Notarial Act
Notarial Act
Notarial Act
SEC. 16. Petitioner. - “Petitioner” refers to a person who SEC. 4. Summary Hearing on the Petition. - The
applies for a notarial commission. Executive Judge shall conduct a summary hearing on
the petition and shall grant the same if:
SEC. 17. Office of the Court Administrator. - “Office of (a) the petition is sufficient in form and substance;
the Court Administrator” refers to the Office of the (b) the petitioner proves the allegations contained in
Court Administrator of the Supreme Court. the petition; and
(c) the petitioner establishes to the satisfaction of the
SEC. 18. Executive Judge. - “Executive Judge” refers to Executive Judge that he has read and fully understood
the Executive Judge of the Regional Trial Court of a city these Rules.
or province who issues a notarial commission. The Executive Judge shall forthwith issue a commission
and a Certificate of Authorization to Purchase a Notarial
SEC. 19. Vendor. - “Vendor” under these Rules refers to Seal in favor of the petitioner.
a seller of a notarial seal and shall include a wholesaler
or retailer. SEC. 5. Notice of Summary Hearing. -
(a) The notice of summary hearing shall be published in
SEC. 20. Manufacturer. - “Manufacturer” under these a newspaper of general circulation in the city or
Rules refers to one who produces a notarial seal and province where the hearing shall be conducted and
shall include an engraver and seal maker. posted in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court. The cost of
RULE III the publication shall be borne by the petitioner. The
COMMISSIONING OF NOTARY PUBLIC notice may include more than one petitioner.
(b) The notice shall be substantially in the following
SECTION 1. Qualifications. - A notarial commission may form:
be issued by an Executive Judge to any qualified person
who submits a petition in accordance with these Rules.
NOTICE OF HEARING SEC. 10. Official Seal of Notary Public. - Every person
Notice is hereby given that a summary hearing on the commissioned as notary public shall have only one
petition for notarial commission of (name of official seal of office in accordance with these Rules.
petitioner) shall be held on (date) at (place) at (time).
Any person who has any cause or reason to object to SEC. 11. Jurisdiction and Term. - A person commissioned
the grant of the petition may file a verified written as notary public may perform notarial acts in any place
opposition thereto, received by the undersigned within the territorial jurisdiction of the commissioning
before the date of the summary hearing.chanrobles court for a period of two (2) years commencing the first
virtual law library day of January of the year in which the commissioning is
_____________________ made, unless earlier revoked or the notary public has
Executive Judge resigned under these Rules and the Rules of Court.
SEC. 6. Opposition to Petition. - Any person who has any SEC. 12. Register of Notaries Public. - The Executive
cause or reason to object to the grant of the petition Judge shall keep and maintain a Register of Notaries
may file a verified written opposition thereto. The Public in his jurisdiction which shall contain, among
opposition must be received by the Executive Judge others, the dates of issuance or revocation or
before the date of the summary hearing. suspension of notarial commissions, and the resignation
or death of notaries public. The Executive Judge shall
SEC. 7. Form of Notarial Commission. - The furnish the Office of the Court Administrator
commissioning of a notary public shall be in a formal information and data recorded in the register of
order signed by the Executive Judge substantially in the notaries public. The Office of the Court Administrator
following form: shall keep a permanent, complete and updated
database of such records.
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF ______________ SEC. 13. Renewal of Commission. - A notary public may
This is to certify that (name of notary public) of file a written application with the Executive Judge for
(regular place of work or business) in (city or province) the renewal of his commission within forty-five (45)
was on this (date) day of (month) two thousand and days before the expiration thereof. A mark, image or
(year) commissioned by the undersigned as a notary impression of the seal of the notary public shall be
public, within and for the said jurisdiction, for a term attached to the application.
ending the thirty-first day of December (year) Failure to file said application will result in the deletion
________________________ of the name of the notary public in the register of
Executive Judge notaries public.
The notary public thus removed from the Register of
SEC. 8. Period Of Validity of Certificate of Authorization Notaries Public may only be reinstated therein after he
to Purchase a Notarial Seal. - The Certificate of is issued a new commission in accordance with these
Authorization to Purchase a Notarial Seal shall be valid Rules.
for a period of three (3) months from date of issue,
unless extended by the Executive Judge. SEC. 14. Action on Application for Renewal of
A mark, image or impression of the seal that may be Commission. - The Executive Judge shall, upon payment
purchased by the notary public pursuant to the of the application fee mentioned in Section 3 above of
Certificate shall be presented to the Executive Judge for this Rule, act on an application for the renewal of a
approval prior to use. commission within thirty (30) days from receipt thereof.
