Republic of the Philippines
SUPREME COURT
Manila
A.M. No. 02-8-13-SC February 19, 2008
RE: 2004 RULES ON NOTARIAL PRACTICE
- Council for the Welfare of Disable
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, drivers
license, Professional Regulations
Commission ID, National Bureau of
Investigation clearance, police
clearance, postal ID, voters 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, seamans
book, alien certificate of
registration/immigrant certificate of
registration, government office ID,
certification from the National
Persons (NCWDP), Department of
Social Welfare and Development
(DSWD) certification; or
(b) xxxx."
Quisumbing, J., on official leave. Ynares-Santiago,
J., on leave.
(adv127a)
Very truly yours.
MA. LUISA D. VILLARAMA (sgd)
Clerk of Court
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 (a) appears in person before the notary
public;chan robles virtual law library
RULE I (b) is personally known to the notary public or
IMPLEMENTATION identified by the notary public through
competent evidence of identity as defined by
SECTION 1. Title. - These Rules shall be these Rules; andchan robles virtual law library
known as the 2004 Rules on Notarial Practice. (c) avows under penalty of law to the whole
truth of the contents of the instrument or
SEC. 2. Purposes. - These Rules shall be document.
applied and construed to advance the following SEC. 3. Commission. - Commission refers to
purposes: the grant of authority to perform notarial acts
and to the written evidence of the authority.
(a) to promote, serve, and protect public
interest;chan robles virtual law library SEC. 4. Copy Certification. - Copy
(b) to simplify, clarify, and modernize the rules Certification refers to a notarial act in which a
governing notaries public; and notary public:
(c) to foster ethical conduct among notaries
public.chan robles virtual law library (a) is presented with an instrument or
SEC. 3. Interpretation. - Unless the context of document that is neither a vital record, a public
these Rules otherwise indicates, words in the record, nor publicly recordable;
singular include the plural, and words in the (b) copies or supervises the copying of the
plural include the singular. instrument or document;
(c) compares the instrument or document with
RULE II the copy; and
DEFINITIONS (d) determines that the copy is accurate and
complete.
SECTION 1. Acknowledgment. - SEC. 5. Notarial Register. - Notarial Register
Acknowledgment refers to an act in which an refers to a permanently bound book with
individual on a single occasion: numbered pages containing a chronological
record of notarial acts performed by a notary
(a) appears in person before the notary public public.chan robles virtual law library
and presents an integrally complete instrument
or document; SEC. 6. Jurat. - Jurat refers to an act in
chan robles virtual law library which an individual on a single occasion:
(b) is attested to be personally known to the
notary public or identified by the notary public (a) appears in person before the notary public
through competent evidence of identity as and presents an instrument or document;
defined by these Rules; and - (b) is personally known to the notary public or
chan robles virtual law library
(c) represents to the notary public that the identified by the notary public through
signature on the instrument or document was competent evidence of identity as defined by
voluntarily affixed by him for the purposes these Rules;chan robles virtual law library

