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EN BANC A.M. No.

02-8-13-SC RESOLUTION Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial Practice of 2004 submitted by the Sub- ommittee for the Study! "rafting and #ormulation of the Rules $o%erning the Appointment of Notaries Public and the Performance and &'ercise of (heir )fficial #unctions! of the ommittees on Re%ision of the Rules of ourt and on *egal &ducation and +ar ,atters! the ourt Resol%ed to APPR)-& the proposed Rules on Notarial Practice of 2004! .ith modifications! thus/ 2004 R0*&S )N N)(AR1A* PRA (1 & R0*& 1 1,P*&,&N(A(1)N S& 2 32 (itle2 - (hese Rules shall be 4no.n as the 2004 Rules on Notarial Practice2 S& 2 22 Purposes2 - (hese Rules shall be applied and construed to ad%ance the follo.ing purposes/ 5a6 to promote! ser%e! and protect public interest7 5b6 to simplify! clarify! and moderni8e the rules go%erning notaries public7 and 5c6 to foster ethical conduct among notaries public2 S& 2 92 1nterpretation2 - 0nless the conte't of these Rules other.ise indicates! .ords in the singular include the plural! and .ords in the plural include the singular2 R0*& 11 "&#1N1(1)NS S& (1)N 32 Ac4no.ledgment2 - :Ac4no.ledgment: refers to an act in .hich an indi%idual on a single occasion/ 5a6 appears in person before the notary public and presents an integrally complete instrument or document7 5b6 is attested to be personally 4no.n to the notary public or identified by the notary public through competent e%idence of identity as defined by these Rules7 and 5c6 represents to the notary public that the signature on the instrument or document .as %oluntarily affi'ed by him for the purposes stated in the instrument or document! declares that he has e'ecuted the instrument or document as his free and %oluntary act and deed! and! if he acts in a particular representati%e capacity! that he has the authority to sign in that capacity2 S& (1)N 22 Affirmation or )ath2 - (he term :Affirmation: or :)ath: refers to an act in .hich an indi%idual on a single occasion/ 5a6 appears in person before the notary public7 5b6 is personally 4no.n to the notary public or identified by the notary public through competent e%idence of identity as defined by these Rules7 and

5c6 a%o.s under penalty of la. to the .hole truth of the contents of the instrument or document2 S& 2 92 ommission2 - : ommission: refers to the grant of authority to perform notarial acts and to the .ritten e%idence of the authority2 S& 2 42 opy ertification2 - : opy ertification: refers to a notarial act in .hich a notary public/

5a6 is presented .ith an instrument or document that is neither a %ital record! a public record! nor publicly recordable7 5b6 copies or super%ises the copying of the instrument or document7 5c6 compares the instrument or document .ith the copy7 and 5d6 determines that the copy is accurate and complete2 S& 2 52 Notarial Register2 - :Notarial Register: refers to a permanently bound boo4 .ith numbered pages containing a chronological record of notarial acts performed by a notary public2 S& 2 ;2 Jurat2 - :Jurat: refers to an act in .hich an indi%idual on a single occasion/ 5a6 appears in person before the notary public and presents an instrument or document7 5b6 is personally 4no.n to the notary public or identified by the notary public through competent e%idence of identity as defined by these Rules7 5c6 signs the instrument or document in the presence of the notary7 and 5d6 ta4es an oath or affirmation before the notary public as to such instrument or document2 S& 2 <2 Notarial Act and Notari8ation2 - :Notarial Act: and :Notari8ation: refer to any act that a notary public is empo.ered to perform under these Rules2 S& 2 =2 Notarial ertificate2 - :Notarial ertificate: refers to the part of! or attachment to! a notari8ed 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 notari8ation as pro%ided for by these Rules2 S& 2 ?2 Notary Public and Notaty2 - :Notary Public: and :Notary: refer to any person commissioned to perform official acts under these Rules2 S& 2 302 Principal2 - :Principal: refers to a person appearing before the notary public .hose act is the sub@ect of notari8ation2 S& 2 332 Regular Place of Aor4 or +usiness2 - (he term :regular place of .or4 or business: refers to a stationary office in the city or pro%ince .herein the notary public renders legal and notarial ser%ices2 S& 2 322 ompetent &%idence of 1dentity2 - (he phrase :competent e%idence of identity: refers to the identification of an indi%idual based on/ 5a6 at least one current identification document issued by an official agency bearing the photograph and signature of the indi%idual7 or 5b6 the oath or affirmation of one credible .itness not pri%y to the instrument! document or transaction .ho is personally 4no.n to the notary public and .ho personally 4no.s the indi%idual! or of t.o credible .itnesses neither of .hom is pri%y to the instrument! document or transaction .ho each personally 4no.s the indi%idual and sho.s to the notary public documentary identification2

