I.

NOTARIAL LAW
A.
-

SOURCES

Act No. 2103,An Act Providing for the Acknowledgment and

Authentication of Instruments and Documents Without the
Philippine Islands
AN ACT PROVIDING FOR THE ACKNOWLEDGMENT AND
AUTHENTICATION OF INSTRUMENTS AND DOCUMENTS
WITHOUT THE PHILIPPINE ISLANDS.
By authority of the United States, be it enacted by the Philippine
Legislature, that:
Section 1. An instrument or document acknowledged and
authenticated in any State, Territory, the District of Columbia, or
dependency of the United States, shall be considered authentic if the
acknowledgment and authentication are made in accordance with the
following requirements:
(a) The acknowledgment shall be made before a notary public or an
officer duly authorized by law of the country to take acknowledgments
of instruments or documents in the place where the act is done. The
notary public or the officer taking the acknowledgment shall certify
that the person acknowledging the instrument or document is known
to him and that he is the same person who executed it, and
acknowledged that the same is his free act and deed. The certificate
shall be made under his official seal, if he is by law required to keep a
seal, and if not, his certificate shall so state.
(b) The certificate of the notary public or the officer taking the
acknowledgment shall be authenticated by the country clerk or his
deputy, or by a clerk or deputy clerk of any court of record of the
county, municipality or judicial district wherein the acknowledgment
is taken, or by the secretary of state, executive secretary, or other
similar functionary of the state, territory, the District of Columbia, or
dependency of the United States, as the case may be. The officer
making the authentication shall certify under the seal of his office or
court that the person who took the acknowledgment was at the time

duly authorized to act as notary public or that he was duly exercising

the functions of the office by virtue of which he assumed to act, and
that as such he had authority under the law to take acknowledgment
of instruments or documents in the place where the acknowledgment
was taken, and that his signature and seal, if any, are genuine.
Section 2. An instrument or document acknowledged and
authenticated in a foreign country shall be considered authentic if the
acknowledgment and authentication are made in accordance with the
following requirements:
(a) The acknowledgment shall be made before (1) an ambassador,
minister, secretary of legation, charg daffaires, consul, viceconsul, or consular agent of the United States, 1 acting within the
country or place to which he is accredited, or (2) a notary public or
officer duly authorized by law of the country to take acknowledgments
of instruments or documents in the place where the act is done.
(b) The person taking the acknowledgment shall certify that the
person acknowledging the instrument or document is known to him,
and that he is the same person who executed it, and acknowledged
that the same is his free act and deed. The certificate shall be under his
official seal, if he is by law required to keep a seal, and if not, his
certificate shall so state. In case the acknowledgment is made before a
notary public or an officer mentioned in subdivision (2) of the
preceding paragraph, the certificate of the notary public or the officer
taking the acknowledgment shall be authenticated by an ambassador,
minister, secretary of legation, charg daffaires, consul, vice-consul,
or consular agent of the United States,2 acting within the country or
place to which he is accredited. The officer making the authentication
shall certify under his official seal that the person who took the
acknowledgment was at the time duly authorized to act as notary
public or that he was duly exercising the functions of the office by
virtue of which he assumed to act, and that as such he had authority
under the law to take acknowledgment of instruments or documents
in the place where the acknowledgment was taken, and that his
signature and seal, if any, are genuine.

Section 3. Instruments or documents acknowledged and

authenticated in substantial conformity with the provisions of this Act
before the same takes effect shall be considered authentic.
Section 4. This Act shall not be construed to repeal in any way any of
the provisions contained in Chapter X, Part I, of Act Numbered One
hundred and ninety,3 entitled "An Act providing a code or procedure
in civil actions and special proceedings in the Philippine Islands."
Enacted, January 26, 1912.

Act No. 2711,An Act Amending the Administrative Code,

Sections 231 to 252

appoint other persons temporarily to exercise the office of notary

public who have the requisite qualifications of fitness and morality.

CHAPTER 11
Notaries Public
PRELIMINARY ARTICLE
Title of Chapter
SECTION 231. Title of the chapter Title of the chapter shall be
known as the Notarial Law.
ARTICLE I
Appointment and Qualification of Notaries Public

SECTION 234. Disqualification incident to conviction of crime. No

person shall be appointed notary public who has been convicted of any
crime implying moral turpitude.

