With the

2 0 0 4 Rules on Notari
A.M . No. 02^8-13
(Effective August 1,

JUSTICE REGALADO E. MAAMl

Member
Supreme Court Sub-Committee on
Revision of Rules Governing
Notaries Public

A PRIMER ON THE RULES

OF NOTARIAL PRACTICE
(Supreme Court A.M. No. 0 2 -8 1 3 -S C , Effective
August 1, 2 0 0 4 )

PART ONE
BASIC CONCEPTS

What are the purposes of the Notarial Law?

(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.2, Rule I)
What is the meaning of acknowledgment?
It 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. 1, Rule II)

Basic Concepts

Whit I* a Jurat?
"Jurat" rotors to an act in which an individual on a single occasion:

(a) appears In person before the notary public and presents an

instrume
nr document;
\
(b) is personally known to the notary public or identified bythe notary
public through competent evidence of identity as defined by these
Rules;
(u) signs the instrument or document in the presence of the notary; and
(rl) Uikos an oath or affirmation before the notary public as to such
Instrument or document. (Sec. 6, Rule II)

4.

What is a Notarial Certificate?

Notarial Certificate refers to the part of, or attachment to, a notarized
In&lmmont or document that is completed by the notary public, bears the
mituty.s signature and seal, and states the facts attested to by the notary
public in a particular notarization as provided for by the rules. (Sec. 8, Rule
I!)
The Notarial Certificate shall include the following:
i)
b)
oj

d)

I.

the name of the notary public as exactly indicated in the commission;

tho serial number of the commission of the notary public;
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
the* roll of attorneys number, the professional tax receipj: number and
the place and date of issuance thereof, and the IBP membership
number. (Sec. 2, Rule VIII)

WhM l* ft notarial register?

"Notarial Register refers to a permanently bound book with
fttintofred pages containing a chronological record of notarial acts
pffformod by a notary public (Sec. 5, Rule II)

Basic Concepts

6.

What is the meaning of official seal?

Official seal refers to circular metal device, two inches in
diameter containing the mark, image o r impression of the name of the
city/province where the commission is issued and the word Philippines and
the notary public's name on the margin and the roll of attorneys number on
the face thereof, with the words notary public across the center, affixed
on all papers officially signed by the notary public. (Sec. 13, Rule II)

Who is a principal?
Principal refers to a person appearing before the notary public
whose act is subject of the notarization. (Sec. 10, Rule II)

H. What is considered competent evidence of identity?

Identification of an. individual based on:
(a) at least one current identification document issued by an official
agency bearing the photograph and signature of the individual; or
(b) the oath or affirmation of one credible witness not privy . to the
instrument, document or transaction who is personally known to the
notary public and who personally knows the individual, or of two
credible witnesses neither of whom is privy to the instrument
document or transaction who each personally knows the individual and
shows to the notary public documentary identification. (Sec. 12, Rule II)

PART TWO
THE NOTARY PUBLIC
ITTINO STARTED

h What aro the qualifications to he commissioned

Qualifications under the
2004 Rulos On Notarial Practice
>
>
>

>

>

must be a citizen of the

Philippines;
must be over twenty-one
(?1) years of age;
mur.t 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;
must be a member of the
Philippine
Bar
in
good
standing w ith ' clearances
from the Office of the Bar
Confidant of the Supreme
Court and the Integrated Bar
of the Philippines; and
must
not
have
been
convicted in the first instance
of any crime involving moral
turpitude. (Sec. 1, Rule III)

notary public?

Qualifications under the Old Law

must be a citizen of the

Philippines;
must" be over twenty-one (21)
years of age;
No residency requirement who
has been admitted to the
practice of law or has completed
and passed the examination for
the office of justice of the peace
or clerk or deputy clerk of court
or be a person who has at some
time held the office of clerk of
court or deputy clerk of court for
a period of not less than two
years, or a person who had
qualified for the office of notary
public
under
the
Spanish
sovereignty. In chartered cities
and provincial capitals where
there are two or more lawyers
appointed as notaries public, no
person other than a lawyer of a
person who had qualified to hold
the office of notary public

The Notary Public

>

>

under the Spanish sovereignty.

In
chartered
cities
and
provincial capitals where there
are two or more lawyers
appointed as notaries public, no
person other than a lawyer of a
person who had qualified to
hold the office of notary public
under the Spanish sovereignty
shall hold said office.
In
municipalities
or
municipal
districts wherein no person
reside having the qualifications
who specified, or having them,
refuse to hold such office,
judges of first instance may
appoint
other
persons
temporarily to exercise the
office of the notary public who
have the requisite qualification
of fitness and morality. (Sec.
232, Rev. Adm. Code)
No person shall be appointed
as notary public who had been
convicted of any crime involving
moral turpitude. (Sec. 234, Rev.
Adm. Code)

The Notary Public

i What are the procedures to be followed in applying for a notarial

fem m ifcsion?
10.1, Form of Petition and Supporting Documents (Sec, 2, Rule 111)
What should be stated and included in the petition for notarial
commission?
Every petition for a notarial commission shall be in writing,
verified, and shall include the following:

(u) a statement containing the petitioners personal qualifications,

including the petitioners 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;
(t:) 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. 2, Rule III)
10.2. Opposition to Petition, if any (Sec. 6, Rule III)
When and How the petition for notarial commission be
opposed.
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 thii summary hearing. (Sec. 6, Rule Ml Opposition to Petition)

The Notary Public

Note: There is no form but it should comply with the rules on

pleadings because it is a court document
0.3. Payment of Application Fee (Sec. 3, Rule 111)
How much is the application fee for a notarial commission?
Every petitioner for a notarial commission shall pay the
application fee as prescribed in the Rules of Court. Under Rule 141,
Sec. 7 (i) of the Rules of Court as amended by A.M.No.04-2-04-SC,
effective August 16, 2004, the application fee for commission as
notary public is Two Thousand Pesos (P2,000.00).
0.4. Notice of Summary Hearing (Sec. 5, Rule HI)
Is notice of summary hearing required?
Yes. Under Sec. 5, Rule ill of the 2004 Rules on Notarial
practice, the notice of summary hearing shall b6 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.
Is there a required form for notice of hearing?
There is none but the notice shall be substantially in the
following form {Sec. 5, Rule 111):
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

The Notary Public

feftsftn to object to the grant of the petition may file a verified written
opposition thereto, received by the undersigned before the date of
ttiH Mimmaiy hearing.

