A.M. No.

02-8-13-SC

(c) avows under penalty of law to the whole truth of the

2004 Rules on Notarial Practice

contents of the instrument or document.

RESOLUTION

SEC. 3. Commission. - Commission refers to the grant of

Acting on the compliance dated 05 July 2004 and on the

authority to perform notarial acts and to the written

proposed Rules on Notarial Practice of 2004 submitted by

evidence of the authority.

the Sub-Committee for the Study, Drafting and

SEC. 4. Copy Certification. - Copy Certification refers to a

Formulation of the Rules Governing the Appointment of

notarial act in which a notary

Notaries Public and the Performance and Exercise of Their

public:chanroblesvirtuallawlibrary

Official Functions, of the Committees on Revision of the

(a) is presented with an instrument or document that is

Rules of Court and on Legal Education and Bar Matters,

neither a vital record, a public record, nor publicly

the Court Resolved to APPROVE the proposed Rules on

recordable;

Notarial Practice of 2004, with modifications, thus:

(b) copies or supervises the copying of the instrument or

2004 RULES ON NOTARIAL PRACTICE

document;

RULE I

(c) compares the instrument or document with the copy;

IMPLEMENTATION

and

SECTION 1. Title. - These Rules shall be known as the 2004

(d) determines that the copy is accurate and complete.

Rules on Notarial Practice.

SEC. 5. Notarial Register. - Notarial Register refers to a

SEC. 2. Purposes. - These Rules shall be applied and

permanently bound book with numbered pages containing

construed to advance the following purposes:

a chronological record of notarial acts performed by a

(a) to promote, serve, and protect public interest; chan

notary public. chan robles virtual law library

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SEC. 6. Jurat. - Jurat refers to an act in which an

(b) to simplify, clarify, and modernize the rules governing

individual on a single occasion:chanroblesvirtuallawlibrary

notaries public; and

(a) appears in person before the notary public and

(c) to foster ethical conduct among notaries public. chan

presents an instrument or document;

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(b) is personally known to the notary public or identified

SEC. 3. Interpretation. - Unless the context of these Rules

by the notary public through competent evidence of

otherwise indicates, words in the singular include the

identity as defined by these Rules; chan robles virtual law

plural, and words in the plural include the singular.

library

RULE II

(c) signs the instrument or document in the presence of

DEFINITIONS

the notary; and

SECTION 1. Acknowledgment. - Acknowledgment refers

(d) takes an oath or affirmation before the notary public as

to an act in which an individual on a single

to such instrument or document.

occasion:chanroblesvirtuallawlibrary

SEC. 7. Notarial Act and Notarization. - Notarial Act and

(a) appears in person before the notary public and

Notarization refer to any act that a notary public is

presents an integrally complete instrument or document;

empowered to perform under these Rules.

chan robles virtual law library

SEC. 8. Notarial Certificate. - Notarial Certificate refers

(b) is attested to be personally known to the notary public

to the part of, or attachment to, a notarized instrument or

or identified by the notary public through competent

document that is completed by the notary public, bears

evidence of identity as defined by these Rules; and -

the notary's signature and seal, and states the facts

chan robles virtual law library

attested to by the notary public in a particular notarization

(c) represents to the notary public that the signature on

as provided for by these Rules.chan robles virtual law

the instrument or document was voluntarily affixed by him

library

for the purposes stated in the instrument or document,

SEC. 9. Notary Public and Notary. - Notary Public and

declares that he has executed the instrument or document

Notary refer to any person commissioned to perform

as his free and voluntary act and deed, and, if he acts in a

official acts under these Rules.cralaw

particular representative capacity, that he has the

SEC. 10. Principal. - Principal refers to a person

authority to sign in that capacity.

