A.M. No.

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

Republic of the Philippines

Supreme Court
Manila

EN BANC

A.M. No. 02-8-13-SC

2004 Rules on Notarial Practice

RESOLUTION

Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial Practice of 2004
submitted by the Sub-Committee for the Study, Drafting and Formulation of the Rules Governing the
Appointment of Notaries Public and the Performance and Exercise of Their Official Functions, of the
Committees on Revision of the Rules of Court and on Legal Education and Bar Matters, the Court
Resolved to APPROVE the proposed Rules on Notarial Practice of 2004, with modifications, thus:

2004 RULES ON NOTARIAL PRACTICE

RULE I

IMPLEMENTATION

SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial Practice.

SEC. 2. Purposes. - These Rules shall be applied and construed to advance the following purposes:

(a) to promote, serve, and protect public interest;

(b) to simplify, clarify, and modernize the rules governing notaries public; and

(c) to foster ethical conduct among notaries public. .

SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in the singular
include the plural, and words in the plural include the singular.

RULE II

DEFINITIONS

SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in which an individual on a single

occasion:

(a) appears in person before the notary public and presents an integrally complete instrument or
document;

(b) is attested to be personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by these Rules; and -

(c) represents to the notary public that the signature on the instrument or document was voluntarily
affixed by him for the purposes stated in the instrument or document, declares that he has executed
the instrument or document as his free and voluntary act and deed, and, if he acts in a particular
representative capacity, that he has the authority to sign in that capacity.

SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath” refers to an act in which an individual
on a single occasion: .

(a) appears in person before the notary public;

(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

(c) avows under penalty of law to the whole truth of the contents of the instrument or document.

SEC. 3. Commission. - “Commission” refers to the grant of authority to perform notarial acts and to
the written evidence of the authority.
SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act in which a notary public:

(a) is presented with an instrument or document that is neither a vital record, a public record, nor
publicly recordable;

(b) copies or supervises the copying of the instrument or document;

(c) compares the instrument or document with the copy; and

(d) determines that the copy is accurate and complete.

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

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

(a) appears in person before the notary public and presents an instrument or document;

(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity as defined by these Rules;

(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. .

SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary” refer to any person commissioned to
perform official acts under these Rules. .
SEC. 10. Principal. - “Principal” refers to a person appearing before the notary public whose act is the
subject of notarization. .

SEC. 11. Regular Place of Work or Business. - The term “regular place of work or business” refers to a
stationary office in the city or province wherein the notary public renders legal and notarial services.
.

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

(a) at least one current identification document issued by an official agency bearing the photograph
and signature of the individual; or

(b) the oath or affirmation of one credible witness not privy to the instrument, document or
transaction who is personally known to the notary public and who personally knows the individual, or
of two credible witnesses neither of whom is privy to the instrument, document or transaction who
each personally knows the individual and shows to the notary public documentary identification.

SEC. 13. Official Seal or Seal. - “Official seal” or “Seal” refers to a device for affixing a mark, image or
impression on all papers officially signed by the notary public conforming the requisites prescribed by
these Rules.

SEC. 14. Signature Witnessing. - The term “signature witnessing” refers to a notarial act in which an
individual on a single occasion: .

(a) appears in person before the notary public and presents an instrument or document;

(b) is personally known to the notary public or identified by the notary public through competent
evidence of identity as defined by these Rules; and

(c) signs the instrument or document in the presence of the notary public.

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

SEC. 16. Petitioner. - “Petitioner” refers to a person who applies for a notarial commission. .
SEC. 17. Office of the Court Administrator. - “Office of the Court Administrator” refers to the Office of
the Court Administrator of the Supreme Court. .

SEC. 18. Executive Judge. - “Executive Judge” refers to the Executive Judge of the Regional Trial Court
of a city or province who issues a notarial commission. .

SEC. 19. Vendor. - “Vendor” under these Rules refers to a seller of a notarial seal and shall include a
wholesaler or retailer. .

SEC. 20. Manufacturer. - “Manufacturer” under these Rules refers to one who produces a notarial
seal and shall include an engraver and seal maker. .

RULE III

COMMISSIONING OF NOTARY PUBLIC

SECTION 1. Qualifications. - A notarial commission may be issued by an Executive Judge to any

qualified person who submits a petition in accordance with these Rules. .