Executive Judge
Summary Hearing on the Petition (Sec. 4, Rule III)
When is the petition for a notarial commission granted?
The Executive Judge shall conduct a summary hearing on
Iho 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. 4, Rule III)

10.ft. Form Notarial Commission (Sec. 7, Rule III)

The Executive judge shall issue a formal order signed by
him/her and substantially in the following form: (Sec. 7, Rule 111)
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF _ _ _ _ _ _ _ _
t his is to certify that (name of notary public) of (regular place
of work oi business) in (city or province) was on this (date) day of

'The Notary Public

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) and to purchase a
notarial seal.
Issued this (day) of (month) (year)

Executive Judge
10.6. Form of Certificate of Authorization to Purchase
(Sec. 9, Rule III)

Notarial Seal

The Certificate of Authorization to Purchase a Notarial Seal

shall substantially be in the following form: (Sec. 9, Rule III)

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

10.7 Period of Validity of Certificate of Authorization to Purchase a

Notarial Seal (Sec. 8, Rule III)

The Notary Public

For how long is the Certificate of Authorization to

Purchase a Notarial Seal valid?
Ihe Certificate of Authorization to Purchase a Notarial Seal
iR v*ilid for a period of three (3) months from date of issue, unless
FixtsHidod by the Executive Judge. (Sec. 8, par. 1, Rule 111)
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.

PERFORMING THE DUTIES OF A NOTARY PUBLIC

11, Jurisdiction and Term (Sec. 11, Rule III)

What is the territorial jurisdiction and term of a notarial
nommlHKlon?
Jurisdiction of Notaries Public
under the ?004 Rules On Notarial
Practice
_
__
A person commissioned as notary
public may perform notarial acts
ih Bny place within the territorial
jurisdiction of the commissioning
cour! for a period of two (2) years
commencing the first day of
Jtimuiry uf the year in which the
etinmiibsioning is made, unless
tartlet revoked or the notary
public has resigned under these
N u lti find the Rules of Court.
11, Rule III) ____________

10

Jurisdiction of Notaries Public

under the Old Law
The jurisdiction of a notary public
in a province shall be co
extensive with the province. The
jurisdiction of a notary public in
the City of Manila shall be co
extensive with said city. No notary
shall possess authority to any
notarial act beyond the limits of
his jurisdiction. [Sec. 240, Rev.
Adm. Code]

The Notary Public

Powers and Limitations of Notaries Public (Sec. 1, Rule IV)

Powers of Notaries Public under the
2004 Rules On Notarial Practice
(a) A notary public is empowered to
perform the following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessing;
(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

Powers of Notaries Public

under the Old Law
Every notary public shall have
power to:
(1) administer all oaths and
affirmations provided for by
law, in all matters incident to
his notarial office, and in the
execution
of
affidavits,
deposition
and
other
documents
requiring
an
oath;
(2) to receive the proof or
acknowledgement
of all
writings
relating
to
commerce or navigation,
such as bill of exchange,
bottomries, mortgages, and
hypothecations of ships,
vessels, or boats, charter
parties or affreightments,
letters of attorney, deeds,
mortgages, transfers and
assignments of land or
buildings, or an interest
therein, and such other
writings as are commonly
proved or acknowledged
before notaries; and

'I'he N otary Public

by (norm; of signatory by mark) (3) such other writings as are

in thn ptoscnce of (names and
commonly
proved
or
mJdmssns of witnesses) and
acknowledged before notaries;
undersigned notary public"; (4) to act as magistrate in writing
cn1
of affidavits or depositions, and
to make declarations and
(4) thn notary public notarizes the
certify the truth thereof under
fiiyiiatiue by thumb or other
his seal of office, concerning
rmuk
through
an
all matters done by him by
acknowledgment,
jurat,
or
virtue of his office. (Sec. 241,
signature witnessing.
Rev. Adm. Code)
(a) A notaiy public is authorized to
sign on behalf of a person who is
physically unable to sign or make
u murk on an instrument or
document if:
( I ) tho notary public is directed by
the person unable to sign or
make a mark to sign on his
byhalf;
the signature of the notary
public
is affixed
in the
presence of two disinterested
and unaffected witnesses'1 to
tho instrument or document;
(3) both witnesses sign their own
n a m e s;
(4) tho notary public writes below
his
signature:
Signature
affixed by notary in presence
of (names and addresses of
person and two [2] witnesses)1;
and

12

The Notary Public

(5)

the notary public notarizes

his
signature
by
acknowledgment or jurat,
(Sec. 1, Rule iV)

13 Prohibitions (Sec. 2, Rule IV)

What are the prohibitions imposed by law on the performance
of a notarial commission and what are the exceptions?
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 piaces for the signing of
instruments or documents requiring notarization;
(:-i) hospitals and other medical institutions where a party to an instrument
or document is confined for treatment; and
{A) any place where a party to an instrument or document requiring
notarization is under detention. (Sec. 2, Rule IV)
A person shall not perform a notarial act if the person involved as
hicjnatory to the instrument or document.
(1) is not in the notary's presence personally at the time of the notarization;
and
(J) 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. 2, Rule IV)
(A Disqualifications (Sec. 3, Rule IV)
When is a notary public disqualified from
notarial act?

13

performing a

The Notary Public

A nnitiiy public is disqualified from performing a notarial act if he:

(g) in [wiity to the instrument or document that is to be notarized;
j
(b) will receive, as a direct or indirect result, any commission, fee,
advantage, right, title, interest, cash, property, or other consideration,
oxcupl as provided by these Ruies and by law; or
(c) it* a spouse, common-law partner, ancestor, descendant, or relative by
iilfinity or consanguinity of the principal within the fourth civil degree.
(Sec. 3, Rule IV)
'
11, Instances when a Notary Public can legally refuse to notarize
documents (Sec. 4, 5 and 6, Rule IV)
When can a notary public legally refuse to notarize a document?
A notary public shall not perform any notarial act described in these '
Ri i Iok for any person requesting such an act even if he tenders the
appropriate fee specified by these Rules if:
(fi) 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
(e) in the notary's judgment, the signatory is not acting of his or her own
fruo will. (Sec. 4, Rule IV)
Improper Instruments or Documents. A notary public shall not
rm tifte e :
' (B) a blank or incomplete instrument or document; or
1 (1) ih instrument or document without appropriate notarial certification,
(ie c . (5, Rule IV; false or incomplete information, see Sec 5, Rule IV)
11? P i i i * (Sections 1,2, 3, 4 and 5, Rule V)
f l I h i r t a limit on the fee that a notary public may charge?

