notarial rules of court

8/14/2019 Notarial Rules of Court

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EN BANC

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

RESOLUTION

Acting on the compliance dated 05 July 2004 and on theproposed Rules on Notarial Practice of 2004 submitted by the Sub-Committee for the Study, Drafting and ormulation of the !ules"o#erning the Appointment of $otaries %ublic and the %erformance and&'ercise of (heir )fficial unctions, of the Committees on !e#ision of

the !ules of Court and on *egal &ducation and +ar atters, the Court!esol#ed to A%%!)& the proposed Rules on Notarial Practice of2004, .ith modifications, thus/

2004 !ules on $otarial %ractice

RULE I

IMPLEMENTATION

S&C()$ 1 Title. - (hese !ules shall be 3no.n as the 2004 Ruleson Notarial Practice.

S&C 2 Purposes. - (hese !ules shall be applied and construed toad#ance the follo.ing purposes/

a to promote, ser#e, and protect public interest6

b to simplify, clarify, and moderni7e the rules go#erning notaries public6 and

c to foster ethical conduct among notaries public

S&C 8 Interpretation. - 9nless the conte't of these !ules other.iseindicates, .ords in the singular include the plural, and .ords in theplural include the singular

RULE II


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DEFINITIONS

S&C()$ 1Acknowledgment. - :Ac3no.ledgment: refers to an actin .hich an indi#idual on a single occasion/

a appears in person before the notary public and presents an integrally

complete instrument or document6

b is attested to be personally 3no.n to the notary public or identified by thenotary public through competent e#idence of identity as defined by these!ules6 and

c represents to the notary public that the signature on the instrument ordocument .as #oluntarily affi'ed by him for the purposes stated in theinstrument or document, declares that he has e'ecuted the instrument ordocument as his free and #oluntary act and deed, and, if he acts in aparticular representati#e capacity, that he has the authority to sign in thatcapacity

S&C 2Affirmation or at!. - (he term :Affirmation: or :)ath: refersto an act in .hich an indi#idual on a single occasion/

a appears in person before the notary public6

b is personally 3no.n to the notary public or identified by the notary publicthrough competent e#idence of identity as defined by these !ules6 and

c a#o.s under penalty of la. to the .hole truth of the contents of theinstrument or document

S&C 8 "ommission. - :Commission: refers to the grant of authorityto perform notarial acts and to the .ritten e#idence of the authority

S&C 4 Copy "ertification. - :Copy Certification: refers to a notarialact in .hich a notary public/

a is presented .ith an instrument or document that is neither a #ital record, apublic record, nor publicly recordable6

b copies or super#ises the copying of the instrument or document6

c compares the instrument or document .ith the copy6 and

d determines that the copy is accurate and complete

S&C 5 Notarial Register. - :$otarial !egister: refers to a

permanently bound boo3 .ith numbered pages containing achronological record of notarial acts performed by a notary public

S&C ; #urat. - :Jurat: refers to an act in .hich an indi#idual on asingle occasion/

a appears in person before the notary public and presents an instrument ordocument6


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b is personally 3no.n to the notary public or identified by the notary publicthrough competent e#idence of identity as defined by these !ules6

c signs the instrument or document in the presence of the notary6 and

d ta3es an oath or affirmation before the notary public as to such instrument ordocument

S&C


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a appears in person before the notary public and presents an instrument ordocument6

b is personally 3no.n to the notary public or identified by the notary publicthrough competent e#idence of identity as defined by these !ules6 and

c signs the instrument or document in the presence of the notary public

S&C 15 "ourt. - :Court: refers to the Supreme Court of the%hilippines

S&C 1; Petitioner. - :%etitioner: refers to a person .ho applies fora notarial commission

S&C 1


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5 must not ha#e been con#icted in the first instance of any crime in#ol#ingmoral turpitude

S&C 2 /orm of t!e Petition and +upporting Documents - erypetition for a notarial commission shall be in .riting, #erified, and shallinclude the follo.ing/

a a statement containing the petitioner>s personal ualifications, including thepetitioner>s date of birth, residence, telephone number, professional ta'receipt, roll of attorney>s number and +% membership number6 ,

b certification of good moral character of the petitioner by at least t.o 2e'ecuti#e officers of the local chapter of the ntegrated +ar of the %hilippines.here he is applying for commission6

c proof of payment for the filing of the petition as reuired by these !ules6 and

d three 8 passport-si7e color photographs .ith light bac3ground ta3en .ithinthirty 80 days of the application (he photograph should not be retouched