To be eligible for commissioning as notary public, the petitioner:

(1) must be a citizen of the Philippines;

(2) must be over twenty-one (21) years of age;

(3) must be a resident in the Philippines for at least one (1) year and maintains a regular place of
work or business in the city or province where the commission is to be issued;

(4) must be a member of the Philippine Bar in good standing with clearances from the Office of the
Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and

(5) must not have been convicted in the first instance of any crime involving moral turpitude.
SEC. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial commission
shall be in writing, verified, and shall include the following:

(a) a statement containing the petitioner's personal qualifications, including the petitioner's date of
birth, residence, telephone number, professional tax receipt, roll of attorney's number and IBP
membership number;

(b) certification of good moral character of the petitioner by at least two (2) executive officers of the
local chapter of the Integrated Bar of the Philippines where he is applying for commission;

(c) proof of payment for the filing of the petition as required by these Rules; and

(d) three (3) passport-size color photographs with light background taken within thirty (30) days of
the application. The photograph should not be retouched. The petitioner shall sign his name at the
bottom part of the photographs.

SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the application fee as
prescribed in the Rules of Court. .

SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a summary hearing on
the petition and shall grant the same if:

(a) the petition is sufficient in form and substance;

(b) the petitioner proves the allegations contained in the petition; and

(c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully
understood these Rules.

The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase
a Notarial Seal in favor of the petitioner. .

SEC. 5. Notice of Summary Hearing. -

(a) The notice of summary hearing shall be published in a newspaper of general circulation in the city
or province where the hearing shall be conducted and posted in a conspicuous place in the offices of
the Executive Judge and of the Clerk of Court. The cost of the publication shall be borne by the
petitioner. The notice may include more than one petitioner.

(b) The notice shall be substantially in the following form:

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.chanrobles 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. .

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

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ______________

This is to certify that (name of notary public) of (regular place of work or business) in (city or province)
was on this (date) day of (month) two thousand and (year) commissioned by the undersigned as a
notary public, within and for the said jurisdiction, for a term ending the thirty-first day of December
(year) .

________________________
Executive Judge

SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate
of Authorization to Purchase a Notarial Seal shall be valid for a period of three (3) months from date
of issue, unless extended by the Executive Judge.

A mark, image or impression of the seal that may be purchased by the notary public pursuant to the
Certificate shall be presented to the Executive Judge for approval prior to use. .

SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate of

Authorization to Purchase a Notarial Seal shall substantially be in the following form:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF_____________ .

CERTIFICATE OF AUTHORIZATION

TO PURCHASE A NOTARIAL SEAL .

This is to authorize (name of notary public) of (city or province) who was commissioned by the
undersigned as a notary public, within and for the said jurisdiction, for a term ending, the thirty-first
of December (year) to purchase a notarial seal.chanrobles 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. .

SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a Register of
Notaries Public in his jurisdiction which shall contain, among others, the dates of issuance or
revocation or suspension of notarial commissions, and the resignation or death of notaries public. The
Executive Judge shall furnish the Office of the Court Administrator information and data recorded in
the register of notaries public. The Office of the Court Administrator shall keep a permanent,
complete and updated database of such records. .

SEC. 13. Renewal of Commission. - A notary public may file a written application with the Executive
Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. A
mark, image or impression of the seal of the notary public shall be attached to the application. .

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

POWERS AND LIMITATIONS 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. . SECTION 1. Powers. - (a) A notary public is
empowered to perform the following notarial
acts:

SEC. 14. Action on Application for Renewal of

Commission. - The Executive Judge shall, upon
payment of the application fee mentioned in (1) acknowledgments;
Section 3 above of this Rule, act on an
application for the renewal of a commission (2) oaths and affirmations;
within thirty (30) days from receipt thereof. If
the application is denied, the Executive Judge (3) jurats;
shall state the reasons therefor. .
(4) signature witnessings;