S& 2 392 )fficial Seal or Seal2 - :)fficial seal: or :Seal: refers to a de%ice for affi'ing a mar4! image or impression on all papers officially signed by the notary public conforming the reBuisites prescribed by these Rules2 S& 2 342 Signature Aitnessing2 -(he term :signature .itnessing: refers to a notarial act in .hich an indi%idual on a single occasion/ 5a6 appears in person before the notary public and presents an instrument or document7 5b6 is personally 4no.n to the notary public or identified by the notary public through competent e%idence of identity as defined by these Rules7 and 5c6 signs the instrument or document in the presence of the notary public2 S& 2 352 ourt2 - : ourt: refers to the Supreme ourt of the Philippines2

S& 2 3;2 Petitioner2 - :Petitioner: refers to a person .ho applies for a notarial commission2 S& 2 3<2 )ffice of the ourt Administrator2 - :)ffice of the ourt Administrator of the Supreme ourt2 ourt Administrator: refers to the )ffice of

the

S& 2 3=2 &'ecuti%e Judge2 - :&'ecuti%e Judge: refers to the &'ecuti%e Judge of the Regional (rial ourt of a city or pro%ince .ho issues a notarial commission2 S& 2 3?2 -endor - :-endor: under these Rules refers to a seller of a notarial seal and shall include a .holesaler or retailer2 S& 2 202 ,anufacturer2 - :,anufacturer: under these Rules refers to one .ho produces a notarial seal and shall include an engra%er and seal ma4er2 R0*& 111 ),,1SS1)N1N$ )# N)(ARC P0+*1 S& (1)N 32 Dualifications2 - A notarial commission may be issued by an &'ecuti%e Judge to any Bualified person .ho submits a petition in accordance .ith these Rules2 (o be eligible for commissioning as notary public! the petitioner/ 536 must be a citi8en of the Philippines7 526 must be o%er t.enty-one 5236 years of age7 596 must be a resident in the Philippines for at least one 536 year and maintains a regular place of .or4 or business in the city or pro%ince .here the commission is to be issued7 546 must be a member of the Philippine +ar in good standing .ith clearances from the )ffice of the onfidant of the Supreme ourt and the 1ntegrated +ar of the Philippines7 and 556 must not ha%e been con%icted in the first instance of any crime in%ol%ing moral turpitude2 S& 2 22 #orm of the Petition and Supporting "ocuments2 - &%ery petition for a notarial commission shall be in .riting! %erified! and shall include the follo.ing/

+ar

5a6 a statement containing the petitioner>s personal Bualifications! including the petitioner>s date of birth! residence! telephone number! professional ta' receipt! roll of attorney>s number and 1+P membership number7 ! 5b6 certification of good moral character of the petitioner by at least t.o 526 e'ecuti%e officers of the local chapter of the 1ntegrated +ar of the Philippines .here he is applying for commission7 5c6 proof of payment for the filing of the petition as reBuired by these Rules7 and 5d6 three 596 passport-si8e color photographs .ith light bac4ground ta4en .ithin thirty 5906 days of the application2 (he photograph should not be retouched2 (he petitioner shall sign his name at the bottom part of the photographs2 S& 2 92 Application #ee2 - &%ery petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of ourt2 S& 2 42 Summary Eearing on the Petition2 - (he &'ecuti%e Judge shall conduct a summary hearing on the petition and shall grant the same if/ 5a6 the petition is sufficient in form and substance7 5b6 the petitioner pro%es the allegations contained in the petition7 and 5c6 the petitioner establishes to the satisfaction of the &'ecuti%e Judge that he has read and fully understood these Rules2 (he &'ecuti%e Judge shall forth.ith issue a commission and a a Notarial Seal in fa%or of the petitioner2 ertificate of Authori8ation to Purchase

S& 2 52 Notice of Summary Eearing2 - 5a6 (he notice of summary hearing shall be published in a ne.spaper of general circulation in the city or pro%ince .here the hearing shall be conducted and posted in a conspicuous place in the offices of the &'ecuti%e Judge and of the ler4 of ourt2 (he cost of the publication shall be borne by the petitioner2 (he notice may include more than one petitioner2 5b6 (he notice shall be substantially in the follo.ing form7 N)(1 & )# E&AR1N$ Notice is hereby gi%en that a summary hearing on the petition for notarial commission of 5name of petitioner6 shall be held on 5date6 at 5place6 at 5time62 Any person .ho has any cause or reason to ob@ect to the grant of the petition may file a %erified .ritten opposition thereto! recei%ed by the undersigned before the date of the summary hearing2 FFFFFFFFFFFFFF &'ecuti%e Judge S& 2 ;2 )pposition to Petition2 - Any person .ho has any cause or reason to ob@ect to the grant of the petition may file a %erified .ritten opposition thereto2 (he opposition must be recei%ed by the &'ecuti%e Judge before the date of the summary hearing2 S& 2 <2 #orm of Notarial ommission2 - (he commissioning of a notary public shall be in a formal order signed by the &'ecuti%e Judge substantially in the follo.ing form/ R&P0+*1 )# (E& PE1*1PP1N&S

