NOTARIAL PRACTICE

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

2004 RULES ON NOTARIAL PRACTICE
 WHO CAN BE A NOTARY PUBLIC?
To be eligible as notary public, the petitioner:
(1) must be a citizen of the Philippines;
(2) must be over twenty-one (21) years of age;
(2) 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;
(3) 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
(4) must not have been convicted in the first instance of
any crime involving moral turpitude. (Rule III sec. 1)
 HOW TO APPLY?
File a petition for notarial commission in the Regional
Trial Court having jurisdiction of the place where you
intend to establish your office.
The Petition 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. (Rule III sec. 2)
 JURISDICTION AND TERM OF OFFICE
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. (Rule III sec. 11)
 NOTARIAL SEAL
After the summary hearing, the Executive Judge
shall forthwith issue a commission and a
“Certificate of Authorization to Purchase a
Notarial Seal” in favor of the petitioner. (Rule III
sec. 4)
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 (Rule III sec. 8)
Every person commissioned as notary public shall
have only one official seal of office (Rule III sec.
10)
SAMPLE
 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. (Rule III sec. 13)

In a Letter dated 4 September 2012, Atty. Noreen Grace

Salise-Gonzaga seeks a clarification on the requirements for
renewal of notarial commission, specifically Section 13 of
Rule III of the 2004 Rules on Notarial Practice. She avers
that the Clerk of Court in her judicial region "requires us to
comply with the provisions of Rule III, Section 2 all over
again, plus the requirement of Section 13.
 Bar Matter No. 2604
“For renewal of notarial commission, specifically under
Section 13, Rule III of the 2004 Rules on Notarial Practice,
aside from payment of the application fee, a notary public
needs only to file a written application with the Executive
Judge within forty-five (45) days before the expiration of
the notarial commission, attaching thereto clearances from
the following:
• (1) Executive Judge of the Regional Trial Court who will
issue the notarial commission;
• (2) Office of the Bar Confidant;
• (3) Local Chapter of the Integrated Bar of the Philippines
where the applicant is seeking notarial commission; and
• (4) National Bureau of Investigation.
NOTARIAL REGISTER
 ASSIGNMENT
• What are the notarial acts that a notary public is
empowered to perform? Write an example of the
notarial certification for each.
• Can you notarize a document that is signed by a
thumbmark? Write an example of the notarial
certification (e.g. SPA to sell real property)
• How about a person who is incapable of signing
or making any mark? Write an example of the
notarial certification (e.g. Deed of Sale of Real
Property)
 ASSIGNMENT
• The general rule is, you can only perform your
notarial acts at your office; what are the
exceptions to this rule?
• What are the circumstances that a notary
public is disqualified in performing notarial
act?

Place it in a yellow pad and submit it until

Wednesday, April 25, 2018 to Rizza.