2004 Rules On Notarial Practice

2004 RULES ON
NOTARIAL PRACTICE
(A.M. NO. 02-8-13-SC) EFFECTIVE AUGUST 1, 2004
WHO MAY BE A
NOTARY PUBLIC?
WHO MAY BE A NOTARY PUBLIC?
• (1) must be a citizen of the Philippines;
• (2) must be over twenty-one (21) years of age;

• (3) must be a resident in the Philippines for at least one (1) year and maintains a regular
place of work or business in the city or province where the commission is to …be issued;
• (4) must be a 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; and
• (4) must be a 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; and
• (5) must not have been convicted in the first instance of any crime involving moral …
turpitude. (sec. 1 Rule III A.M. No. 02-8-13-SC)
PETITION FOR A
NOTARIAL
COMMISSION
PETITION FOR A NOTARIAL COMMISSION
• (a) a statement containing the petitioner's personal qualifications, including
the petitioner's date of birth, residence, telephone number, professional tax
receipt, roll of attorney's number and IBP membership number;
• (b) certification of good moral character of the petitioner by at least two (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;
and
• (c) proof of payment for the filing of the petition as required by these Rules;
and
• (d) three (3) passport-size color photographs with light background taken
within thirty (30) days of the application. The photograph should not be
retouched. The petitioner shall sign his name at the bottom part of the
photographs.
APPLICATION FEE
SUMMARY
HEARING ON THE
PETITION
NOTICE OF
SUMMARY
HEARING
OPPOSITION TO
THE PETITION
JURISDICTION OF
A NOTARY PUBLIC
JURISDICTION OF
A NOTARY PUBLIC
JURISDICTION OF A NOTARY PUBLIC
• A person commissioned as notary public may perform

notarial acts in any place within the territorial jurisdiction
of the commissioning court
TERM OF A
NOTARY PUBLIC
TERM OF A NOTARY PUBLIC
• Two (2) years commencing the first day of January of the

year in which the commissioning is made, unless earlier
revoked or the notary public has resigned under these Rules
and the Rules of Court.
MAY THE TERM BE RENEWED?
• A notary public may file a written application with the

Executive Judge for the renewal of his commission within
forty-five (45) days before the expiration thereof.
WHAT IF YOU FAILED TO FILE AN APPLICATION
FOR RENEWAL?
• Failure to file said application will result in the deletion of
the name of the notary public in the register of notaries
public.
• The notary public thus removed from the Register of

Notaries Public may only be reinstated therein after he is
issued a new commission in accordance with these Rules.
POWERS AND
LIMITATIONS OF
A NOTARY PUBLIC
POWERS AND LIMITATIONS OF A NOTARY PUBLIC
• (1) acknowledgments;
• (2) oaths and affirmations;
• (3) jurats;
• (3) jurats;
• (4) signature witnessings;
• (3) jurats;
• (5) copy certifications; and
• (3) jurats;
• (5) copy certifications; and
• (6) any other act authorized by these Rules.
WHAT IS
COMPETENT
EVIDENCE OF
IDENTITY?
REFERS TO THE 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; or
• (b) the oath or affirmation of one credible witness not privy to the
instrument, document or transaction who is personally known to the
notary public and who personally knows the individual, or of two
credible witnesses neither of whom is privy to the instrument,
document or transaction who each personally knows the individual
and shows to the notary public documentary identification.
EXAMPLES OF COMPETENT EVIDENCE OF
IDENTITY
IDENTITY
• Driver’s license issued by the Land Transportation Office (LTO)
IDENTITY
• Identification card issued by the Social Security System (SSS) or Government Service
Insurance System (GSIS)
IDENTITY
• Identification card issued by PhilHealth
IDENTITY
• Passport issued by the Department of Foreign Affairs (DFA)
IDENTITY
• Identification card issued by the Professional Regulation Commission (PRC) for
nurses, physicians, engineers and other professionals
IDENTITY
• Identification card issued by the Professional Regulation Commission (PRC) for
nurses, physicians, engineers and other professionals
• Identification card issued by the Office of Senior Citizen's Affairs (OSCA)
IDENTITY CONT'D
• Taxpayer’s identification card issued by the Bureau of Internal Revenue (BIR)

IDENTITY CONT'D

• Voter's Identification card issued by the Commission on Elections (COMELEC)
IDENTITY CONT'D