SECTION 232. Appointment of notaries public. Judges of Court of

First Instance in the respective provinces may appoint as many
notaries public as the public good requires, and there shall be at least
one for every municipality in each province. Notaries public in the City
of Manila shall be appointed by the Supreme Court or, during
vacation, by the Supreme Court judge assigned to vacation duty.
SECTION 233. Qualifications for appointment. To be eligible for
appointment as notary public, a person must be a citizen of the
(Philippine Islands) Philippines or of the United States and over
twenty-one years of age. He must, furthermore, be person who has
been admitted to the practice of law or who has completed and passed
in the studies of law in a reputable university or school of law, or has
passed the examination for the office of justice of the peace or clerk or
deputy clerk of court, or be a person who has at some time held the
office of clerk or deputy clerk of court for a period of not less than two
years, or a person who had qualified for the office of notary public
under the Spanish sovereignty.
In the chartered cities and in the capitals of the provinces, where there
are two or more lawyers appointed a notaries public, no person other
than a lawyer or a person who had qualified to hold the office of
notary public under the Spanish sovereignty shall hold said office.
In municipalities or (townships) municipal, districts wherein no
person reside having the qualifications hereinbefore specified or
having them; refused hold such office, judges of first instance may

SECTION 235. Restriction on right of certain officials to act as

notaries public. Justices of the peace and clerks of court shall not act
as notaries public except in the character of notaries public ex officio.
SECTION 236. When oath of office to be preserved. The oath of
office of a notary public in a province shall be filed and preserved,
together with the commission, in the office of the clerk of the Court of
First Instance of the province. The oath of office of a notary public in
the City of Manila shall be filed and preserved, with the commission,
in the office of the clerk of the Supreme Court.
SECTION 237. Form of commission for notary public. The
appointment of a notary public shall be in writing, signed by the judge,
and substantially in the following form:
GOVERNMENT OF THE PHILIPPINES)PROVINCE OF
____________________)
This is to certify that ______________________, of the
municipality of ____________________________ in said
province, was, on the ________ day of
_____________________, anno Domini nineteen hundred and
_____________ appointed by me a notary, public, within and for
the said province, for the term ending on the first day of January,
anno Domini nineteen hundred and
_________________________
Judge of the Court of FirstInstance of said Province
SECTION 238. Certificate of appointment to be forwarded to Bureau
of Justice. Clerks of Courts of First Instance shall make and forward

to the Bureau of Justice immediately after commission and oath of

office of any notary public are recorded in said clerks office a
certificate of such appointment and the term office of the appointee. A
record shall be kept of all such certificates in the Bureau of Justice.

shall be deemed to be notaries public ex officio, and as such they are

authorized to perform, within the limits of their territorial jurisdiction
as herein below defined, all the duties appertaining to the office of
notary public:

SECTION 239. Term of office. The term of office of a notary public

shall end at the expiration of the two-year period beginning upon the
first day of January of the year in which the appointment is made.

(a) The Chief of the Division of Archives, Patents, Copyrights, and

Trademarks; the Clerk of the. Supreme Court, the Clerk of the Court of
First Instance of the Ninth Judicial District, the Chief of the General
Land Registration Office, and the Superintendent of the Postal
Savings Bank Division, Bureau of Posts when acting within the
limits of the City of Manila.

ARTICLE II
Jurisdiction and Powers
SECTION 240. Territorial jurisdiction. The jurisdiction of a notary
public in a province shall be co-extensive with the province. The
jurisdiction of a notary public in the City of Manila shall be coextensive with said city. No notary shall possess authority to do any
notarial act beyond the limits of his jurisdiction.
SECTION 241. Powers of notary public. Every notary public shall
have power to administer all oaths and affirmations provided for by
law, in all matters incident to his notarial office, and in the execution
of affidavits, depositions, and other documents requiring an oath, and
to receive the proof or acknowledgment of all writings relating to
commerce or navigation, such as bills of sale, bottomries, mortgages,
and hypothecations of ships, vessels, or boats, charter parties of
affreightments, letters of attorney, deeds, mortgages, transfers and
assignments of land or buildings, or an interest therein, and such
other writings as are commonly proved or acknowledged before
notaries; to act as a magistrate, in the writing of affidavits or
depositions, and to make declarations and certify the truth thereof
under his seal of office, concerning all matters done by him by virtue
of his office.
ARTICLE III
Notaries Public Ex Officio
SECTION 242. Officers acting as notaries public ex officio. Except as
otherwise specially provided, the following officials, and none other,

(b) Clerks of Courts of First Instance outside of the City of Manila,

when acting within the judicial districts to which they respectively
pertain.
(c) Justices of the peace, within the limits of the territory over which
their jurisdiction as justices of the peace extends; but auxiliary justices
of the peace and other of who are by law vested with the office of
justice of the peace ex officio shall not, solely by reason of such
authority, be also entitled to act in the capacity of notaries ex officio.
(d) Any government officer or employee of the Department of
Mindanao and Sulu appointed notary public ex officio by the Judge of
the Court of First Instance, with jurisdiction co-extensive with the
province wherein the appointee is stationed, and for a term of two
years beginning upon the first day of January of the year in which the
appointment is made.
The authority conferred in subsections (a) and (b) hereof may, in the
absence of the chief or clerk of court, be exercised by an assistant
chief, acting chief, or deputy clerk of court pertaining to the office in
question.
SECTION 243. Notary public ex officio required to use register. No
person shall do any act in the capacity of notary public ex officio in
cases where full notarial authentication is required unless he shall
have the prescribed notarial register; but the notarial acts of an
assistant chief, acting chief, or deputy clerk shall be entered in the

same register as would be used by his principal.

