2004 RULES ON NOTARIAL PRACTICE

RULE I
IMPLEMENTATION

RULE II
DEFINITIONS

SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in which

an individual on a single occasion:

(a) appears in person before the notary public and presents an integrally
complete instrument or document;

(b) is attested to be personally known to the notary public or identified by

the notary public through competent evidence of identity as defined by these
Rules; and -

(c) represents to the notary public that the signature on the instrument or
document was voluntarily affixed by him for the purposes stated in the
instrument or document, declares that he has executed the instrument or
document as his free and voluntary act and deed, and, if he acts in a
particular representative capacity, that he has the authority to sign in that
capacity.

SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath” refers to an

act in which an individual on a single occasion:

(a) appears in person before the notary public;

(b) is personally known to the notary public or identified by the notary

public through competent evidence of identity as defined by these Rules;
and

(c) avows under penalty of law to the whole truth of the contents of the
instrument or document.

SEC. 3. Commission. - “Commission” refers to the grant of authority to

perform notarial acts and to the written evidence of the authority.

SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act in

which a notary public:

(a) is presented with an instrument or document that is neither a vital

record, a public record, nor publicly recordable;

(b) copies or supervises the copying of the instrument or document;

(c) compares the instrument or document with the copy; and

(d) determines that the copy is accurate and complete.

SEC. 5. Notarial Register. - “Notarial Register” refers to a permanently
bound book with numbered pages containing a chronological record of
notarial acts performed by a notary public.

SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a single

occasion:

(a) appears in person before the notary public and presents an instrument
or document;

(b) is personally known to the notary public or identified by the notary

public through competent evidence of identity as defined by these Rules;

(c) signs the instrument or document in the presence of the notary; and

(d) takes an oath or affirmation before the notary public as to such

instrument or document.

SEC. 7. Notarial Act and Notarization. - “Notarial Act” and “Notarization”

refer to any act that a notary public is empowered to perform under these
Rules.

SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the part of, or

attachment to, a notarized instrument or document that is completed by the
notary public, bears the notary's signature and seal, and states the facts
attested to by the notary public in a particular notarization as provided for
by these Rules.

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

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

notary public whose act is the subject of notarization.
SEC. 11. Regular Place of Work or Business. - The term “regular place of
work or business” refers to a stationary office in the city or province wherein
the notary public renders legal and notarial services.

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

of identity” refers to the identification of an individual based on:
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(a) at least one current identification document issued by an official agency

bearing the photograph and signature of the individual, such as but not
limited to, passport, driver’s license, Professional Regulations Commission
ID, National Bureau of Investigation clearance, police clearance, postal ID,
voter’s ID, Barangay certification, Government Service and Insurance
System (GSIS) e-card, Social Security System (SSS) card, Philhealth card,
senior citizen card, Overseas Workers Welfare Administration (OWWA) ID,
OFW ID, seaman’s book, alien certificate of registration/immigrant certificate
of registration, government office ID, certification from the National Council
for the Welfare of Disable Persons (NCWDP), Department of Social Welfare
and Development (DSWD) certification; or
(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;

(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.
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SEC. 18. Executive Judge. - “Executive Judge” refers to the Executive Judge
of the Regional Trial Court of a city or province who issues a notarial
commission.

SEC. 19. Vendor. - “Vendor” under these Rules refers to a seller of a

notarial seal and shall include a wholesaler or retailer.

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

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

RULE III
COMMISSIONING OF NOTARY PUBLIC

SEC. 10. Official Seal of Notary Public. - Every person commissioned as

notary public shall have only one official seal of office in accordance with
these Rules.

SEC. 11. Jurisdiction and Term. - A person commissioned as notary public

may perform notarial acts in any place within the territorial jurisdiction of
the commissioning court for a period of two (2) years commencing the first
day of January of the year in which the commissioning is made, unless
earlier revoked or the notary public has resigned under these Rules and the
Rules of Court.

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

SEC. 13. Renewal of Commission. - A notary public may file a written

application with the Executive Judge for the renewal of his commission
within forty-five (45) days before the expiration thereof. A mark, image or
impression of the seal of the notary public shall be attached to the
application.

Failure to file said application will result in the deletion of the name of the
notary public in the register of notaries public.

The notary public thus removed from the Register of Notaries Public may
only be reinstated therein after he is issued a new commission in accordance
with these Rules.

SEC. 14. Action on Application for Renewal of Commission. - The Executive

Judge shall, upon payment of the application fee mentioned in Section 3
above of this Rule, act on an application for the renewal of a commission
within thirty (30) days from receipt thereof. If the application is denied, the
Executive Judge shall state the reasons therefor.

RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC

SECTION 1. Powers. - (a) A notary public is empowered to perform the

following notarial acts:

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

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

thumb or other mark on an instrument or document presented for
notarization if:
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(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";

(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
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.

(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 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 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 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).

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.