(he petitioner shall sign his name at the bottom part of the photographsS&C 8Application /ee. - ery petitioner for a notarial commission

shall pay the application fee as prescribed in the !ules of Court

S&C 4 Summary earing on t!e Petition. - (he &'ecuti#e Judgeshall conduct a summary hearing on the petition and shall grant thesame if/

a the petition is sufficient in form and substance6

b the petitioner pro#es the allegations contained in the petition6 and

c the petitioner establishes to the satisfaction of the &'ecuti#e Judge that hehas read and fully understood these !ules

(he &'ecuti#e Judge shall forth.ith issue a commission and aCertificate of Authori7ation to %urchase a $otarial Seal in fa#or of thepetitioner

S&C 5 Notice of +ummar% earing. - a (he notice of summaryhearing shall be published in a ne.spaper of general circulation in thecity or pro#ince .here the hearing shall be conducted and posted in aconspicuous place in the offices of the &'ecuti#e Judge and of the Cler3of Court (he cost of the publication shall be borne by the petitioner(he notice may include more than one petitioner

b (he notice shall be substantially in the follo.ing form6

NOTICE OF HEARING


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Notice is hereby given that a summary hearing on the petition for notarial

commission of name of petitioner! shall be hel" on "ate! at place! at time!#

Any person $ho has any cause or reason to ob%ect to the grant of the petition

may file a verifie" $ritten opposition thereto& receive" by the un"ersigne"

before the "ate of the summary hearing#

''''''''''''''

E(ecutive )u"ge

S&C ; pposition to Petition. -Any person .ho has any cause orreason to ob@ect to the grant of the petition may file a #erified .rittenopposition thereto (he opposition must be recei#ed by the &'ecuti#eJudge before the date of the summary hearing

S&C


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REGIONA- TRIA- CO+RT OF'''''''''''''

CERTIFICATE OF A+THORI2ATION TO *+RCHA.E A NOTARIA-

.EA-

This is to authori3e name of notary public! of city or province! $ho $ascommissione" by the un"ersigne" as a notary public& $ithin an" for the sai"

%uris"iction& for a term en"ing& the thirty0first of 1ecember year! to purchase a

notarial seal#

Issue" this "ay! of month! year!#

'''''''''''''''

E(ecutive )u"ge

S&C 10 fficial +eal of Notar% Pu&lic. - ery personcommissioned as notary public shall ha#e only one official seal of officein accordance .ith these !ules

S&C 11 #urisdiction and Term. -A person commissioned as notarypublic may perform notarial acts in any place .ithin the territorial

@urisdiction of the commissioning court for a period of t.o 2 yearscommencing the first day of January of the year in .hich thecommissioning is made, unless earlier re#o3ed or the notary public hasresigned under these !ules and the !ules of Court

S&C 12 Register of Notaries Pu&lic. - (he &'ecuti#e Judge shall3eep and maintain a !egister of $otaries %ublic in his @urisdiction .hichshall contain, among others, the dates of issuance or re#ocation orsuspension of notarial commissions, and the resignation or death ofnotaries public (he &'ecuti#e Judge shall furnish the )ffice of theCourt Administrator information and data recorded in the register ofnotaries public (he )ffice of the Court Administrator shall 3eep apermanent, complete and updated database of such records

S&C 18 Renewal of "ommission. -A notary public may file a.ritten application .ith the &'ecuti#e Judge for the rene.al of his

commission .ithin forty-fi#e 45 days before the e'piration thereof Amar3, image or impression of the seal of the notary public shall beattached to the application

ailure to file said application .ill result in the deletion of the nameof the notary public in the register of notaries public


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(he notary public thus remo#ed from the !egister of $otaries %ublicmay only be reinstated therein after he is issued a ne. commission inaccordance .ith these !ules

S&C 14Action on Application for Renewal of "ommission. - (he

&'ecuti#e Judge shall, upon payment of the application fee mentionedin Section 8 abo#e of this !ule, act on an application for the rene.al ofa commission .ithin thirty 80 days from receipt thereof f theapplication is denied, the &'ecuti#e Judge shall state the reasonstherefor