ARTICLE IV
Notarial Seal
SECTION 244. Seal of notary public. Every person appointed to the
position of notary public shall have a seal of office, to be procured at
his own expense, which shall be affixed to papers officially signed by
him. It shall be of metal and shall have the name of the province and
the words (Philippine Islands) Philippines and his own-name
engraved on the margin thereof, and the words notary, public across
the center. An impression of such seal directly on the paper or
parchment on which the writing is had shall be as valid as if made on
wax or wafer.
In the case of the Chief of the General Land Registration Office or
other clerk of court acting as notary public ex officio, it shall suffice to
use the official seal of the court to which the officer in question
pertains other officials authorized to act as notaries public ex officio
are not required to keep or use a seal, unless especially so prescribed,
by law.
ARTICLE V
Notarial Register
SECTION 245. Notarial register. Every notary public shall keep a
register to be known as the notarial register, wherein record shall be
made of all his official acts as notary; and he shall supply a certified
copy of such record, or any part thereof, to any person applying for it
and paying the legal fees therefor.
Such register shall be kept in books to be furnished by the AttorneyGeneral to any notary public upon request and upon payment of the
actual cost thereof, but officers exercising the functions of notaries
public ex officio shall be supplied with the register at Government
expense. The register shall be duly paged, and on the first page the
Attorney-General shall certify the number of pages of which the book
consist.
SECTION 246. Matters to be entered therein The notary public shall

enter in such register, in chronological order, the nature of each

instrument executed, sworn to, or acknowledged before him, the
person executing, swearing to, or acknowledging the instrument, the
witnesses, if any, to the signature, the date of the execution, oath, or
acknowledgment of the instrument, the fees collected by hint for his
services as notary in connection therewith, and; when the instrument
is a contract, he shall keep a correct copy thereof as part of his records,
and shall likewise enter in said records a brief description of the
substance thereof, and shall give to each entry a consecutive number,
beginning with number one in each calendar year. The notary shall
give to each instrument executed, sworn to, or acknowledged before
him a number corresponding to the one in his register, and shall also
state on the instrument the page or pages of his register on which the
same is recorded. No blank line shall be left between entries.
When a notary public shall protest any draft, bill of exchange, or
promissory note, he shall make a full and true record in his notarial
register of all his proceedings in relation thereto, and shall note
therein whether the demand or the sum of money therein mentioned
was made, of whom, when, and where; whether he presented such
draft, bill, or note; whether notices were given, to whom, and in what
manner; where the same was made, and when, and to whom, and
where directed; and of every other fact touching the same.
At the end of each week the notary shall certify in his register the
number of instruments executed, sworn to, acknowledged, or
protested before him; or if none such, certificate shall show this fact.
A certified copy of each months entries as described in this section
and a certified copy of any instrument acknowledged before them
shall within the first ten days of the month next following be
forwarded by the notaries public to the clerk of the Court of First
Instance of the province and shall be filed under the responsibility of
such officer: Provided, That if there is no entry to certify for the
month, the notary shall forward a statement to this effect in lieu of the
certified copies herein required.
SECTION 247. Disposition of notarial register. Immediately upon
his notarial register being filled, and also within fifteen days after the

expiration of his commission, unless reappointed, the notary public

shall forward his notarial register to the clerk of the Court of First
Instance of the province or of the City of Manila, as the case may be,
wherein he exercises his office, who shall examine the same and report
thereon to the judge of the Court of First Instance. If the judge finds
that no irregularity has been committed in the keeping of the register,
he shall forward the same to the chief of the division of archives,
patents, copyrights, and trademarks. In case the judge finds that
irregularities have been committed in the keeping of the register, he
shall refer the matter to the fiscal of the province and in the City of
Manila, to the fiscal of the city for action and the sending of the
register to the chief of the division of archives, patents, copyrights,
and trademarks shall be deferred until the termination of the case
against the notary public.
ARTICLE VI
Supervisory Authority of Judges Over Notaries Public
SECTION 248. Supervision of judges of first instance over notaries
public. The judge of the Court of First Instance in each judicial
district shall at all times exercise supervision over the notaries public
within his district and shall keep himself informed of the manner in
which they perform their duties by personal inspection wherever
possible, or from reports which he may require from them, or from
any other available source.
In the City of Manila such supervision shall be exercised by one of the
Judges of the Court of First Instance of the (Ninth) Fourth Judicial
District (City of Manila) to be thereunto assigned by the judges of the
nine branches of said court.
SECTION 249. Grounds for revocation of commission. The
following derelictions of duty on the part of a notary public, shall, in
the discretion of the proper judge of first instance, be sufficient
ground for the revocation of his commission:
(a) The failure of the notary to keep a notarial register.
(b) The failure of the notary to make the proper entry or entries in his
notarial register touching his notarial acts in the manner required by
law.
(c) The failure of the notary to send the copy of the entries to the