(5) copy certifications; and

RULE IV
(6) any other act authorized by these Rules.
(b) A notary public is authorized to certify the
affixing of a signature by thumb or other mark
on an instrument or document presented for
notarization if:
(1) the thumb or other mark is affixed in the
presence of the notary public and of two (2)
disinterested and unaffected witnesses to the
instrument or document;
(2) both witnesses sign their own names in
addition to the thumb or other mark;
(3) the notary public writes below the thumb
or other mark: "Thumb or Other Mark affixed
by (name of signatory by mark) in the
presence of (names and addresses of
witnesses) and undersigned notary public";
and
(4) the notary public notarizes the signature
by thumb or other mark through an
acknowledgment, jurat, or signature
witnessing.
(c) A notary public is authorized to sign on
behalf of a person who is physically unable to
sign or make a mark on an instrument or
document if:
(1) the notary public is directed by the person
unable to sign or make a mark to sign on his
behalf;
(2) the signature of the notary public is affixed
in the presence of two disinterested and
unaffected witnesses to the instrument or
document;
(3) both witnesses sign their own names ;
(4) the notary public writes below his
signature: “Signature affixed by notary in
presence of (names and addresses of person
and two [2] witnesses)”; and
(5) the notary public notarizes his signature by
acknowledgment or jurat.
SEC. 2. Prohibitions. - (a) A notary public shall
not perform a notarial act outside his regular
place of work or business; provided, however,
that on certain exceptional occasions or
situations, a notarial act may be performed at
the request of the parties in the following sites
located within his territorial jurisdiction: .
(1) public offices, convention halls, and similar
places where oaths of office may be
administered;
(2) public function areas in hotels and similar
places for the signing of instruments or
documents requiring notarization;
(3) hospitals and other medical institutions
where a party to an instrument or document is
confined for treatment; and
(4) any place where a party to an instrument
or document requiring notarization is under
detention.
(b) A person shall not perform a notarial act if
the person involved as signatory to the
instrument or document -
(1) is not in the notary's presence personally
at the time of the notarization; and
(2) is not personally known to the notary
public or otherwise identified by the notary
public through competent evidence of identity
as defined by these Rules. .