stated in the instrument or document, declares (c) signs the instrument or document in the
that he has executed the instrument or presence of the notary; and
document as his free and voluntary act and (d) takes an oath or affirmation before the
deed, and, if he acts in a particular notary public as to such instrument or
representative capacity, that he has the document.
authority to sign in that capacity. SEC. 7. Notarial Act and Notarization. -
SEC. 2. Affirmation or Oath. - The term Notarial Act and Notarization refer to any
Affirmation or Oath refers to an act in which act that a notary public is empowered to
an individual on a single occasion:chan robles virtual perform under these Rules.
law library
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.chan robles
virtual law library
SEC. 11. Regular Place of Work or Business. -
The term regular place of work or business
refers to a stationary office in the city or
province wherein the notary public renders
legal and notarial services.chan robles virtual law library
SEC. 12. Competent Evidence of Identity. -
The phrase competent evidence of identity
refers to the identification of an individual
based on:
(a) at least one current identification document
issued by an official agency bearing the
photograph and signature of the individual;
orchan robles virtual law library
(b) the oath or affirmation of one credible
witness not privy to the instrument, document
or transaction who is personally known to the
notary public and who personally knows the
individual, or of two credible witnesses neither
of whom is privy to the instrument, document
or transaction who each personally knows the
individual and shows to the notary public
documentary identification.
SEC. 13. Official Seal or Seal. - Official seal
or Seal refers to a device for affixing a mark,
image or impression on all papers officially
signed by the notary public conforming the
requisites prescribed by these Rules.
SEC. 14. Signature Witnessing. - The term
signature witnessing refers to a notarial act in
which an individual on a single occasion:chan
robles virtual law library
(a) appears in person before the notary public
and presents an instrument or document;
(b) is personally known to the notary public or
identified by the notary public through
competent evidence of identity as defined by
these Rules; andchan 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.chan robles
virtual law library
SEC. 20. Manufacturer. - Manufacturer
under these Rules refers to one who produces
a notarial seal and shall include an engraver
and seal maker.chan robles virtual law library
RULE III
COMMISSIONING OF NOTARY PUBLIC
SECTION 1. Qualifications. - A notarial
commission may be issued by an Executive
Judge to any qualified person who submits a
petition in accordance with these Rules.chan robles
virtual law library
To be eligible for commissioning as notary
public, the petitioner:
(1) must be a citizen of the Philippines;chan robles
virtual law library
(2) must be over twenty-one (21) years of
age;chan robles virtual law library
(3) must be a resident in the Philippines for at
least one (1) year and maintains a regular
place of work or business in the city or
province where the commission is to be
issued;chan robles virtual law library
(4) must be a member of the Philippine Bar in
good standing with clearances from the Office
of the Bar Confidant of the Supreme Court and
the Integrated Bar of the Philippines; and
(5) must not have been convicted in the first
instance of any crime involving moral turpitude.
SEC. 2. Form of the Petition and Supporting
Documents. - Every petition for a notarial
commission shall be in writing, verified, and
shall include the following:
(a) a statement containing the petitioner's
personal qualifications, including the
petitioner's date of birth, residence, telephone
number, professional tax receipt, roll of
attorney's number and IBP membership
number;
(b) certification of good moral character of the
petitioner by at least two (2) executive officers
of the local chapter of the Integrated Bar of the
Philippines where he is applying for
commission;
(c) proof of payment for the filing of the petition
as required by these Rules; and
(d) three (3) passport-size color photographs
with light background taken within thirty (30)
days of the application. The photograph should
not be retouched. The petitioner shall sign his
name at the bottom part of the photographs.
SEC. 3. Application Fee. - Every petitioner for
a notarial commission shall pay the application
fee as prescribed in the Rules of Court.chan robles
virtual law library
SEC. 4. Summary Hearing on the Petition. -
The Executive Judge shall conduct a summary
hearing on the petition and shall grant the
same if:
(a) the petition is sufficient in form and
substance;
(b) the petitioner proves the allegations