R&$1)NA* (R1A*

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(his is to certify that 5name of notary public6 of 5regular place of .or4 or business6 in 5city or pro%ince6 .as on this 5date6 day of 5month6 t.o thousand and 5year6 commissioned by the undersigned as a notary public! .ithin and for the said @urisdiction! for a term ending the thirty-first day of "ecember 5year6 FFFFFFFFFFFFFF &'ecuti%e Judge S& 2 =2 Period )f -alidity of ertificate of Authori8ation to Purchase a Notarial Seal2 - (he ertificate of Authori8ation to Purchase a Notarial Seal shall be %alid for a period of three 596 months from date of issue! unless e'tended by the &'ecuti%e Judge2 A mar4! image or impression of the seal that may be purchased by the notary public pursuant to the ertificate shall be presented to the &'ecuti%e Judge for appro%al prior to use2 S& 2 ?2 #orm of ertificate of Authori8ation to Purchase a Notarial Seal2 -(he ertificate of Authori8ation to Purchase a Notarial Seal shall substantially be in the follo.ing form/ R&P0+*1 )# (E& PE1*1PP1N&S )0R( )#FFFFFFFFFFFFF

R&$1)NA* (R1A*

&R(1#1 A(& )# A0(E)R1GA(1)N () P0R EAS& A N)(AR1A* S&A* (his is to authori8e 5name of notary public6 of 5city or pro%ince6 .ho .as commissioned by the undersigned as a notary public! .ithin and for the said @urisdiction! for a term ending! the thirty-first of "ecember 5year6 to purchase a notarial seal2 1ssued this 5day6 of 5month6 5year62 FFFFFFFFFFFFFF &'ecuti%e Judge S& 2 302 )fficial Seal of Notary Public2 - &%ery person commissioned as notary public shall ha%e only one official seal of office in accordance .ith these Rules2 S& 2 332 Jurisdiction and (erm2 - A person commissioned as notary public may perform notarial acts in any place .ithin the territorial @urisdiction of the commissioning court for a period of t.o 526 years commencing the first day of January of the year in .hich the commissioning is made! unless earlier re%o4ed or the notary public has resigned under these Rules and the Rules of ourt2 S& 2 322 Register of Notaries Public2 - (he &'ecuti%e Judge shall 4eep and maintain a Register of Notaries Public in his @urisdiction .hich shall contain! among others! the dates of issuance or re%ocation or suspension of notarial commissions! and the resignation or death of notaries public2 (he &'ecuti%e Judge shall furnish the )ffice of the ourt Administrator information and data recorded in the register of notaries public2 (he )ffice of the ourt Administrator shall 4eep a permanent! complete and updated database of such records2 S& 2 392 Rene.al of ommission2 - A notary public may file a .ritten application .ith the &'ecuti%e Judge for the rene.al of his commission .ithin forty-fi%e 5456 days before the e'piration thereof2 A mar4! image or impression of the seal of the notary public shall be attached to the application2

#ailure to file said application .ill result in the deletion of the name of the notary public in the register of notaries public2 (he notary public thus remo%ed from the Register of Notaries Public may only be reinstated therein after he is issued a ne. commission in accordance .ith these Rules2 S& 2 342 Action on Application for Rene.al of ommission2 - (he &'ecuti%e Judge shall! upon payment of the application fee mentioned in Section 9 abo%e of this Rule! act on an application for the rene.al of a commission .ithin thirty 5906 days from receipt thereof2 1f the application is denied! the &'ecuti%e Judge shall state the reasons therefor2 R0*& 1P)A&RS AN" *1,1(A(1)NS )# N)(AR1&S P0+*1 S& (1)N 32 Po.ers2 - 5a6 A notary public is empo.ered to perform the follo.ing notarial acts/ 536 ac4no.ledgments7 526 oaths and affirmations7 596 @urats7 546 signature .itnessings7 556 copy certifications7 and 5;6 any other act authori8ed by these Rules2 5b6 A notary public is authori8ed to certify the affi'ing of a signature by thumb or other mar4 on an instrument or document presented for notari8ation if/ 536the thumb or other mar4 is affi'ed in the presence of the notary public and of t.o 526 disinterested and unaffected .itnesses to the instrument or document7 526 both .itnesses sign their o.n names in addition to the thumb or other mar47 596 the notary public .rites belo. the thumb or other mar4/ :(humb or )ther ,ar4 affi'ed by 5name of signatory by mar46 in the presence of 5names and addresses of .itnesses6 and undersigned notary public:7 and 546 the notary public notari8es the signature by thumb or other mar4 through an ac4no.ledgment! @urat! or signature .itnessing2 5c6 A notary public is authori8ed to sign on behalf of a person .ho is physically unable to sign or ma4e a mar4 on an instrument or document if/ 536 the notary public is directed by the person unable to sign or ma4e a mar4 to sign on his behalf7 526 the signature of the notary public is affi'ed in the presence of t.o disinterested and unaffected .itnesses to the instrument or document7 596 both .itnesses sign their o.n names 7 546 the notary public .rites belo. his signature/ :Signature affi'ed by notary in presence of 5names and addresses of person and t.o H2I .itnesses6:7 and