appearing before the notary public whose act is the

SEC. 2. Affirmation or Oath. - The term Affirmation or

subject of notarization. chan robles virtual law library

Oath refers to an act in which an individual on a single

SEC. 11. Regular Place of Work or Business. - The term

occasion: chan robles virtual law library

regular place of work or business refers to a stationary

(a) appears in person before the notary public; chan

office in the city or province wherein the notary public

robles virtual law library

renders legal and notarial services. chan robles virtual law

(b) is personally known to the notary public or identified

library

by the notary public through competent evidence of

SEC. 12. Competent Evidence of Identity. - The phrase

identity as defined by these Rules; and chan robles virtual

competent evidence of identity refers to the

law library

identification of an individual based

on:chanroblesvirtuallawlibrary

(a) at least one current identification document issued by

issued; chan robles virtual law library

an official agency bearing the photograph and signature of

(4) must be a member of the Philippine Bar in good

the individual; or chan robles virtual law library

standing with clearances from the Office of the Bar

(b) the oath or affirmation of one credible witness not

Confidant of the Supreme Court and the Integrated Bar of

privy to the instrument, document or transaction who is

the Philippines; and

personally known to the notary public and who personally

(5) must not have been convicted in the first instance of

knows the individual, or of two credible witnesses neither

any crime involving moral turpitude.

of whom is privy to the instrument, document or

SEC. 2. Form of the Petition and Supporting Documents. -

transaction who each personally knows the individual and

Every petition for a notarial commission shall be in writing,

shows to the notary public documentary identification.

verified, and shall include the

SEC. 13. Official Seal or Seal. - Official seal or Seal

following:chanroblesvirtuallawlibrary

refers to a device for affixing a mark, image or impression

(a) a statement containing the petitioner's personal

on all papers officially signed by the notary public

qualifications, including the petitioner's date of birth,

conforming the requisites prescribed by these Rules.

residence, telephone number, professional tax receipt, roll

SEC. 14. Signature Witnessing. - The term signature

of attorney's number and IBP membership number;

witnessing refers to a notarial act in which an individual

on a single occasion: chan robles virtual law library

(b) certification of good moral character of the petitioner

(a) appears in person before the notary public and

by at least two (2) executive officers of the local chapter of

presents an instrument or document;

the Integrated Bar of the Philippines where he is applying

(b) is personally known to the notary public or identified

for commission;

by the notary public through competent evidence of

identity as defined by these Rules; and chan robles virtual

(c) proof of payment for the filing of the petition as

law library

required by these Rules; and

(c) signs the instrument or document in the presence of

the notary public.

(d) three (3) passport-size color photographs with light

SEC. 15. Court. - Court refers to the Supreme Court of

background taken within thirty (30) days of the

the Philippines.

application. The photograph should not be retouched. The

SEC. 16. Petitioner. - Petitioner refers to a person who

petitioner shall sign his name at the bottom part of the

applies for a notarial commission.cralaw

photographs.

SEC. 17. Office of the Court Administrator. - Office of the

SEC. 3. Application Fee. - Every petitioner for a notarial

Court Administrator refers to the Office of the Court

commission shall pay the application fee as prescribed in

Administrator of the Supreme Court.cralaw

the Rules of Court. chan robles virtual law library

SEC. 18. Executive Judge. - Executive Judge refers to the

SEC. 4. Summary Hearing on the Petition. - The Executive

Executive Judge of the Regional Trial Court of a city or

Judge shall conduct a summary hearing on the petition

province who issues a notarial commission.cralaw

and shall grant the same if:chanroblesvirtuallawlibrary

SEC. 19. Vendor. - Vendor under these Rules refers to a

(a) the petition is sufficient in form and substance;

seller of a notarial seal and shall include a wholesaler or

(b) the petitioner proves the allegations contained in the

retailer. chan robles virtual law library

petition; and

SEC. 20. Manufacturer. - Manufacturer under these

(c) the petitioner establishes to the satisfaction of the

Rules refers to one who produces a notarial seal and shall

Executive Judge that he has read and fully understood

include an engraver and seal maker. chan robles virtual

these Rules.

law library

The Executive Judge shall forthwith issue a commission

RULE III

and a Certificate of Authorization to Purchase a Notarial

COMMISSIONING OF NOTARY PUBLIC

Seal in favor of the petitioner. chan robles virtual law

SECTION 1. Qualifications. - A notarial commission may be

library

issued by an Executive Judge to any qualified person who

SEC. 5. Notice of Summary Hearing. -

submits a petition in accordance with these Rules. chan

(a) The notice of summary hearing shall be published in a

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newspaper of general circulation in the city or province

