2004 Rules on Notarial Practice (A.M.

02-8-13-SC)

1. Purpose of Notarial Practice (Rule I, Section 2)

a) Promote, serve and protect public interest;
b) Simplify, clarify, and modernize the rules governing notaries public;
c) Foster ethical conduct among notaries public.

2. Acknowledgment (Rule II, Sec. 1) – 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 though
competent evidence of identity as defined by these Rules;
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 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.

2 or more pages of document = 2 paragraphs, last paragraph contains page numbers, kind of
instrument, signatures in all pages
1 page = 1 paragraph acknowledgment

RON, Rule II, Sec. 1: via videoconferencing facilities:

 Principal shall cause the delivery of the instrument or document requiring acknowledgment to
the notary public by personal or courier service (integrally complete, with handwritten signature
of principal, in a sealed envelope with principal’s initials +delivery details +2 IDs if lawyer doesn’t
know person +video clip of signing)

3. Jurat (Rule II, Sec. 6) – 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.

4. Difference of Acknowledgments from Jurat

ACKNOWLEDGMENT JURAT (swearing)

Act of one who has executed a deed in going
Part of an affidavit where the officer certifies that
before some competent officer or court and
the same was “sworn” before him
declaring it to be his act or deed
Accompanies any notarized documents that Accompanies any notarized document that is
transmits rights or properties declaratory in nature
 Authorizes deed to be given in evidence
without further proof of its execution; and Gives the document a legal character
 Entitles it to be recorded
 ü Affidavits
ü Authenticates an agreement ü Certifications
ü For document disposing property ü For statement of facts or attestation to the
truth of an event, under oath

Similarity:
 Parties appear before notary public; truthfulness of contents is not an element

5. When to use Acknowledgment and when to use Jurat

ACKNOWLEDGEMENT – when transmitting rights or properties
JURAT – when declaring

6. Distinguish the following:

a. Affirmation or Oath (Rule II, Sec. 2) – 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 truth of the contents of the instrument or document.

b. Commission (Rule II, Sec. 3) – grant of authority to perform notarial acts and to the written
evidence of the authority; certificate with expiration date (2 years)

c. Copy Certification (Rule II, Sec. 4) – 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.

Certification of a machine copy.

d. Notarial Register (Rule II, Sec. 5) – permanently bound book with numbered pages containing a
chronological record of notarial acts performed by a notarial public

e. Principal (Rule II, Sec. 10) – person appearing before the notary public whose act is the subject
of notarization
– (RON, Rule I, Sec. 6 (g)) – …including the person requesting copy certification by
videoconference

f. Signature Witnessing (Rule II, Sec. 14) – 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.
 g. Court (Rule II, Sec. 15) – Supreme Court of the Philippines

h. Regular place of work (Rule II, Sec. 11) – stationary office in the city or province wherein the
notary public renders legal and notarial services

i. Competent Evidence of Identity (Rule II, Sec. 12; amended by A.M. No. 02-8-13-SC, Feb. 19, 08)
– 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:
PRC (Professional Regulations Commision)
Postal
Voter’s
OWWA (Overseas Workers Welfare Administration)
OFW
ID
Government office
TIN (Tax Identification Number) (A.M. No. 20-07-04-SC, Rule I, Sec. 6 (b)
(i))
UMID (Unified Multi-Purpose ID) (2020 Rules on Remote Notarization of
Paper Documents, Rule I, Sec. 6 (b) (i))
GSIS (Government Service and Insurance System) e-card
SSS (Social Security System)
Card
PhilHealth
Senior citizen
Barangay
Certification NCWDP (National Council for the Welfare of Disabled Persons)
DSWD (Department of Social Welfare and Development)
NBI (National Bureau of Investigation)
Clearance
Police
Passport
Driver’s license
Others
Seaman’s book
Alien/Immigrant certificate of registration

b) Oath or affirmation of 1 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 2 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.
Contains: picture, name, address, signature; if with expiration, CHECK; Cedula needed not as
identification but as additional compliance with transference of property (LGC, not A.M.)