RULE IV

POWERS AND LIMITATIONS OF NOTARIES PUBLIC

S&C()$ 1 %o.ers - a A notary public is empo.ered to performthe follo.ing notarial acts/

4! ac/no$le"gments5

6! oaths an" affirmations5

7! %urats5

8! signature $itnessings5

9! copy certifications5 an"

:! any other act authori3e" by these Rules#

b A notary public is authori7ed to certify the affi'ing of a signature by thumb orother mar3 on an instrument or document presented for notari7ation if/

1the thumb or other mar3 is affi'ed in the presence of the notary public andof t.o 2 disinterested and unaffected .itnesses to the instrument ordocument6

2 both .itnesses sign their o.n names in addition to the thumb or othermar36

8 the notary public .rites belo. the thumb or other mar3/ :(humb or )therar3 affi'ed by name of signatory by mar3 in the presence of namesand addresses of .itnesses and undersigned notary public:6 and

4 the notary public notari7es the signature by thumb or other mar3 throughan ac3no.ledgment, @urat, or signature .itnessing


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c A notary public is authori7ed to sign on behalf of a person .ho is physicallyunable to sign or ma3e a mar3 on an instrument or document if/

1 the notary public is directed by the person unable to sign or ma3e a mar3to sign on his behalf6

2 the signature of the notary public is affi'ed in the presence of t.o

disinterested and unaffected .itnesses to the instrument or document6

8 both .itnesses sign their o.n names 6

4 the notary public .rites belo. his signature/ :Signature affi'ed by notaryin presence of names and addresses of person and t.o 23 .itnesses:6and

5 the notary public notari7es his signature by ac3no.ledgment or @urat

S&C 2 Pro!i&itions. - a A notary public shall not perform a notarialact outside his regular place of .or3 or business6 pro#ided, ho.e#er,that on certain e'ceptional occasions or situations, a notarial act may be

performed at the reuest of the parties in the follo.ing sites located.ithin his territorial @urisdiction/

1 public offices, con#ention halls, and similar places .here oaths of officemay be administered6

2 public function areas in hotels and similar places for the signing ofinstruments or documents reuiring notari7ation6

8 hospitals and other medical institutions .here a party to an instrument ordocument is confined for treatment6 and

4 any place .here a party to an instrument or document reuiring

notari7ation is under detention

b A person shall not perform a notarial act if the person in#ol#ed as signatoryto the instrument or document -

1 is not in the notary>s presence personally at the time of the notari7ation6and

2 is not personally 3no.n to the notary public or other.ise identified by thenotary public through competent e#idence of identity as defined by these!ules

S&C 8 is5ualifications. -A notary public is disualified fromperforming a notarial act if he/

a is a party to the instrument or document that is to be notari7ed6

b .ill recei#e, as a direct or indirect result, any commission, fee, ad#antage,right, title, interest, cash, property, or other consideration, e'cept as pro#idedby these !ules and by la.6 or

c is a spouse, common-la. partner, ancestor, descendant, or relati#e byaffinity or consanguinity of the principal .ithin the fourth ci#il degree


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S&C 4 Refusal to Notari$e. -A notary public shall not perform anynotarial act described in these !ules for any person reuesting such anact e#en if he tenders the appropriate fee specified by these !ules if/

a the notary 3no.s or has good reason to belie#e that the notarial act ortransaction is unla.ful or immoral6

b the signatory sho.s a demeanor .hich engenders in the mind of the notarypublic reasonable doubt as to the former>s 3no.ledge of the conseuencesof the transaction reuiring a notarial act6 and

c in the notary>s @udgment, the signatory is not acting of his or her o.n free.ill

S&C 5 alse or ncomplete Certificate - A notary public shall not/

a e'ecute a certificate containing information 3no.n or belie#ed by the notaryto be false

b affi' an official signature or seal on a notarial certificate that is incomplete

S&C ; Improper Instruments or ocuments. -A notary public shallnot notari7e/

a a blan3 or incomplete instrument or document6 or

b an instrument or document .ithout appropriate notarial certification

RULE V

FEES OF NOTARY PUBLIC

S&C()$ 1 Imposition and 'ai*er of /ees. - or performing anotarial act, a notary public may charge the ma'imum fee as prescribedby the Supreme Court unless he .ai#es the fee in .hole or in part