SEC. 3. Disqualifications. - A notary public is
disqualified from performing a notarial act if
he:
(a) is a party to the instrument or document
that is to be notarized;
(b) will receive, as a direct or indirect result,
any commission, fee, advantage, right, title,
interest, cash, property, or other
consideration, except as provided by these
Rules and by law; or
(c) is a spouse, common-law partner,
ancestor, descendant, or relative by affinity or
consanguinity of the principal within the
fourth civil degree. .
SEC. 4. Refusal to Notarize. - A notary public
shall not perform any notarial act described in
these Rules for any person requesting such an
act even if he tenders the appropriate fee
specified by these Rules if:
(a) the notary knows or has good reason to
believe that the notarial act or transaction is
unlawful or immoral;
(b) the signatory shows a demeanor which
engenders in the mind of the notary public
reasonable doubt as to the former's
knowledge of the consequences of the
transaction requiring a notarial act; and
(c) in the notary's judgment, the signatory is
not acting of his or her own free will.
SEC. 5. False or Incomplete Certificate. - A
notary public shall not: .
(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. .
SEC. 6. Improper Instruments or Documents. -
A notary public shall not notarize:
(a) a blank or incomplete instrument or
document; or
(b) an instrument or document without
appropriate notarial certification.
RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver of Fees. -
For performing a notarial act, a notary public
may charge the maximum fee as prescribed by
the Supreme Court unless he waives the fee in
whole or in part.
SEC. 2. Travel Fees and Expenses. - A notary
public may charge travel fees and expenses
separate and apart from the notarial fees
prescribed in the preceding section when
traveling to perform a notarial act if the notary
public and the person requesting the notarial
act agree prior to the travel. .
SEC. 3. Prohibited Fees. – No fee or
compensation of any kind, except those
expressly prescribed and allowed herein, shall
be collected or received for any notarial
service. .
SEC. 4. Payment or Refund of Fees. - A notary
public shall not require payment of any fees
specified herein prior to the performance of a
notarial act unless otherwise agreed upon. .
Any travel fees and expenses paid to a notary
public prior to the performance of a notarial
act are not subject to refund if the notary
public had already traveled but failed to
complete in whole or in part the notarial act
for reasons beyond his control and without
negligence on his part. .
SEC. 5. Notice of Fees. - A notary public who
charges a fee for notarial services shall issue a
receipt registered with the Bureau of Internal
Revenue and keep a journal of notarial fees.
He shall enter in the journal all fees charged
for services rendered. .
A notary public shall post in a conspicuous
place in his office a complete schedule of
chargeable notarial fees. .
RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. - (a) A
notary public shall keep, maintain, protect and
provide for lawful inspection as provided in
these Rules, a chronological official notarial
register of notarial acts consisting of a
permanently bound book with numbered
pages. .
The register shall be kept in books to be
furnished by the Solicitor General to any
notary public upon request and upon payment
of the cost thereof. The register shall be duly
paged, and on the first page, the Solicitor
General shall certify the number of pages of
which the book consists. .
For purposes of this provision, a Memorandum
of Agreement or Understanding may be
entered into by the Office of the Solicitor
General and the Office of the Court
Administrator. .
(b) A notary public shall keep only one active
notarial register at any given time. .
SEC. 2. Entries in the Notarial Register. - (a) For
every notarial act, the notary shall record in
the notarial register at the time of notarization
the following: .
(1) the entry number and page number;
(2) the date and time of day of the notarial act;
(3) the type of notarial act;
(4) the title or description of the instrument,
document or proceeding;
(5) the name and address of each principal;
(6) the competent evidence of identity as
defined by these Rules if the signatory is not
personally known to the notary;
(7) the name and address of each credible
witness swearing to or affirming the person's
identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was
performed if not in the notary's regular place
of work or business; and
(10) any other circumstance the notary public
may deem of significance or relevance.
(b) A notary public shall record in the notarial
register the reasons and circumstances for not
completing a notarial act.
(c) A notary public shall record in the notarial
register the circumstances of any request to
inspect or copy an entry in the notarial
register, including the requester's name,
address, signature, thumbmark or other
recognized identifier, and evidence of identity.
The reasons for refusal to allow inspection or
copying of a journal entry shall also be
recorded. .
(d) When the instrument or document is a
contract, the notary public shall keep an
original copy thereof as part of his records and
enter in said records a brief description of the
substance thereof and shall give to each entry
a consecutive number, beginning with number
one in each calendar year. He shall also retain
a duplicate original copy for the Clerk of Court.
. SEC. 3. Signatures and Thumbmarks. - At the
(e) The notary public shall give to each
instrument or document executed, sworn to,
or acknowledged before him a number
corresponding to the one in his register, and
shall also state on the instrument or document
the page/s of his register on which the same is
recorded. No blank line shall be left between
entries. .
(f) In case of a protest of any draft, bill of
exchange or promissory note, the notary
public shall make a full and true record of all
proceedings in relation thereto and shall note
therein whether the demand for the sum of
money was made, by whom, when, and
where; whether he presented such draft, bill
or note; whether notices were given, to whom
and in what manner; where the same was
made, when and to whom and where directed;
and of every other fact touching the same. .
(g) At the end of each week, the notary public
shall certify in his notarial register the number
of instruments or documents executed, sworn
to, acknowledged, or protested before him; or
if none, this certificate shall show this fact. .
(h) A certified copy of each month's entries
and a duplicate original copy of any instrument
acknowledged before the notary public shall,
within the first ten (10) days of the month
following, be forwarded to the Clerk of Court
and shall be under the responsibility of such
officer. If there is no entry to certify for the
month, the notary shall forward a statement
to this effect in lieu of certified copies herein
required. .
time of notarization, the notary's notarial
register shall be signed or a thumb or other
mark affixed by each:
(a) principal;
(b) credible witness swearing or affirming to
the identity of a principal; and
(c) witness to a signature by thumb or other
mark, or to a signing by the notary public on
behalf of a person physically unable to sign.