14

The No tan/ Public

I or 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. 1. Rule V)

Under Sec. 12, Rule 141 of the Rules of Court as amended by

A.M.No.Q4-2-04-SC, effective August 16, 2004 the following are the
prescribed schedule of fees:
r
,
(a) For protests for drafts, bills of exchange, or promissory notes for nonacceptance or non-payment, and for notice thereof, ONE HUNDRED
(P100) PESOS;
(b) For the registration of such protest and fiiing or safekeeping of the
same, ONE HUNDRED (P100) PESOS;
(<-,) For authenticating powers of attorney, ONE HUNDRED (P100)
PESOS;
(d) For sworn statement concerning correctness of any account or other
document, ONE HUNDRED (P100) PESOS;
(') For each oath of affirmation, ONE HUNDRED (P100) PESOS;
(I) For receiving . evidence of indebtedness to be sent outside, ONE
HUNDRED (P100) PESOS;
{<!) For issuing a certified copy of all or part of his notarial register or
notarial records, for each page, ONE HUNDRED (P100) PESOS;
(h) For taking depositions, for each page, ONE HUNDRED (P100)
PESOS; and
(0 For acknowledging other documents not enumerated in this section,
ONE HUNDRED (P100) PESOS.
f ; Notarial Register and Entries (Rule 1, 2, & 3}
17.1. Form. What is a Notarial Register?
It is a permanently bound book with numbered pages
containing the chronological official notarial register of notarial acts
which a notary public shall keep, maintain, protect and provide for
lawful inspection: (Sec.1, [a] par. 1, Rule VI)

15

The Notary Public

I f W h e r e can you obtain a notarial register?

At the Office of the Solicitor Genera! upon request and upon
payment of the cost thereof. The register shall be duly paged, and on
tin? Iirst page, the Solicitor Genera! shall certify the number of pages
of which the book consists. (Sec. 1, Par. 2, Rule VI)
17,3= How many notarial register can a notary public keep?
A notary public shall keep only one active notarial register at
nny given time. (Sec. 1 [b]t Rule VI)
17,4. Entries in the Notarial Register (Sec. 2, Rule VI; Sec. 3, Rule IV)
What notarial acts are required to be recorded in the notarial
register?
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)
(2)
(3)
(4)

the entry number and page number;

the date and time of day of the notarial act;
the type of notarial act;
the title or description of the instrument, document dr
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;
.
(/) the name and address of each credible witness
swearing to or affirming the persons identity;
(8) the tee charged for the notarial act;
(U) the address where the notarization was performed if not
tn the notarys regular place of work or business; and
(10)miy other circumstance the notary public may deem of
aiy nil inn nee or relevance.

16

The Notary Public

A notary public shall'record in the notarial register the reasons

and circumstances for not completing a notarial a ct

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.

T)ie Notary Public.

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.

17 J . Signatures and Thumbmarks (Sec. 3, Rule IV)

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) credibfe 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.
17.6, Loss, Destruction or Damages of.Notarial Register
W hat to do in case of loss, destruction or damage of Notarial
Register
(n) 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
Hlso provide a copy or number o f any pertinent police report.
(Soc. b, par. 1, Rule V!)

The Notary Public

17.7, Inspection, Copying and Disposal or Access to Any Entry in the

Notarial Register
Is the notarial register subject to inspection? Who can inspect
and when?
(a) In the notarys 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 pubiic
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,
.
I , When can a notary public deny access to any entry or entries in
the notarial register?
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. 4, Rule Vi)
lal Signature
HiW find when shall a notary pubiic sign an instrument or document?

The Notary Public

In notAri/irnj a paper instrument or document, a notary public shall;
{n) sign by hand on the notarial certificate only the name indicated and
uti appearing on the notary's commission;
(b) not sign using a facsimile stamp or printing device; and
(O nffix his official signature only at the time the notarial act is
performed. (Sec. 1, Rule VII)
11, Tho Official Seal
Official Seal of Notary Public - Every person commissioned ai
notary public shall have only one official seal of office in accordance witf
thMse Rules. (Sec. 10, Rule III)
Official Seal (Sec. 2, Rule VII)
Official Seal (Notarial Seal) under
Hiu 2004 Rules On Notarial
Practice
person commissioned as
notary public shall have a seal of
fflcti, to be procured at his own
expense, which sh a ll. not be
possessed or owned by any other
person It shall be o f metal,
tlfCUlar In shape, two inches in
diameter, and shall have the
name of the city or province
and th word Philippines and
h ii own name on the margin
antJ {he roll of attorney's
ibor on the face thereof.
With th words "notary public'
U re a s the center, A mark,
or Impiession of such seal
ffllll b rrmde directly on the
p ip t f or pnrchmnnt on which the
Wfltlng appears (Sec. 2 [a], Rule
tM )_ ;
................................. _

Official Seal (Notarial Seal) under the]

Old Law
Every person commissioned as
notary public shall have a seal of
office, to be procured at his own
expense, which shall be affixed to
papers officially signed by him. It
shall be of metal and shall have
the name of the province and the
words Philippines and his own
name engraved on the margin
thereof, and the words Notary
Public across the center. An
impression of such seal directly on
the paper or parchment on which
the writing is had shall be as valid
as if made on wax or wafer. (Sec.
244, Rev. Adm. Code)

20

The Notary Public

in.1. When Official Seal can be affixed ?

The official sea] 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. (Sec. 2 [b],
Rule VII)
Sea! Image. The notary public shall affix a single, dear, 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. 3, Rule VII)
19.2. Where should the official seal be kept?
When not in use, the official seal shall be kept safe and secure
and shall be accessible only to the notary public or the a person duly
authorized by him. (Rule VII, Sec. 2 [c])
19 3. What should the notary do if his official sea! is stolen,
lost, damaged or otherwise rendered unserviceable?
Within five (5) days after the official seal of a notary public is stolen,
tost, 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.
( hereafter, the Executive Judge shall issue to the notary pubiic a new
Certificate of Authorization to Purchase a Notarial Seal. (Sec. 2 [d],
Rule VII)

21

The Notary Public

10, Notarial Certificates

20,1

What should be stated in a Notarial Certificate?

