarizing a paper
or a thumb or other mark affixed by each: instrument or document, a notary public shall:

(a) principal; (a) sign by hand on the notarial certificate only the name
(b) credible witness swearing or affirming to the identity indicated and as appearing on the notary's
of a principal; and commission;
(c) witness to a signature by thumb or other mark, or to (b) not sign using a facsimile stamp or printing device;
a signing by the notary public on behalf of a person and
physically unable to sign. (c) affix his official signature only at the time the notarial
act is performed.
SEC. 4. Inspection, Copying and Disposal. - (a) In the
notary's presence, any person may inspect an entry in SEC. 2. Official Seal. - (a) Every person commissioned
the notarial register, during regular business hours, as notary public shall have a seal of office, to be
provided; procured at his own expense, which shall not be
possessed or owned by any other person. It shall be of
(1) the person's identity is personally known to the metal, circular in shape, two inches in diameter, and
notary public or proven through competent evidence of shall have the name of the city or province and the word
identity as defined in these Rules; “Philippines” and his own name on the margin and the
(2) the person affixes a signature and thumb or other roll of attorney's number on the face thereof, with the
mark or other recognized identifier, in the notarial words "notary public" across the center. A mark, image
register in a separate, dated entry; or impression of such seal shall be made directly on the
(3) the person specifies the month, year, type of paper or parchment on which the writing appears.
(b) The official seal shall be affixed only at the time the manufacturer's authorization fee.
notarial act is performed and shall be clearly impressed
by the notary public on every page of the instrument or (c) The authorization shall be in effect for a period of
document notarized. four (4) years from the date of its issuance and may be
renewed by the Executive Judge for a similar period
(c) When not in use, the official seal shall be kept safe upon payment of the authorization fee mentioned in the
and secure and shall be accessible only to the notary preceding paragraph.
public or the person duly authorized by him.
(d) A vendor or manufacturer shall not sell a seal to a
(d) Within five (5) days after the official seal of a notary buyer except upon submission of a certified copy of the
public is stolen, lost, damaged or other otherwise commission and the Certificate of Authorization to
rendered unserviceable in affixing a legible image, the Purchase a Notarial Seal issued by the Executive
notary public, after informing the appropriate law Judge. A notary public obtaining a new seal as a result
enforcement agency, shall notify the Executive Judge in of change of name shall present to the vendor or
writing, providing proper receipt or acknowledgment, manufacturer a certified copy of the Confirmation of the
including registered mail, and in the event of a crime Change of Name issued by the Executive Judge.
committed, provide a copy or entry number of the
appropriate police record. Upon receipt of such notice, if (e) Only one seal may be sold by a vendor or
found in order by the Executive Judge, the latter shall manufacturer for each Certificate of Authorization to
order the notary public to cause notice of such loss or Purchase a Notarial Seal.
damage to be published, once a week for three (3)
consecutive weeks, in a newspaper of general (f) After the sale, the vendor or manufacturer shall affix
circulation in the city or province where the notary public a mark, image or impression of the seal to the
is commissioned. Thereafter, the Executive Judge shall Certificate of Authorization to Purchase a Notarial Seal
issue to the notary public a new Certificate of and submit the completed Certificate to the Executive
Authorization to Purchase a Notarial Seal. Judge. Copies of the Certificate of Authorization to
Purchase a Notarial Seal and the buyer's commission
(e) Within five (5) days after the death or resignation of shall be kept in the files of the vendor or manufacturer
the notary public, or the revocation or expiration of a for four (4) years after the sale.
notarial commission, the official seal shall be
surrendered to the Executive Judge and shall be (g) A notary public obtaining a new seal as a result of
destroyed or defaced in public during office hours. In the change of name shall present to the vendor a certified
event that the missing, lost or damaged seal is later copy of the order confirming the change of name issued
found or surrendered, it shall be delivered by the notary by the Executive Judge.
public to the Executive Judge to be disposed of in
RULE VIII
accordance with this section. Failure to effect such
NOTARIAL CERTIFICATES
surrender shall constitute contempt of court. In the event
of death of the notary public, the person in possession SECTION 1. Form of Notarial Certificate. - The notarial
of the official seal shall have the duty to surrender it to form used for any notarial instrument or document shall
the Executive Judge. conform to all the requisites prescribed herein, the
Rules of Court and all other provisions of issuances by
SEC. 3. Seal Image. - The notary public shall affix a
the Supreme Court and in applicable laws.
single, clear, legible, permanent, and photographically
reproducible mark, image or impression of the official SEC. 2. Contents of the Concluding Part of the Notarial
seal beside his signature on the notarial certificate of a Certificate. – The notarial certificate shall include the
paper instrument or document. following:
SEC. 4. Obtaining and Providing Seal. - (a) A vendor or (a) the name of the notary public as exactly indicated in
manufacturer of notarial seals may not sell said product the commission;
without a written authorization from the Executive (b) the serial number of the commission of the notary
Judge. public;
(c) the words "Notary Public" and the province or city
(b) Upon written application and after payment of the
where the notary public is commissioned, the expiration
application fee, the Executive Judge may issue an
date of the commission, the office address of the notary
authorization to sell to a vendor or manufacturer of
public; and
notarial seals after verification and investigation of the
(d) the roll of attorney's number, the professional tax
latter's qualifications. The Executive Judge shall charge
receipt number and the place and date of issuance
an authorization fee in the amount of PhP 4,000 for the
thereof, and the IBP membership number.
vendor and PhP 8,000 for the manufacturer. If a
manufacturer is also a vendor, he shall only pay the RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES
PUBLIC the event of his incapacity to personally appear, the
submission of the notice may be performed by his duly
SECTION 1. Certificate of Authority for a Notarial Act. - authorized representative.
A certificate of authority evidencing the authenticity of
the official seal and signature of a notary public shall be SEC. 3. Publication of Resignation. - The Executive
issued by the Executive Judge upon request in Judge shall immediately order the Clerk of Court to post
substantially the following form: in a conspicuous place in the offices of the Executive
Judge and of the Clerk of Court the names of notaries
CERTIFICATE OF AUTHORITY FOR A NOTARIAL public who have resigned their notarial commissions
ACT and the effective dates of their resignation.