SEC. 4. Inspection, Copying and Disposal. - (a)
In the notary's presence, any person may
inspect an entry in the notarial register, during
regular business hours, provided;
(1) the person's identity is personally known to
the notary public or proven through
competent evidence of identity as defined in
these Rules;
(2) the person affixes a signature and thumb
or other mark or other recognized identifier, in
the notarial register in a separate, dated entry;
(3) the person specifies the month, year, type
of instrument or document, and name of the
principal in the notarial act or acts sought; and
(4) the person is shown only the entry or
entries specified by him.
(b) The notarial register may be examined by a
law enforcement officer in the course of an
official investigation or by virtue of a court
order.
(c) If the notary public has a reasonable
ground to believe that a person has a criminal
intent or wrongful motive in requesting
information from the notarial register, the
notary shall deny access to any entry or entries
therein. .
SEC. 5. Loss, Destruction or Damage of
Notarial Register. - (a) In case the notarial
register is stolen, lost, destroyed, damaged, or
otherwise rendered unusable or illegible as a
record of notarial acts, the notary public shall,
within ten (10) days after informing the
appropriate law enforcement agency in the
case of theft or vandalism, notify the Executive
Judge by any means providing a proper receipt
or acknowledgment, including registered mail
and also provide a copy or number of any
pertinent police report. .
(b) Upon revocation or expiration of a notarial
commission, or death of the notary public, the
notarial register and notarial records shall
immediately be delivered to the office of the
Executive Judge. .
SEC. 6. Issuance of Certified True Copies. - The
notary public shall supply a certified true copy
of the notarial record, or any part thereof, to
any person applying for such copy upon
payment of the legal fees. .
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. – In notarizing a
paper instrument or document, a notary
public shall:
(a) sign by hand on the notarial certificate only
the name indicated and as appearing on the
notary's commission;
(b) not sign using a facsimile stamp or printing
device; and
(c) affix his official signature only at the time
the notarial act is performed.
SEC. 2. Official Seal. - (a) Every person
commissioned as notary public shall have a
seal of office, to be procured at his own
expense, which shall not be possessed or
owned by any other person. It shall be of
metal, circular in shape, two inches in
diameter, and shall have the name of the city
or province and the word “Philippines” and his
own name on the margin and the roll of
attorney's number on the face thereof, with
the words "notary public" across the center. A
mark, image or impression of such seal shall be
made directly on the paper or parchment on
which the writing appears.
(b) The official seal shall be affixed only at the
time the notarial act is performed and shall be
clearly impressed by the notary public on
every page of the instrument or document
notarized. .
(c) When not in use, the official seal shall be
kept safe and secure and shall be accessible
only to the notary public or the person duly
authorized by him. .
(d) Within five (5) days after the official seal of
a notary public is stolen, lost, damaged or
other otherwise rendered unserviceable in
affixing a legible image, the notary public, after
informing the appropriate law enforcement
agency, shall notify the Executive Judge in
writing, providing proper receipt or
acknowledgment, including registered mail,
and in the event of a crime committed,
provide a copy or entry number of the
appropriate police record. Upon receipt of
such notice, if found in order by the Executive
Judge, the latter shall order the notary public
to cause notice of such loss or damage to be
published, once a week for three (3)
consecutive weeks, in a newspaper of general
circulation in the city or province where the
notary public is commissioned. Thereafter, the
Executive Judge shall issue to the notary public
a new Certificate of Authorization to Purchase
a Notarial Seal. .
(e) Within five (5) days after the death or
resignation of the notary public, or the
revocation or expiration of a notarial
commission, the official seal shall be
surrendered to the Executive Judge and shall
be destroyed or defaced in public during office
hours. In the event that the missing, lost or
damaged seal is later found or surrendered, it
shall be delivered by the notary public to the
Executive Judge to be disposed of in
accordance with this section. Failure to effect
such surrender shall constitute contempt of
court. In the event of death of the notary
public, the person in possession of the official
seal shall have the duty to surrender it to the
Executive Judge. .
SEC. 3. Seal Image. - The notary public shall
affix a single, clear, legible, permanent, and
photographically reproducible mark, image or
impression of the official seal beside his
signature on the notarial certificate of a paper
instrument or document. .
SEC. 4. Obtaining and Providing Seal. - (a) A
vendor or manufacturer of notarial seals may
not sell said product without a written
authorization from the Executive Judge. .
(b) Upon written application and after
payment of the application fee, the Executive
Judge may issue an authorization to sell to a
vendor or manufacturer of notarial seals after
verification and investigation of the latter's
qualifications. The Executive Judge shall charge
an authorization fee in the amount of PhP
4,000 for the vendor and PhP 8,000 for the
manufacturer. If a manufacturer is also a
vendor, he shall only pay the manufacturer's
authorization fee. .
(c) The authorization shall be in effect for a
period of four (4) years from the date of its
issuance and may be renewed by the
Executive Judge for a similar period upon
payment of the authorization fee mentioned in
the preceding paragraph. .
(d) A vendor or manufacturer shall not sell a
seal to a buyer except upon submission of a
certified copy of the commission and the
Certificate of Authorization to Purchase a
Notarial Seal issued by the Executive Judge. A
notary public obtaining a new seal as a result
of change of name shall present to the vendor
or manufacturer a certified copy of the
Confirmation of the Change of Name issued by
the Executive Judge. .
(e) Only one seal may be sold by a vendor or
manufacturer for each Certificate of
Authorization to Purchase a Notarial Seal. .
(f) After the sale, the vendor or manufacturer
shall affix a mark, image or impression of the
seal to the Certificate of Authorization to
Purchase a Notarial Seal and submit the
completed Certificate to the Executive Judge.
Copies of the Certificate of Authorization to
Purchase a Notarial Seal and the buyer's
commission shall be kept in the files of the
vendor or manufacturer for four (4) years after
the sale. .
(g) A notary public obtaining a new seal as a
result of change of name shall present to the
vendor a certified copy of the order confirming
the change of name issued by the Executive
Judge. .
RULE VIII
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. - The
notarial form used for any notarial instrument
or document shall conform to all the requisites
prescribed herein, the Rules of Court and all
other provisions of issuances by the Supreme
Court and in applicable laws. .
SEC. 2. Contents of the Concluding Part of the
Notarial Certificate. – The notarial certificate
shall include the following:
(a) the name of the notary public as exactly
indicated in the commission;
(b) the serial number of the commission of the
notary public;
(c) the words "Notary Public" and the province
or city where the notary public is
commissioned, the expiration date of the
commission, the office address of the notary
public; and
(d) the roll of attorney's number, the
professional tax receipt number and the place
and date of issuance thereof, and the IBP
membership number.
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES
PUBLIC
SECTION 1. Certificate of Authority for a
Notarial Act. - A certificate of authority
evidencing the authenticity of the official seal
and signature of a notary public shall be issued
by the Executive Judge upon request in
substantially the following form: .
CERTIFICATE OF AUTHORITY FOR A NOTARIAL
ACT
I, (name, title, jurisdiction of the Executive
Judge), certify that (name of notary public),
the person named in the seal and signature on
the attached document, is a Notary Public in
and for the (City/Municipality/Province) of the
Republic of the Philippines and authorized to
act as such at the time of the document's
notarization.chanrobles virtual law library .
IN WITNESS WHEREOF, I have affixed below
my signature and seal of this office this (date)
day of (month) (year).chanrobles virtual law
library
_________________
(official signature)
(seal of Executive Judge)
RULE X
CHANGES OF STATUS OF NOTARY PUBLIC
SECTION 1. Change of Name and Address. -
Within ten (10) days after the change of name
of the notary public by court order or by
marriage, or after ceasing to maintain the
regular place of work or business, the notary
public shall submit a signed and dated notice
of such fact to the Executive Judge.
The notary public shall not notarize until:
(a) he receives from the Executive Judge a
confirmation of the new name of the notary
public and/or change of regular place of work
or business; and
(b) a new seal bearing the new name has been
obtained.
The foregoing notwithstanding, until the
aforementioned steps have been completed,
the notary public may continue to use the
former name or regular place of work or
business in performing notarial acts for three
(3) months from the date of the change, which
may be extended once for valid and just cause
by the Executive Judge for another period not
exceeding three (3) months.
SEC. 2. Resignation. - A notary public may
resign his commission by personally submitting
a written, dated and signed formal notice to
the Executive Judge together with his notarial
seal, notarial register and records. Effective
from the date indicated in the notice, he shall
immediately cease to perform notarial acts. In
the event of his incapacity to personally
appear, the submission of the notice may be
performed by his duly authorized
representative. .
SEC. 3. Publication of Resignation. - The
Executive Judge shall immediately order the
Clerk of Court to post in a conspicuous place in
the offices of the Executive Judge and of the
Clerk of Court the names of notaries public
who have resigned their notarial commissions
and the effective dates of their resignation. .
RULE XI
REVOCATION OF COMMISSION AND
DISCIPLINARY SANCTIONS