• Postal identification card issued by PHLPost
IDENTITY CONT'D

• Postal identification card issued by PHLPost
• Alien Certificate of Registration Identification Card issued by the Bureau of
Immigration (BI) - for foreigners
IS A COMMUNITY TAX CERTIFICATE OR CEDULLA A
COMPETENT EVIDENCE OF IDENTITY?
• No. While CTCs have previously been valid as proof of

identity, the present Rules no longer consider the same as
valid since it does not contain any photograph of the person
and may be easily obtained without any supporting
documents, and therefore is not a competent evidence of
identity.
PROHIBITIONS
PROHIBITIONS
• (a) As a General Rule, A notary public shall not perform a

notarial act outside his regular place of work or business.
EXCEPTIONS
EXCEPTIONS
• (1) public offices, convention halls, and similar places where oaths of office may be
administered;
EXCEPTIONS
administered;
• (2) public function areas in hotels and similar places for the signing of instruments
or documents requiring notarization;
EXCEPTIONS
administered;
• (3) hospitals and other medical institutions where a party to an instrument or

document is confined for treatment; and
EXCEPTIONS
administered;
• (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.
PROHIBITIONS
• (b) A person shall not perform a notarial act if the person
involved as signatory to the instrument or document
PROHIBITIONS
o (1) is not in the notary's presence personally at the time of the

notarization; and
PROHIBITIONS
o (1) is not in the notary's presence personally at the time of the

notarization; and
o (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.
DISQUALIFICATION
FROM PERFORMING
A NOTARIAL ACT
DISQUALIFICATION FROM PERFORMING A
NOTARIAL ACT
NOTARIAL ACT
• (a) is a party to the instrument or document that is to be notarized;

NOTARIAL ACT

• (b) will receive, as a direct or indirect result, any commission, fee,
advantage, right, title, interest, cash, property, or other consideration,
except as provided by these Rules and by law;
NOTARIAL ACT

• (b) will receive, as a direct or indirect result, any commission, fee,
advantage, right, title, interest, cash, property, or other consideration,
except as provided by these Rules and by law;
• (c) A spouse, common-law partner, ancestor, descendant, or relative
by affinity or consanguinity of the principal within the fourth civil
degree
WHEN MAY A
NOTARY PUBLIC
REFUSE TO
NOTARIZE?
WHEN MAY A NOTARY PUBLIC REFUSE TO NOTARIZE?
• (a) The notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral;
• (b) The signatory shows a demeanour 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
• (b) The signatory shows a demeanour which engenders in the mind of the notary
public reasonable doubt as to the former's knowledge of the consequences of the
transaction requiring a notarial act; and
• (c) In the notary's judgment, the signatory is not acting of his or her own free will.
MAY A LAWYER NOTARIZE
OUTSIDE HIS OR HER
TERRITORIAL JURISDICTION?
REVOCATION OF
COMMISSION AND
DISCIPLINARY
ACTIONS
REVOCATION OF COMMISSION AND DISCIPLINARY
ACTIONS
ACTIONS
• (1) fails to keep a notarial register;
ACTIONS
• (2) fails to make the proper entry or entries in his notarial register concerning his
notarial acts;
ACTIONS
notarial acts;
• (3) fails to send the copy of the entries to the Executive Judge within the
first ten (10) days of the month following;
ACTIONS
notarial acts;
• (4) fails to affix to acknowledgments the date of expiration of his commission;
ACTIONS
notarial acts;
• (5) fails to submit his notarial register, when filled, to the Executive Judge;
ACTIONS
notarial acts;
• (6) fails to make his report, within a reasonable time, to the Executive Judge
concerning the performance of his duties, as may be required by the judge;
ACTIONS CONT'D
• (7) fails to require the presence of a principal at the time of the notarial act;
ACTIONS CONT'D
• (8) fails to identify a principal on the basis of personal knowledge or competent
evidence;
ACTIONS CONT'D
evidence;
• (9) executes a false or incomplete certificate under Section 5, Rule IV;
ACTIONS CONT'D
evidence;
• (10) knowingly performs or fails to perform any other act prohibited or mandated
by these Rules; and
ACTIONS CONT'D
evidence;
• (10) knowingly performs or fails to perform any other act prohibited or mandated
by these Rules; and
• (11) Commits any other dereliction or act which in the judgment of the Executive
Judge constitutes good cause for revocation of commission or imposition of
administrative sanction.
WHAT EFFECT
DOES
NOTARIZATION
HAVE ON A
DOCUMENT?
WHAT EFFECT DOES NOTARIZATION HAVE ON A
DOCUMENT?
DOCUMENT?
• Notarization converts a private document into a public document and
renders the document admissible in court as evidence without need
for further proof of its authenticity. A notarized document is entitled,
by law, to full faith and credit upon its face. Notarization also vests
upon the document the presumption of regularity unless it is
impugned by strong, complete and conclusive proof.
(Sec. 30, Rule 132, Rules of Court; De Rosales vs. Ramos, A.C. No. 5645, July 2, 2002)
DOCUMENT?
• Notarization converts a private document into a public document and
renders the document admissible in court as evidence without need
for further proof of its authenticity. A notarized document is entitled,
by law, to full faith and credit upon its face. Notarization also vests
upon the document the presumption of regularity unless it is
impugned by strong, complete and conclusive proof.
(Sec. 30, Rule 132, Rules of Court; De Rosales vs. Ramos, A.C. No. 5645, July 2, 2002)
• Notarization of private document converts such document into a