proper clerk of Court of First Instance within the first ten days of the
month next following.
(d) The failure of the notary to affix to acknowledgments the date of
expiration of his commission, as required by law.
(e) The failure of the notary to forward his notarial register, when
filled, to the proper clerk of court.
(f) The failure of the notary to make the proper notation regarding
cedula certificates.
(g) The failure of a notary to make report; within a reasonable time, to
the proper judge of first instance concerning the performance of his
duties, as may be required by such judge.
(h) Any other dereliction or act which shall appear to the judge to
constitute good cause for removal.
ARTICLE VII
Miscellaneous Provisions
SECTION 250. Affixing date of expiration of commission. Notaries
public shall affix to all acknowledgments taken and certified by them,
according to law, a statement of the date on which their commissions
expire.
SECTION 251. Requirement as to notation of payment of (cedula)
residence tax. Every contract, deed, or other document
acknowledged before a notary public shall have certified thereon that
the parties thereto have presented their proper (cedula) residence
certificates or are exempt from the (cedula) residence tax, and there
shall be entered by the notary public as a part of such certification the
number, place of issue, and date of each (cedula) residence certificate
as aforesaid.
SECTION 252. Compensation of notaries public. No fee,
compensation, or reward of any sort, except such as is expressly
prescribed and allowed by law, shall be collected or received for any
service rendered by a notary public. Such moneys collected by notaries
public proper shall belong to them personally. Officers acting as
notaries public ex officio shall charge for their services the fees
prescribed by law and account therefor as for Government funds.

Executive Order No. 292, series of 1987, Administrative

Code of 1987, Book I, Chapter 10, Sections 41 and 42 (as
amended by Republic Act No. 9406)
SECTION 41. Officers Authorized to Administer Oath.
(1) The following officers have general authority to administer oath:
Notaries public, members of the judiciary, clerks of courts, the
Secretary of the either House of the Congress of the Philippines, of
departments, bureau directors, registers of deeds, provincial
governors and lieutenant-governors, city mayors, municipal mayors
and any other officer in the service of the government of the
Philippines whose appointment is vested in the President.
(2) Oaths may also be administered by any officer whose duties, as
defined by law or regulation, require presentation to him of any
statement under oath.
SECTION 42. Duty to Administer Oath.Officers authorized to
administer oaths, with the exception of notaries public, municipal
judges and clerks of court, are not obliged to administer oaths or
execute certificates save in matters of official business; and with the
exception of notaries public, the officer performing the service in
those matters shall charge no fee, unless specifically authorized by
law.

Republic Act No. 7160,Local Government Code of 1991,

Sections 156 to 163

(2) For every Five thousand pesos (P5,000.00) of gross receipts or

earnings derived by it from its business in the Philippines during the
preceding year - Two pesos (P2.00).

ARTICLE VICommunity Tax

Section 156.Community Tax. - Cities or municipalities may levy a
community tax in accordance with the provisions of this Article.
Section 157.Individuals Liable to Community Tax. - Every
inhabitant of the Philippines eighteen (18) years of age or over who
has been regularly employed on a wage or salary basis for at least
thirty (30) consecutive working days during any calendar year, or who
is engaged in business or occupation, or who owns real property with
an aggregate assessed value of One thousand pesos (P1,000.00) or
more, or who is required by law to file an income tax return shall pay
an annual additional tax of Five pesos (P5.00) and an annual
additional tax of One peso (P1.00) for every One thousand pesos
(P1,000.00) of income regardless of whether from business, exercise
of profession or from property which in no case shall exceed Five
thousand pesos (P5,000.00).

