2004 RULES ON NOTARIAL PRACTICE Cessy Ciar - Page 1 of 13

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

2004 Rules on Notarial Practice
Republic of the Philippines
Supreme Court
Manila
EN BANC
A.M. No. 02-8-13-SC
2004 Rules on Notarial Practice
RESOLUTION
Acting on the compliance dated 05 July 2004 and on the proposed Rules on
Notarial Practice of 2004 submitted by the Sub-Committee for the Study,
Drafting and Formulation of the Rules Governing the Appointment of Notaries
Public and the Performance and Exercise of Their Official Functions, of the
Committees on Revision of the Rules of Court and on Legal Education and Bar
Matters, the Court Resolved to APPROVE the proposed Rules on Notarial
Practice of 2004, with modifications, thus:
2004 RULES ON NOTARIAL PRACTICE
RULE I
IMPLEMENTATION
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial
Practice.
SEC. 2. Purposes. - These Rules shall be applied and construed to advance the
following purposes:
(a) to promote, serve, and protect public interest;
(b) to simplify, clarify, and modernize the rules governing notaries public; and
(c) to foster ethical conduct among notaries public.
SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates,
words in the singular include the plural, and words in the plural include the
singular.
RULE II
DEFINITIONS
SECTION 1. Acknowledgment. - Acknowledgment refers to an act in which
an individual on a single occasion:
(a) appears in person before the notary public and presents an integrally
complete instrument or document;
(b) is attested to be personally known to the notary public or identified by the

notary public through competent evidence of identity as defined by these

Rules; and (c) represents to the notary public that the signature on the instrument or
document was voluntarily affixed by him for the purposes stated in the
instrument or document, declares that he has executed the instrument or
document as his free and voluntary act and deed, and, if he acts in a particular
representative capacity, that he has the authority to sign in that capacity.
SEC. 2. Affirmation or Oath. - The term Affirmation or Oath refers to an
act in which an individual on a single occasion:
(a) appears in person before the notary public;
(b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; and
(c) avows under penalty of law to the whole truth of the contents of the
instrument or document.
SEC. 3. Commission. - Commission refers to the grant of authority to
perform notarial acts and to the written evidence of the authority.
SEC. 4. Copy Certification. - Copy Certification refers to a notarial act in
which a notary public:
(a) is presented with an instrument or document that is neither a vital record,
a public record, nor publicly recordable;
(b) copies or supervises the copying of the instrument or document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.
SEC. 5. Notarial Register. - Notarial Register refers to a permanently bound
book with numbered pages containing a chronological record of notarial acts
performed by a notary public.
SEC. 6. Jurat. - Jurat refers to an act in which an individual on a single
occasion:
(a) appears in person before the notary public and presents an instrument or
document;
(b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and
(d) takes an oath or affirmation before the notary public as to such instrument
or document.
SEC. 7. Notarial Act and Notarization. - Notarial Act and Notarization
refer to any act that a notary public is empowered to perform under these
Rules.

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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. 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. 9. Notary Public and Notary. - Notary Public and Notary refer to
any person commissioned to perform official acts under these Rules.

SEC. 20. Manufacturer. - Manufacturer under these Rules refers to one

who produces a notarial seal and shall include an engraver and seal maker.

SEC. 10. Principal. - Principal refers to a person appearing before the

notary public whose act is the subject of notarization.

RULE III
COMMISSIONING OF NOTARY PUBLIC

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.

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.

SEC. 12. Competent Evidence of Identity. - The phrase competent

evidence of identity refers to the identification of an individual based on:

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

(a) at least one current identification document issued by an official agency

bearing the photograph and signature of the individual; or
(b) the oath or affirmation of one credible witness not privy to the instrument,
document or transaction who is personally known to the notary public and who
personally knows the individual, or of two credible witnesses neither of whom
is privy to the instrument, document or transaction who each personally knows
the individual and shows to the notary public documentary identification.
SEC. 13. Official Seal or Seal. - Official seal or Seal refers to a device for
affixing a mark, image or impression on all papers officially signed by the
notary public conforming the requisites prescribed by these Rules.
SEC. 14. Signature Witnessing. - The term signature witnessing refers to a
notarial act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an instrument or
document;
(b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; and
(c) signs the instrument or document in the presence of the notary public.
SEC. 15. Court. - Court refers to the Supreme Court of the Philippines.
SEC. 16. Petitioner. - Petitioner refers to a person who applies for a notarial
commission.
SEC. 17. Office of the Court Administrator. - Office of the Court
Administrator refers to the Office of the Court Administrator of the Supreme
Court.