contained in the petition; and
(c) the petitioner establishes to the satisfaction
of the Executive Judge that he has read and
fully understood these Rules.
The Executive Judge shall forthwith issue a
commission and a Certificate of Authorization
to Purchase a Notarial Seal in favor of the
petitioner.chan robles virtual law library
SEC. 5. Notice of Summary Hearing. -
(a) The notice of summary hearing shall be
published in a newspaper of general circulation
in the city or province where the hearing shall
be conducted and posted in a conspicuous
place in the offices of the Executive Judge and
of the Clerk of Court. The cost of the
publication shall be borne by the petitioner.
The notice may include more than one
petitioner.
(b) The notice shall be substantially in the
following form:
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.chan robles virtual law library
_____________________
Executive Judge
SEC. 6. Opposition to Petition. - Any person
who has any cause or reason to object to the
grant of the petition may file a verified written
opposition thereto. The opposition must be
received by the Executive Judge before the
date of the summary hearing.chan robles virtual law
library
SEC. 7. Form of Notarial Commission. - The
commissioning of a notary public shall be in a
formal order signed by the Executive Judge
substantially in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF
______________
This is to certify that (name of notary
public) of (regular place of work or
business) in (city or province) was on this
(date) day of (month) two thousand and
(year) commissioned by the undersigned as
a notary public, within and for the said
jurisdiction, for a term ending the thirty-first
day of December (year)chan robles virtual law library
________________________
Executive Judge
SEC. 8. Period Of Validity of Certificate of
Authorization to Purchase a Notarial Seal. -
The Certificate of Authorization to Purchase a
Notarial Seal shall be valid for a period of three
(3) months from date of issue, unless extended
by the Executive Judge.
A mark, image or impression of the seal that
may be purchased by the notary public
pursuant to the Certificate shall be presented
to the Executive Judge for approval prior to
use.
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_____________chan robles virtual law library
CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEALchan robles
virtual law library
This is to authorize (name of notary public)
of (city or province) who was
commissioned by the undersigned as a
notary public, within and for the said
jurisdiction, for a term ending, the thirty-
first of December (year) to purchase a
notarial seal.chan robles virtual law library
Issued this (day) of (month) (year).
________________________
Executive Judge
SEC. 10. Official Seal of Notary Public. - Every
person commissioned as notary public shall
have only one official seal of office in
accordance with these Rules.
SEC. 11. Jurisdiction and Term. - A person
commissioned as notary public may perform
notarial acts in any place within the territorial
jurisdiction of the commissioning court for a
period of two (2) years commencing the first
day of January of the year in which the
commissioning is made, unless earlier revoked
or the notary public has resigned under these
Rules and the Rules of Court.chan robles virtual law
library
SEC. 12. Register of Notaries Public. - The
Executive Judge shall keep and maintain a
Register of Notaries Public in his jurisdiction
which shall contain, among others, the dates of
issuance or revocation or suspension of
notarial commissions, and the resignation or
death of notaries public. The Executive Judge
shall furnish the Office of the Court
Administrator information and data recorded in
the register of notaries public. The Office of the
Court Administrator shall keep a permanent,
complete and updated database of such
records.chan robles virtual law library
SEC. 13. Renewal of Commission. - A notary
public may file a written application with the
Executive Judge for the renewal of his
commission within forty-five (45) days before
the expiration thereof. A mark, image or
impression of the seal of the notary public shall
be attached to the application.
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:
signature: Signature affixed by notary in
presence of (names and addresses of person
and two [2] witnesses); and
(5) the notary public notarizes his signature by
acknowledgment or jurat.
SEC. 2. Prohibitions. - (a) A notary public shall
not perform a notarial act outside his regular
place of work or business; provided, however,
that on certain exceptional occasions or
situations, a notarial act may be performed at
the request of the parties in the following sites
located within his territorial jurisdiction:chan robles
virtual law library

