A.M. No.

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

Republic of the Philippines

Supreme Court
Manila
EN BANC

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:

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

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

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

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

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

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

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

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

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

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

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. chan robles
virtual law library

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

(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 chan robles virtual law library
(c) signs the instrument or document in the presence of the notary public.

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

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

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. chan robles virtual law library

RULE III
COMMISSIONING OF NOTARY PUBLIC

SECTION 1. Qualifications. - A notarial commission may be issued by an Executive Judge to any qualified
person who submits a petition in accordance with these Rules.

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:chanroblesvirtuallawlibrary

NOTICE OF HEARING

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

_____________________
Executive Judge

SEC. 6. Opposition to Petition. - Any person who has any cause or reason to object to the grant of the petition
may file a verified written opposition thereto. The opposition must be received by the Executive Judge before the
date of the summary hearing. chan robles virtual law library

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

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. chan robles virtual law library

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

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; chan robles virtual law library
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.

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

(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: chan robles virtual law library

(a) execute a certificate containing information known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete. chan robles virtual law library

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

(a) a blank or incomplete instrument or document; or chan robles virtual law library
(b) an instrument or document without appropriate notarial certification.

RULE V
FEES OF NOTARY PUBLIC

SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act, a notary public may charge the
maximum fee as prescribed by the Supreme Court unless he waives the fee in whole or in part.

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.cralaw

(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.
 AMMENDMENT

Republic of the Philippines

SUPREME COURT
Manila

A.M. No. 02-8-13-SC February 19, 2008

RE: 2004 RULES ON NOTARIAL PRACTICE -

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

Sirs/Mesdames:

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

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

Rule II

DEFINITIONS

xxx

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

(a) at least one current identification document issued by an official agency bearing the photograph
and signature of the individual, such as but not limited to, passport, driver’s license, Professional
Regulations Commission ID, National Bureau of Investigation clearance, police clearance, postal ID,
voter’s ID, Barangay certification, Government Service and Insurance System (GSIS) e-card, Social
Security System (SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare
Administration (OWWA) ID, OFW ID, seaman’s book, alien certificate of registration/immigrant
certificate of registration, government office ID, certification from the National Council for the Welfare
of Disable Persons (NCWDP), Department of Social Welfare and Development (DSWD) certification;
or

(b) xxxx."
 Republic of the Philippines
SUPREME COURT
Manila

A.M. No. 12-8-8-SC

JUDICIAL AFFIDAVIT RULE

Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year
and the slow and cumbersome adversarial syste1n that the judiciary has in place;

Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up
con1ing to court after repeated postponements;

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

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

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

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

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

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

Section 1. Scope. –

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

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

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

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

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

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

(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating officers shall be uniformly
referred to here as the "court."
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. –

(a) The parties shall file with the court and serve on the adverse party, personally or by licensed courier service, not
later than five days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and
incidents, the following:

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

(2) The parties' docun1entary or object evidence, if any, which shall be attached to the judicial affidavits and
marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3,
and so on in the case of the respondent or the defendant.

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

This is without prejudice to the introduction of secondary evidence in place of the original when allowed by existing
rules.

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

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

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

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

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

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

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

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

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

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

Section 4. Sworn attestation of the lawyer. –

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

(1) He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers
that the witness gave; and
 (2) Neither he nor any other person then present or assisting him coached the witness regarding the latter's
answers.

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

Section 5. Subpoena. - If the government employee or official, or the requested witness, who is neither the witness
of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or refuses without just
cause to make the relevant books, documents, or other things under his control available for copying,
authentication, and eventual production in court, the requesting party may avail himself of the issuance of a
subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court. The rules governing the issuance
of a subpoena to the witness in this case shall be the same as when taking his deposition except that the taking of a
judicial affidavit shal1 be understood to be ex parte.

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

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

Section 8. Oral offer of and objections to exhibits. –

(a) Upon the termination of the testimony of his last witness, a party shall immediately make an oral offer of
evidence of his documentary or object exhibits, piece by piece, in their chronological order, stating the purpose or
purposes for which he offers the particular exhibit.

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

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

Section 9. Application of rule to criminal actions. –

(a) This rule shall apply to all criminal actions:

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

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

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

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

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

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, would not unduly prejudice the opposing party, and the defaulting party pays a fine of not less than P
1,000.00 nor more than P 5,000.00 at the discretion of the court.

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

(c) The court shall not admit as evidence judicial affidavits that do not conform to the content requirements of
Section 3 and the attestation requirement of Section 4 above. The court may, however, allow only once the
subsequent submission of the compliant replacement affidavits before the hearing or trial provided the delay is for a
valid reason and would not unduly prejudice the opposing party and provided further, that public or private counsel
responsible for their preparation and submission pays a fine of not less than P 1,000.00 nor more than P 5,000.00,
at the discretion of the court.

Section 11. Repeal or modification of inconsistent rules. - The provisions of the Rules of Court and the rules of
procedure governing investigating officers and bodies authorized by the Supreme Court to receive evidence are
repealed or modified insofar as these are inconsistent with the provisions of this Rule.1âwphi1

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

Section 12. Effectivity. - This rule shall take effect on January 1, 2013 following its publication in two newspapers
of general circulation not later than September 15, 2012. It shall also apply to existing cases.
 A.M. No. 11-9-4-SC
EFFECIENT USE OF PAPER RULE

Whereas, to produce 500 reams of paper, twenty trees are cut and100,000 liters of water are used, water that is
no longer reusable because it is laden with chemicals and is just released to the environment to poison our rivers
and seas;

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

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

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

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

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

Sec. 3. Format and Style. –

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

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

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

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

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

Parties to cases before the Supreme Court are further required, on voluntary basis for the first six months
following the effectivity of this Rule and compulsorily afterwards unless the period is extended, to submit,
simultaneously with their court-bound papers, soft copies of the same and their annexes (the latter in PDF format)
either by email to the Court's e-mail address or by compact disc (CD). This requirement is in preparation for the
eventual establishment of an e-filing paperless system in the judiciary.

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

c. In the Court of Tax Appeals, one original (properly marked) and two copies with annexes. On appeal to the
En Banc, one original (properly marked) and eight copies with annexes; and
d. In other courts, one original (properly marked) with the stated annexes attached to it.

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

Sec. 7. Date of Effectivity. -This rule shall take effect on January 1, 2013 after publication in two newspa.pers
of general circulation in the Philippines. Manila, November 13, 2012.