SECTION 1. Revocation and Administrative
Sanctions. - (a) The Executive Judge shall
revoke a notarial commission for any ground
on which an application for a commission may
be denied. .
(b) In addition, the Executive Judge may
revoke the commission of, or impose
appropriate administrative sanctions upon,
any notary public who:
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in
his notarial register concerning his notarial
acts;
(3) fails to send the copy of the entries to the
Executive Judge within the first ten (10) days
of the month following;
(4) fails to affix to acknowledgments the date
of expiration of his commission;
(5) fails to submit his notarial register, when
filled, to the Executive Judge;
(6) fails to make his report, within a reasonable
time, to the Executive Judge concerning the
performance of his duties, as may be required
by the judge;
(7) fails to require the presence of a principal
at the time of the notarial act;
(8) fails to identify a principal on the basis of
personal knowledge or competent evidence;
(9) executes a false or incomplete certificate
under Section 5, Rule IV;
(10) knowingly performs or fails to perform
any other act prohibited or mandated by these
Rules; and
(11) commits any other dereliction or act
which in the judgment of the Executive Judge
constitutes good cause for revocation of
commission or imposition of administrative
sanction.
(c) Upon verified complaint by an interested,
affected or aggrieved person, the notary public
shall be required to file a verified answer to
the complaint. If the answer of the notary
public is not satisfactory, the Executive Judge
shall conduct a summary hearing. If the
allegations of the complaint are not proven,
the complaint shall be dismissed. If the
charges are duly established, the Executive
Judge shall impose the appropriate
administrative sanctions. In either case, the
aggrieved party may appeal the decision to the
Supreme Court for review. Pending the appeal,
an order imposing disciplinary sanctions shall
be immediately executory, unless otherwise
ordered by the Supreme Court.
(d) The Executive Judge may motu proprio
initiate administrative proceedings against a
notary public, subject to the procedures
prescribed in paragraph (c) above and impose
the appropriate administrative sanctions on
the grounds mentioned in the preceding
paragraphs (a) and (b). .
SEC. 2. Supervision and Monitoring of Notaries
Public. - The Executive Judge shall at all times
exercise supervision over notaries public and
shall closely monitor their activities. .
SEC. 3. Publication of Revocations and
Administrative Sanctions. - The Executive
Judge shall immediately order the Clerk of
Court to post in a conspicuous place in the
offices of the Executive Judge and of the Clerk
of Court the names of notaries public who
have been administratively sanctioned or
whose notarial commissions have been SECTION 1. Repeal. - All rules and parts of
revoked. . rules, including issuances of the Supreme
Court inconsistent herewith, are hereby
repealed or accordingly modified. .