I

he* notarial certificate sha!! 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. (Sec. 2, Rule Viil)
20 2, What are the prohibitions imposed by law regarding notarial
certificate?
A notary public shall not:
( m) execute a certificate containing information known or believed by
the notary to be false;
' ,
(b ) affix an official
signature or sea! on anotarial certificate
.incomplete. (Sec. 5, Rule IV)

22

PART THREE
CHANGE OF STATUS, RESIGNATION, RENEWAL,
REVOCATION OF COMMISSION, DISCIPLINARY SANCTIONS

11 Change of Status and Address

21.1. What to do in the event of 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:

[
r
I
I

(a) he receives from the Executive Judge a confirmation of the new

name of the notary pubiic and/or change of regular place of work
or business; and
(b) a new sea! bearing the new name has been obtained.
The foregoing notwithstanding, until the aforementioned steps
have beeh 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. 1,
Rule X)
Resignation

r f r 12.1 What to do in the event of resignation as a notary public?

f i

23

( hfuitfi: of Status, Resignation, Renewal, Revocation of

Commission, Disciplinary Sanctions
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.
I Ifective from the date indicated in the notice, he shall immediately
eoase to perform notarial acts. In the event of his incapacity to
personally appear*.the submission of the notice may be performed
by his duly authorized representative. (Sec. 2, Rule X)

22.2 Publication Requirement

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. (Sec. 3, Rule X)
2 . 1 Rtmewal of Commission
23.1. When should a notary public apply for the renewal of his
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 pubiic 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. (Sec. 13,
puts. 1 and 2, Rule III)

212, Action on Application for Renewal of Commission

I ho l-'xecutive Judge shall upon payment of the application fee
mentioned in Section 3 of the rule, act .on the application for the
renewal ut ci commission within thirty (30) days from receipt thereof.
If the application is denied, the Executive Judge shall state the
rtaeeng thoioloio. (Sec. 14, Rule HI)

24

Change o f Status, Resignation, Renewal, Revocation o f

Commission, Disciplinary Sanctions
b Nwvocation of Commission and Administrative Sanctions
24 1. What are the grounds to revoke notarial commission and
administrative sanctions?
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.

25

t hmigc o f Status, Resignation., Renewal, Revocation o f

Commission, Disciplinary Sanctions

(<:) 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.

OF AN EXECUTIVE JUDGE UNDER THE 2004 RULES ON NOTARIAL

PRACTICE
!6 Main Duties
What are the main duties of the Executive Judge and Office of
the Court Administrator in relation to the register of notaries public?
26.1, Maintain a Register of Notaries Public

(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 (bj. (Sec. 1, Rule XI)

24,2. 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. 2, Rule XI) See
discussion under Revocation of Commission.
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
lueeutlve Judge, upon being notified of such death, shall forthwith
l i U i e compliance with the provisions of the Rules. (Sec. 4, Rule XI)

26

The Executive Judge shall keep and maintain a Register of

Notaries Pubiic 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, completeand updated database of such records. (Sec.
12, Rule III)
26.2. Grant authority to sell to the vendor or manufacturer of
notarial seals
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
shail charge an authorization fee in the amount of PhP4,000 for the
vendor and PhP8,000 for the manufacturer. If a manufacturer is
also a vendor, he shall only pay the manufacturer's authorization
fee. (Sec. 4 [b], Rule VII)

27

I hihes of an Executive judge under the 2004 Rules on Notarial Practice

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. (Sec. 4
lc], Rule VI!)
28.3. Prosecution of Complaints Related to Notary Public. The
Executive Judge shall cause the prosecution of any person
who:
(a) knowingly acts or otherwise impersonates a notary pubiic;
(b) knowingly obtains, conceals^, defaces,. or destroys the sea
notarial register, or official records of a notary public; and
(c) knowingly solicits, coerces, or in any way influences a notar
public to commit official misconduct. (Sec. 1,. Rule XII)
26.4. 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. 2, Rule
XI)
f 1, OTHER DUTIES

27.1. Reports to the Supreme Court. - The Executive Judge

concerned shall submit semeStral reports to the Supreme
Court on discipline and prosecution of notaries public. (Sec.
2, Rule XII)
i
27.2. Information and Data to the Office of the Court
Administrator. The Executive Judge shall furnish the Office
of the Court Administrator information and data recorded in
the register of notaries public.
( I , U TIE8 OF COURT ADMINISTRATOR
W N t are the duties of the Court Administrator?
The Office of the Court Administrator shall keep a permanent,
SSmpiite and updated database of such records. (Sec. 12, Rule III)

28

PART FIVE
VENDOR OR MANUFACTURER OF NOTARIAL SEALS
I , 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. (Sec. 4, Rule VII)
29.1. Procedure
(a) 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 PhP4,000 for
the vendor and PhP8,000 for the manufacturer. If a manufacturer
is also a vendor, he shall only pay the manufacturer's
authorization fee.
19.2. Effectivity
(b) 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.
29.3. Selling
(c) 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 Sea! 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.

29

Vendor or Manufacturer o f Notarial Seals

2D.4. Only One Seal

(d) Only one seal may be sold by a vendor or manufacturer for each
Certificate of Authorization to Purchase a Notarial Seal.
29.6. AfterSale
(e) 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 saie.
29,6. In Case of Change of Name.
(f) 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

30

PART SIX

COMMISSIONING AND NOTARIAL ACTS WITH

SUGGESTED FORMS

{Suggested by Justice Regalado E. Maambong)

Form of Petition and Supporting Documents
(Sec. 2, Rule ill [Commissioning of Notary Public])

IN THE PETITION FOR COMMISSION

AS NOTARY PUBLIC IN AND FOR
THE CITY OF MANILA
JUAN DELA CRUZ
Petitioner

PETITION FOR COMMISSION

AS NOTARY PUBLIC
litloner, to this Honorable Court, respectfully alleges that:
Hi* is of legal age; having been born on January 2, 1972, married, Filipino
t.ili/en, presently residing at No. 32 Gelinos Street, Sampaloc, Manila, with
Muphone No. 520-00-11 with business postal address at 2/F Sky Tower,
f rrmta, Manila. The location sketch of the petitioners office is attached
and marked as Annex A hereof;