556 the notary public notari8es his signature by ac4no.ledgment or @urat2 S& 2 22 Prohibitions2 - 5a6 A notary public shall not perform a notarial act outside his regular place of .or4 or business7 pro%ided! ho.e%er! that on certain e'ceptional occasions or situations! a notarial act may be performed at the reBuest of the parties in the follo.ing sites located .ithin his territorial @urisdiction/ 536 public offices! con%ention halls! and similar places .here oaths of office may be administered7 526 public function areas in hotels and similar places for the signing of instruments or documents reBuiring notari8ation7 596 hospitals and other medical institutions .here a party to an instrument or document is confined for treatment7 and 546 any place .here a party to an instrument or document reBuiring notari8ation is under detention2 5b6 A person shall not perform a notarial act if the person in%ol%ed as signatory to the instrument or document 536 is not in the notary>s presence personally at the time of the notari8ation7 and 526 is not personally 4no.n to the notary public or other.ise identified by the notary public through competent e%idence of identity as defined by these Rules2 S& 2 92 "isBualifications2 - A notary public is disBualified from performing a notarial act if he/ 5a6 is a party to the instrument or document that is to be notari8ed7 5b6 .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%ided by these Rules and by la.7 or 5c6 is a spouse! common-la. partner! ancestor! descendant! or relati%e by affinity or consanguinity of the principal .ithin the fourth ci%il degree2 S& 2 42 Refusal to Notari8e2 - A notary public shall not perform any notarial act described in these Rules for any person reBuesting such an act e%en if he tenders the appropriate fee specified by these Rules if/ 5a6 the notary 4no.s or has good reason to belie%e that the notarial act or transaction is unla.ful or immoral7 5b6 the signatory sho.s a demeanor .hich engenders in the mind of the notary public reasonable doubt as to the former>s 4no.ledge of the conseBuences of the transaction reBuiring a notarial act7 and 5c6 in the notary>s @udgment! the signatory is not acting of his or her o.n free .ill2 S& 2 52 #alse or 1ncomplete ertificate2 - A notary public shall not/

5a6 e'ecute a certificate containing information 4no.n or belie%ed by the notary to be false2 5b6 affi' an official signature or seal on a notarial certificate that is incomplete2 S& 2 ;2 1mproper 1nstruments or "ocuments2 - A notary public shall not notari8e/ 5a6 a blan4 or incomplete instrument or document7 or