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

(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.

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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:

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.

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ______________

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.

This is to certify that (name of notary public) of (regular place of work or

business) in (city or province) was on this (date) day of (month) two thousand
and (year) commissioned by the undersigned as a notary public, within and for

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

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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)
(2)
(3)
(4)
(5)
(6)

acknowledgments;
oaths and affirmations;
jurats;
signature witnessings;
copy certifications; and
any other act authorized by these Rules.

(b) A notary public is authorized to certify the affixing of a signature by thumb

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

an acknowledgment, jurat, or signature witnessing.

(c) A notary public is authorized to sign on behalf of a person who is physically
unable to sign or make a mark on an instrument or document if:
(1) the notary public is directed by the person unable to sign or make a mark
to sign on his behalf;
(2) the signature of the notary public is affixed in the presence of two
disinterested and unaffected witnesses to the instrument or document;
(3) both witnesses sign their own names ;
(4) the notary public writes below his signature: Signature affixed by notary
in presence of (names and addresses of person and two [2] witnesses); and
(5) the notary public notarizes his signature by acknowledgment or jurat.
SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act
outside his regular place of work or business; provided, however, that on
certain exceptional occasions or situations, a notarial act may be performed at
the request of the parties in the following sites located within his territorial
jurisdiction:
(1) public offices, convention halls, and similar places where oaths of office
may be administered;
(2) public function areas in hotels and similar places for the signing of
instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument or
document is confined for treatment; and
(4) any place where a party to an instrument or document requiring
notarization is under detention.
(b) A person shall not perform a notarial act if the person involved as signatory
to the instrument or document (1) is not in the notary's presence personally at the time of the notarization;
and
(2) is not personally known to the notary public or otherwise identified by the
notary public through competent evidence of identity as defined by these
Rules.
SEC. 3. Disqualifications. - A notary public is disqualified from performing a
notarial act if he:
(a) is a party to the instrument or document that is to be notarized;
(b) will receive, as a direct or indirect result, any commission, fee, advantage,
right, title, interest, cash, property, or other consideration, except as provided
by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by
affinity or consanguinity of the principal within the fourth civil degree.
SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial

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act described in these Rules for any person requesting such an act even if he
tenders the appropriate fee specified by these Rules if:
(a) the notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind of the
notary public reasonable doubt as to the former's knowledge of the
consequences of the transaction requiring a notarial act; and
(c) in the notary's judgment, the signatory is not acting of his or her own free
will.
SEC. 5. False or Incomplete Certificate. - A notary public shall not:
(a) execute a certificate containing information known or believed by the
notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete.
SEC. 6. Improper Instruments or Documents. - A notary public shall not
notarize:
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate notarial certification.
RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act,
a notary public may charge the maximum fee as prescribed by the Supreme
Court unless he waives the fee in whole or in part.
SEC. 2. Travel Fees and Expenses. - A notary public may charge travel fees
and expenses separate and apart from the notarial fees prescribed in the
preceding section when traveling to perform a notarial act if the notary public
and the person requesting the notarial act agree prior to the travel.
SEC. 3. Prohibited Fees. No fee or compensation of any kind, except those
expressly prescribed and allowed herein, shall be collected or received for any
notarial service.
SEC. 4. Payment or Refund of Fees. - A notary public shall not require
payment of any fees specified herein prior to the performance of a notarial act
unless otherwise agreed upon.
Any travel fees and expenses paid to a notary public prior to the performance
of a notarial act are not subject to refund if the notary public had already
traveled but failed to complete in whole or in part the notarial act for reasons
beyond his control and without negligence on his part.
SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial

