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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, such as
but not limited to, passport, driver’s license, Professional Regulations
Commission ID, National Bureau of Investigation clearance, police
clearance, postal ID, voter’s ID, Barangay certification, Government
Service and Insurance System (GSIS) e-card, Social Security System
(SSS) card, Philhealth card, senior citizen card, Overseas Workers
Welfare Administration (OWWA) ID, OFW ID, seaman’s book, alien
certificate of registration/immigrant certificate of registration,
government office ID, certification from the National Council for the
Welfare of Disable Persons (NCWDP), Department of Social Welfare
and Development (DSWD) certification; or (A.M. No. 02-8-13-SC
February 19, 2008)
(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.
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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.
_____________________
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
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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.
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.
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.
SEC. 14. Action on Application for Renewal of Commission. - The
Executive Judge shall, upon payment of the application fee mentioned
in Section 3 above of this Rule, act on an application for the renewal of
a commission within thirty (30) days from receipt thereof. If the
application is denied, the Executive Judge shall state the reasons
therefor.
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
SECTION 1. Powers. - (a) A notary public is empowered to perform the
following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(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
(4) the notary public notarizes the signature by thumb or other
mark through an acknowledgment, jurat, or signature witnessing.
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(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.
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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.
(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.
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.
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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
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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.
IN WITNESS WHEREOF, I have affixed below my signature and seal of
this office this (date) day of (month) (year).
_________________
(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
8
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
 9

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.
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.

(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
revoked.

SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling

the obligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the
Executive Judge, upon being notified of such death, shall forthwith
cause compliance with the provisions of these sections.

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;

(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.
 10

EFFICIENT USE OF PAPER RULE (A.M. NO. 11-9-4-SC)
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
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.

b) All decisions, resolutions and orders issued by courts and quasi- Manila, November 13, 2012.
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.

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 coming 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
11
(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' documentary 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.
12
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.
 13

(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.