5b6 an instrument or document .ithout appropriate notarial certification2 R0*& #&&S )# N)(ARC P0+*1 S& (1)N 32 1mposition and Aai%er of #ees2 - #or performing a notarial act! a notary public may charge the ma'imum fee as prescribed by the Supreme ourt unless he .ai%es the fee in .hole or in part2 S& 2 22 (ra%el #ees and &'penses2 - A notary public may charge tra%el fees and e'penses separate and apart from the notarial fees prescribed in the preceding section .hen tra%eling to perform a notarial act if the notary public and the person reBuesting the notarial act agree prior to the tra%el2 S& 2 92 Prohibited #ees2 - No fee or compensation of any 4ind! e'cept those e'pressly prescribed and allo.ed herein! shall be collected or recei%ed for any notarial ser%ice2 S& 2 42 Payment or Refund of #ees2 - A notary public shall not reBuire payment of any fees specified herein prior to the performance of a notarial act unless other.ise agreed upon2 Any tra%el fees and e'penses paid to a notary public prior to the performance of a notarial act are not sub@ect to refund if the notary public had already tra%eled but failed to complete in .hole or in part the notarial act for reasons beyond his control and .ithout negligence on his part2 S& 2 52 Notice of #ees2 - A notary public .ho charges a fee for notarial ser%ices shall issue a receipt registered .ith the +ureau of 1nternal Re%enue and 4eep a @ournal of notarial fees2 Ee shall enter in the @ournal all fees charged for ser%ices rendered2 A notary public shall post in a conspicuous place in his office a complete schedule of chargeable notarial fees2 R0*& -1 N)(AR1A* R&$1S(&R S& (1)N 32 #orm of Notarial Register2 - 5a6 A notary public shall 4eep! maintain! protect and pro%ide for la.ful inspection as pro%ided in these Rules! a chronological official notarial register of notarial acts consisting of a permanently bound boo4 .ith numbered pages2 (he register shall be 4ept in boo4s to be furnished by the Solicitor $eneral to any notary public upon reBuest and upon payment of the cost thereof2 (he register shall be duly paged! and on the first page! the Solicitor $eneral shall certify the number of pages of .hich the boo4 consists2 #or purposes of this pro%ision! a ,emorandum of Agreement or 0nderstanding may be entered into by the )ffice of the Solicitor $eneral and the )ffice of the ourt Administrator2 5b6 A notaryJ public shall 4eep only one acti%e notarial register at any gi%en time2 S& 2 22 &ntries in the Notarial Register2 - 5a6 #or e%ery notarial act! the notary shall record in the notarial register at the time of notari8ation the follo.ing/ 536 the entry number and page number7 526 the date and time of day of the notarial act7 596 the type of notarial act7

546 the title or description of the instrument! document or proceeding7 556 the name and address of each principal7 5;6 the competent e%idence of identity as defined by these Rules if the signatory is not personally 4no.n to the notary7 5<6 the name and address of each credible .itness s.earing to or affirming the person>s identity7 5=6 the fee charged for the notarial act7 5?6 the address .here the notari8ation .as performed if not in the notary>s regular place of .or4 or business7 and 5306 any other circumstance the notary public may deem of significance or rele%ance2 5b6 A notary public shall record in the notarial register the reasons and circumstances for not completing a notarial act2 5c6 A notary public shall record in the notarial register the circumstances of any reBuest to inspect or copy an entry in the notarial register! including the reBuester>s name! address! signature! thumbmar4 or other recogni8ed identifier! and e%idence of identity2 (he reasons for refusal to allo. inspection or copying of a @ournal entry shall also be recorded2 5d6 Ahen the instrument or document is a contract! the notary public shall 4eep an original copy thereof as part of his records and enter in said records a brief description of the substance thereof and shall gi%e to each entry a consecuti%e number! beginning .ith number one in each calendar year2 Ee shall also retain a duplicate original copy for the ler4 of ourt2 5e6 (he notary public shall gi%e to each instrument or document e'ecuted! s.orn to! or ac4no.ledged before him a number corresponding to the one in his register! and shall also state on the instrument or document the pageJs of his register on .hich the same is recorded2 No blan4 line shall be left bet.een entries2 5f6 1n case of a protest of any draft! bill of e'change or promissory note! the notary public shall ma4e a full and true record of all proceedings in relation thereto and shall note therein .hether the demand for the sum of money .as made! by .hom! .hen! and .here7 .hether he presented such draft! bill or note7 .hether notices .ere gi%en! to .hom and in .hat manner7 .here the same .as made! .hen and to .hom and .here directed7 and of e%ery other fact touching the same2 5g6 At the end of each .ee4! the notary public shall certify in his notarial register the number of instruments or documents e'ecuted! s.orn to! ac4no.ledged! or protested before him7 or if none! this certificate shall sho. this fact2 5h6 A certified copy of each month>s entries and a duplicate original copy of any instrument ac4no.ledged before the notary public shall! .ithin the first ten 5306 days of the month follo.ing! be for.arded to the ler4 of ourt and shall be under the responsibility of such officer2 1f there is no entry to certify for the month! the notary shall for.ard a statement to this effect in lieu of certified copies herein reBuired2 S& 2 92 Signatures and (humbmar4s2 - At the time of notari8ation! the notary>s notarial register shall be signed or a thumb or other mar4 affi'ed by each/ 5a6 principal7 5b6 credible .itness s.earing or affirming to the identity of a principal7 and