public one and renders it admissible in court without further proof of
its authenticity (Nadayag v. Grageda, 9-27-94)
MAY A LAWYER NOTARIZED DOCUMENTS OUTSIDE
ITS TERRITORIAL JURISDICTION?
• No. The Supreme Court through an en banc decision rendered on June 29, 2009
additionally imposed the penalty of revoking the lawyers’ notarial commission and
disqualified him from discharging duties as a notary public for an additional period
of two years.
of two years.
• The act of notarizing documents outside one’s area of commission is not to be taken
lightly. Aside from being a violation of section 11 of the 2004 Rules on Notarial
Practice, it also partakes of malpractice of law and falsification.
of two years.
• The act of notarizing documents outside one’s area of commission is not to be taken
lightly. Aside from being a violation of section 11 of the 2004 Rules on Notarial
Practice, it also partakes of malpractice of law and falsification.
• Since the public is deceived into believing that he has been duly commissioned, it
also amounts to indulging in deliberate falsehood, which the lawyers’ oath
proscribes.
MAY A LAWYER ALLOW HIS SPOUSE TO DO
NOTARIAL ACTS IN HIS ABSENCE?
• Personally accountable for the documents that he admitted were

signed by his wife. He cannot relieve himself of liability by passing the
blame to his wife. He is thus guilty of violating Canon 9 of CPR, which
requires lawyers not to directly or indirectly assist in the
unauthorized practice of law.
WHAT IS THE EFFECT IF A LAWYER NOTARIZED A DOCUMENT
DESPITE THE EXPIRATION OF HIS NOTARIAL COMMISSION?
• The Notary Public may be subjected to disciplinary action and also

constitutes a violation of the lawyers’ oath to obey the laws and more
specifically the Notarial Law.
MAY A LAWYER NOTARIZE A DOCUMENT WITHOUT THE
PERSONAL APPEARANCE OF THE PARTIES?
• No. The parties must appear before the Notary Public where the
Notary Public certify that the person acknowledging the instrument is
known to him and he is the same person who executed it and
acknowledged that the same is his free act and deed (Bon versus Atty. Ziga).
DEFINITION OF
TERMS
DEFINITION OF TERMS
• Commission - refers to the grant of authority to perform notarial acts and to the
written evidence of the authority.
• Copy Certification - refers to a notarial act in which a notary public:
• (a) is presented with an instrument or document that is neither a vital record, a public
record, nor publicly recordable;
• (b) copies or supervises the copying of the instrument or document;
• (c) compares the instrument or document with the copy; and
• (d) determines that the copy is accurate and complete.
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• Notarial Register - refers to a permanently bound book with numbered pages

containing a chronological record of notarial acts performed by a notary public
DEFINITION OF TERMS CONT'D
• Principal - refers to a person appearing before the notary public whose act is the
subject of notarization.
• Regular Place of Work or Business - refers to a stationary office in the city or

province wherein the notary public renders legal and notarial services.
• Petitioner - refers to a person who applies for a notarial commission.

• Executive Judge - refers to the Executive Judge of the Regional Trial Court of a city or
province who issues a notarial commission.
• Acknowledgement and Jurat certificates are the two most common
notarial acts, yet there is confusion about the difference between
these forms for many signers. Some notaries even find it difficult to
remember which procedures apply to which certificate.
REYNALDO AGRANZAMENDEZ
Affiant
TIN: 123-456-789-000
SUBSCRIBED AND SWORN to before me this 14th day of August

2017 in the City of Baguio Philippines by REYNALDO
AGRANZAMENDEZ whose competent evidence of identity is
written below her name and who is personally known to me to be
the same person who has executed the foregoing Affidavit of Loss.
• “Subscribed and sworn to before me…” – subscribed meaning “signed”
and sworn meaning that an oral oath or affirmation was given. “Before
me” means that both were done in the presence of the notary public.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Baguio,

Philippines, this 18th day of January 2019, personally appeared
the herein parties ISAGANI CALDERON married to MAUI
TAYLOR, presenting to me their valid I.Ds’. as written below their
respective name and ARA MINA personally known to me, and
known to me to be the same persons who executed the foregoing
WAIVER OF RIGHTS as their free acts and voluntary deeds.
This Instrument consisting of two (2) pages, relates to a

WAIVER OF RIGHTS of one parcel of land is signed on each and
every page thereof by the parties executing it and their witnesses
and sealed with my Notarial Seal.
WITNESS MY HAND AND SEAL.