(1) acknowledgments; (1) public offices, convention halls, and similar

(2) oaths and affirmations; places where oaths of office may be
(3) jurats;chan robles virtual law library
administered;
(4) signature witnessings; (2) public function areas in hotels and similar
(5) copy certifications; and places for the signing of instruments or
(6) any other act authorized by these Rules. documents requiring notarization;
(3) hospitals and other medical institutions
(b) A notary public is authorized to certify the where a party to an instrument or document is
affixing of a signature by thumb or other mark confined for treatment; and
on an instrument or document presented for (4) any place where a party to an instrument
notarization if: or document requiring notarization is under
(1) the thumb or other mark is affixed in the detention.
presence of the notary public and of two (2) (b) A person shall not perform a notarial act if
disinterested and unaffected witnesses to the the person involved as signatory to the
instrument or document; instrument or document -
(2) both witnesses sign their own names in (1) is not in the notary's presence personally at
addition to the thumb or other mark; the time of the notarization; and
(3) the notary public writes below the thumb or (2) is not personally known to the notary public
other mark: "Thumb or Other Mark affixed by or otherwise identified by the notary public
(name of signatory by mark) in the presence of through competent evidence of identity as
(names and addresses of witnesses) and defined by these Rules.chan robles virtual law library
undersigned notary public"; andchan robles virtual law SEC. 3. Disqualifications. - A notary public is
library
(4) the notary public notarizes the signature by disqualified from performing a notarial act if he:
thumb or other mark through an (a) is a party to the instrument or document
acknowledgment, jurat, or signature that is to be notarized;chan robles virtual law library
witnessing. (b) will receive, as a direct or indirect result,
(c) A notary public is authorized to sign on any commission, fee, advantage, right, title,
behalf of a person who is physically unable to interest, cash, property, or other consideration,
sign or make a mark on an instrument or except as provided by these Rules and by law;
document if: or
(1) the notary public is directed by the person (c) is a spouse, common-law partner,
unable to sign or make a mark to sign on his ancestor, descendant, or relative by affinity or
behalf; consanguinity of the principal within the fourth
(2) the signature of the notary public is affixed civil degree.chan robles virtual law library
in the presence of two disinterested and SEC. 4. Refusal to Notarize. - A notary public
unaffected witnesses to the instrument or shall not perform any notarial act described in
document; these Rules for any person requesting such an
(3) both witnesses sign their own names ; act even if he tenders the appropriate fee
(4) the notary public writes below his specified by these Rules if:
(a) the notary knows or has good reason to
believe that the notarial act or transaction is
unlawful or
(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;
(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:
(a) a blank or incomplete instrument or
document; orchan robles virtual law library
(b) an instrument or document without
appropriate notarial certification.
RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver of Fees. -
For performing a notarial act, a notary public
may charge the maximum fee as prescribed by
the Supreme Court unless he waives the fee in
whole or in part.
chan robles virtual law
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.chan
robles virtual law library
Any travel fees and expenses paid to a notary
public prior to the performance of a notarial act
immoral; 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.
and
SEC. 5. Notice of Fees. - A notary public who
charges a fee for notarial services shall issue a
receipt registered with the Bureau of Internal
Revenue and keep a journal of notarial fees.
He shall enter in the journal all fees charged for
services rendered.chan robles virtual law library
A notary public shall post in a conspicuous
place in his office a complete schedule of
chargeable notarial fees.
RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. - (a) A
notary public shall keep, maintain, protect and
provide for lawful inspection as provided in
these Rules, a chronological official notarial
register of notarial acts consisting of a
permanently bound book with numbered
pages.chan robles virtual law library
library The register shall be kept in books to be
furnished by the Solicitor General to any notary
public upon request and upon payment of the
cost thereof. The register shall be duly paged,
and on the first page, the Solicitor General
shall certify the number of pages of which the
book consists.
For purposes of this provision, a Memorandum
of Agreement or Understanding may be
entered into by the Office of the Solicitor
General and the Office of the Court
Administrator.chan robles virtual law library
(b) A notary public shall keep only one active
notarial register at any given time.
SEC. 2. Entries in the Notarial Register. - (a)
For every notarial act, the notary shall record in
the notarial register at the time of notarization
the following:chan robles virtual law library
(1) the entry number and page number;chan robles
virtual law
(2) the date and time of day of the notarial act;
(3) the type of notarial act;chan robles virtual law library
(4) the title or description of the instrument,
document or proceeding;
(5) the name and address of each principal;chan
robles virtual law
(6) the competent evidence of identity as
defined by these Rules if the signatory is not
personally known to the notary;chan robles virtual law
library
(7) the name and address of each credible
witness swearing to or affirming the person's
identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was
performed if not in the notary's regular place of
work or business; and
(10) any other circumstance the notary public
may deem of significance or relevance.
(b) A notary public shall record in the notarial
register the reasons and circumstances for not
completing a notarial act.
(c) A notary public shall record in the notarial
register the circumstances of any request to
inspect or copy an entry in the notarial register,