31

Commissioning and Notarial Acts with Suggested Forms

1le has been admitted to the practice of taw in the Phiiippines as shown b
the Certificate of Admission to the Philippine Bar, which contains th
petitioner's Roll, of Attorney No. 1234.
A copy of the Certificate c
Admission to the Philippine Bar is attached and marked as Annex UB
hereof;
Ho is a member of good standing of the Philippine Bar as shown by th
clearance issued by the Office of the Bar Confidant-of the Supreme Cour
a copy of which is attached and marked as Annex C hereof;
Ho is likewise a member of good standing of the integrated Bar of th]
Philippines. A copy of the receipt showing payment of the correspondinj
cut rent membership dues is attached and marked as Annex D hereoj
Also attached and marked herewith as Annex E is the Certificate
petitioners good moral character issued by-Attys.____ a n d __Presided
and Secretary, respectively, of IBP Manila Chapter lit;
Ho has paid his professional tax for the year 2005 as shown by tt
Professional Tax Receipt No. 12345 dated January 4, 2005 issued by
City of Manila which is attached and marked as Annex UF hereof;
His l ax identification No. (TIN) is 222-111-00;
I to has all the qualifications and none of the disqualifications for the Offic
of Notary Pubiic;
t
Hi? has never been charged nor convicted of any crime involving mor^
turpitude;
H i has no commission as notary public in any other jurisdiction;
H i ha i ill ached hereto in a separate sheet of paper specimen of hi
o fficii! signatures and marked as Annex G and made an integral pa|
Hftftof; and

32

Commissioning and Notarial Acts with Suggested Forms

[1 llo has likewise attached hereto his three (3) passport size color
photographs each bearing his signature on the bottom part thereof.

WHEREFORE, petitioner respectfully prays that he be granted a notariat

commission in and for the City of Manila for the year 200_ and for the term
ending December 31, 200^, and that he accordingly be issued a Certificate
of Authorization to Purchase a Notarial Seal.
Manila, 05 January 200__.
JUAN DELA CRUZ
Petitioner

VERIFICATION

Republic of the Philippines)

City of Manila
) SS
I, JUAN DE LA CRUZ, Filipino, of legal age, married and a resident
nl _______ after having been duly sworn to in accordance with law,
hereby depose and say:
1.
2.
3.

That I am the petitioner in the above-entitled petition;

That I prepared the contents thereof; and
That to the best of my personal knowledge all the
allegations therein are true and correct.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

_ day o f _________ , 200_, in the City of Manila, Philippines.

JUAN DE LA CRUZ
Petitioner-Affiant

33

( 'nunMissioning and Notarial Acts with Suggested form s

SUBSCRIBED AND SWORN TO before me in the City of Manila

th ii
day o f ________ , 200_ by JUAN DELA CRUZ, personally known to
me who ib the same person who personally signed before me the foregoing
petition sind acknowledged that he executed the same.

Notary Public
Until December 31, 20G
PTR # 1234/Manila/Jan. 5, 2 00
Roll of Atty. No. _
IBP N o ._______
(Address o f Notary Public)

pot: No

1;

F ig n No

1;

look No

I;

o f ? ()0 _ .

(Nete If ttie petitioner-affiant is not personally known to the Notary Public,

i l h i r appropriate Jurat forms will be used.(refer to the different oath or
itflffriution forms which will follow]

If the identity of the petitioner-affiant is not personally known to

Notary Public or
not through a valid ID but through one or twoidentifyin
irtd ib lo witness/es, the oath or affirmation of the witnesses will be added
teth e Jm a t.
I
he question is: will the oath or affirmation of the witnesses
to b notnn/od, or is the signature of the Notary Public in the certification
th it tbg witnesses avowed under penalty of the law to the whole truth of
lh fHpntentfi of ttieir oath or affirmation enough?).
N,0. A copy of the proof of payment of the filing fee should be
ip f lif t d id
to the
Petition for Commission/Appointment. Observe
ffijU ifim e n m of a pleading as to size of paper, margin, spacing, etc.

34

Commissioning and Notarial Acts with Suggested Forms

1 Notice of Hearing (Sec. 5, Rule HI, form included in the Rules)

|1 Opposition to Petition
{Sec. 5, Rule II!, Comment: no form is
necessary but it must conform to the rules on pleading)
||

I orm of Notarial Commission (Sec 7, Rule SIS, form included in the

Mutes)

M Certificate of Authorization to Purchase a Notarial Seal (Sec, 9, Rule

III, form included in the Rules)
;. Certificate of Authority to Sell/Manufacture Notarial Sea! (Sec. 4 [b],
Rule VN)
This Certificate of Authority to selI/manufacture notarial seal is
Itrioby granted to NOTARIO & SONS, INC., after verification and
investigation of its qualifications conducted after filing of its written
application and payment of the application fee. This authority is effective
upon payment of the vendor/manufacturer authorization fee and shall be in
fftict for a period of four (4) years from the date of issuance which may be
r ^ renewed for a similar ;period upon payment of the authorization fee.
'[f>
yi
City of Manila, Philippines,_________ , 200__.
U

JUAN DE LA CRUZ
Executive Judge
It Cortificate of Authority for a Notarial Act Evidencing the Authenticity
fit the Official Seal and Signature of Notary Public (Sec. 1, Rule IX,
form included in the Rules)

NOTARIAL ACTS
'* What are Notarial Acts.

35

c 'oHunissummg and Notarial Acts with Suggested form s

1 Acknowledgment (Sec. 1, Rule II);

2 Jurat (Sec. 6, Rule II);
3: Affirmation or Oath (Sec. 2, Rule II);
4. Copy Certification (Sec. 4, Rule II);
ft Signature Witnessing (Sec. 14, Rule I I ) ;
Certificate to the Affixing of Signature by Thumb or Other Mark on
Instrument or Document for Notarization (Sec. 1 [b], Rule IV);and
1 Authority of Notary Public to Sign on Behalf of a Person Physically
Unable lo Sign or Make a Mark on Instrument or Document. (Sec. [cl
R ijIo IV)
}|

Provision Applicable to Acknowledgment

Evidence of Identity (Sec. 12, Rule II)

or

Jurat

Competentj

I ! Acknowledgment (Section 1, Rule li)

A. Principal Personally Known to Notary Public or With Valid ID.
39.1

First Form; Principal personally known to Notary Public

BEFORE ME, a Notary Public in and for the City o^
Manila, this 4th day of November, 200_, personally appearec
JUAN DELA CRUZ, personally known to me to be the persor
who voluntary executed the foregoing (name o f document) which]
he acknowledged before me as his free and voluntary act am
deed and that of (name of principal) whom he represents as
his/its (Attorney-in-fact/Chairman/President/General Manager\
with full authority to sign in that capacity.
WITNESS MY HAND AND SEAL, this 4th day o\
November, 200_ in the City of Manila.
Notary Public
Until December 31, 200_
PTR No. 12345; Manila, January 3, 200_
Rot! of Attorney N o._______________
IBP No.
;
-

36

Commissioning and Notarial Acts with Suggested Forms

Doc. No. 1;
Page No. 1;
Book No. I;
Series of 200__.
ISSUE

: Is the oath or affirmation of the principal still

required?
OPINION : No, he already signed the main document and he
is known to Notary Public
39.2