S&C 2 Tra*el /ees and )penses. -A notary public may chargetra#el fees and e'penses separate and apart from the notarial feesprescribed in the preceding section .hen tra#eling to perform a notarialact if the notary public and the person reuesting the notarial act agreeprior to the tra#el

S&C 8 Pro!i&ited /ees. - $o fee or compensation of any 3ind,e'cept those e'pressly prescribed and allo.ed herein, shall becollected or recei#ed for any notarial ser#ice

S&C 4 Pa%ment or Refund of /ees. -A notary public shall notreuire payment of any fees specified herein prior to the performance ofa notarial act unless other.ise agreed upon


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Any tra#el fees and e'penses paid to a notary public prior to theperformance of a notarial act are not sub@ect to refund if the notarypublic had already tra#eled but failed to complete in .hole or in part thenotarial act for reasons beyond his control and .ithout negligence onhis part

S&C 5 Notice of /ees. -A notary public .ho charges a fee fornotarial ser#ices shall issue a receipt registered .ith the +ureau ofnternal !e#enue and 3eep a @ournal of notarial fees Be shall enter inthe @ournal all fees charged for ser#ices rendered

A notary public shall post in a conspicuous place in his office acomplete schedule of chargeable notarial fees

RULE VI

NOTARIAL REGISTER

S&C()$ 1 /orm of Notarial Register. - a A notary public shall3eep, maintain, protect and pro#ide for la.ful inspection as pro#ided inthese !ules, a chronological official notarial register of notarial actsconsisting of a permanently bound boo3 .ith numbered pages

(he register shall be 3ept in boo3s to be furnished by the Solicitor"eneral to any notary public upon reuest and upon payment of the

cost thereof (he register shall be duly paged, and on the first page, theSolicitor "eneral shall certify the number of pages of .hich the boo3consists

or purposes of this pro#ision, a emorandum of Agreement or9nderstanding may be entered into by the )ffice of the Solicitor "eneraland the )ffice of the Court Administrator

b A notary public shall 3eep only one acti#e notarial register at any gi#entime

S&C 2 )ntries in t!e Notarial Register. - a or e#ery notarial act,

the notary shall record in the notarial register at the time of notari7ationthe follo.ing/

4! the entry number an" page number5

6! the "ate an" time of "ay of the notarial act5


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7! the type of notarial act5

8! the title or "escription of the instrument& "ocument or procee"ing5

9! the name an" a""ress of each principal5

:! the competent evi"ence of i"entity as "efine" by these Rules if the

signatory is not personally /no$n to the notary5

;! the name an" a""ress of each cre"ible $itness s$earing to or

affirming the person! the a""ress $here the notari3ation $as performe" if not in the

notary


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f! In case of a protest of any "raft& bill of e(change or promissory note& the

notary public shall ma/e a full an" true recor" of all procee"ings in relation

thereto an" shall note therein $hether the "eman" for the sum of money $as

ma"e& by $hom& $hen& an" $here5 $hether he presente" such "raft& bill or

note5 $hether notices $ere given& to $hom an" in $hat manner5 $here the

same $as ma"e& $hen an" to $hom an" $here "irecte"5 an" of every other fact

touching the same#

g! At the en" of each $ee/& the notary public shall certify in his notarial

register the number of instruments or "ocuments e(ecute"& s$orn to&

ac/no$le"ge"& or proteste" before him5 or if none& this certificate shall sho$

this fact#

h! A certifie" copy of each months notarial register shall be signed or a thumb or other mar3affi'ed by each/

a principal6

b credible .itness s.earing or affirming to the identity of a principal6 and

c .itness to a signature by thumb or other mar3, or to a signing by the notarypublic on behalf of a person physically unable to sign

S&C 4 Inspection, "op%ing and isposal. - a n the notary>spresence, any person may inspect an entry in the notarial register,during regular business hours, pro#ided6

1 the person>s identity is personally 3no.n to the notary public or pro#enthrough competent e#idence of identity as defined in these !ules6