To be eligible for commissioning as notary public, the

where the hearing shall be conducted and posted in a

petitioner:chanroblesvirtuallawlibrary

conspicuous place in the offices of the Executive Judge

(1) must be a citizen of the Philippines; chan robles virtual

and of the Clerk of Court. The cost of the publication shall

law library

be borne by the petitioner. The notice may include more

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

than one petitioner.

robles virtual law library

(3) must be a resident in the Philippines for at least one

(b) The notice shall be substantially in the following

(1) year and maintains a regular place of work or business

form:chanroblesvirtuallawlibrary

in the city or province where the commission is to be

NOTICE OF HEARING

Notice is hereby given that a summary hearing on

seal.chanrobles virtual law library chan robles virtual

the petition for notarial commission of (name of

law library

petitioner) shall be held on (date) at (place) at

Issued this (day) of (month) (year).

(time). Any person who has any cause or reason to

________________________

object to the grant of the petition may file a verified

Executive Judge

written opposition thereto, received by the

undersigned before the date of the summary

SEC. 10. Official Seal of Notary Public. - Every person

hearing.chanrobles virtual law library chan robles

commissioned as notary public shall have only one official

virtual law library

seal of office in accordance with these Rules.

_____________________

SEC. 11. Jurisdiction and Term. - A person commissioned

Executive Judge

as notary public may perform notarial acts in any place

SEC. 6. Opposition to Petition. - Any person who has any

within the territorial jurisdiction of the commissioning

cause or reason to object to the grant of the petition may

court for a period of two (2) years commencing the first

file a verified written opposition thereto. The opposition

day of January of the year in which the commissioning is

must be received by the Executive Judge before the date

made, unless earlier revoked or the notary public has

of the summary hearing. chan robles virtual law library

resigned under these Rules and the Rules of Court. chan

SEC. 7. Form of Notarial Commission. - The commissioning

robles virtual law library

of a notary public shall be in a formal order signed by the

SEC. 12. Register of Notaries Public. - The Executive Judge

Executive Judge substantially in the following

shall keep and maintain a Register of Notaries Public in his

form:chanroblesvirtuallawlibrary

jurisdiction which shall contain, among others, the dates

REPUBLIC OF THE PHILIPPINES

of issuance or revocation or suspension of notarial

REGIONAL TRIAL COURT OF ______________

commissions, and the resignation or death of notaries

This is to certify that (name of notary public) of

public. The Executive Judge shall furnish the Office of the

(regular place of work or business) in (city or

Court Administrator information and data recorded in the

province) was on this (date) day of (month) two

register of notaries public. The Office of the Court

thousand and (year) commissioned by the

Administrator shall keep a permanent, complete and

undersigned as a notary public, within and for the

updated database of such records. chan robles virtual law

said jurisdiction, for a term ending the thirty-first

library

day of December (year) chan robles virtual law library

SEC. 13. Renewal of Commission. - A notary public may

________________________

file a written application with the Executive Judge for the

Executive Judge

renewal of his commission within forty-five (45) days

SEC. 8. Period Of Validity of Certificate of Authorization to

before the expiration thereof. A mark, image or impression

Purchase a Notarial Seal. - The Certificate of Authorization

of the seal of the notary public shall be attached to the

to Purchase a Notarial Seal shall be valid for a period of

application.cralaw

three (3) months from date of issue, unless extended by

Failure to file said application will result in the deletion of

the Executive Judge.

the name of the notary public in the register of notaries

A mark, image or impression of the seal that may be

public.cralaw

purchased by the notary public pursuant to the Certificate

The notary public thus removed from the Register of

shall be presented to the Executive Judge for approval

Notaries Public may only be reinstated therein after he is

prior to use.cralaw

issued a new commission in accordance with these

SEC. 9. Form of Certificate of Authorization to Purchase a

Rules. chan robles virtual law library

Notarial Seal. - The Certificate of Authorization to Purchase

SEC. 14. Action on Application for Renewal of Commission.