j. Other terms used

a) Notarial Act and Notarization (Rule II, Sec. 7)– any act that a notary public is empowered to
perform under these Rules
b) Notarial Certificate (Rule II, Sec. 8) – 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
c) Notary Public and Notary (Rule II, Sec. 9) – any person commissioned to perform official
acts under these Rules
d) Official Seal or Seal (Rule II, Sec. 13) – device for affixing a mark, image or impression on all
papers officially signed by the notary public conforming the requisites prescribed by these
Rules
e) Petitioner (Rule II, Sec. 16) – person who applies for a notarial commission
f) Office of the Court Administrator (Rule II, Sec. 17) – the Office of the Court Administrator of
the Supreme Court
g) Executive Judge (Rule II, Sec. 18) – the Executive Judge of the Regional Trial Court of a city
or province who issues a notarial commission; only in multi-sala court
h) Vendor (Rule II, Sec. 19) – seller of a notarial seal and shall include a wholesaler or retailer
i) Manufacturer (Rule II, Sec. 20) – one who produces a notarial seal and shall include an
engraver and seal maker
j) Courier Service (RON, Rule I, Sec. 6 (c)) – on-demand express delivery services (such as, but
not limited to, Lalamove, GrabExpress, and Transportify), as well as door-to-door express
delivery services (sabnlt LBC, JRS, DHL Express, FedEx, and 2go) including those services
offered by Private Express and/or Messengerial Delivery Services (PEMEDES) or courier
service providers authorized by the Department of Information and Communications
Technology (DICT), provided they are equipped with the shipment tracking facilities which
enable users to track the movement of shipments in real time
k) Geolocation (RON, Rule I, Sec. 6 (d)) – geographical location of a computer, networking
device, or equipment determined on the basis of geographical coordinates and
measurements
l) Locality (RON, Rule I, Sec. 6 (e)) – barangay, municipality, city, province, or country
m) “Personal appearance”, “appears in person”, “in the presence of the notary public” (RON,
Rule I, Sec. 6 (f)) – the principal, witness, and the notary public can see, hear, and
communicate with each other, and present and confirm competent evidence of identity to
each other in real time through the use of videoconferencing facilities and other devices or
technologies that achieve the same purposes
n) Quarantine (RON, Rule I, Sec. 6 (h)) – restriction of movement of persons within, into, and
out of a locality under quarantine designed to reduce the likelihood of transmission of
COVID-19 among persons in and to persons outside the affected area as declared by the
IATF, the provincial governors with regard component cities and municipalities, or mayors of
cities and municipalities with regard to barangays, both governors and mayors having the
concurrence of the relevant regional counterpart body of the IATF, The term “Quarantine”
may refer to GCQ, MGCQ, ECQ, MECQ
o) Videoconferencing facilities (RON, Rule I, Sec. 6 (i)) – any tool, device, system, application,
and technology that has sufficient interactive audio-video capabilities that allow all the
parties physically located in different locations to see, hear and communicate with, and
present and confirm competent evidence of identity to each other in real time. These
 facilities include Webex, Zoom, Google Meet, Microsoft Teams, and other similar web
conferencing platforms

7. Qualifications of a Notary Public (Rule III, Sec. 1)

a) Philippine citizenship
b) Over 21 y/o
c) Resident in the Philippines for at least 1 year and maintains a regular place of work or business
in the city or province where the commission is to be issued;
d) 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
e) Not have been convicted in the first instance of any crime involving moral turpitude

Are all lawyers notary public? No, file petition first in Court to Executive Judge.

8. Form of a petition for an application for a Notarial Commission (Rule III, Sec. 2)
a) Statement containing the petitioner’s personal qualifications, including date of birth, residence,
telephone number, professional tax receipt, roll of attorney’s number and IBP membership
number
b) Certification of GMC by at least 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
d) 3 passport-size color photographs with light background taken within 30 days of the application,
not retouched, name at the bottom part

9. Summary Hearing (Rule III, Sec. 4)

By Executive judge; shall grant it if:
a) Petition is sufficient in form and substance;
b) Petitioner proves the allegations contained in the petition; and
c) Petitioner establishes to the satisfaction of the Executive Judge that he has read and fully
understood these Rules.
Executive Judge shall issue a commission and a Certificate of Authorization to Purchase a Notarial Seal.

10. Jurisdiction and term of Notarial Commission (Rule III, Sec. 11)
Any place within the territorial jurisdiction of the commissioning court for 2 years commencing the 1 st
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.

11. Renewal of Notarial commission (Rule III, Sec. 13)

A notary public may file a written application with the Executive Judge for the renewal of his commission
within 45 days before its expiration. A mark, image or impression of the seal of the notary public shall be
attached.

Why within 45 days?

Failure to file 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 will be reinstated
after being issued a new commission.

12. Powers of a Notary Public (Rule IV, Sec. 1)

a) A notary public is empowered to perform the following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.

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

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.

13. Prohibitions (Rule IV, Sec. 2)

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.

14. Disqualifications of a Notary Public (Rule IV, Sec. 3)

a) Party to the instrument or document that is to be notarized;
b) Receives, 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) Spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the
principal within the fourth civil degree.