The dividends received by a corporation from another corporation

however shall, for the purpose of the additional tax, be considered as
part of the gross receipts or earnings of said corporation.
Section 159.Exemptions. - The following are exempt from the
community tax:
(1) Diplomatic and consular representatives; and
(2) Transient visitors when their stay in the Philippines does not
exceed three (3) months.
Section 160.Place of Payment. - The community tax shall be paid in
the place of residence of the individual, or in the place where the
principal office of the juridical entity is located.
Section 161.Time for Payment; Penalties for Delinquency. -

In the case of husband and wife, the additional tax herein imposed
shall be based upon the total property owned by them and the total
gross receipts or earnings derived by them.
Section 158.Juridical Persons Liable to Community Tax. - Every
corporation no matter how created or organized, whether domestic or
resident foreign, engaged in or doing business in the Philippines shall
pay an annual community tax of Five hundred pesos (P500.00) and
an annual additional tax, which, in no case, shall exceed Ten thousand
pesos (P10,000.00) in accordance with the following schedule:
(1) For every Five thousand pesos (P5,000.00) worth of real property
in the Philippines owned by it during the preceding year based on the
valuation used for the payment of real property tax under existing
laws, found in the assessment rolls of the city or municipality where
the real property is situated - Two pesos (P2.00); and

(a) The community tax shall accrue on the first (1st) day of January of
each year which shall be paid not later than the last day of February of
each year. If a person reaches the age of eighteen (18) years or
otherwise loses the benefit of exemption on or before the last day of
June, he shall be liable for the community tax on the day he reaches
such age or upon the day the exemption ends. However, if a person
reaches the age of eighteen (18) years or loses the benefit of exemption
on or before the last day of March, he shall have twenty (20) days to
pay the community tax without becoming delinquent.
Persons who come to reside in the Philippines or reach the age of
eighteen (18) years on or after the first (1st) day of July of any year, or
who cease to belong to an exempt class or after the same date, shall
not be subject to the community tax for that year.

(b) Corporations established and organized on or before the last day of

June shall be liable for the community tax for that year. But
corporations established and organized on or before the last day of
March shall have twenty (20) days within which to pay the community
tax without becoming delinquent. Corporations established and
organized on or after the first day of July shall not be subject to the
community tax for that year.
If the tax is not paid within the time prescribed above, there shall be
added to the unpaid amount an interest of twenty-four percent (24%)
per annum from the due date until it is paid.
Section 162.Community Tax Certificate. - A community tax
certificate shall be issued to every person or corporation upon
payment of the community tax. A community tax certificate may also
be issued to any person or corporation not subject to the community
tax upon payment of One peso (P1.00).
Section 163.Presentation of Community Tax Certificate On Certain
Occasions. (a) When an individual subject to the community tax acknowledges
any document before a notary public, takes the oath of office upon
election or appointment to any position in the government service;
receives any license, certificate. or permit from any public authority;
pays any tax or free; receives any money from any public fund;
transacts other official business; or receives any salary or wage from
any person or corporation with whom such transaction is made or
business done or from whom any salary or wage is received to require
such individual to exhibit the community tax certificate.
The presentation of community tax certificate shall not be required in
connection with the registration of a voter.
(b) When, through its authorized officers, any corporation subject to
the community tax receives any license, certificate, or permit from any
public authority, pays any tax or fee, receives money from public

funds, or transacts other official business, it shall be the duty of the

public official with whom such transaction is made or business done,
to require such corporation to exhibit the community tax certificate.
(c) The community tax certificate required in the two preceding
paragraphs shall be the one issued for the current year, except for the
period from January until the fifteenth (15th) of April each year, in
which case, the certificate issued for the preceding year shall suffice.

Presidential Decree No. 1158, National Internal Revenue

Code of 1977 (as amended), Section 201
Sec. 201. Effect of failure of stamp taxable document. An
instrument, document, or paper which is required by law to be
stamped and which has been signed, issued, accepted, or transferred
without being duly stamped, shall not be recorded, nor shall it or any
copy thereof or any record of transfer of the same be admitted or used
in evidence in any court until the requisite stamps shall have been
affixed thereto and cancelled.
No notary public or other officer authorized to administer oaths shall
add his jurat or acknowledgment to any document subject to
documentary stamp tax unless the proper documentary stamps are
affixed thereto and cancelled.

A.M. NO. 02-8-13-SC, SC En Banc Resolution dated 6 July

2004, 2004 Rules on Notarial Practice

SEE RULES OF COURT

A.M. No. 02-8-13-SC, SC En Banc Resolution dated 15 August

2006, 2004 Rules on Notarial Practice

Court Administrator.

Guidelines relative to printing and distribution of notarial

books, 2004 Rules on Notarial Practice, A.M. No. 02-8-13SC, SC En Banc Resolution dated August 15, 2006

3. Notarial registers shall be available at P1,200.00[1][1] each. Said

amount shall cover only the costs of printing and binding of the
notarial registers exclusive of shipping charges when sold in the
provinces. Payments shall be made either to the Cash Division,
Financial Management Office, OCA, or to the Clerk of
Court/accountable officer in the OCC of the RTC, as the case may be.