including the requester's name, address,
signature, thumbmark or other recognized
identifier, and evidence of identity. The reasons
for refusal to allow inspection or copying of a
journal entry shall also be recorded.
(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
library
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;
library
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;chan robles virtual law library
(b) not sign using a facsimile stamp or printing
device; and
(c) affix his official signature only at the time
the notarial act is performed.
SEC. 2. Official Seal. - (a) Every person
commissioned as notary public shall have a
seal of office, to be procured at his own
expense, which shall not be possessed or
owned by any other person. It shall be of
metal, circular in shape, two inches in
diameter, and shall have the name of the city
or province and the word Philippines and his
own name on the margin and the roll of
attorney's number on the face thereof, with the
words "notary public" across the center. A
mark, image or impression of such seal shall
be made directly on the paper or parchment on
which the writing appears.
(b) The official seal shall be affixed only at the
time the notarial act is performed and shall be
clearly impressed by the notary public on every
page of the instrument or document
notarized.chan robles virtual law library
(c) When not in use, the official seal shall be
kept safe and secure and shall be accessible
only to the notary public or the person duly
authorized by him.chan robles virtual law library
(d) Within five (5) days after the official seal of
a notary public is stolen, lost, damaged or
other otherwise rendered unserviceable in
affixing a legible image, the notary public, after
informing the appropriate law enforcement
agency, shall notify the Executive Judge in
writing, providing proper receipt or
acknowledgment, including registered mail,
and in the event of a crime committed, provide
a copy or entry number of the appropriate
police record. Upon receipt of such notice, if
found in order by the Executive Judge, the
latter shall order the notary public to cause
notice of such loss or damage to be published,
once a week for three (3) consecutive weeks,
in a newspaper of general circulation in the city
or province where the notary public is
commissioned. Thereafter, the Executive
Judge shall issue to the notary public a new
Certificate of Authorization to Purchase a
Notarial Seal.
(e) Within five (5) days after the death or
resignation of the notary public, or the
revocation or expiration of a notarial
commission, the official seal shall be
surrendered to the Executive Judge and shall
be destroyed or defaced in public during office
hours. In the event that the missing, lost or
damaged seal is later found or surrendered, it
shall be delivered by the notary public to the
Executive Judge to be disposed of in
accordance with this section. Failure to effect
such surrender shall constitute contempt of
court. In the event of death of the notary public,
the person in possession of the official seal
shall have the duty to surrender it to the
Executive Judge.
SEC. 3. Seal Image. - The notary public shall
affix a single, clear, legible, permanent, and
photographically reproducible mark, image or
impression of the official seal beside his
signature on the notarial certificate of a paper
instrument or document.
SEC. 4. Obtaining and Providing Seal. - (a) A
vendor or manufacturer of notarial seals may
not sell said product without a written
authorization from the Executive Judge.
(b) Upon written application and after payment
of the application fee, the Executive Judge may
issue an authorization to sell to a vendor or
manufacturer of notarial seals after verification
and investigation of the latter's qualifications.
The Executive Judge shall charge an
authorization fee in the amount of PhP 4,000
for the vendor and PhP 8,000 for the
manufacturer. If a manufacturer is also a
vendor, he shall only pay the manufacturer's
authorization fee.
(c) The authorization shall be in effect for a
period of four (4) years from the date of its
issuance and may be renewed by the
Executive Judge for a similar period upon
payment of the authorization fee mentioned in
the preceding paragraph.
(d) A vendor or manufacturer shall not sell a
seal to a buyer except upon submission of a
certified copy of the commission and the
Certificate of Authorization to Purchase a
Notarial Seal issued by the Executive Judge. A
notary public obtaining a new seal as a result
of change of name shall present to the vendor
or manufacturer a certified copy of the
Confirmation of the Change of Name issued by
the Executive Judge.
(e) Only one seal may be sold by a vendor or
manufacturer for each Certificate of
Authorization to Purchase a Notarial Seal.
(f) After the sale, the vendor or manufacturer
shall affix a mark, image or impression of the
seal to the Certificate of Authorization to
Purchase a Notarial Seal and submit the
completed Certificate to the Executive Judge.
Copies of the Certificate of Authorization to
Purchase a Notarial Seal and the buyer's
commission shall be kept in the files of the
vendor or manufacturer for four (4) years after
the sale.
(g) A notary public obtaining a new seal as a
result of change of name shall present to the
vendor a certified copy of the order confirming
the change of name issued by the Executive
Judge.
RULE VIII
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. - The
notarial form used for any notarial instrument
or document shall conform to all the requisites
prescribed herein, the Rules of Court and all
other provisions of issuances by the Supreme
Court and in applicable laws.chan robles virtual law library
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:chan robles virtual law
library
CERTIFICATE OF AUTHORITY FOR
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.chan robles virtual law library
IN WITNESS WHEREOF, I have affixed
below my signature and seal of this office
this (date) day of (month) (year).chan robles virtual
law
_________________
(official signature)
(seal of Executive Judge)
RULE X
CHANGES OF STATUS OF NOTARY
PUBLIC
SECTION 1. Change of Name and Address. -
(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
A 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
library
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