I, (name, title, jurisdiction of the Executive Judge), RULE XI


certify that (name of notary public), the person REVOCATION OF COMMISSION AND DISCIPLINARY
named in the seal and signature on the attached SANCTIONS
document, is a Notary Public in and for the
(City/Municipality/Province) of the Republic of the SECTION 1. Revocation and Administrative Sanctions. -
Philippines and authorized to act as such at the time (a) The Executive Judge shall revoke a notarial
of the document's notarization.chanrobles virtual commission for any ground on which an application for a
law library commission may be denied.

IN WITNESS WHEREOF, I have affixed below my (b) In addition, the Executive Judge may revoke the
signature and seal of this office this (date) day of commission of, or impose appropriate administrative
(month) (year).chanrobles virtual law library sanctions upon, any notary public who:
_________________
(official signature) (1) fails to keep a notarial register;
(seal of Executive Judge) (2) fails to make the proper entry or entries in his
notarial register concerning his notarial acts;
RULE X (3) fails to send the copy of the entries to the Executive
CHANGES OF STATUS OF NOTARY PUBLIC Judge within the first ten (10) days of the month
following;
SECTION 1. Change of Name and Address. - (4) fails to affix to acknowledgments the date of
expiration of his commission;
Within ten (10) days after the change of name of the (5) fails to submit his notarial register, when filled, to the
notary public by court order or by marriage, or after Executive Judge;
ceasing to maintain the regular place of work or (6) fails to make his report, within a reasonable time, to
business, the notary public shall submit a signed and the Executive Judge concerning the performance of his
dated notice of such fact to the Executive Judge. duties, as may be required by the judge;
(7) fails to require the presence of a principal at the time
The notary public shall not notarize until: of the notarial act;
(8) fails to identify a principal on the basis of personal
(a) he receives from the Executive Judge a confirmation
knowledge or competent evidence;
of the new name of the notary public and/or change of
(9) executes a false or incomplete certificate under
regular place of work or business; and
Section 5, Rule IV;
(10) knowingly performs or fails to perform any other
(b) a new seal bearing the new name has been
act prohibited or mandated by these Rules; and
obtained.
(11) commits any other dereliction or act which in the
The foregoing notwithstanding, until the aforementioned judgment of the Executive Judge constitutes good
steps have been completed, the notary public may cause for revocation of commission or imposition of
continue to use the former name or regular place of administrative sanction.
work or business in performing notarial acts for three (3)
(c) Upon verified complaint by an interested, affected or
months from the date of the change, which may be
aggrieved person, the notary public shall be required to
extended once for valid and just cause by the Executive
file a verified answer to the complaint. If the answer of
Judge for another period not exceeding three (3)
the notary public is not satisfactory, the Executive Judge
months.
shall conduct a summary hearing. If the allegations of
SEC. 2. Resignation. - A notary public may resign his the complaint are not proven, the complaint shall be
commission by personally submitting a written, dated dismissed. If the charges are duly established, the
and signed formal notice to the Executive Judge Executive Judge shall impose the appropriate
together with his notarial seal, notarial register and administrative sanctions. In either case, the aggrieved