5c6 .itness to a signature by thumb or other mar4! or to a signing by the notary public on behalf of a person physically unable to sign2 S& 2 42 1nspection! opying and "isposal2 - 5a6 1n the notary>s presence! any person may inspect an entry in the notarial register! during regular business hours! pro%ided7 536 the person>s identity is personally 4no.n to the notary public or pro%en through competent e%idence of identity as defined in these Rules7 526 the person affi'es a signature and thumb or other mar4 or other recogni8ed identifier! in the notarial 2register in a separate! dated entry7 596 the person specifies the month! year! type of instrument or document! and name of the principal in the notarial act or acts sought7 and 546 the person is sho.n only the entry or entries specified by him2 5b6 (he notarial register may be e'amined by a la. enforcement officer in the course of an official in%estigation or by %irtue of a court order2 5c6 1f the notary public has a reasonable ground to belie%e that a person has a criminal intent or .rongful moti%e in reBuesting information from the notarial register! the notary shall deny access to any entry or entries therein2 S& 2 52 *oss! "estruction or "amage of Notarial Register2 - 5a6 1n case the notarial register is stolen! lost! destroyed! damaged! or other.ise rendered unusable or illegible as a record of notarial acts! the notary public shall! .ithin ten 5306 days after informing the appropriate la. enforcement agency in the case of theft or %andalism! notify the &'ecuti%e Judge by any means pro%iding a proper receipt or ac4no.ledgment! including registered mail and also pro%ide a copy or number of any pertinent police report2 5b6 0pon re%ocation or e'piration of a notarial commission! or death of the notary public! the notarial register and notarial records shall immediately be deli%ered to the office of the &'ecuti%e Judge2 S& 2 ;2 1ssuance of ertified (rue opies2 - (he 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 fees2 R0*& -11 S1$NA(0R& AN" S&A* )# N)(ARC P0+*1 S& (1)N 32 )fficial Signature2 - 1n notari8ing a paper instrument or document! a notary public shall/ 5a6 sign by hand on the notarial certificate only the name indicated and as appearing on the notary>s commission7 5b6 not sign using a facsimile stamp or printing de%ice7 and 5c6 affi' his official signature only at the time the notarial act is performed2 S& 2 22 )fficial Seal2 - 5a6 &%ery person commissioned as notary public 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 person2 1t shall be of metal! circular in shape! t.o inches in diameter! and shall ha%e the name of the city or pro%ince and the .ord :Philippines: and his o.n name on the margin and the roll of attorney>s number on the face thereof! .ith the .ords :notary public: across the center2 A mar4! image or impression of such seal shall be made directly on the paper or parchment on .hich the .riting appears2

5b6 (he official seal shall be affi'ed only at the time the notarial act is performed and shall be clearly impressed by the notary public on e%ery page of the instrument or document notari8ed2 5c6 Ahen not in use! the official seal shall be 4ept safe and secure and shall be accessible only to the notary public or the person duly authori8ed by him2 5d6 Aithin fi%e 556 days after the official seal of a notary public is stolen! lost! damaged or other other.ise rendered unser%iceable in affi'ing a legible image! the notary public! after informing the appropriate la. enforcement agency! shall notify the &'ecuti%e Judge in .riting! pro%iding proper receipt or ac4no.ledgment! including registered mail! and in the e%ent of a crime committed! pro%ide a copy or entry number of the appropriate police record2 0pon receipt of such notice! if found in order by the &'ecuti%e Judge! the latter shall order the notary public to cause notice of such loss or damage to be published! once a .ee4 for three 596 consecuti%e .ee4s! in a ne.spaper of general circulation in the city or pro%ince .here the notary public is commissioned2 (hereafter! the &'ecuti%e Judge shall issue to the notary public a ne. ertificate of Authori8ation to Purchase a Notarial Seal2 5e6 Aithin fi%e 556 days after the death or resignation of the notary public! or the re%ocation or e'piration of a notarial commission! the official seal shall be surrendered to the &'ecuti%e Judge and shall be destroyed or defaced in public during office hours2 1n the e%ent that the missing! lost or damaged seal is 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 section2 #ailure to effect such surrender shall constitute contempt of court2 1n the e%ent of death of the notary public! the person in possession of the official seal shall ha%e the duty to surrender it to the &'ecuti%e Judge2 S& 2 92 Seal 1mage2 - (he notary public shall affi' a single! clear! legible! permanent! and photographically reproducible mar4! image or impression of the official seal beside his signature on the notarial certificate of a paper instrument or document2 S& 2 42 )btaining and Pro%iding Seal2 - 5a6 A %endor or manufacturer of notarial seals may not sell said product .ithout a .ritten authori8ation from the &'ecuti%e Judge2 5b6 0pon .ritten application and after payment of the application fee! the &'ecuti%e Judge may issue an authori8ation to sell to a %endor or manufacturer of notarial seals after %erification and in%estigation of the latter>s Bualifications2 (he &'ecuti%e Judge shall charge an authori8ation fee in the amount of Php 4!000 for the %endor and Php =!000 for the manufacturer2 1f a manufacturer is also a %endor! he shall only pay the manufacturer>s authori8ation fee2 5c6 (he authori8ation shall be in effect for a period of four 546 years from the date of its issuance and may be rene.ed by the &'ecuti%e Judge for a similar period upon payment of the authori8ation fee mentioned in the preceding paragraph2 2 5d6 A %endor or manufacturer shall not sell a seal to a buyer e'cept upon submission of a certified copy of the commission and the ertificate of Authori8ation to Purchase a Notarial Seal issued by the &'ecuti%e Judge2 A notary public obtaining a ne. seal as a result of change of name shall present to the %endor or manufacturer a certified copy of the onfirmation of the hange of Name issued by the &'ecuti%e Judge2 5e6 )nly one seal may be sold by a %endor or manufacturer for each Purchase a Notarial Seal! ertificate of Authori8ation to