2 the person affi'es a signature and thumb or other mar3 or other

recogni7ed identifier, in the notarial register in a separate, dated entry6

8 the person specifies the month, year, type of instrument or document,and name of the principal in the notarial act or acts sought6 and

4 the person is sho.n only the entry or entries specified by him

b (he notarial register may be e'amined by a la. enforcement officer in thecourse of an official in#estigation or by #irtue of a court order


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c f the notary public has a reasonable ground to belie#e that a person has acriminal intent or .rongful moti#e in reuesting information from the notarialregister, the notary shall deny access to any entry or entries therein

S&C 5 *oss, estruction or amage of Notarial Register. - a ncase the notarial register is stolen, lost, destroyed, damaged, or

other.ise rendered unusable or illegible as a record of notarial acts, thenotary public shall, .ithin ten 10 days after informing the appropriatela. enforcement agency in the case of theft or #andalism, notify the&'ecuti#e Judge by any means pro#iding a proper receipt orac3no.ledgment, including registered mail and also pro#ide a copy ornumber of any pertinent police report

b 9pon re#ocation or e'piration of a notarial commission, or death of thenotary public, the notarial register and notarial records shall immediately bedeli#ered to the office of the &'ecuti#e Judge

S&C ; Issuance of "ertified True "opies. - (he notary public shallsupply a certified true copy of the notarial record, or any part thereof, toany person applying for such copy upon payment of the legal fees

RULE VII

SIGNATURE AND SEAL OF NOTARY PUBLIC

S&C()$ 1 fficial +ignature. - n notari7ing 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 commission6

b not sign using a facsimile stamp or printing de#ice6 and

c affi' his official signature only at the time the notarial act is performed

S&C 2 fficial +eal. - a ery person commissioned as notarypublic shall ha#e a seal of office, to be procured at his o.n e'pense,.hich shall not be possessed or o.ned by any other person t shall beof metal, circular in shape, t.o inches in diameter, and shall ha#e the

name of the city or pro#ince and the .ord :%hilippines: and his o.nname on the margin and the roll of attorney>s number on the facethereof, .ith the .ords :notary public: across the center A mar3, imageor impression of such seal shall be made directly on the paper orparchment on .hich the .riting appears


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b (he official seal shall be affi'ed only at the time the notarial act is performedand shall be clearly impressed by the notary public on e#ery page of theinstrument or document notari7ed

c hen not in use, the official seal shall be 3ept safe and secure and shall beaccessible only to the notary public or the person duly authori7ed by him

d ithin fi#e 5 days after the official seal of a notary public is stolen, lost,damaged or other other.ise rendered unser#iceable in affi'ing a legibleimage, the notary public, after informing the appropriate la. enforcementagency,

shall notify the &'ecuti#e Judge in .riting, pro#iding proper receipt orac3no.ledgment, including registered mail, and in the e#ent of a crimecommitted, pro#ide a copy or entry number of the appropriate police record9pon receipt of such notice, if found in order by the &'ecuti#e Judge, thelatter shall order the notary public to cause notice of such loss or damage tobe published, once a .ee3 for three 8 consecuti#e .ee3s, in a ne.spaperof general circulation in the city or pro#ince .here the notary public is

commissioned (hereafter, the &'ecuti#e Judge shall issue to the notarypublic a ne. Certificate of Authori7ation to %urchase a $otarial Seal

e ithin fi#e 5 days after the death or resignation of the notary public, or there#ocation or e'piration of a notarial commission, the official seal shall besurrendered to the &'ecuti#e Judge and shall be destroyed or defaced inpublic during office hours n the e#ent that the missing, lost or damaged sealis later found or surrendered, it shall be deli#ered by the notary public to the&'ecuti#e Judge to be disposed of in accordance .ith this section ailure toeffect such surrender shall constitute contempt of court n the e#ent of deathof the notary public, the person in possession of the official seal shall ha#ethe duty to surrender it to the &'ecuti#e Judge

S&C 8 +eal Image. - (he notary public shall affi' a single, clear,legible, permanent, and photographically reproducible mar3, image orimpression of the official seal beside his signature on the notarialcertificate of a paper instrument or document