services shall issue a receipt registered with the Bureau of Internal Revenue
and keep a journal of notarial fees. He shall enter in the journal all fees
charged for services rendered.
A notary public shall post in a conspicuous place in his office a complete
schedule of chargeable notarial fees.
RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. - (a) A notary public shall keep,
maintain, protect and provide for lawful inspection as provided in these Rules,
a chronological official notarial register of notarial acts consisting of a
permanently bound book with numbered pages.
The register shall be kept in books to be furnished by the Solicitor General to
any notary public upon request and upon payment of the cost thereof. The
register shall be duly paged, and on the first page, the Solicitor General shall
certify the number of pages of which the book consists.
For purposes of this provision, a Memorandum of Agreement or Understanding
may be entered into by the Office of the Solicitor General and the Office of the
Court Administrator.
(b) A notary public shall keep only one active notarial register at any given
time.
SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the
notary shall record in the notarial register at the time of notarization the
following:
(1) the entry number and page number;
(2) the date and time of day of the notarial act;
(3) the type of notarial act;
(4) the title or description of the instrument, document or proceeding;
(5) the name and address of each principal;
(6) the competent evidence of identity as defined by these Rules if the
signatory is not personally known to the notary;
(7) the name and address of each credible witness swearing to or affirming the
person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if not in the notary's
regular place of work or business; and
(10) any other circumstance the notary public may deem of significance or
relevance.
(b) A notary public shall record in the notarial register the reasons and
circumstances for not completing a notarial act.

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(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.
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

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attorney's number on the face thereof, with the words "notary public" across
the center. A mark, image or impression of such seal shall be made directly on
the paper or parchment on which the writing appears.
(b) The official seal shall be affixed only at the time the notarial act is
performed and shall be clearly impressed by the notary public on every page
of the instrument or document notarized.
(c) When not in use, the official seal shall be kept safe and secure and shall be
accessible only to the notary public or the person duly authorized by him.
(d) Within five (5) days after the official seal of a notary public is stolen, lost,
damaged or other otherwise rendered unserviceable in affixing a legible
image, the notary public, after informing the appropriate law enforcement
agency, shall notify the Executive Judge in writing, providing proper receipt or
acknowledgment, including registered mail, and in the event of a crime
committed, provide a copy or entry number of the appropriate police record.
Upon receipt of such notice, if found in order by the Executive Judge, the latter
shall order the notary public to cause notice of such loss or damage to be
published, once a week for three (3) consecutive weeks, in a newspaper of
general circulation in the city or province where the notary public is
commissioned. Thereafter, the Executive Judge shall issue to the notary public
a new Certificate of Authorization to Purchase a Notarial Seal.
(e) Within five (5) days after the death or resignation of the notary public, or
the revocation or expiration of a notarial commission, the official seal shall be
surrendered to the Executive Judge and shall be destroyed or defaced in public
during office hours. In the event that the missing, lost or damaged seal is later
found or surrendered, it shall be delivered by the notary public to the Executive
Judge to be disposed of in accordance with this section. Failure to effect such
surrender shall constitute contempt of court. In the event of death of the
notary public, the person in possession of the official seal shall have the duty
to surrender it to the Executive Judge.
SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible,
permanent, and photographically reproducible mark, image or impression of
the official seal beside his signature on the notarial certificate of a paper
instrument or document.
SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of
notarial seals may not sell said product without a written authorization from
the Executive Judge.
(b) Upon written application and after payment of the application fee, the
Executive Judge may issue an authorization to sell to a vendor or manufacturer
of notarial seals after verification and investigation of the latter's qualifications.
The Executive Judge shall charge an authorization fee in the amount of PhP
4,000 for the vendor and PhP 8,000 for the manufacturer. If a manufacturer is

also a vendor, he shall only pay the manufacturer's authorization fee.