Re: 2004 Rules on Notarial Practice

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court

dated AUG 15 2006.

A.M. No. 02-8-13-SC.- Re: 2004 Rules on Notarial Practice.- The

Court Resolved to

(a) APPROVE the Proposed Guidelines in the Implementation of the

Provisions of the Memorandum of Agreement between the Office of
the Court Administrator and the Office of the Solicitor General relative
to printing and distribution of Notarial Books, to wit:

1. Notaries public who render legal and notarial services within the
National Capital Judicial Region shall secure their notarial registers
from the Property Division, Office of the Administrative Services of
the Office of the Court Administrator (OCA).

2. Notaries public in other judicial regions shall secure their notarial

registers from the Office of the Clerk of Court (OCC) of the Regional
Trial Court (RTC) of the city or province under the supervision of the
Executive Judge who issued their respective notarial commissions.
However, they may also secure notarial registers from the Office of the

a. The amount collected shall be receipted and deposited to a separate

account of the fiduciary fund to be known as the Notarial Register
Fund (NRF).

b. The Cash Division, FMO, OCA, shall maintain with the Land Bank
of the Philippines a separate special account of the fiduciary fund
specifically for the NRF. A separate cashbook shall also be kept and
maintained for the fund. Withdrawals of deposits shall be made only
upon authorization or approval by the Chief Justice or his duly
authorized representative.

c. The Court Administrator and the Financial Office of the OCA shall
be the authorized signatories for this fund.

4. In view of the current unavailability of notarial registers, notaries

public shall be allowed to use the temporary form attached hereto.
The notary public concerned shall file a written request to use the
improvised form with the executive judge that issued his commission.
A copy of his current commission shall be attached to such request.

The notaries public who have been authorized to use such forms shall
have them book-bound and initialed on each and every page by the
executive judge before whom the request was filed. Each bound copy
shall have a maximum of 106 pages and shall be treated and used in
the same manner as the new notarial book.

Each request shall be limited to one bound copy. Should the bound
copy be used up before the new notarial books are available, the
notary public concerned may request anew for the use of bound
temporary forms. The use of bound temporary forms shall end when
the new notarial books are available but, upon written request, the
executive judge may allow the notary public to use up the bound
temporary forms.

5. The OCA shall, within the first ten (10) days of the first month of
every quarter remit to the Office of the Solicitor General an amount
equivalent to 10% of the gross collections during the preceding quarter
as the share of the OSG in the sale of the notarial registers.

6. The printed certification of the Court Administrator as to the

number of pages of each notarial register shall be countersigned by the
following:

a. In the National Capital Judicial Region, the official of the Office of

the Court Administrator authorized by the Court Administrator to so
countersign; and

b. In the case of the other judicial regions, the Clerk of Court of the
Regional Trial Court of the city or province where such book has been
obtained for cost.

7. The Supreme Court Printing Office shall print the notarial registers.

In the event the Printing Office cannot meet the requirements of the
OCA, and subject to Republic Act No. 9184 (Government Procurement
Reform Act), its implementing rules and regulations, and existing
Supreme Court issuances on procurement, the Court Administrator
may contract out the printing of notarial registers to the following
printers in the following order:

a.

UP Printing Services

b.

The National Printing Office, or

c.

Private printing firm

The OCA shall resort to the third option only if the first two printers
can not accommodate the requirements of the Court.

After the approval by the Court of these guidelines, the OCA shall
disseminate the same through a circular.

(b) DENY for lack of merit the motion filed by Chief Public Attorney
Persida V. Rueda-Acosta, praying for a reconsideration of the
resolution of January 31, 2006 which denied her request for the
exemption of PAO lawyers from the payment of the fees for notarial
commission and for the exemption of their clients from the payment
of filing fees;

(c) NOTE the letter dated September 5, 2005 of Mr. Prescillano Y.

Aguinias, Jr.;

(d) CONFIRM the opinions of then Court Administrator Presbitero J.