Second Form: With Valid ID (Principal identified by the

Notary Public through one current identification document
issued by an official agency bearing the photograph and
signature of the individual like drivers license, passport,
etc.)
BEFORE ME, a Notary Public in and for the City of
Manila, this 4th day of November 200_, personally appeared
JUAN DELA CRUZ, who has satisfactorily proven to me his
identity through his Non-Professional Drivers License No. 12345
valid until December 5, 200_, that he is the same person who
executed and voluntarily signed the foregoing (name of
document) which he acknowledged before me as his own free
and voluntary act and deed and that of (name o f principal)
whom
he
represents
as
his/its
(Attorney-infact/Chairman/President/General Manager) with full authority to
sign in that capacity.
ISSUE

: Is the oath or affirmation of the principal still

required?
OPINION : No, he already signed the main document, and he
has a valid ID.
I,

Principal not Personally Known to Notary Public & With no valid

ID.
39.3 Third Form: Principal identified by one credible witness.
Requirements: (1) the witness is known personally by the
Notary Public; (2) the witness knows personally the

37

( 'ommissioning and Notarial Acts with Suggested Forms

principal; (3) the witness is not privy to the instrument,

document or transaction; and (4) oath or affirmation of the
witness.
BEFORE ME, a Notary Public in and for the City of
Manila, this 4th day of November 200_, personally appeared
JUAN DELA CRUZ, who has satisfactorily proven to me his
identity through MARIA B, SANTOS, who is personally known to
me and who personally knows the principal, that he is the same
person who executed and voluntarily signed the foregoing (name
of document) which he acknowledged before me as his own free
and voluntary act and deed and that o f (name o f principal)
whom
he
represents
as
his/its
(Attorney-infact/Chairman/President/General Manager) with full authority to
sign in that capacity.
Add:
Oath or Affirmation of the Witness fSee subsequent form1
Not the principal who already signed the main document
(opinion), and he is identified by a witness.
39.4 Fourth Form: Principal is identified by two credible
witnesses. Requirements: (1) the witnesses each personally
knows the principal; (2) both witnesses show to the Notary
Public their documentary identification; (3) both witnesses
are not privy to the instrument, document or transaction,
and (5) Oath or Affirmation of both witnesses.
BEFORE ME, a Notary Public in and for the City of
Manila, this 4th day of November, 200_, personally appeared
JUAN DELA CRUZ, who has satisfactorily proven to me his
identity through:

Jos*! A. Santos with Drivers License No. 1111

Mnrio B Reyes with Drivers License No. 2222

38

EXPIRY DATE
Nov. 10, 2005
Feb. 8, 2006

Comniissiuimig and Notarial Acts with Suggested Forms

both of whom personally know the principal; that he is the same

person who executed and voluntarily affixed his signature on the
foregoing Deed of Sate of Motor Vehicle which he acknowledged
before me as his own free and voluntary act and deed and that
of (name o f principal) whom he represents as his/its (>Mtorneyin-fact/Chairman/President/General Manager) with fuil authority
to sign in that capacity.
Add:
Oath or Affirmation of the Witnesses fSee
subsequent form], not the principal who already signed the
main document (opinion), and he is identified fay the
witnesses.
Under Rule 902 of the Federal Rules of Evidence (SelfAuthentication), the following is provided:
"Extrinsic evidence of authenticity as a condition
precedent to admissibility is not required with respect to the
following:
xxx
xxx
xxx
xxx
(8)
Acknowledged
documents.
Documents
accompanied by a certificate of acknowledgment executed in the
manner provided by law by a notary public or other officer
authorized by law to take acknowledgments.
Under Rule 903 of the U.S. Federal Rules on Evidence
{Subscribing Witness' testim ony Unnecessary), it is provided:
The testimony of a subscribing witness is not necessary
to authenticate a writing unless required by the laws of the
jurisdiction whose laws govern the validity of the writing.
40= Jurat (Section 6, Rule II)
The Affiant is identified In a similar manner as the four (4)
nituations in the case of Acknowledgment

39

Commissioning and Notarial Acts with Suggested Forms

Affiant Personaliy Known to Notary Public OR With Valid

ID.
40 1 First Form: Affiant personally known to Notary Public
SUBSCRIBED AND SWORN to before me in the City of
Manila this 4th day of November 200_ by JUAN DELA CRUZ,
personally known to me, who is the same person who personally
signed before me the foregoing affidavit and acknowledged that
fie executed the same.
NOTARY PUBLIC
Until December 31, 200_
PTR No. 5648/ Manila/ Jan. 5, 200,
Roli of Atty. No. .
_________
IBP No.__________
'
[Address of Notary Public]
Doc. No. .
Page No.
Book No.
I
Series of 200
ISSUE

: Is the oath or affirmation of the principal still

required?
OPINION : No, he already signed the main document, and is
known to the Notary Public.
40,2

Second Form: With Valid ID (Affiant identified by the Notary

Public through one current identification document issued
by an official agency bearing the photograph and signature
of the individual like drivers license, passport, etc.)
SUBSCRIBED AND SWORN to before me in the City of
Manila this 4th day of November 200_ by JUAN DELA CRUZ,
who has satisfactorily proven his identity to me through his NonProfessional Drivers License No. 1245 valid until December 5,
200
that he is the same person who personally signed the
foregoing affidavit before me and acknowledged that he
execulud the same.

40

Commissioning and Notarial Acts with Suggested Forms

40.3

Second Form: With Valid ID (Affiant identified by the Notary

Public through one current identification document issued
by an official agency bearing the photograph and signature
of the individual like drivers license, passport, etc.)
SUBSCRIBED AND SWORN to before'me in the City of
Manila this 4th day of November 200_ by JUAN DELA CRUZ,
who has satisfactorily proven his identity to me through his NonProfessional Drivers License No. 1245 valid until December 5,
2Q0_, that he is the same person who personally signed the
foregoing affidavit before me and acknowledged that he
executed the same.
ISSUE

: Is the oath or affirmation of the principal still

required?
OPINION : No, he already signed the main document, and
he has a valid ID.

