Beruflich Dokumente
Kultur Dokumente
02-8-13-SC
2004 Rules on Notarial Practice
RESOLUTION
(c) avows under penalty of law to the whole truth of the contents of
for the Study, Drafting and Formulation of the Rules Governing the
Appointment of Notaries Public and the Performance and Exercise of
RULE I
IMPLEMENTATION
on Notarial Practice.
(a) to promote, serve, and protect public interest; chan robles virtual
law library
(a)
public; and
by these Rules;
(c) signs the instrument or document in the presence of the
notary; and
indicates, words in the singular include the plural, and words in the
DEFINITIONS
completed by the notary public, bears the notary's signature and seal,
integrally
complete
instrument
or
document;
library
Rules.
services.
based on:
(3) must be a resident in the Philippines for at least one (1) year and
(b) the oath or affirmation of one credible witness not privy to the
(5) must not have been convicted in the first instance of any crime
number;
instrument or document;
two (2) executive officers of the local chapter of the Integrated Bar of
the
(c) proof of payment for the filing of the petition as required by these
Rules; and
Philippines
where
he
is
applying
for
commission;
Philippines.
SEC. 3. Application Fee. - Every petitioner for a notarial commission
SEC. 16. Petitioner. - Petitioner refers to a person who applies for a
notarial commission.
same if:
(a)
Supreme Court.
and
the
petition
is
sufficient
in
form
and
substance;
the petitioner.
one who produces a notarial seal and shall include an engraver and
seal maker.
than
one
petitioner.
________________________
Executive Judge
SEC. 10. Official Seal of Notary Public. - Every person
commissioned as notary public shall have only one official seal of
office in accordance with these Rules.
NOTICE OF HEARING
_____________________
Executive Judge
reason to object to the grant of the petition may file a verified written
of notaries public. The Executive Judge shall furnish the Office of the
written application with the Executive Judge for the renewal of his
commission within forty-five (45) days before the expiration thereof.
Failure to file said application will result in the deletion of the name
The notary public thus removed from the Register of Notaries Public
(year)
________________________
Executive Judge
Notarial Seal shall be valid for a period of three (3) months from date
RULE IV
SECTION 1. Powers.
shall
substantially
be
in
the
following
form:
acts:
REPUBLIC OF THE PHILIPPINES
(1) acknowledgments;
CERTIFICATE OF AUTHORIZATION
(3) jurats;
within and for the said jurisdiction, for a term ending, the thirtyfirst of December (year) to purchase a notarial seal.
except
civil degree.
notarial act described in these Rules for any person requesting such
if:
(a) the notary knows or has good reason to believe that the notarial
witnessing.
as
provided
by
these
Rules
and
by
law;
or
document if:
(c) in the notary's judgment, the signatory is not acting of his or her
incomplete.
not notarize:
acknowledgment or jurat.
SEC. 2. Prohibitions.
RULE V
(a) A notary public shall not perform a notarial act outside his regular
at the request of the parties in the following sites located within his
territorial jurisdiction:
part.
travel fees and expenses separate and apart from the notarial fees
notarization;
notarial act if the notary public and the person requesting the notarial
(b) A person shall not perform a notarial act if the person involved as
signatory to the instrument or document -
Any travel fees and expenses paid to a notary public prior to the
the notarial act for reasons beyond his control and without negligence
on his part.
said records a brief description of the substance thereof and shall give
each calendar year. He shall also retain a duplicate original copy for
corresponding to the one in his register, and shall also state on the
RULE VI
NOTARIAL REGISTER
note, the notary public shall make a full and true record of all
demand for the sum of money was made, by whom, when, and
when and to whom and where directed; and of every other fact
General to any notary public upon request and upon payment of the
cost thereof. The register shall be duly paged, and on the first page,
(g) At the end of each week, the notary public shall certify in his
the Solicitor General shall certify the number of pages of which the
book consists.
within the first ten (10) days of the month following, be forwarded to
the Clerk of Court and shall be under the responsibility of such
(b) A notary public shall keep only one active notarial register at any
officer. If there is no entry to certify for the month, the notary shall
given time.
SEC. 2. Entries in the Notarial Register. - (a) For every notarial act,
required.
affixed by each:
(a) principal;
proceeding;
principal; and
signatory is not
personally known to the notary;
Rules;
significance or relevance.
(2) the person affixes a signature and thumb or other mark or other
recognized identifier, in the notarial register in a separate, dated
(b) A notary public shall record in the notarial register the reasons and
entry;
document, and name of the principal in the notarial act or acts sought;
and
(4) the person is shown only the entry or entries specified by him.
order.
shall keep an original copy thereof as part of his records and enter in
information from the notarial register, the notary shall deny access to
(e) Within five (5) days after the death or resignation of the notary
the notary public shall, within ten (10) days after informing the
of the notary public, the notarial register and notarial records shall
the notary public, the person in possession of the official seal shall
have the duty to surrender it to the Executive Judge.
SEC. 3. Seal Image. - The notary public shall affix a single, clear,
to any person applying for such copy upon payment of the legal fees.
RULE VII
(a) sign by hand on the notarial certificate only the name indicated
(b) Upon written application and after payment of the application fee,
(c) affix his official signature only at the time the notarial act is
performed.
authorization fee in the amount of PhP 4,000 for the vendor and PhP
8,000 for the manufacturer. If a manufacturer is also a vendor, he
(c) The authorization shall be in effect for a period of four (4) years
from the date of its issuance and may be renewed by the Executive
the name of the city or province and the word Philippines and his
own name on the margin and the roll of attorney's number on the face
thereof, with the words "notary public" across the center. A mark,
(b) The official seal shall be affixed only at the time the notarial act is
(e) Only one seal may be sold by a vendor or manufacturer for each
(c) When not in use, the official seal shall be kept safe and secure and
(f) After the sale, the vendor or manufacturer shall affix a mark,
(d) Within five (5) days after the official seal of a notary public is
the files of the vendor or manufacturer for four (4) years after the
sale.
RULE VIII
NOTARIAL CERTIFICATES
been completed, the notary public may continue to use the former
name or regular place of work or business in performing notarial acts
for three (3) months from the date of the change, which may be
extended once for valid and just cause by the Executive Judge for
Executive Judge together with his notarial seal, notarial register and
commission;
(c) the words "Notary Public" and the province or city where the
(d) the roll of attorney's number, the professional tax receipt number
in the offices of the Executive Judge and of the Clerk of Court the
and the place and date of issuance thereof, and the IBP membership
number.
RULE XI
(b) In addition, the Executive Judge may revoke the commission of,
public who:
(City/Municipality/Province)
of
the
Republic
of
the
(2) fails to make the proper entry or entries in his notarial register
document's notarization.
_________________
commission;
(official signature)
(5) fails to submit his notarial register, when filled, to the Executive
Judge;
(6) fails to make his report, within a reasonable time, to the Executive
RULE X
by the judge;
(7) fails to require the presence of a principal at the time of the
notarial act;
Within ten (10) days after the change of name of the notary public by
competent evidence;
place of work or business, the notary public shall submit a signed and
dated
IV;
notice
of
such
fact
to
the
Executive
Judge.
business; and
(b) a new seal bearing the new name has been obtained.
sections.
RULE XII
SPECIAL PROVISIONS
the aggrieved party may appeal the decision to the Supreme Court for
Supreme Court.
RULE XIII
SEC. 2. Effective Date. - These Rules shall take effect on the first day
revoked.