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:
SECTION 1. Revocation and Administrative
Sanctions. - (a) The Executive Judge shall
revoke a notarial commission for any ground
on which an application for a commission may
be denied.chan robles virtual law library
(b) In addition, the Executive Judge may
revoke the commission of, or impose
appropriate administrative sanctions upon, any
notary public who:
(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.chan robles virtual
law library
SEC. 3. Publication of Revocations and
Administrative Sanctions. - The Executive
Judge shall immediately order the Clerk of
Court to post in a conspicuous place in the
offices of the Executive Judge and of the Clerk
of Court the names of notaries public who have
been administratively sanctioned or whose
notarial commissions have been revoked.
SEC. 4. Death of Notary Public. - If a notary
public dies before fulfilling the obligations in
Section 4(e), Rule VI and Section 2(e), Rule
VII, the Executive Judge, upon being notified of
such death, shall forthwith cause compliance
with the provisions of these sections.chan robles
virtual law library
RULE XII
SPECIAL PROVISIONS
SECTION 1. Punishable Acts. - The Executive
Judge shall cause the prosecution of any
person who:
(a) knowingly acts or otherwise impersonates a
notary public;chan robles virtual law library
(b) knowingly obtains, conceals, defaces, or
destroys the seal, notarial register, or official
records of a notary public; and
(c) knowingly solicits, coerces, or in any way
influences a notary public to commit official
misconduct.
SEC 2. Reports to the Supreme Court. - The
Executive Judge concerned shall submit
semestral reports to the Supreme Court on
discipline and prosecution of notaries public.
RULE XIII
REPEALING AND EFFECTIVITY
PROVISIONS
SECTION 1. Repeal. - All rules and parts of
rules, including issuances of the Supreme
Court inconsistent herewith, are hereby
repealed or accordingly modified.chan robles virtual law
library
Republic of the Philippines
SUPREME COURT
SEC. 2. Effective Date. - These Rules shall
Manila
take effect on the first day of August 2004, and
shall be published in a newspaper of general
FIRST DIVISION
circulation in the Philippines which provides
sufficiently wide circulation.
G.R. No. 177898 August 13, 2008
Promulgated this 6th day of July, 2004.chan robles
virtual law library SIGMA HOMEBUILDING CORPORATION, petitioner,
vs.
INTER-ALIA
Davide, Jr. C.J., Puno, MANAGEMENT CORPORATION, DEVELOPMENT BANK OF RIZAL,
Vitug, Panganiban,
RESOURCESSandoval-
Quisumbing, Ynarez-Santiago, CORPORATION, HASTING REALTY and DEVELOPMENT CORPORA
Gutierrez, Carpio, Austria-Martinez,the
OF DEEDS for PROVINCE of CAVITE, respondents.
Corona,
Carpio-Morales, Callejo, Sr., Azcuna and
Tinga, JJ. RESOLUTION