records. Effective from the date indicated in the notice, party may appeal the decision to the Supreme Court for
he shall immediately cease to perform notarial acts. In review. Pending the appeal, an order imposing
disciplinary sanctions shall be immediately executory, Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing,
unless otherwise ordered by the Supreme Court. Ynarez-Santiago, Sandoval-Gutierrez, Carpio, Austria-
Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna
(d) The Executive Judge may motu proprio initiate and Tinga, JJ.
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


Republic of the Philippines (1) The Metropolitan Trial Courts, the Municipal Trial
SUPREME COURT Courts in Cities, the Municipal Trial Courts, the
Manila Municipal Circuit Trial Courts, and the Shari' a
Circuit Courts but shall not apply to small claims
A.M. No. 12-8-8-SC cases under A.M. 08-8-7-SC;
JUDICIAL AFFIDAVIT RULE
(2) The Regional Trial Courts and the Shari'a District
Whereas, case congestion and delays plague most Courts;
courts in cities, given the huge volume of cases filed
each year and the slow and cumbersome adversarial (3) The Sandiganbayan, the Court of Tax Appeals, the
syste1n that the judiciary has in place; Court of Appeals, and the Shari'a Appellate Courts;

Whereas, about 40% of criminal cases are dismissed (4) The investigating officers and bodies authorized by
annually owing to the fact that complainants simply the Supreme Court to receive evidence, including the
give up con1ing to court after repeated Integrated Bar of the Philippine (IBP); and
postponements;
(5) The special courts and quasi-judicial bodies, whose
Whereas, few foreign businessmen make long-term rules of procedure are subject to disapproval of the
investments in the Philippines because its courts are Supreme Court, insofar as their existing rules of
unable to provide ample and speedy protection to procedure contravene the provisions of this Rule. 1
their investments, keeping its people poor;
(b) For the purpose of brevity, the above courts, quasi-
Whereas, in order to reduce the time needed for judicial bodies, or investigating officers shall be
completing the testimonies of witnesses in cases uniformly referred to here as the "court."
under litigation, on February 21, 2012 the Supreme
Court approved for piloting by trial courts in Quezon Section 2. Submission of Judicial Affidavits and
City the compulsory use of judicial affidavits in place Exhibits in lieu of direct testimonies. - (a) The parties
of the direct testimonies of witnesses; shall file with the court and serve on the adverse
party, personally or by licensed courier service, not
Whereas, it is reported that such piloting has quickly later than five days before pre-trial or preliminary
resulted in reducing by about two-thirds the time conference or the scheduled hearing with respect to
used for presenting the testimonies of witnesses, thus motions and incidents, the following:
speeding up the hearing and adjudication of cases;
(1) The judicial affidavits of their witnesses, which
Whereas, the Supreme Court Committee on the shall take the place of such witnesses' direct
Revision of the Rules of Court, headed by Senior testimonies; and
Associate Justice Antonio T. Carpio, and the Sub-
Committee on the Revision of the Rules on Civil (2) The parties' docun1entary or object evidence, if
Procedure, headed by Associate Justice Roberto A. any, which shall be attached to the judicial affidavits
Abad, have recommended for adoption a Judicial and marked as Exhibits A, B, C, and so on in the case
Affidavit Rule that will replicate nationwide the of the complainant or the plaintiff, and as Exhibits 1,
success of the Quezon City experience in the use of 2, 3, and so on in the case of the respondent or the
judicial affidavits; and defendant.