(c) The authorization shall be in effect for a period of four (4) years from the
date of its issuance and may be renewed by the Executive Judge for a similar
period upon payment of the authorization fee mentioned in the preceding
paragraph.
(d) A vendor or manufacturer shall not sell a seal to a buyer except upon
submission of a certified copy of the commission and the Certificate of
Authorization to Purchase a Notarial Seal issued by the Executive Judge. A
notary public obtaining a new seal as a result of change of name shall present
to the vendor or manufacturer a certified copy of the Confirmation of the
Change of Name issued by the Executive Judge.
(e) Only one seal may be sold by a vendor or manufacturer for each Certificate
of Authorization to Purchase a Notarial Seal.
(f) After the sale, the vendor or manufacturer shall affix a mark, image or
impression of the seal to the Certificate of Authorization to Purchase a Notarial
Seal and submit the completed Certificate to the Executive Judge. Copies of
the Certificate of Authorization to Purchase a Notarial Seal and the buyer's
commission shall be kept in the files of the vendor or manufacturer for four (4)
years after the sale.
(g) A notary public obtaining a new seal as a result of change of name shall
present to the vendor a certified copy of the order confirming the change of
name issued by the Executive Judge.
RULE VIII
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. - The notarial form used for any
notarial instrument or document shall conform to all the requisites prescribed
herein, the Rules of Court and all other provisions of issuances by the Supreme
Court and in applicable laws.
SEC. 2. Contents of the Concluding Part of the Notarial Certificate.
The notarial certificate shall include the following:
(a) the name of the notary public as exactly indicated in the commission;
(b) the serial number of the commission of the notary public;
(c) the words "Notary Public" and the province or city where the notary public
is commissioned, the expiration date of the commission, the office address of
the notary public; and
(d) the roll of attorney's number, the professional tax receipt number and the
place and date of issuance thereof, and the IBP membership number.
RULE IX

2004 RULES ON NOTARIAL PRACTICE Cessy Ciar - Page 8 of 13

CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

representative.

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:

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.

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 incapacity to personally appear, the
submission of the notice may be performed by his duly authorized

RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS
SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive
Judge shall revoke a notarial commission for any ground on which an
application for a commission may be denied.
(b) In addition, the Executive Judge may revoke the commission of, or impose
appropriate administrative sanctions upon, any notary public who:
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his notarial register concerning
his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge within the first
ten (10) days of the month following;
(4) fails to affix to acknowledgments the date of expiration of his commission;
(5) fails to submit his notarial register, when filled, to the Executive Judge;
(6) fails to make his report, within a reasonable time, to the Executive Judge
concerning the performance of his duties, as may be required by the judge;
(7) fails to require the presence of a principal at the time of the notarial act;
(8) fails to identify a principal on the basis of personal knowledge or competent
evidence;
(9) executes a false or incomplete certificate under Section 5, Rule IV;
(10) knowingly performs or fails to perform any other act prohibited or
mandated by these Rules; and
(11) commits any other dereliction or act which in the judgment of the
Executive Judge constitutes good cause for revocation of commission or
imposition of administrative sanction.
(c) Upon verified complaint by an interested, affected or aggrieved person, the
notary public shall be required to file a verified answer to the complaint. If the
answer of the notary public is not satisfactory, the Executive Judge shall
conduct a summary hearing. If the allegations of the complaint are not proven,
the complaint shall be dismissed. If the charges are duly established, the
Executive Judge shall impose the appropriate administrative sanctions. In
either case, the aggrieved party may appeal the decision to the Supreme Court
for review. Pending the appeal, an order imposing disciplinary sanctions shall

2004 RULES ON NOTARIAL PRACTICE Cessy Ciar - Page 9 of 13

be immediately executory, unless otherwise ordered by the Supreme Court.

(d) The Executive Judge may motu proprio initiate administrative proceedings
against a notary public, subject to the procedures prescribed in paragraph (c)
above and impose the appropriate administrative sanctions on the grounds
mentioned in the preceding paragraphs (a) and (b).

Promulgated this 6th day of July, 2004. Davide, Jr. C.J., Puno, Vitug,
Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez, Carpio, AustriaMartinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.

Republic of the Philippines

SUPREME COURT
Manila

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

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

February 19, 2008

RE: 2004 RULES ON NOTARIAL PRACTICE The Court Resolved, upon the recommendation of the Sub Committee on
the Revision of the Rules Governing Notaries Public, to AMEND Sec. 12 (a).
Rule II of the 2004 Rules on Notarial Practice, to wit:
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En
Banc dated February 19, 2008.
"A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. The
Court Resolved, upon the recommendation of the Sub Committee
on the Revision of the Rules Governing Notaries Public, to AMEND
Sec. 12 (a). Rule II of the 2004 Rules on Notarial Practice, to wit:
Rule II
DEFINITIONS
xxx

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.
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.

"Sec. 12. Component 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, drivers

2004 RULES ON NOTARIAL PRACTICE Cessy Ciar - Page 10 of 13

license, Professional Regulations Commission ID, National

Bureau of Investigation clearance, police clearance, postal
ID, voters 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,
seamans 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
(b) xxxx."
Quisumbing, J., on official leave. Ynares-Santiago, J., on leave.
(adv127a)

Very truly yours.