If the application is denied, the Executive Judge shall
SEC. 9. Form of Certificate of Authorization to Purchase state the reasons therefor.
a Notarial Seal. - The Certificate of Authorization to RULE IV
Purchase a Notarial Seal shall substantially be in the POWERS AND LIMITATIONS OF NOTARIES PUBLIC
following form:
SECTION 1. Powers. - (a) A notary public is empowered
REPUBLIC OF THE PHILIPPINES to perform the following notarial acts:
REGIONAL TRIAL COURT OF_____________ (1) acknowledgments;
CERTIFICATE OF AUTHORIZATION (2) oaths and affirmations;
TO PURCHASE A NOTARIAL SEAL (3) jurats;
This is to authorize (name of notary public) of (city or (4) signature witnessings;
province) who was commissioned by the undersigned (5) copy certifications; and
as a notary public, within and for the said jurisdiction, (6) any other act authorized by these Rules.
for a term ending, the thirty-first of December (year)
to purchase a notarial seal.chanrobles virtual law (b) A notary public is authorized to certify the affixing of
library a signature by thumb or other mark on an instrument or
Issued this (day) of (month) (year). document presented for notarization if:
________________________ (1) the thumb or other mark is affixed in the presence
Executive Judge 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 SEC. 4. Refusal to Notarize. - A notary public shall not
the thumb or other mark; perform any notarial act described in these Rules for
(3) the notary public writes below the thumb or other any person requesting such an act even if he tenders
mark: "Thumb or Other Mark affixed by (name of the appropriate fee specified by these Rules if:
signatory by mark) in the presence of (names and (a) the notary knows or has good reason to believe that
addresses of witnesses) and undersigned notary public"; the notarial act or transaction is unlawful or immoral;
and (b) the signatory shows a demeanor which engenders
(4) the notary public notarizes the signature by thumb in the mind of the notary public reasonable doubt as to
or other mark through an acknowledgment, jurat, or the former's knowledge of the consequences of the
signature witnessing. transaction requiring a notarial act; and
(c) in the notary's judgment, the signatory is not acting
(c) A notary public is authorized to sign on behalf of a of his or her own free will.
person who is physically unable to sign or make a mark
on an instrument or document if: SEC. 5. False or Incomplete Certificate. - A notary public
(1) the notary public is directed by the person unable to shall not:
sign or make a mark to sign on his behalf; (a) execute a certificate containing information known
(2) the signature of the notary public is affixed in the or believed by the notary to be false.
presence of two disinterested and unaffected witnesses (b) affix an official signature or seal on a notarial
to the instrument or document; certificate that is incomplete.
(3) both witnesses sign their own names ;
(4) the notary public writes below his signature: SEC. 6. Improper Instruments or Documents. - A notary
“Signature affixed by notary in presence of (names and public shall not notarize:
addresses of person and two [2] witnesses)”; and (a) a blank or incomplete instrument or document; or
(5)the notary public notarizes his signature by (b) an instrument or document without appropriate
acknowledgment or jurat. notarial certification.
SEC. 2. Entries in the Notarial Register. – (h) A certified copy of each month's entries and a
(a) For every notarial act, the notary shall record in the duplicate original copy of any instrument acknowledged
notarial register at the time of notarization the before the notary public shall, within the first ten (10)
following: days of the month following, be forwarded to the Clerk
(1) the entry number and page number; of Court and shall be under the responsibility of such
(2) the date and time of day of the notarial act; officer. If there is no entry to certify for the month, the
(3) the type of notarial act; notary shall forward a statement to this effect in lieu of
(4) the title or description of the instrument, document certified copies herein required.
or proceeding;
(5) the name and address of each principal; SEC. 3. Signatures and Thumbmarks. - At the time of
(6) the competent evidence of identity as defined by notarization, the notary's notarial register shall be
these Rules if the signatory is not signed or a thumb or other mark affixed by each:
personally known to the notary; (a) principal;
(7) the name and address of each credible witness (b) credible witness swearing or affirming to the identity
swearing to or affirming the person's identity; of a principal; and
(8) the fee charged for the notarial act; (c) witness to a signature by thumb or other mark, or to
(9) the address where the notarization was performed if a signing by the notary public on behalf of a person
not in the notary's regular place of work or business; physically unable to sign.