REVOCATION OF
COMMISSION
REVOCATION OF COMMISSION


notarial acts;

notarial acts;
• (3) fails to send the copy of the entries to the Executive Judge within
the first ten (10) days of the month following;

notarial acts;
• (3) fails to send the copy of the entries to the Executive Judge within
the first ten (10) days of the month following;
(4) FAILS TO AFFIX TO ACKNOWLEDGMENTS THE DATE OF EXPIRATION OF HIS COMMISSION;
GRAY S. TAMBIAC
Notary Public for Baguio City
Notarial Commission N.A.-29-NC-18-R
My Commission Expires on December 31, 2019
ROLL NO. 63487; 05-08-14; Manila
MCLE COMPLIANCE No. V-0002819; 7-03-14
PTR NO. 5480467; 01-03-19
IBP O.R. NO. 05147; 12-20-18; Baguio-Benguet Chapter
REVOCATION OF COMMISSION CONT'D
• (6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance
of his duties, as may be required by the judge;
• (8) fails to identify a principal on the basis of personal knowledge or competent evidence;

• (10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and
• (10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and
• (11) Commits any other dereliction or act which in the judgment of the Executive Judge constitutes good
cause for revocation of commission or imposition of administrative sanction.
Republic of the Philippines
Regional Trial Court
First Judicial Region
Baguio City
OATH OF OFFICE
I, GRAY SIOANGAN TAMBIAC, having been appointed as Notary

Public, do hereby solemnly swear that I will faithfully and impartially
discharge and perform all the duties of the office of such Notary public
for and within the city of Baguio, Philippines, to the best of my ability
and understanding agreeable to the laws of the Republic of the
Philippines; that I will support and defend the Constitution of the
Philippines; that I will bear true faith and allegiance to the same; that I
will obey the laws, legal orders and decrees promulgated by the duly
constituted authorities of the Republic of the Philippines, and that I
impose this obligation upon myself voluntarily and without mental
reservation or purpose of evasion.
SO HELP ME GOD.
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2004 RULES ON

• (2) must be over twenty-one (21) years of age;

• (2) must be over twenty-one (21) years of age;

• (2) must be over twenty-one (21) years of age;

• (2) must be over twenty-one (21) years of age;

• A person commissioned as notary public may perform

• Two (2) years commencing the first day of January of the

• A notary public may file a written application with the

• The notary public thus removed from the Register of

• (a) at least one current identification document issued by an official

• Taxpayer’s identification card issued by the Bureau of Internal Revenue (BIR)

• Taxpayer’s identification card issued by the Bureau of Internal Revenue (BIR)

• Taxpayer’s identification card issued by the Bureau of Internal Revenue (BIR)

• Taxpayer’s identification card issued by the Bureau of Internal Revenue (BIR)

• No. While CTCs have previously been valid as proof of

• (a) As a General Rule, A notary public shall not perform a

• (3) hospitals and other medical institutions where a party to an instrument or

• (3) hospitals and other medical institutions where a party to an instrument or

• (4) any place where a party to an instrument or document requiring notarization is

o (1) is not in the notary's presence personally at the time of the

o (1) is not in the notary's presence personally at the time of the

o (2) is not personally known to the notary public or otherwise identified

• (a) is a party to the instrument or document that is to be notarized;

• (a) is a party to the instrument or document that is to be notarized;

• (a) is a party to the instrument or document that is to be notarized;

• Notarization of private document converts such document into a

• Personally accountable for the documents that he admitted were

• The Notary Public may be subjected to disciplinary action and also

• Notarial Register - refers to a permanently bound book with numbered pages

• Regular Place of Work or Business - refers to a stationary office in the city or

• Petitioner - refers to a person who applies for a notarial commission.

SUBSCRIBED AND SWORN to before me this 14th day of August

BEFORE ME, a Notary Public for and in the City of Baguio,

This Instrument consisting of two (2) pages, relates to a

WITNESS MY HAND AND SEAL.

• (1) fails to keep a notarial register;

• (1) fails to keep a notarial register;

• (1) fails to keep a notarial register;

• (1) fails to keep a notarial register;

• (9) executes a false or incomplete certificate under Section 5, Rule IV;

• (9) executes a false or incomplete certificate under Section 5, Rule IV;

• (9) executes a false or incomplete certificate under Section 5, Rule IV;

I, GRAY SIOANGAN TAMBIAC, having been appointed as Notary

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