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: chanroblesvirtuallawlibrary

2004 RULES ON NOTARIAL PRACTICE

RULE I
IMPLEMENTATION
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial Practice.
SEC. 2. Purposes. - These Rules shall be applied and construed to advance the following
purposes: chanroblesvirtuallawlibrary

(a) to promote, serve, and protect public interest; chan robles virtual law library
(b) to simplify, clarify, and modernize the rules governing notaries public; and
(c) to foster ethical conduct among notaries public. chan robles virtual law library
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: chanroble svirtuallawlibrary

(a) appears in person before the notary public and presents an integrally complete instrument
or document;
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(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 -
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(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: chan robles virtual law library
(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:
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(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: chanroble svirtuallawlibrary

(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. cralaw

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:
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(a) at least one current identification document issued by an official agency bearing the
photograph and signature of the individual; or chan robles virtual law library
(b) 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; 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. cralaw

SEC. 17. Office of the Court Administrator. - “Office of the Court Administrator” refers to the
Office of the Court Administrator of the Supreme Court. cralaw

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. cralaw

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: chanroble svirtuallawlibrary

(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: chanroble svirtuallawlibrary

(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:chanroble svirtuallawlibrary

(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: 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. chan robles virtual chanrobles virt ual law library

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: chanroblesvirtuallawlibrary

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. cralaw

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: chanroble svirtuallawlibrary

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF_____________ chan robles virtual law library
CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL chan 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
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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. cralaw

Failure to file said application will result in the deletion of the name of the notary public in the
register of notaries public. cralaw

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. cralaw
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial acts: chanroblesvirtuallawlibrary

(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: chanroble svirtuallawlibrary

(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 chan robles virtual law library
(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: chanroblesvirtuallawlibrary

(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: chan robles virtual law library
(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.chan robles virtual law library
SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he: chanroblesvirtuallawlibrary

(a) is a party to the instrument or document that is to be notarized; chan robles virtual law library
(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. chan robles virtual law library
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: chanroble svirtuallawlibrary

(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.
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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. cralaw

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. cralaw

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
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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. cralaw

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. cralaw

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
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. cralaw

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. cralaw

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 library
(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 library
(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. cralaw

(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. cralaw

(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. cralaw

(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. cralaw

(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. cralaw

(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. cralaw

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: chanroblesvirtuallawlibrary

(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.cralaw

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. cralaw

(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. cralaw

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. cralaw

RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. – In notarizing a paper instrument or document, a notary public
shall:
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(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. cralaw

(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.cralaw

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. cralaw

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. cralaw

(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. cralaw

(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. cralaw

(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. cralaw

(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. cralaw

(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.cralaw

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:chanroble svirtuallawlibrary

(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 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. chan robles virtual law library chanrobles virtua l 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 library
chanr oble s virtual law li brary

_________________
(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: chanroble svirtuallawlibrary

(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. cralaw

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. cralaw

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. 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: chanrobl esvirtuallawlibrary

(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). cralaw

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. cralaw

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: chanrobl esvirtuallawlibrary

(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
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. chan robles virtual law library
Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez,
Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ. cralaw

A.M. No. 11-9-4-SC

EFFICIENT USE OF PAPER RULE

Whereas, to produce 500 reams of paper, twenty trees are cut and 100,000 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 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 written in single space with 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 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 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 requests a set of the annexes actually filed with the court,
the part 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 newspapers
of general circulation in the Philippines.

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.1

(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.

Manila, September 4, 2012.