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. .
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. .

RULE XII

SPECIAL PROVISIONS
SECTION 1. Punishable Acts. - The Executive
Judge shall cause the prosecution of any
person who:
Davide, Jr. C.J., Puno, Vitug, Panganiban,
Quisumbing, Ynarez-Santiago, Sandoval-
Gutierrez, Carpio, Austria-Martinez, Corona,
Carpio-Morales, Callejo, Sr., Azcuna and Tinga,
JJ. .

(a) knowingly acts or otherwise impersonates

a notary public;

(b) knowingly obtains, conceals, defaces, or

destroys the seal, notarial register, or official
records of a notary public; and

(c) knowingly solicits, coerces, or in any way

influences a notary public to commit official
misconduct.

SEC 2. Reports to the Supreme Court. - The

Executive Judge concerned shall submit
semestral reports to the Supreme Court on
discipline and prosecution of notaries public.

RULE XIII

REPEALING AND EFFECTIVITY PROVISIONS

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.
MARIA LOURDES P. A. SERENO
Chief Justice
ANTONIO T. PRESBITERO J.
CARPIO VELASCO, JR.
Associate Justice Associate Justice
TERESITA J.
ARTURO D.
LEONARDO-DE
BRION
CASTRO
Associate Justice
Associate Justice
 DISODADO M. LUCAS P.
PERLATA BERSAMIN
Associate Justice Associate Justice

MARIANO C. DEL ROBERTO A.

CASTILLO ABAD
Associate Justice Associate Justice

MARTIN S.
JOSE P. PEREZ
VILLARAMA, JR.
Associate Justice
Associate Justice

JOSE C. BIENVENIDO L.
MENDOZA REYES
Associate Justice Associate Justice

ESTELA M. PERLAS-BERNABE
Associate Justice

Footnotes

1
By virtue of the Supreme Court's
authority under Section 5 (5), Article
VIII, of the 1987 Constitution to
disapprove rules of procedure of
special courts and quasi-judicial
bodies.