S&C 4 &taining and Pro*iding +eal. - a A #endor ormanufacturer of notarial seals may not sell said product .ithout a.ritten authori7ation from the &'ecuti#e Judge

b 9pon .ritten application and after payment of the application fee, the&'ecuti#e Judge may issue an authori7ation to sell to a #endor ormanufacturer of notarial seals after #erification and in#estigation of thelatter>s ualifications (he &'ecuti#e Judge shall charge an authori7ation feein the amount of %hp 4,000 for the #endor and %hp =,000 for themanufacturer f a manufacturer is also a #endor, he shall only pay themanufacturer>s authori7ation fee

c (he authori7ation shall be in effect for a period of four 4 years from thedate of its issuance and may be rene.ed by the &'ecuti#e Judge for asimilar period upon payment of the authori7ation fee mentioned in thepreceding paragraph


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d A #endor or manufacturer shall not sell a seal to a buyer e'cept uponsubmission of a certified copy of the commission and the Certificate of

Authori7ation to %urchase a $otarial Seal issued by the &'ecuti#e Judge Anotary public obtaining a ne. seal as a result of change of name shallpresent to the #endor or manufacturer a certified copy of the Confirmation ofthe Change of $ame issued by the &'ecuti#e Judge

e )nly one seal may be sold by a #endor or manufacturer for each Certificate ofAuthori7ation to %urchase a $otarial Seal,

f After the sale, the #endor or manufacturer shall affi' a mar3, image orimpression of the seal to the Certificate of Authori7ation to %urchase a $otarialSeal and submit the completed Certificate to the &'ecuti#e Judge Copies of theCertificate of Authori7ation to %urchase a $otarial Seal and the buyer>scommission shall be 3ept in the files of the #endor or manufacturer for four 4years after the sale

g A notary public obtaining a ne. seal as a result of change of name shall presentto the #endor a certified copy of the order confirming the change of name issuedby the &'ecuti#e Judge

RULE VIII

NOTARIAL CERTIFICATES

S&C()$ 1 orm of Notarial "ertificate. - (he notarial form used forany notarial instrument or document shall conform to all the reuisitesprescribed herein, the !ules of Court and all other pro#isions ofissuances by the Supreme Court and in applicable la.s

S&C 2 "ontents of t!e "oncluding Part of t!e Notarial "ertificate.- (he notarial certificate shall include the follo.ing/

a the name of the notary public as e'actly indicated in the commission6

b the serial number of the commission of the notary public6

c the .ords :$otary %ublic: and the pro#ince or city .here the notary public iscommissioned, the e'piration date of the commission, the office address ofthe notary public6 and

d the roll of attorney>s number, the professional ta' receipt number and theplace and date of issuance thereof, and the +% membership number

RULE IX

CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC


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S&C()$ 1 "ertificate of Aut!orit% for a Notarial Act. -A certificateof authority e#idencing the authenticity of the official seal and signatureof a notary public shall be issued by the &'ecuti#e Judge upon reuestin substantially the follo.ing form/

CERTIFICATE OF A+THORIT FOR A NOTARIA- ACT

I& name& title& %uris"iction of the E(ecutive )u"ge!& certify that name of notary

public!& the person name" in the seal an" signature on the attache" "ocument& is

a Notary *ublic in an" for the CityBDunicipalityB*rovince! of the Republic of

the *hilippines an" authori3e" to act as such at the time of the "ocument


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for #alid and @ust cause by the &'ecuti#e Judge for another period note'ceeding three 8 months

S&C 2 Resignation. -A notary public may resign his commissionby personally submitting a .ritten, dated and signed formal notice to the

&'ecuti#e Judge together .ith his notarial seal, notarial register andrecords &ffecti#e from the date indicated in the notice, he shallimmediately cease to perform notarial acts n the e#ent of his incapacityto personally appear, the submission of the notice may be performed byhis duly authori7ed representati#e

S&C 8 Pu&lication of Resignation. - (he &'ecuti#e Judge shallimmediately order the Cler3 of Court to post in a conspicuous place inthe offices of the &'ecuti#e Judge and of the Cler3 of Court the namesof notaries public .ho ha#e resigned their notarial commissions and theeffecti#e dates of their resignation

RULE XI

REVOCATION OF COMMISSION AND DISCIPLINARY

SANCTIONS

S&C()$ 1 Re*ocation and Administrati*e +anctions. - a (he&'ecuti#e Judge shall re#o3e a notarial commission for any ground on.hich an application for a commission may be denied

b n addition, the &'ecuti#e Judge may re#o3e the commission of, or imposeappropriate administrati#e sanctions upon, any notary public .ho/