5f6 After the sale! the %endor or manufacturer shall affi' a mar4! image or impression of the seal to the ertificate of Authori8ation to Purchase a Notarial Seal and submit the completed ertificate to the &'ecuti%e Judge2 opies of the ertificate of Authori8ation to Purchase a Notarial Seal and the buyer>s commission shall be 4ept in the files of the %endor or manufacturer for four 546 years after the sale2

5g6 A notary public obtaining a ne. seal as a result of change of name shall present to the %endor a certified copy of the order confirming the change of name issued by the &'ecuti%e Judge2 R0*& -111 N)(AR1A* &R(1#1 A(&S

S& (1)N 32 #orm of Notarial ertificate2 - (he notarial form used for any notarial instrument or document shall conform to all the reBuisites prescribed herein! the Rules of ourt and all other pro%isions of issuances by the Supreme ourt and in applicable la.s2 S& 2 22 ontents of the include the follo.ing/ oncluding Part of the Notarial ertificate2 - (he notarial certificate shall

5a6 the name of the notary public as e'actly indicated in the commission7 5b6 the serial number of the commission of the notary public7 5c6 the .ords :Notary Public: and the pro%ince or city .here the notary public is commissioned! the e'piration date of the commission! the office address of the notary public7 and 5d6 the roll of attorney>s number! the professional ta' receipt number and the place and date of issuance thereof! and the 1+P membership number2 R0*& 1K &R(1#1 A(& )# A0(E)R1(C )# N)(AR1&S P0+*1 S& (1)N 32 ertificate of Authority for a Notarial Act2 - A certificate of authority e%idencing the authenticity of the official seal and signature of a notary public shall be issued by the &'ecuti%e Judge upon reBuest in substantially the follo.ing form/ &R(1#1 A(& )# A0(E)R1(C #)R A N)(AR1A* A ( 1! 5name! title! @urisdiction of the &'ecuti%e Judge6! certify that 5name of notary public6! the person named in the seal and signature on the attached document! is a Notary Public in and for the 5 ityJ,unicipalityJPro%ince6 of the Republic of the Philippines and authori8ed to act as such at the time of the document>s notari8ation2 1N A1(N&SS AE&R&)#! 1 ha%e affi'ed belo. my signature and seal of this office this 5date6 day of 5month6 5year62 FFFFFFFFFFFFFFFFF 5official signature6 5seal of &'ecuti%e Judge6 R0*& K EAN$&S )# S(A(0S )# N)(ARC P0+*1 S& (1)N 32 hange of Name and Address2

Aithin ten 5306 days after the change of name of the notary public by court order or by marriage! or after ceasing to maintain the regular place of .or4 or business! the notary public shall submit a signed and dated notice of such fact to the &'ecuti%e Judge2 (he notary public shall not notari8e until/ 5a6 he recei%es from the &'ecuti%e Judge a confirmation of the ne. name of the notary public andJor change of regular place of .or4 or business7 and 5b6 a ne. seal bearing the ne. name has been obtained2 (he foregoing not.ithstanding! until the aforementioned steps ha%e been completed! the notary public may continue to use the former name or regular place of .or4 or business in performing notarial acts for three 596 months from the date of the change! .hich may be e'tended once for %alid and @ust cause by the &'ecuti%e Judge for another period not e'ceeding three 596 months2 S& 2 22 Resignation2 - A notary public may resign his commission by personally submitting a .ritten! dated and signed formal notice to the &'ecuti%e Judge together .ith his notarial seal! notarial register and records2 &ffecti%e from the date indicated in the notice! he shall immediately cease to perform notarial acts2 1n the e%ent of his incapacity to personally appear! the submission of the notice may be performed by his duly authori8ed representati%e2 S& 2 92 Publication of Resignation2 - (he &'ecuti%e Judge shall immediately order the ler4 of ourt to post in a conspicuous place in the offices of the &'ecuti%e Judge and of the ler4 of ourt the names of notaries public .ho ha%e resigned their notarial commissions and the effecti%e dates of their resignation2 R0*& K1 R&-) A(1)N )# ),,1SS1)N AN" "1S 1P*1NARC SAN (1)NS

