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; 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:

(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 -
chan robles virtual law library
(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:

(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:

(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:

(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:

(1) must be a citizen of the Philippines; chan robles virtual law library
(2) must be over twenty-one (21) years of age; chan robles virtual law library
(3) must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the
city or province where the commission is to be issued; chan robles virtual law library
(4) must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the
Supreme Court and the Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance of any crime involving moral turpitude.

SEC. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial commission shall be in writing, verified,
and shall include the following:

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

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

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

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

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

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

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

(b) the petitioner proves the allegations contained in the petition; and
(c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood these Rules.
The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor
of the petitioner. chan robles virtual law library

SEC. 5. Notice of Summary Hearing. -

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

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

NOTICE OF HEARING

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

_____________________
Executive Judge

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

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

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ______________

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

________________________
Executive Judge

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

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

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.chanrobles virtual law library chan robles virtual law library

Issued this (day) of (month) (year).

________________________
Executive Judge

SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall have only one official seal of office
in accordance with these Rules.

SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may perform notarial acts in any place within the
territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of the year
in which the commissioning is made, unless earlier revoked or the notary public has resigned under these Rules and the
Rules of Court. chan robles virtual law library

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

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

(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats; chan robles virtual law library
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.

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

(1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected
witnesses to the instrument or document;
(2) both witnesses sign their own names in addition to the thumb or other mark;
(3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of signatory by mark) in
the presence of (names and addresses of witnesses) and undersigned notary public"; and 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:

(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:

(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:

(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:

(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.
chan robles virtual law library
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 robles virtual law library

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:

(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:

(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:

(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.chanrobles virtual law library chan robles
virtual law library

IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) day of (month)
(year).chanrobles virtual law library chan robles 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.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:

(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:

(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.

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.

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.

Manila, November 13, 2012.