H. Affiant not Personally Known to Notary Public & With no valid ID.
40.4 Third Form: Affiant identified by one credible witness.
Requirements: (1) the witness is known personally by the
Notary Public; (2) the witness knows personally the affiant;
(3) the witness is not privy to the instrument, document or
transaction; and (4) oath or a ffirm a tio n o f the witness.
SUBSCRIBED AND SWORN to before me in City of
Manila this 4th day of November 200_ by JUAN DELA CRUZ,
who has satisfactorily proven to me his identity through MARIA
B. SANTOS, who is personally known to me and who personally
knows the principal, that he is the same person who executed
and personally signed the foregoing affidavit before me and
acknowledged that he executed the same.
Add:
Oath or Affirmation of the Witness fSee subsequent
form]. Not the affiant who already signed, and is identified
by one witness.

41

Cntnmisfiioning and Notarial Acts with Suggested Forms

40,5

Fourth Form: Affiant is identified by two credible witnesses.

Requirements: (1) the witnesses each personally knows the
affiant; (2) both witnesses show to the Notary Public their
documentary identification; (3) both witnesses are not privy!
to the instrument, document or transaction, and (5) Oath or;
Affirmation of both witnesses.

SUBSCRIBED AND SWORN to before me in the City of]

Manila this 4th day of November, 200_ by JUAN DELA CRUZ,
who has satisfactorily proven their identification to me, through:

Jose A. Santos with Drivers License No. 1111

Mario B. Reyes with.Drivers License No. 2222

EXPIRY DATE]
Nov. 10, 2005
Feb. 8, 2006

who personally know the principal, to be the same person who]

executed and personally signed the .foregoing affidavit before mej
and acknowledged that he executed the same.
Add:
Oath or Affirmation of the Witnesses [Seel
subsequent form1. Not the affiant who already signed, and is j
identified by two witnesses.
Affirmation or Oath (Section 2, Rule II)
FORM
WE, JOSE A SANTOS and MARIO B. REYES, both of legal age,}
citizens, married, residents of 32 Gelinos St., Sampaloc, Manila
BHd 20 l nngit St., Sampaloc, Manila, respectively, affirm under the penalty]
f liw , Hint the following statements are true:
1

I fiat Juan dela Cruz, the (principat/a ffi ant/pre sen tor/signor)\
(making the acknowledgment/executing the affidavit/presentlyj
signing the instrument or docum entj is the same person!
named
in
the
(instrument
or
document|
cInscribe d/a ffida vit/instrument or document presen te d);

42

Commissioning and Notarial Acts with Suggested Forms

2. That Juan dela Cruz is personally known to the undersigned

witnesses;
3. That Juan deta Cruz does not possess a current identification
document issued by an official agency as "required in Sec. 12
(a), Rule II of the 2004 Rules on Notarial Practice;
4. That it is the reasonable belief of the undersigned witnesses
that due to Juan dela Cruzs circumstances {name the
circumstances} it would be very difficult or impossible for him
to obtain the required official identification document;1
5. That the undersigned witnesses are not privy to the
(instrument, document or transaction/affidavit/instrument or
document presented and signed); and
6. That the undersigned witnesses have presented their
respective vaiid identification documents issued by an official
agency, to wit:
Jose A. Santos with Drivers License N o ._____ Valid Until___
Mario B. Reyes with Driver's License N o.
Valid Until____
IN WITNESS WHEREOF, we have hereunto affixed our
signatures this 4th day of November 200__, in the City of Manila, Philippines.

(Sgd.) JOSE A. SANTOS

Witness

(Sgd.) MARIO B. REYES

Witness

I hereby certify that I have personally examined the abovenamed witnesses and they avowed under the penalty of iaw to the whole
Imth of the contents of the (oath/affirmation) they executed.
SUBSCRIBED AND SWORN to before me, etc.

lift* ) No. ) (c and d), Art. 3, Civil Code of California, 1989 Compact Edition.

Commissioning and Notarial Acts with Suggested Forms

City of Manila, Philippines, November ___ 200_.

NOTARY PUBLIC
Until December 31, 200_
PTR No. 5648/Manila/ Jan. 5, 200.
Roil of Atty. No, _ _ _ _ _ _
IBP No.
[Address o f Notary Public]
Doc. No.
1;
Page No.
1;
Book No.
I;
Series of 200 .
.

Note: If there is only one (1) witness change the wording

accordingly.
Question: Is the certification of the Notary Public to the oath
Or affirmation enough without assigning a Document, Page, or Book
No. In the notarial register?
Opinion: Yes, in the certification of the notary public he
tioea not have to indicate a document number, page number, book
number, and series of his notarial register because of his
0 mmission.

It Copy Certification (Section 4, Rule II)

CERTIFICATION
I his is to certify th a t! was presented with a
_____ (state
$ # inBUunmnt or document) which is neither vital record, a public record,
per publicly recordable; that I copied/supervised the copying of the
.
{instrument or document)', and that i compared the copied.
__
(instrument or document) with the original copy and I herebyiir iif y that tlio copy is accurate and complete.

44

Commissioning and Notarial Acts with Suggested Forms

NOTARY PUBLIC
Until December 31, 200__
PTR No. 5648/ Manila/Jan. 5, 20G
Roll of Atty. N o .______ _
IBP No._______ __________ [Address of Notary Public]
Question: Is the signature of the Notary Public enough
without assigning a Document Page, or Book No. in the notarial
register?
Opinion:
Yes, no need (see previous answer to same
question). Obviously; a Notary Public cannot swear before himself
and he is acting as Notary Public.
3, Signature Witnessing (Section 14,-'Rule II)
Document Presentor/Signor Personally Known to
Notary Public OR With Valid ID
43.1

First Form: Presentor/Signor personally known to Notary

Public
BEFORE ME, a Notary Public in and for the City of Manila,
this 4th day of November, 200_, personally appeared JUAN DELA
CRUZ, personaily known to me to be the person who presented
the foregoing (name of document) which he voluntarily signed in
my presence.
WITNESS MY HAND AND
November, 200_ in the City of Manila.

SEAL,

this

Notary Public
Until December 31, 200_
PTR No. 12345; Manila, January 3, 200.
Roll of Attorney N o .______________ __
IBP N o .__________________________

45

4th day

of

i.jnnwtssiorung and Notarial Acts with Suggested Forms

Doc No
1;
Pmjo No.
1;
Rook No
I;
Sfri o s of 200.
ISSUE:
is the oath or affirmation of the
Presentor/Signor still required? No {opinion, see previous
answer)
43,2 Socond Form:
With Valid Ip (Presentor/Signor identified by
the Notary Public through one current identification document
Issued by an official agency bearing the photograph and
signature of the individual like drivers license, passport, etc.)
BEFORE ME, a Notary Public in and for the City of Manila,
this 4th day of November 2Q0, personally appeared JUAN DELA
CRUZ, who has satisfactorily proven to me his identity through his
Non-Professional Driver's License No. 12345 valid until December
ft, 200_, that he is the same person who presented the foregoing
(name of document) which he voluntarily signed in my
presence.
ISSUE:
Presentor/Signor
answer)

Is the oath
required? No.

or affirmation of the
(opinion, see previous

Presentor/Signor not Personally Known

Public & With no valid IP.

to Notary

43 3 Third Form: Presentor/Signor identified by one credible

witness. Requirements: (1) the witness is known personally
by the Notary Public; (2) the witness knows personally the
principal; (3) the witness is not privy to the instrument,
document or transaction; and (4) oath or affirmation of the
witness.