MA. LUISA D. VILLARAMA (sgd)
Clerk of Court

The 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC or the Rules) took
effect on August 1, 2004. It was enacted (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 (Rule I, Sec. 2).
Among other matters, the Rules require parties to instruments to present
competent evidence of their identity to the notary public.
On February 19, 2008, the Supreme Court amended Rule II Sec. 12 (a) of the
Rules and enumerated the acceptable competent evidence of identity:
(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, drivers license, Professional Regulation Commission ID, National
Bureau of Investigation clearance, police clearance, postal ID, voters 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, seamans book, alien
certificate of registration/immigrant certificate of registration, government office
ID, certification from the National Council for the Welfare of Disabled Persons
(NCWDP), Department of Social Welfare and Development (DSWD) certification; x
x x
While the Rules require the presentation of competent evidence of identity, it
does not mention community tax certificates or cedulas or residence certificates
which, prior to the effectivity of the Rules, were the only documents that parties
to instruments were required to present to notaries public.
Are parties required to present competent evidence
of their identity to the notary in all instances?
In Cable Star Inc. v. Cable BOSS (GR No. 181058, January 28, 2008), the Supreme
Court denied petitioners motion for extension to file petition for review for
submitting an affidavit of service of the motion that fails to comply with the 2004
Rules on Notarial Practice re: competent evidence of affiants identity.
In footnote 16 of Sigma v. Inter-Alia. (GR No. 177898, August 13, 2008), the Court
explained that it denied the petitioners motion for extension of time to file
petition for review, likewise for submitting an affidavit of service that does not
comply with the requirement on competent evidence of identity.
And in de la Cruz v. Dimaano (AC No. 7781, September 18, 2008), the Court
stated without qualification that Rule II, Sec. 12 of the 2004 Rules on Notarial
Practice now requires a party to the instrument to present competent evidence of
identity.

2004 RULES ON NOTARIAL PRACTICE Cessy Ciar - Page 11 of 13

The foregoing pronouncements of the Court show that non-compliance with the
Rules affect the notarial act itself, i.e. the document notarized is invalidated or
will not be considered a public document.
These also imply that parties to instruments are required to present competent
evidence of their identity every time they desire to avail of the services of
notaries public. However, it is submitted that this should not be the case, since
the notary is required to record in his notarial register the competent evidence of
identity only if the signatory is not personally known to him (Rule VI Sec. 2 [6],
Rules). This implies that no competent evidence of identity is required if the
signatory is personally known to the notary. This view is consistent with an article
in the Supreme Courts website which states that under the Rules, Notaries
Public are prohibited from notarizing documents or instruments of signatories
who are not personally known to them or who otherwise fail to present
competent evidence of their respective identities. (Madeleine UVG Avanzado,
SC Enumerates Documents Considered as Competent Evidence of Identity
[http://sc.judiciary.gov.ph/publications/benchmark/2008/02/020819.php],
accessed July 20, 2009).
In Amora v. COMELEC (GR No. 192280, January 25, 2011), the Supreme Court
affirmed the validity of the petitioners certificate of candidacy even though he
presented a cedula but not competent evidence of identity to the notary public
who administered his oath, since he is personally known to the notary:
Another red flag for the COMELEC to dismiss Olandrias petition is the fact that
Amora claims to personally know the notary public, Atty. Granada, before whom
his COC was sworn. In this regard, the dissenting opinion of Commissioner
Larrazabal aptly disposes of the core issue:
With all due respect to the well-written Ponencia, I respectfully voice my dissent.
The primary issue herein is whether it is proper to disqualify a candidate who, in
executing his Certificate of Candidacy (COC), merely presented to the Notary
Public his Community Tax Certificate.
The majority opinion strictly construed the 2004 Rules on Notarial Practice (the
2004 Notarial Rules) when it provided that valid and competent evidence of
identification must be presented to render Sergio G. Amora, Jr.s [petitioners]
COC valid. The very wording of the 2004 Notarial Rules supports my view that the
instant motion for reconsideration ought to be granted, to wit:

Section 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.
As quoted supra, competent evidence of identity is not required in cases where
the affiant is personally known to the Notary Public, which is the case herein. The
records reveal that [petitioner] submitted to this Commission a sworn affidavit
executed by Notary Public Oriculo A. Granada (Granada), who notarized
[petitioners] COC, affirming in his affidavit that he personally knows [petitioner].
[Respondent], on the other hand, presented no evidence to counter Granadas
declarations. Hence, Granada[s] affidavit, which narrates in detail his personal
relation with [petitioner], should be deemed sufficient. The purpose of election
laws is to give effect to, rather than frustrate, the will of the voters. The people of
Candijay, Bohol has already exercised their right to suffrage on May 10, 2010
where [petitioner] was one of the candidates for municipal mayor.
To disqualify [petitioner] at this late stage simply due to an overly strict reading
of the 2004 Notarial Rules will effectively deprive the people who voted for him
their rights to vote.
xxx
Our ruling herein does not do away with the formal requirement that a COC be
sworn. In fact, we emphasize that the filing of a COC is mandatory and must
comply with the requirements set forth by law.
Section 2 of the 2004 Rules on Notarial Practice lists the act to which an
affirmation or oath refers:
xxx
In this case, however, contrary to the declarations of the COMELEC, Amora
complied with the requirement of a sworn COC. He readily explained that he and
Atty. Granada personally knew each other; they were not just colleagues at the
League of Municipal Mayors, Bohol Chapter, but they consider each other as
distant relatives. Thus, the alleged defect in the oath was not proven by Olandria
since the presentation of a CTC turned out to be sufficient in this instance. On the
whole, the COMELEC should not have brushed aside the affidavit of Atty. Granada
and remained inflexible in the face of Amoras victory and proclamation as Mayor
of Candijay, Bohol.
Amora v. COMELEC interprets the 2004 Rules on Notarial Practice provisions on
competent evidence of identity and harmonizes it with related laws, specifically
on the presentation of cedulas; the phrase in this instance does not mean that
it is pro hac vice.
In sum, competent evidence of identity do not take the place of cedulas. The
latter are not competent evidence of identity (footnote 19, Williams v. Icao, AC

2004 RULES ON NOTARIAL PRACTICE Cessy Ciar - Page 12 of 13

No. 6882, December 24, 2008; Baylon v. Almo, AC No. 6982, 555 SCRA 249, 253
[2008]), which the affiant is required to present to the notary if he is not
personally known to the him. In contrast, the affiant is required by law to present
his cedula to the notary for each notarial act, regardless of whether or not he is
known to the latter.
Are cedulas still relevant as far as the notarial act is concerned?
Some notaries public certify that they personally know the affiant and so they no
longer demand the presentation of competent evidence of identity. But at the
same time, they also do not demand the presentation of the affiants cedula
because this is not required by the Rules. And so there are now jurats and
acknowledgments that do not contain any information about the affiants cedula,
as well as those that are silent about both his cedula and his competent evidence
of identity.
In footnote 19 of Williams v. Icao, the Court also explained that under Section 13
of the Rules, a residence certificate is no longer considered a competent
evidence of identity. And the Court, in Baylon v. Almo (AC No. 6962, June 25,
2008) categorically stated that the respondent notary public:
should not have relied on the Community Tax Certificate presented by the said
impostor in view of the ease with which community tax certificates are obtained
these days. As a matter of fact, recognizing the established unreliability of a
community tax certificate in proving the identity of a person who wishes to have
his document notarized, we did not include it in the list of competent evidence of
identity that notaries public should use in ascertaining the identity of persons
appearing
before
them
to
have
their
documents
notarized.
It therefore appears that parties to instruments are no longer required to present
their cedulas to notaries public.
While the Rules do not mention cedulas in Baylon v. Almo, the Supreme Court
even stated that it did not include cedulas in the list of competent evidence of
identity, which seems to indicate the Courts preference to do away with it
altogether it is submitted that these are still necessary for the proper execution
of the notarial act. This is because their presentation is prescribed by various
laws, such as:
1. Section 6 of Commonwealth Act No. 465 or the Residence Tax Act which states
that:
When a person liable to the taxes prescribed in this Act acknowledges any
document before a notary public xxx it shall be the duty of such person xxx with
whom such transaction is had or business done, to require the exhibition of the
residence certificate showing payment of the residence taxes by such person
xxx;