Velasco, Jr. and Deputy Court Administrator Jose P. Perez that the
Court does not render advisory opinions;

A.M. No. 02-8-13-SC, SC En Banc Resolution dated 19

February 2008, 2004 Rules on Notarial Practice
A.M. No. 02-8-13-SC

February 19, 2008

(e) INFORM Mr. Agunias, Jr. that neither does the Subcommittee on
Revision of Rules Governing Notaries Public render advisory
opinions;

RE: 2004 RULES ON NOTARIAL PRACTICE -The Court

Resolved, upon the recommendation of the Sub Committee on the
Revision of the Rules Governing Notaries Public, to AMEND Sec. 12
(a). Rule II of the 2004 Rules on Notarial Practice, to wit:

(f) AUTHORIZE the Clerks of Court of the Regional Trial Courts to

notarize not only documents relating to the exercise of their official
functions but also private documents, subject to the following
conditions: (i) all notarial fees charged in accordance with Section 7(o)
of Rule 141 of the Rules of Court, and, with respect to private
documents, in accordance with the notarial fee that the Supreme
Court may prescribe in compliance with Section 1, Rule V of the 2004
Rules on Notarial Practice, shall be for the account of the Judiciary
and (ii) they certify in the notarized documents that there are no
notaries public within the territorial jurisdiction of the Regional Trial
Court;

Sirs/Mesdames:

(g) DIRECT the Court Administrator to issue a circular for the

purpose of implementing the above authority; and

(h) ADOPT a consolidated and uniform rate of fees for notarial

services. Corona, J., on leave. Azcuna, J., abroad on official
business.

Quoted hereunder, for your information, is a resolution of the Court

En Banc dated February 19, 2008.
"A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. The
Court Resolved, upon the recommendation of the Sub Committee on
the Revision of the Rules Governing Notaries Public, to AMEND Sec.
12 (a). Rule II of the 2004 Rules on Notarial Practice, to wit:
Rule II
DEFINITIONS
xxx
"Sec. 12. Component Evidence of Identity. The phrase
"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, such
as but not limited to, passport, drivers license, Professional
Regulations Commission ID, National Bureau of Investigation
clearance, police clearance, postal ID, voters ID, Barangay
certification, Government Service and Insurance System (GSIS) ecard, Social Security System (SSS) card, Philhealth card, senior citizen
card, Overseas Workers Welfare Administration (OWWA) ID, OFW

ID, seamans book, alien certificate of registration/immigrant

certificate of registration, government office ID, certification from the
National Council for the Welfare of Disable Persons (NCWDP),
Department of Social Welfare and Development (DSWD) certification;
or
(b) xxxx."

Supreme Court Memorandum Order No. 75-04 dated 25

November 2004
November 25, 2004
SUPREME COURT MEMORANDUM ORDER NO. 75-04
RE: 2004 RULES ON NOTARIAL PRACTICE (A.M. NO. 02-8-13SC)
The attention of the Court has been called to some problems
relating to the implementation of the 2004 Rules on Notarial
Practice, among which are the provisions which cannot be
complied with or cannot be implemented as yet such as the
use of new dry seals and seal image. These problems have
been dealt with in a Resolution dated August 24, 2004 1
issued by the Court En Banc, which is quoted hereunder:
ESHAIC
"A.M. No. 02-8-13-SC. Re: 2004 Rules on Notarial Practice.
The Court Resolved to DECLARE that
(a)
Notaries Public who have been commissioned prior to
1 August 2004 can continue with their work until the
expiration of their commission;
(b)
Incumbent Notaries Public should follow the new rules
that can be complied with; and
(c)
A contrario, incumbent Notaries Public need not
comply with the rules that cannot yet be enforced such as
the use of new dry seals and seal image and new forms of
notarial registers. IaHAcT
The Court further Resolved to DIRECT the Office of the Court
Administrator to immediately take all steps to facilitate the
early implementation of the 2004 Rules on Notary Practice in
coordination with the Office of the Solicitor General and the
Executive Judge.
The Court moreover Resolved to NOTE the (a) Letter dated 16
August 2004 of Attys. Eusebio V. Tan and Romulo A. Espaldon,
Jr. of Angara Abello Concepcion Regala& Cruz Law Offices and
(b) Letter dated 17 August 2004 of Atty. Roberto E. Examen,
President, IBP, Sultan Kudarat Chapter, Poblacion, Isulan,
Sultan Kudarat, both requesting advise and/or clarification

relative to the implementation of the 2004 Rules on Notarial

Practice."
It appears that the above en banc Resolution has not been
fully disseminated, hence, the continuing clarificatory letters
from affected parties. The Court thus finds the necessity to
more fully circularize and publicize the said en banc
Resolution. For this purpose, the Court Administrator is
instructed to circularize the said Resolution to all Judges,
especially the Executive Judges; the Integrated Bar of the
Philippines to do the same to all lawyers; and the Public
Information Office to make parallel efforts to disseminate the
information to the public. cHDEaC
Submission of compliance herewith shall be submitted to the
Court, through the Clerk of Court, within thirty (30) days from
notice.
November 25, 2004. STECDc
(SGD.) REYNATO S. PUNO
Acting Chief Justice