CORONA, J.:

Petitioner Sigma Homebuilding Corporation filed a complaint for annulment of sale, cancellation
damages1 against respondents, namely, Inter Alia Management Corporation (Inter-Alia), Intercon
Corporation (Intercon), Hasting Realty and Development Corporation (Hasting),2 Development B
the Register of Deeds of the Province of Cavite, in the Regional Trial Court (RTC) of Trece Mar
23.

Petitioner alleged that its real properties4 in Tanza, Cavite were sold by its assistant vice-presiden
Inter-Alia without its knowledge and consent and without the requisite board resolution authoriz
turn, sold them to DBR. DBR then sold the same to Intercon which conveyed them to Hasting.

Summonses were served on all respondents, except Inter-Alia as it no longer held office at its giv

For its part, Hasting filed a motion to dismiss on the ground that the complaint stated no cause of
stated that the annotations in petitioners cancelled TCTs (which were attached to the complaint)
Parcero was authorized to sell the lots to Inter-Alia. Also attached to the complaint were the duly
sale (signed and executed by Parcero, in representation of petitioner) and the acknowledged rece
in the amount of P1,522,920.00. Hasting went on to allege that, based on the complaint, petitione
party in interest to the subsequent successive transfers of the properties to the different responden
action for annulment of sale.

In its comment/opposition to Hastings motion to dismiss, petitioner merely insisted that it had a
controvert Hastings material assertions.

Respondent Intercon filed an answer.5 The other respondents, however, were not able to file thei
lawphil

pleadings.
Today is Sunday, October 16, 2011
Subsequently, in an order dated July 3, 2002, the RTC dismissed the complaint for failure to stat
ruled that the action for reconveyance was not proper since the properties had already passed on
purchasers in good faith and for value. Petitioner moved for reconsideration. It was denied.6

Petitioner appealed to the CA.7 The appellate court affirmed the decision of the court a quo.8 The
nsideration.9 party has availed himself of the remedy of new trial, appeal, petition for relief or other appropria
he has failed to avail himself of those remedies through his own fault or negligence.21
ew on certiorari in this Court was denied for failure to show that the appellate court had
10

ror in the assailed judgment.11 ItsLitigation

motion for
must
reconsideration
end sometime. was
It is
likewise
essential to an 12effective and efficient administration of justice
denied.
becomes final, the winning party should not be deprived of the fruits of the verdict. Courts must
22
n the CA a petition for annulment scheme
of the calculated
order datedtoJuly
bring
3, about thatthe
2002 of undesirable
RTC on the result.
ground Thus,
of we deem it fit to finally put an e
le 47 of the Rules of Court.13 It controversy.
argued that the trial court overstepped its boundaries when it
only against Hasting but also against the other respondents despite the fact that it was only
smissal. WHEREFORE, the letter-appeal is hereby DENIED for lack of merit.

outright.14 It held that for an action

Treble
for annulment
costs against
of petitioner.
judgment based on lack of jurisdiction to
that respondent court committed grave abuse of discretion amounting to lack of jurisdiction;
d court absolutely lacked jurisdiction or that
No further it shouldshall
pleadings not have taken cognizance
be entertained of the case
in this case.
it with jurisdiction over the subject matter.
SO ORDERED.
ate court found that petitioner had already availed of the remedy of ordinary appeal before the
een unsuccessful in its appeal before the CA under Rule 41 and the Supreme Court under Rule
RENATO C. CORONA
er avail of the petition for annulment of judgment, especially since the issue relied upon in the Justice
Associate
perly raised in its appeal in the CA (as, in fact, it was so raised by petitioner and passed upon by
peal). The CA denied petitioners motion for reconsideration.15