1 fails to 3eep a notarial register6

2 fails to ma3e the proper entry or entries in his notarial register concerninghis notarial acts6

8 fails to send the copy of the entries to the &'ecuti#e Judge .ithin the firstten 10 days of the month follo.ing6

4 fails to affi' to ac3no.ledgments the date of e'piration of his commission6

5 fails to submit his notarial register, .hen filled, to the &'ecuti#e Judge6; fails to ma3e his report, .ithin a reasonable time, to the &'ecuti#e Judge

concerning the performance of his duties, as may be reuired by the@udge6


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? e'ecutes a false or incomplete certificate under Section 5, !ule 6

10 3no.ingly performs or fails to perform any other act prohibited ormandated by these !ules6 and

11 commits any other dereliction or act .hich in the @udgment of the&'ecuti#e Judge constitutes good cause for re#ocation of commission or

imposition of administrati#e sanction

c 9pon #erified complaint by an interested, affected or aggrie#ed person, thenotary public shall be reuired to file a #erified ans.er to the complaint

f the ans.er of the notary public is not satisfactory, the &'ecuti#e Judge shallconduct a summary hearing f the allegations of the complaint are notpro#en, the complaint shall be dismissed f the charges are dulyestablished, the &'ecuti#e Judge shall impose the appropriate administrati#esanctions n either case, the aggrie#ed party may appeal the decision to theSupreme Court for re#ie. %ending the appeal, an order imposingdisciplinary sanctions shall be immediately e'ecutory, unless other.iseordered by the Supreme Court

d (he &'ecuti#e Judge may motu proprio initiate administrati#e proceedingsagainst a notary public, sub@ect to the procedures prescribed in paragraphc abo#e and impose the appropriate administrati#e sanctions on thegrounds mentioned in the preceding paragraphs a and b

S&C 2 +uper*ision and onitoring of Notaries Pu&lic. - (he&'ecuti#e Judge shall at all times e'ercise super#ision o#er notariespublic and shall closely monitor their acti#ities

S&C 8 Pu&lication of Re*ocations and Administrati*e +anctions.- (he &'ecuti#e Judge shall immediately order the Cler3 of Court to post

in a conspicuous place in the offices of the &'ecuti#e Judge and of theCler3 of Court the names of notaries public .ho ha#e beenadministrati#ely sanctioned or .hose notarial commissions ha#e beenre#o3ed

S&C 4 eat! of Notar% Pu&lic. - f a notary public dies beforefulfilling the obligations in Section 4e, !ule and Section 2e, !ule, the &'ecuti#e Judge, upon being notified of such death, shallforth.ith cause compliance .ith the pro#isions of these sections

RULE XII

SPECIAL PROVISIONS

S&C()$ 1 Punis!a&le Acts. - (he &'ecuti#e Judge shall causethe prosecution of any person .ho/


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a 3no.ingly acts or other.ise impersonates a notary public6

b 3no.ingly obtains, conceals, defaces, or destroys the seal, notarial register,or official records of a notary public6 and

c 3no.ingly solicits, coerces, or in any .ay influences a notary public tocommit official misconduct

S&C 2 !eports to t!e +upreme "ourt. - (he &'ecuti#e Judgeconcerned shall submit semestral reports to the Supreme Court ondiscipline and prosecution of notaries public

RULE XIII

REPEALING AND EFFECTIVITY PROVISIONS

S&C()$ 1 Repeal. - All rules and parts of rules, includingissuances of the Supreme Court inconsistent here.ith, are herebyrepealed or accordingly modified

S&C 2 )ffecti*e ate. - (hese !ules shall ta3e effect on the firstday of August 2004, and shall be published in a ne.spaper of generalcirculation in the %hilippines .hich pro#ides sufficiently .ide circulation

%romulgated this ;thday of July, 2004

Sgda*ide, #r. ".#., Puno, 1itug, Pangani&an, uisum&ing,6nare$-+antiago, +ando*al-7utierre$, "arpio, Austria-artine$,

"orona, "arpio-orales, "alle8o, +r., A$cuna and Tinga, JJ