Bar Matter No. 2493

April 24, 2012
EN BANC
B.M. No. 2493
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution dated
April 24, 2012, which reads as follows: TEcAHI
"B.M. No. 2493 (In re: Letter of Judge Ramon B. Barona, RTC, Branch
13, Basco, Batanes, Inquiring About the Re-Appointment of Two [2]
Non-Lawyers as Notary Public). The Court Resolved, upon the
recommendation of the Office of the Court Administrator, to:
(a)
GRANT Judge Ramon B. Barona, RTC, Branch 13, Basco,
Batanes, the authority to grant notary public commissions to nonmembers of the Philippine Bar as an exception to the rule subject to
the following conditions as previously set forth in A.M. No. 05-8-491RTC, to wit:
(i)
Only paragraph (4), Section 1, Rule III of the 2004 Rules on
Notarial Practice shall be waived; and
(ii)
The following additional requirements are complied with, to
wit: TcCEDS
(1)
The applicant must at least be a holder of a Bachelor of Laws
degree and must present a certification of completion from the school
where he graduated from; and
(2)
The applicant must submit a certificate of good moral
character issued by at least two (2) local executive officials to show
that the applicant possesses the requisite qualifications of fitness and
morality; and
(b)
REQUIRE Judge Barona to SUBMIT, within fifteen (15) days
from notice hereof, (i) the names of the non-lawyers to be
commissioned as notaries public and (ii) proof of their qualification as
notaries public." (adv143) SEDICa
Very truly yours,
(SGD.) ENRIQUETA E. VIDAL
Clerk of Court

Supreme Court Circular I-90, 26 February 1990, Power of

the Municipal Trial Court Judges and Municipal Circuit
Trial Court Judges to Act as Notaries Public Ex Officio
TO: ALL JUDGES OF THE METROPOLITAN TRIAL COURTS
(METC), MUNICIPAL TRIAL COURTS IN CITIES (MTCC),
MUNICIPAL TRIAL COURTS (MTC), MUNICIPAL CIRCUIT TRIAL
COURTS (MCTC) SHARIA COURTS AND THE INTEGRATED BAR
OF THE PHILIPPINES (IBP)
SUBJECT: POWER OF THE MUNICIPAL TRIAL COURT JUDGES
AND MUNICIPAL CIRCUIT TRIAL COURT JUDGES TO ACT AS
NOTARIES PUBLIC EX OFFICIO.
For the information and guidance of all concerned, quoted hereunder
is the Resolution of the Court En Banc dated December 19, 1989, in
Administrative Matter No. 89-11-1303 MTC, "Re: Request for
clarification on the power of municipal trial court judges and
municipal circuit trial court judges to act as Notaries Public Ex
Officio";
"Acting on a query regarding the power of municipal trial court judges
and municipal circuit trial court judges to act in the capacity of
notaries public ex officio in the light of the 1989 Code of Judicial
Conduct, the Court Resolved to issue a clarification on the matter.
"Municipal Trial Court (MTC) and Municipal Circuit Trial Court
(MCTC) judges are empowered to perform the function of Notaries
Public ex officio under Section 76 of Republic Act No. 296, as
amended [otherwise known as the Judiciary Act of 1948] and Section
242 of the Revised Administrative Code. But the Court hereby lays
down the following qualifications on the scope of this power:
"MTC and MCTC judges may act as Notaries Public ex officio
in the notarization of documents connected only with the exercise of
their official functions and duties [Borne v. Mayo, Adm. Matter No.
1765-CFI, October 17, 1980. 100 SCRA 314; Penera v. Dalocanog,
Adm. Matter No. 2113-MJ, April 22, 1981, 104 SCRA 193.] They may
not, as Notaries Public ex officio, undertake the preparation and
acknowledgment of private documents, contracts and other acts of
conveyances which bear no direct relation to the performance of their

functions as judges. The 1989 Code of Judicial Conduct not only

enjoins judges to regulate their extra-judicial activities in order to
minimize the risk of conflict with their judicial duties, but also
prohibits them from engaging in the private practice of law [Canon 5
and Rule 5.07].
"However, the Court taking judicial notice of the fact that there are
still municipalities which have neither lawyers nor notaries public,
rules that MTC and MCTC judges assigned to municipalities or
circuits with no lawyers or notaries public may, in the capacity as
notaries public ex officio, perform any act within the competency of a
regular notary public: Provided, That: [1] all notarial fees charged be
for the account of the Government and turned over to the municipal

treasurer (Lapena, Jr. vs. Marcos, Adm. Matter No. 1969-MJ, June 29,
1982, 114 SCRA 572); and [2] certification be made in the notarized
documents attesting to the lack of any lawyer or notary public in such
municipality or circuit." Feliciano, J., is on leave
February 26, 1990.

[Sgd.] MARCELO B. FERNAN

Chief Justice