Whereas, the Supreme Court En Banc finds merit in (b) Should a party or a witness desire to keep the
the recommendation; original document or object evidence in his possession,
he may, after the same has been identified, marked as
NOW, THEREFORE, the Supreme Court En Banc exhibit, and authenticated, warrant in his judicial
hereby issues and promulgates the following: affidavit that the copy or reproduction attached to
such affidavit is a faithful copy or reproduction of that
Section 1. Scope. - (a) This Rule shall apply to all original. In addition, the party or witness shall bring
actions, proceedings, and incidents requiring the the original document or object evidence for
reception of evidence before: comparison during the preliminary conference with
the attached copy, reproduction, or pictures, failing (2) Neither he nor any other person then present or
which the latter shall not be admitted. assisting him coached the witness regarding the
latter's answers.
This is without prejudice to the introduction of
secondary evidence in place of the original when (b) A false attestation shall subject the lawyer
allowed by existing rules. mentioned to disciplinary action, including
disbarment.
Section 3. Contents of judicial Affidavit. - A judicial
affidavit shall be prepared in the language known to Section 5. Subpoena. - If the government employee or
the witness and, if not in English or Filipino, official, or the requested witness, who is neither the
accompanied by a translation in English or Filipino, witness of the adverse party nor a hostile witness,
and shall contain the following: unjustifiably declines to execute a judicial affidavit or
refuses without just cause to make the relevant books,
(a) The name, age, residence or business address, and documents, or other things under his control available
occupation of the witness; for copying, authentication, and eventual production
in court, the requesting party may avail himself of the
(b) The name and address of the lawyer who conducts
issuance of a subpoena ad testificandum or duces
or supervises the examination of the witness and the
tecum under Rule 21 of the Rules of Court. The rules
place where the examination is being held;
governing the issuance of a subpoena to the witness in
(c) A statement that the witness is answering the this case shall be the same as when taking his
questions asked of him, fully conscious that he does so deposition except that the taking of a judicial affidavit
under oath, and that he may face criminal liability for shal1 be understood to be ex parte.
false testimony or perjury;
Section 6. Offer of and objections to testimony in
(d) Questions asked of the witness and his judicial affidavit. - The party presenting the judicial
corresponding answers, consecutively numbered, that: affidavit of his witness in place of direct testimony
shall state the purpose of such testimony at the start
(1) Show the circumstances under which the witness of the presentation of the witness. The adverse party
acquired the facts upon which he testifies; may move to disqualify the witness or to strike out his
affidavit or any of the answers found in it on ground
(2) Elicit from him those facts which are relevant to
of inadmissibility. The court shall promptly rule on
the issues that the case presents; and
the motion and, if granted, shall cause the marking of
(3) Identify the attached documentary and object any excluded answer by placing it in brackets under
evidence and establish their authenticity in the initials of an authorized court personnel, without
accordance with the Rules of Court; prejudice to a tender of excluded evidence under
Section 40 of Rule 132 of the Rules of Court.
(e) The signature of the witness over his printed
name; and Section 7. Examination of the witness on his judicial
affidavit. - The adverse party shall have the right to
(f) A jurat with the signature of the notary public who cross-examine the witness on his judicial affidavit and
administers the oath or an officer who is authorized on the exhibits attached to the same. The party who
by law to administer the same. presents the witness may also examine him as on re-
direct. In every case, the court shall take active part
Section 4. Sworn attestation of the lawyer. - (a) The in examining the witness to determine his credibility
judicial affidavit shall contain a sworn attestation at as well as the truth of his testimony and to elicit the
the end, executed by the lawyer who conducted or answers that it needs for resolving the issues.