(Rule IV, Sec. 4) Not allowed to refuse notarization, except:

1. There is good reason to believe that the notarial act or transaction is unlawful or immoral;
2. 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
3. In the notary’s judgment, the signatory is not acting of his or her own free will.

(Rule IV, Sec. 5) Notary shall not:

1. Execute a certificate containing information known or believed by the notary to be false.
2. Affix an official signature or seal on a notarial certificate that is incomplete
Official signature – not ready made

(Rule IV, Sec. 6) A notary public shall not notarize:

1. A blank or incomplete instrument or document; or
2. An instrument or document without appropriate notarial certification.

PROCESS:
1. File in office of clerk of court in RTC
2. Payment of application fee
3. Summary Hearing
4. Notice shall be posted in the designated court areas and published in a newspaper of general
circulation (24k, 1/32 of the newspaper)
5. Any person who has cause to oppose the same may file a written opposition

When Notarization Needed for a Private Document:

1. Donation of immovable property (CC, Art. 749)
2. Immovable contributed in articles of partnership, more than 3k (CC, 1771-’73)
3. Notarial will
4. Registration of documents
5. Transfer of ownership (1498) – equivalent to delivery
6. Admissibility of documents in court

Efficient Use of Paper Rule (A.M. No. 11-9-4-SC)

15. Format, styles, margins and prints of pleadings, motions and other papers (Court-bound papers)
 Single space
 1 ½ space between paragraphs
 Easily readable font
 14 font size
 13 in. x 8.5 in white bond paper
 1.5 in. left margin, 1.2 in. upper margin, 1.0 in. right and lower margins
 Consecutive numbering of pages
 Copies to:
o SC – 1 original, 4 copies; +10 copies if en banc; 2 annexes, 1 attach to original; +softcopies,
annex in PDF
o CA, CTA and SB: 1 original, 2 copies with annexes
o CTA en banc – 1 original 8 copies with annexes
o Other courts – 1 original with annexes
TIPS IN MAKING AFFIDAVITS
1. Know when to make an affidavit
2. Know how to make it

Parts of a typical affidavit:

1. Venue
2. Title
3. Personal circumstances
4. Oath
5. Statement of facts
6. Signature
7. Jurat

AFFIDAVIT OF LOSS PARTS:

a. Scilicet – actually only the S.S., not the whole paragraph; means that the affidavit was made there
b. Designation
c. 1st paragraph – affiant and personal circumstances; IMPORTANT: ‘after having been duly sworn to in
accordance with law’
d. Statement of Facts – chronological
i. Last paragraph: execute to attest to truthfulness and other purpose (securing replacement, etc.)
e. Signature of Affiant with ID – In witness whereof…
f. Jurat: Subscribed and sworn to before me this __ day of ____ of in the City of Baguio, Philippines.
– GR: show ID; Exception: if personally known, no need
– Sample: SUBSCRIBED and SWORN to before me by the affiant personally known to my…

AFFIDAVIT OF CONSENT AND SUPPORT – usually by parents

AFFIDAVIT OF COHABITATION – if living together for at least 5 years, no legal impediment, to be
excused from securing marriage license
– Form for joint affidavit of cohabitation may be given by civil registry
– Needs certificate of no marriage
AFFIDAVIT OF CORRECTION OF DISCREPANCY – may be settled administratively
– Exception (go to court): nationality, status, year of birth
AFFIDAVIT OF FUNERAL EXPENSES – to claim funeral benefits from SSS/GSIS
AFFIDAVIT OF LATE REGISTRATION – for birth, marriage, death
AFFIDAVIT OF LEGITIMATION – even if one parent was not of legal age
AFFIDAVIT OF SOLO PARENT – in accordance with R.A. 8972 (raped, death of spouse, legal separation,
nullity of marriage, abandonment, incapacitated spouse, someone who assumes responsibility)

SPA Parts:
1. Venue and Title
2. Personal Circumstance Appointment – “name, constitute, and appoint”
3. Power
4. Granting authority – “hereby giving and granting”
5. Acknowledgement

Parts of a typical deed:

1. Venue
2. Title
3. Announcement
4. 1st party (vendor, assignor, party 1 (in exchange), donor, principal)
5. Consideration
6. Act or conveyance
7. 2nd party (vendee, assignee, party 2 (exchange), donee, agent or attorney in fact)
8. Signature
9. Acknowledgement

DEED OF SALE OF REAL PROPERTY – technical description could be scanned/pictured; attach sources
other than TCT
– If married, put ‘(formerly single)’ after civil status so signature of spouse wouldn’t be needed
– Executed if property covered by certificate of title

WAIVER OF RIGHTS – executed if real property is covered by tax declaration