and
(10) any other circumstance the notary public may SEC. 4. Inspection, Copying and Disposal. –
deem of significance or relevance. (a) In the notary's presence, any person may inspect an
entry in the notarial register, during regular business
(b) A notary public shall record in the notarial register hours, provided;
the reasons and circumstances for not completing a (1) the person's identity is personally known to the
notarial act. notary public or proven through competent evidence of
identity as defined in these Rules;
(c) A notary public shall record in the notarial register (2) the person affixes a signature and thumb or other
the circumstances of any request to inspect or copy an mark or other recognized identifier, in the notarial
entry in the notarial register, including the requester's register in a separate, dated entry;
name, address, signature, thumbmark or other (3) the person specifies the month, year, type of
recognized identifier, and evidence of identity. The instrument or document, and name of the principal in
reasons for refusal to allow inspection or copying of a the notarial act or acts sought; and
journal entry shall also be recorded. (4) the person is shown only the entry or entries
specified by him.
(d) When the instrument or document is a contract, the
notary public shall keep an original copy thereof as part (b) The notarial register may be examined by a law
of his records and enter in said records a brief enforcement officer in the course of an official
description of the substance thereof and shall give to investigation or by virtue of a court order.
each entry a consecutive number, beginning with
number one in each calendar year. He shall also retain a (c) If the notary public has a reasonable ground to
duplicate original copy for the Clerk of Court. believe that a person has a criminal intent or wrongful
motive in requesting information from the notarial notary public, after informing the appropriate law
register, the notary shall deny access to any entry or enforcement agency, shall notify the Executive Judge in
entries therein. writing, providing proper receipt or acknowledgment,
including registered mail, and in the event of a crime
SEC. 5. Loss, Destruction or Damage of Notarial committed, provide a copy or entry number of the
Register. – appropriate police record. Upon receipt of such notice,
(a) In case the notarial register is stolen, lost, destroyed, if found in order by the Executive Judge, the latter shall
damaged, or otherwise rendered unusable or illegible as order the notary public to cause notice of such loss or
a record of notarial acts, the notary public shall, within damage to be published, once a week for three (3)
ten (10) days after informing the appropriate law consecutive weeks, in a newspaper of general
enforcement agency in the case of theft or vandalism, circulation in the city or province where the notary
notify the Executive Judge by any means providing a public is commissioned. Thereafter, the Executive Judge
proper receipt or acknowledgment, including registered shall issue to the notary public a new Certificate of
mail and also provide a copy or number of any pertinent Authorization to Purchase a Notarial Seal.
police report.
(e) Within five (5) days after the death or resignation of
(b) Upon revocation or expiration of a notarial the notary public, or the revocation or expiration of a
commission, or death of the notary public, the notarial notarial commission, the official seal shall be
register and notarial records shall immediately be surrendered to the Executive Judge and shall be
delivered to the office of the Executive Judge. destroyed or defaced in public during office hours. In
the event that the missing, lost or damaged seal is later
SEC. 6. Issuance of Certified True Copies. - The notary found or surrendered, it shall be delivered by the notary
public shall supply a certified true copy of the notarial public to the Executive Judge to be disposed of in
record, or any part thereof, to any person applying for accordance with this section. Failure to effect such
such copy upon payment of the legal fees. surrender shall constitute contempt of court. In the
event of death of the notary public, the person in
RULE VII possession of the official seal shall have the duty to
SIGNATURE AND SEAL OF NOTARY PUBLIC surrender it to the Executive Judge.
SECTION 1. Official Signature. – In notarizing a paper SEC. 3. Seal Image. - The notary public shall affix a
instrument or document, a notary public shall: single, clear, legible, permanent, and photographically
(a) sign by hand on the notarial certificate only the reproducible mark, image or impression of the official
name indicated and as appearing on the notary's seal beside his signature on the notarial certificate of a
commission; paper instrument or document.
(b) not sign using a facsimile stamp or printing device;
and SEC. 4. Obtaining and Providing Seal. –
(c) affix his official signature only at the time the (a) A vendor or manufacturer of notarial seals may not
notarial act is performed. sell said product without a written authorization from
the Executive Judge.