2. Section 249 of the Revised Administrative Act, which the Supreme Court
quoted in its Decision in Williams v. Icao reproduced above;
3. Section 251 of the Revised Administrative Act:
Requirement as to notation of payment of [cedula] residence tax. Every
contract, deed, or other document acknowledged before a notary public shall
have certified thereon that the parties thereto have presented their proper
[cedula] residence certificate or are exempt from the [cedula] residence tax, and
there shall be entered by the notary public as a part of such certificate the
number, place of issue, and date of each [cedula] residence certificate as
aforesaid.
4. and Section 163 of the Local Government Code:
(a) When an individual subject to the community tax acknowledges any
document before a notary public, it shall be the duty of any person, officer,
corporation with whom such transaction is made to require such individual to
exhibit the community tax certificate.
Are the Rules consistent with the laws requiring the presentation of the
cedula to the notary public?
It appears that the laws requiring the presentation of the cedula have not been
repealed by subsequent legislative enactments. And so these laws remain valid
until the present (Article 7, Civil Code), notwithstanding the Rules silence insofar
as cedulas are concerned.
To be valid, the Rules must conform to and be consistent with the provisions of
the enabling statute; as such, it cannot amend the law either by abridging or
expanding its scope (Perez v. PLDT GR No. 1502048, April 7, 2009). Agencies
cannot, in the guise of rule-making, legislate or amend laws or worse, render
them nugatory (Conte v. Commission on Audit GR No. 116422, 264 SCRA 19, 30
[1996]).
But is there really a conflict between the Rules and the laws requiring the
presentation of the cedula? It is submitted that there is none. The requirement for
the presentation of competent evidence of identity does not abridge or expand
the scope of the laws affecting notarial practice since its purpose is to protect the
integrity of the notarial act. Secondly, the Rules silence on the matter of cedulas
should not be taken as proof that these are now unnecessary.
Clearly, the laws affecting notarial practice and the Rules can be applied
simultaneously, and thus harmonized. In short, the presentation of a competent
evidence of identity, if required, will not bar the presentation of the cedula, and
vice-versa.

2004 RULES ON NOTARIAL PRACTICE Cessy Ciar - Page 13 of 13

Hence it is only when the party or parties is/are not personally known to the
notary that they must present competent evidence of their identity to him; or in
the alternative, 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 (Rule II, Sec. 12 [b]). On the other hand, they must present their
community tax certificates to the notary, whether or not they are personally
known to him.
But to be sure, it is suggested that the notary require the presentation of
competent evidence of the identity of all parties to instruments, whether or not
they are personally known to him, as well as their community tax certificates.
After all, it is better to err on the side of caution.
(This post is an expanded version of the authors article that appeared in the
September 30, 2009 issue of The Lawyers Review.)
Edit April 18, 2013:
The Supreme Court, in its April 10, 2013 Resolution in Jandoquile v. Atty.
Revilla (AC No. 9514) underscored that a notary public does not need to require
affiants to present proof of their identity if he knows them personally, but he
must state this fact in his jurat:

If the notary public knows the affiants personally, he need not require them to
show their valid identification cards. This rule is supported by the definition of
jurat under Section 6, Rule II of the 2004 Rules on Notarial Practice. A 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; (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. In this case, Heneraline Brosas is a
sister of Atty. Revilla, Jr.s wife; Herizalyn Brosas Pedrosa is his wifes sister-inlaw; and Elmer Alvarado is the live-in houseboy of the Brosas family. Atty. Revilla,
Jr. knows the three affiants personally. Thus, he was justified in no longer
requiring them to show valid identification cards. But Atty. Revilla, Jr. is not
without fault for failing to indicate such fact in the jurat of the complaintaffidavit. No statement was included therein that he knows the three affiants
personally
Nevertheless, Atty. Revilla was reprimanded and disqualified from being
commissioned as a notary public, or from performing any notarial act if he is
presently commissioned as a notary public for a period of three months, because
he violated the disqualification rule under Section 3(c), Rule IV of the 2004 Rules
on Notarial Practice:
SEC. 3. Disqualifications. A notary public is disqualified from performing a
notarial act if he:
xxxx
(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity
or consanguinity of the principal within the fourth civil degree.