S& (1)N 32 Re%ocation and Administrati%e Sanctions2 - 5a6 (he &'ecuti%e Judge shall re%o4e a notarial commission for any ground on .hich an application for a commission may be denied2 5b6 1n addition! the &'ecuti%e Judge may re%o4e the commission of! or impose appropriate administrati%e sanctions upon! any notary public .ho/ 536 fails to 4eep a notarial register7 526 fails to ma4e the proper entry or entries in his notarial register concerning his notarial acts7 596 fails to send the copy of the entries to the &'ecuti%e Judge .ithin the first ten 5306 days of the month follo.ing7 546 fails to affi' to ac4no.ledgments the date of e'piration of his commission7 556 fails to submit his notarial register! .hen filled! to the &'ecuti%e Judge7 5;6 fails to ma4e his report! .ithin a reasonable time! to the &'ecuti%e Judge concerning the performance of his duties! as may be reBuired by the @udge7 5<6 fails to reBuire the presence of a principal at the time of the notarial act7 5=6 fails to identify a principal on the basis of personal 4no.ledge or competent e%idence7 5?6 e'ecutes a false or incomplete certificate under Section 5! Rule 1-7

5306 4no.ingly performs or fails to perform any other act prohibited or mandated by these Rules7 and 5336 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 sanction2 5c6 0pon %erified complaint by an interested! affected or aggrie%ed person! the notary public shall be reBuired to file a %erified ans.er to the complaint2 1f the ans.er of the notary public is not satisfactory! the &'ecuti%e Judge shall conduct a summary hearing2 1f the allegations of the complaint are not pro%en! the complaint shall be dismissed2 1f the charges are duly established! the &'ecuti%e Judge shall impose the appropriate administrati%e sanctions2 1n either case! the aggrie%ed party may appeal the decision to the Supreme ourt for re%ie.2 Pending the appeal! an order imposing disciplinary sanctions shall be immediately e'ecutory! unless other.ise ordered by the Supreme ourt2 5d6 (he &'ecuti%e Judge may motu proprio initiate administrati%e proceedings against a notary public! sub@ect to the procedures prescribed in paragraph 5c6 abo%e and impose the appropriate administrati%e sanctions on the grounds mentioned in the preceding paragraphs 5a6 and 5b62 S& 2 22 Super%ision and ,onitoring of Notaries Public2 - (he &'ecuti%e Judge shall at all times e'ercise super%ision o%er notaries public and shall closely monitor their acti%ities2 S& 2 92 Publication of Re%ocations and Administrati%e Sanctions2 - (he &'ecuti%e Judge shall immediately order the ler4 of ourt to post in a conspicuous place in the offices of the &'ecuti%e Judge and of the ler4 of ourt the names of notaries public .ho ha%e been administrati%ely sanctioned or .hose notarial commissions ha%e been re%o4ed2 S& 2 42 "eath of Notary Public2 - 1f a notary public dies before fulfilling the obligations in Section 45e6! Rule -1 and Section 25e6! Rule -11! the &'ecuti%e Judge! upon being notified of such death! shall forth.ith cause compliance .ith the pro%isions of these sections2 R0*& K11 SP& 1A* PR)-1S1)NS S& (1)N 32 Punishable Acts2 - (he &'ecuti%e Judge shall cause the prosecution of any person .ho/ 5a6 4no.ingly acts or other.ise impersonates a notary public7 5b6 4no.ingly obtains! conceals! defaces! or destroys the seal! notarial register! or official records of a notary public7 and 5c6 4no.ingly solicits! coerces! or in any .ay influences a notary public to commit official misconduct2 S& 22 Reports to the Supreme ourt2 - (he &'ecuti%e Judge concerned shall submit semestral reports to the Supreme ourt on discipline and prosecution of notaries public2 R0*& K111 R&P&A*1N$ AN" &##& (1-1(C PR)-1S1)NS S& (1)N 32 Repeal2 - All rules and parts of rules! including issuances of the Supreme inconsistent here.ith! are hereby repealed or accordingly modified2 ourt

S& 2 22 &ffecti%e "ate2 - (hese Rules shall ta4e effect on the first day of August 2004! and shall be published in a ne.spaper of general circulation in the Philippines .hich pro%ides sufficiently .ide circulation2 Promulgated this ;th day of July! 20042 5Sgd26 "a%ide! Jr2 2J2! Puno! -itug! Panganiban! Duisumbing! Cnare8-Santiago! Sando%al-$utierre8! arpio! Austria-,artine8! orona! arpio-,orales! alle@o! Sr2! A8cuna and (inga! JJ2

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