supervised the examination of the witness, to the
effect that: Section 8. Oral offer of and objections to exhibits. - (a)
Upon the termination of the testimony of his last
(1) He faithfully recorded or caused to be recorded the witness, a party shall immediately make an oral offer
questions he asked and the corresponding answers of evidence of his documentary or object exhibits,
that the witness gave; and piece by piece, in their chronological order, stating the
purpose or purposes for which he offers the particular would not unduly prejudice the opposing party, and
exhibit. the defaulting party pays a fine of not less
than P 1,000.00 nor more than P 5,000.00 at the
(b) After each piece of exhibit is offered, the adverse discretion of the court.
party shall state the legal ground for his objection, if
any, to its admission, and the court shall immediately (b) The court shall not consider the affidavit of any
make its ruling respecting that exhibit. witness who fails to appear at the scheduled hearing
of the case as required. Counsel who fails to appear
(c) Since the documentary or object exhibits form part without valid cause despite notice shall be deemed to
of the judicial affidavits that describe and have waived his client's right to confront by cross-
authenticate them, it is sufficient that such exhibits examination the witnesses there present.
are simply cited by their markings during the offers,
the objections, and the rulings, dispensing with the (c) The court shall not admit as evidence judicial
description of each exhibit. affidavits that do not conform to the content
requirements of Section 3 and the attestation
Section 9. Application of rule to criminal actions. - (a) requirement of Section 4 above. The court may,
This rule shall apply to all criminal actions: however, allow only once the subsequent submission
of the compliant replacement affidavits before the
(1) Where the maximum of the imposable penalty does
hearing or trial provided the delay is for a valid
not exceed six years;
reason and would not unduly prejudice the opposing
(2) Where the accused agrees to the use of judicial party and provided further, that public or private
affidavits, irrespective of the penalty involved; or counsel responsible for their preparation and
submission pays a fine of not less than P 1,000.00 nor
(3) With respect to the civil aspect of the actions, more than P 5,000.00, at the discretion of the court.
whatever the penalties involved are.
Section 11. Repeal or modification of inconsistent
(b) The prosecution shall submit the judicial affidavits rules. - The provisions of the Rules of Court and the
of its witnesses not later than five days before the pre- rules of procedure governing investigating officers and
trial, serving copies if the same upon the accused. The bodies authorized by the Supreme Court to receive
complainant or public prosecutor shall attach to the evidence are repealed or modified insofar as these are
affidavits such documentary or object evidence as he inconsistent with the provisions of this Rule.1âwphi1
may have, marking them as Exhibits A, B, C, and so
on. No further judicial affidavit, documentary, or The rules of procedure governing quasi-judicial bodies
object evidence shall be admitted at the trial. inconsistent herewith are hereby disapproved.

(c) If the accused desires to be heard on his defense Section 12. Effectivity. - This rule shall take effect on
after receipt of the judicial affidavits of the January 1, 2013 following its publication in two
prosecution, he shall have the option to submit his newspapers of general circulation not later than
judicial affidavit as well as those of his witnesses to September 15, 2012. It shall also apply to existing
the court within ten days from receipt of such cases.
affidavits and serve a copy of each on the public and
Manila, September 4, 2012.
private prosecutor, including his documentary and
object evidence previously marked as Exhibits 1, 2, 3,
and so on. These affidavits shall serve as direct
testimonies of the accused and his witnesses when
they appear before the court to testify.

Section 10. Effect of non-compliance with the judicial


Affidavit Rule. - (a) A party who fails to submit the
required judicial affidavits and exhibits on time shall
be deemed to have waived their submission. The court
may, however, allow only once the late submission of
the same provided, the delay is for a valid reason,