46

Commissioning and Notarial Acts with Suggested Forms

BEFORE ME, a Notary Public in and for the City of Manila,

this 41h day of November 200_, personally appeared JUAN DELA
CRUZ, who has satisfactorily proven to me his identity through
MARIA B. SANTOS, who is personally known to me and who
personally knows the principal, that he is the same person who
presented the foregoing (name of ' document) which he
voluntarily signed in my presence.
(Add: Oath or Affirmation of the Witness but not the
presentor/signor [See previous form)\
43.4. Fourth Form: Presentor/Signor is identified by two credible
witnesses. Requirements: (1) the witnesses each personally
knows the principal; (2) both witnesses show to the Notary
Public their documentary identification; (3) both witnesses are
not privy to the instrument, document or transaction, and (5)
Oath or Affirmation of both witnesses.
BEFORE ME, a Notary Public in and for the City of Manila,
this 4th day of November, 200_, personally appeared JUAN DELA
CRUZ, who has satisfactorily proven to me his identity through:
EXPIRY DATE
Jose A. Santos with Drivers License No. 1111 Nov. 10, 2005
Mario B, Reyes with Driver's License No. 2222 Feb. 8, 2006
both of whom personally know the principal, that he is the same
person who presented the foregoing Deed of Sale of Motor
Vehicle which he voluntarily signed in my presence.
(Add: Oath or Affirmation of the Witnesses but not the
presentor/signor fSee previous form])
I. Certificate of the Notary Public to the Affixing of Signature by Thumb or
Other Mark on Instrument or Document for Notarization (Section 1 (b),
Rule IV)

47

Commissioning and Notarial Acts with Suggested Forms

(Thumbmark)
JUAN DELA CRUZ

(Sgd.) Maria

B. Santos

(Sgd.) Jose C. Reyes

"thum bm ark affixed by Juan Dela Cruz in the presence of Maria B.

Santos a resident of. 5 Langit Street,. Sampaloc Manila and Jose C.
Nwyoii, aresident of 22 Maria Clara St., Sampaioc, Manila and the
undersigned Notary Public
(Sgd.) Notary Public
Add;
Appropriate
Acknowledgment
or
Certification
or
Acknowledgment of Notary Public as to thumbmarking by principal in
th prosence of witnesses.
Then Add:
Form of Acknowledgment but put who thumbmarked the
foregoing instrument
Oath or Affirmation of Witnesses
the Principal thumbmarked is required.

as to their presence when

I. Authority of Notary Public to Sign on Behalf of a Person Physically

Uftibte to Sign or Make a Mark on an Instrument or Document
(le e t lo n l [c), Rule IV)
"Signature affixed by Notary in the presence of Maria B. Santos, a
of 60 Langit St., Sampaloc Manila and Jose C. Reyes, a resident
* i f !|1 Marla Clara St., Sampaloc, Manila
(Sgd.)Pedro M. Santiago
(Notary Public)

48

Commissioning and'Notarial Acts with Suggested Forms

For: JUAN DELA CRUZ

(Sgd.)Maria B. Santos(Sgd.) Jose C. Reyes
Add:
Oath or Affirmation of Witnesses as to their presence when
the Notary Public Signed as Authorized by the Principal.
Then Add:
Appropriate Acknowledgment of Notary Public, as follows:
Republic of the Philippines)
City of Manila
) S.S. ' v.

ACKNOWLEDGMENT
(Sample)
BEFORE ME, a Notary Public in and for the City of Manila,
personally appeared JUAN DELA CRUZ, personally known to me to be
the person who voluntarily executed and who directed the undersigned
Notary Public to sign the foregoing instrument in his behalf, as witnessed
by MARIA B.-SANTOS of 55 Langit St., Sampaloc, Manila and JOSE C.
REYES, a resident of 22 Maria Clara St., Sampaloc, Manila, who affixed
their respective signatures above. And the undersigned Notary does
further certify that JUAN DELA CRUZ acknowledged before me that this
(name of instrument) is his own free and voluntary act and deed.
NOTARY PUBLIC
Commission No.__________ __
Until December 31, 200_
PTR No. ___ / (Place) / (Date)
Rol! of Atty. N o._______________
IBP No._________ .
[Address o f Notary Public)
H i m : No
1;
1 ik io N o .
1:
Hook No.
I;

Of 2Q0_

Nolo No need to assign document number, page number, book number and series of notarial certificate

(opinion)

49

Commissioning and Notarial Acts with Suggested Forms

4, Form for Issuance of Certified True Copies of Notarial Record or Part

Thereof of a Notary Public (Section 6, Rule VI)
CERTIFICATION
This is to certify that this document is a true copy of the notarial
mcoid (or part thereof) of the undersigned Notary Public.
t City of.Manila, Philippines, (date of issue)
Notary Public
Commission No.____________
Until December 31, 200_
PTR No. ____ / (Place) / (Date)
_________
Roii of Atty. No.
________________
IBP No. '
[Address of Notary Public]
Note: It is suggested that this certification may be attached tc
the document being certified or in line with the usuai practice it is
rubber stamped on the certified document itself and signed by the
Notary Public. The Notary Public does not have to indicate the documen
number, page number, book number or series of his notarial register. He
Is signing as Notary Public and he cannot subscribe to himself.
47, THE NOTARIAL SEAL
47,1

Previous Seal: Sample

50

j
j

Commissioning and Notarial Acts with Suggested Forms

47.2

Present Seal: Sample

What is added in present seal: Only Attorneys Roll Number

&

Notarial Certificate (Form and Contents: Sec, 8, Rule II; Secs, 1 & 2,
Rule VIII)
48.1. 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 notarys signature
and seal, and states the facts attested to by the notary public in
a particular notarization as provided for by these Rules. (Sec. 8,
Rule II)
48.2. Form of Notarial Certificate