SEC. 2. Official Seal. –
(a) Every person commissioned as notary public shall (b) Upon written application and after payment of the
have a seal of office, to be procured at his own expense, application fee, the Executive Judge may issue an
which shall not be possessed or owned by any other authorization to sell to a vendor or manufacturer of
person. It shall be of metal, circular in shape, two inches notarial seals after verification and investigation of the
in diameter, and shall have the name of the city or latter's qualifications. The Executive Judge shall charge
province and the word “Philippines” and his own name an authorization fee in the amount of PhP 4,000 for the
on the margin and the roll of attorney's number on the vendor and PhP 8,000 for the manufacturer. If a
face thereof, with the words "notary public" across the manufacturer is also a vendor, he shall only pay the
center. A mark, image or impression of such seal shall manufacturer's authorization fee.
be made directly on the paper or parchment on which
the writing appears. (c) The authorization shall be in effect for a period of
four (4) years from the date of its issuance and may be
(b) The official seal shall be affixed only at the time the renewed by the Executive Judge for a similar period
notarial act is performed and shall be clearly impressed upon payment of the authorization fee mentioned in
by the notary public on every page of the instrument or the preceding paragraph.
document notarized.
(d) A vendor or manufacturer shall not sell a seal to a
(c) When not in use, the official seal shall be kept safe buyer except upon submission of a certified copy of the
and secure and shall be accessible only to the notary commission and the Certificate of Authorization to
public or the person duly authorized by him. Purchase a Notarial Seal issued by the Executive Judge.
A notary public obtaining a new seal as a result of
(d) Within five (5) days after the official seal of a notary change of name shall present to the vendor or
public is stolen, lost, damaged or other otherwise manufacturer a certified copy of the Confirmation of
rendered unserviceable in affixing a legible image, the the Change of Name issued by the Executive Judge.
(e) Only one seal may be sold by a vendor or (official signature)
manufacturer for each Certificate of Authorization to (seal of Executive Judge)
Purchase a Notarial Seal.
RULE X
(f) After the sale, the vendor or manufacturer shall affix CHANGES OF STATUS OF NOTARY PUBLIC
a mark, image or impression of the seal to the
Certificate of Authorization to Purchase a Notarial Seal SECTION 1. Change of Name and Address. -
and submit the completed Certificate to the Executive Within ten (10) days after the change of name of the
Judge. Copies of the Certificate of Authorization to notary public by court order or by marriage, or after
Purchase a Notarial Seal and the buyer's commission ceasing to maintain the regular place of work or
shall be kept in the files of the vendor or manufacturer business, the notary public shall submit a signed and
for four (4) years after the sale. dated notice of such fact to the Executive Judge.
(g) A notary public obtaining a new seal as a result of The notary public shall not notarize until:
change of name shall present to the vendor a certified (a) he receives from the Executive Judge a confirmation
copy of the order confirming the change of name issued of the new name of the notary public and/or change of
by the Executive Judge. regular place of work or business; and
(b) a new seal bearing the new name has been
RULE VIII obtained.
NOTARIAL CERTIFICATES The foregoing notwithstanding, until the
aforementioned steps have been completed, the notary
SECTION 1. Form of Notarial Certificate. - The notarial public may continue to use the former name or regular
form used for any notarial instrument or document place of work or business in performing notarial acts for
shall conform to all the requisites prescribed herein, the three (3) months from the date of the change, which
Rules of Court and all other provisions of issuances by may be extended once for valid and just cause by the
the Supreme Court and in applicable laws. Executive Judge for another period not exceeding three
(3) months.
SEC. 2. Contents of the Concluding Part of the Notarial
Certificate. – The notarial certificate shall include the SEC. 2. Resignation. - A notary public may resign his
following: commission by personally submitting a written, dated
(a) the name of the notary public as exactly indicated in and signed formal notice to the Executive Judge
the commission; together with his notarial seal, notarial register and
(b) the serial number of the commission of the notary records. Effective from the date indicated in the notice,
public; he shall immediately cease to perform notarial acts. In
(c) the words "Notary Public" and the province or city the event of his incapacity to personally appear, the
where the notary public is commissioned, the expiration submission of the notice may be performed by his duly
date of the commission, the office address of the notary authorized representative.
public; and
(d) the roll of attorney's number, the professional tax SEC. 3. Publication of Resignation. - The Executive Judge
receipt number and the place and date of issuance shall immediately order the Clerk of Court to post in a
thereof, and the IBP membership number. conspicuous place in the offices of the Executive Judge
and of the Clerk of Court the names of notaries public
RULE IX who have resigned their notarial commissions and the
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC effective dates of their resignation.