a petition for review on certiorariWEin this Court. It was, however, denied on August 8, 2007 for
CONCUR:
6, 2007, its motion for reconsideration was denied with finality. Thus, the August 8, 2007
executory on January 18, 2008. Entry of judgment was made on April 25, 2008.
REYNATO S. PUNO
Chief Justice
uses to give up. In a letter-appeal dated June 30, 2008,17 it implored this Court to take another
Chairperson
case. Petitioner reiterated that it was effectively deprived of its right to due process when the
nt against the other respondents. It also pleaded for a liberal interpretation
ANTONIO of the rules of
T. CARPIO ADOLFO S. AZCUNA
Associate Justice Associate Justice
merit. TERESITA J. LEONARDO-DE CASTRO
Associate Justice
in the nature of a second motion for reconsideration which is a prohibited pleading under the
was filed despite the fact that an entry of judgment had already been made. It was obviously a
cts of the final and executory resolutions of this Court.
CERTIFICATION
o grant petitioners letter-appeal based on its alleged substantial compliance with the pertinent
antive aspect of its arguments left much to be desired.
Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the abov
reached in consultation before the case was assigned to the writer of the opinion of the Courts D
y argue that the dismissal of the complaint motu proprio against the other respondents
right to due process. It must be pointed out that petitioners complaint went to great lengths to
REYNATO S. PUNO
ts properties was (Inter-Alia) down to the current owner thereof, which is Hasting. As title to the
Chief Justice
vested in Hasting, there was really no need for petitioner to implead all the other respondents for
f its action for annulment of sale against Hasting. A perusal of the complaint reveals that all the
ven real parties in interest19 in this case, to begin with. The only real parties in interest in this
petitioner and Hasting for they were the only ones who stood to be benefitted or injured, as the
nt in the suit. Footnotes
1
Docketed
rrect in holding that, as petitioner had already as Civil
availed of theCase No. of
remedy TMCV-0021-02.
appeal, it could no
annulment of judgment. A petition for 2annulment of judgment is an extraordinary remedy and is
Also referred
nately by the Court. It is allowed only in exceptional to asand
cases Hastings
cannotinbesome
used of
bythe pleadings.
a losing party
20
promulgated decision long final and executory. The remedy may not be invoked where the
Insurance Corporation (PDIC), as receiver of respondent
which equally
DBR,applies
was named
to the filing
as oneofofsuch
the a motion in the Supreme Court as expli
ners complaint for annulment of sale. However, it was
Rule no would
56-B, longer reveal
impleaded
that: as a respondent in
w filed in this Court.
Sec. 2. Second motion for reconsideration. No second motion for reconsideratio
te total area of 126,910 sq. m. resolution by the same party shall be entertained.
19
d the material allegations in the complaint Section
and claimed
2, Rule
that3 itofbought
the Rules
the of
subject
Courtrealties
definesina good
real party in interest:

Sec. 2. Parties in interest. A real party in interest is the party who stands to be b
2002. judgment in the suit, or the party entitled to the avails of the suit. Unless otherwis
Rules, every action must be prosecuted or defended in the name of the real party i
R. CV No. 76928.
20
Veneracion v. Mancilla, G.R. No. 158238, 20 July 2006, 495 SCRA 712, 724 and Repu
e Justice Eliezer R. de los Santos (now No. 141241,
retired) 22 November
and concurred in by2005, 475 SCRA
Associate 608,
Justices 617.
Eugenio
ired) and Arturo D. Brion (now a member of this Court) of the Former Third Division of the
21
llo, pp. 120-134. Dated August 10, 2005. Id., Republic v. "G" Holdings, pp. 617-618.
22
ctober 20, 2005. Republic v. "G" Holdings, supra at 622.

No. 170174.
The Lawphil Project - Arellano Law Foundation
ebruary 1, 2006.

6.

G.R. SP No. 98170.

ate Justice Mariano C. Del Castillo and concurred in by Associate Justices Lucenito N. Tagle
F. Barza of the Former Special Seventeenth Division of the Court of Appeals. Rollo, pp. 24-25.

motion for extension of time to file petition for review on certiorari. It was denied in a resolution
for failure of petitioners counsel to submit his IBP O.R. No. showing proof of payment of IBP
year (as the IBP O.R. No. is dated November 20, 2006) and for submitting an affidavit of service
ls to comply with the 2004 Rules on Notarial Practice on competent evidence of affiants
led a motion for reconsideration of said resolution. Its counsel contended that while his IBP
ber 20, 2006, he actually made two (2) payments on said date one for the year 2006 and past
the year 2007. Said counsel admitted his non-compliance with the 2004 Rules on Notarial
nt evidence of affiants identity. However, he explained that the same was due to mere
part and that he subsequently filed a petition for review with due compliance with the rules.
was denied on October 3, 2007.

ourt on said date. Rollo, pp. 214-230.

56-B, which pertains to the procedure in the Supreme Court for appealed cases, provides:

dure. The appeal shall be governed by and disposed of in accordance with the applicable
the Constitution, laws, Rules 45, 48, sections 1, 2 and 5 to 11 of Rules 51, 52 and this Rule.

Section 2, Rule 52, which governs motions for reconsideration filed in the Court of Appeals and