a Notarial Seal shall substantially be in the following

- The Executive Judge shall, upon payment of the

form:chanroblesvirtuallawlibrary

application fee mentioned in Section 3 above of this Rule,

act on an application for the renewal of a commission

REPUBLIC OF THE PHILIPPINES

within thirty (30) days from receipt thereof. If the

REGIONAL TRIAL COURT OF_____________ chan robles

application is denied, the Executive Judge shall state the

virtual law library

reasons therefor.cralaw

CERTIFICATE OF AUTHORIZATION

RULE IV

TO PURCHASE A NOTARIAL SEAL chan robles virtual

POWERS AND LIMITATIONS OF NOTARIES PUBLIC

law library

SECTION 1. Powers. - (a) A notary public is empowered to

This is to authorize (name of notary public) of (city

perform the following notarial

or province) who was commissioned by the

acts:chanroblesvirtuallawlibrary

undersigned as a notary public, within and for the

(1) acknowledgments;

said jurisdiction, for a term ending, the thirty-first

(2) oaths and affirmations;

of December (year) to purchase a notarial

(3) jurats; chan robles virtual law library

(4) signature witnessings;

(5) copy certifications; and

competent evidence of identity as defined by these

(6) any other act authorized by these Rules.

Rules.chan robles virtual law library

(b) A notary public is authorized to certify the affixing of a

SEC. 3. Disqualifications. - A notary public is disqualified

signature by thumb or other mark on an instrument or

from performing a notarial act if

document presented for notarization

he:chanroblesvirtuallawlibrary

if:chanroblesvirtuallawlibrary

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

(1) the thumb or other mark is affixed in the presence of

notarized; chan robles virtual law library

the notary public and of two (2) disinterested and

(b) will receive, as a direct or indirect result, any

unaffected witnesses to the instrument or document;

commission, fee, advantage, right, title, interest, cash,

(2) both witnesses sign their own names in addition to the

property, or other consideration, except as provided by

thumb or other mark;

these Rules and by law; or

(3) the notary public writes below the thumb or other

(c) is a spouse, common-law partner, ancestor,

mark: "Thumb or Other Mark affixed by (name of signatory

descendant, or relative by affinity or consanguinity of the

by mark) in the presence of (names and addresses of

principal within the fourth civil degree. chan robles virtual

witnesses) and undersigned notary public"; and chan

law library

robles virtual law library

SEC. 4. Refusal to Notarize. - A notary public shall not

(4) the notary public notarizes the signature by thumb or

perform any notarial act described in these Rules for any

other mark through an acknowledgment, jurat, or

person requesting such an act even if he tenders the

signature witnessing.

appropriate fee specified by these Rules

(c) A notary public is authorized to sign on behalf of a

if:chanroblesvirtuallawlibrary

person who is physically unable to sign or make a mark on

(a) the notary knows or has good reason to believe that

an instrument or document if:chanroblesvirtuallawlibrary

the notarial act or transaction is unlawful or immoral;

(1) the notary public is directed by the person unable to

(b) the signatory shows a demeanor which engenders in

sign or make a mark to sign on his behalf;

the mind of the notary public reasonable doubt as to the

(2) the signature of the notary public is affixed in the

former's knowledge of the consequences of the

presence of two disinterested and unaffected witnesses to

transaction requiring a notarial act; and

the instrument or document;

(c) in the notary's judgment, the signatory is not acting of

(3) both witnesses sign their own names ;

his or her own free will.

(4) the notary public writes below his signature:

SEC. 5. False or Incomplete Certificate. - A notary public

Signature affixed by notary in presence of (names and

shall not: chan robles virtual law library

addresses of person and two [2] witnesses); and

(a) execute a certificate containing information known or

(5) the notary public notarizes his signature by

believed by the notary to be false.

acknowledgment or jurat.

(b) affix an official signature or seal on a notarial

SEC. 2. Prohibitions. - (a) A notary public shall not perform

certificate that is incomplete.chan robles virtual law library

a notarial act outside his regular place of work or

SEC. 6. Improper Instruments or Documents. - A notary

business; provided, however, that on certain exceptional

public shall not notarize:chanroblesvirtuallawlibrary

occasions or situations, a notarial act may be performed at

(a) a blank or incomplete instrument or document; or chan

the request of the parties in the following sites located

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within his territorial jurisdiction: chan robles virtual law

(b) an instrument or document without appropriate

library

notarial certification.

(1) public offices, convention halls, and similar places

RULE V

where oaths of office may be administered;

FEES OF NOTARY PUBLIC

(2) public function areas in hotels and similar places for

SECTION 1. Imposition and Waiver of Fees. - For

the signing of instruments or documents requiring

performing a notarial act, a notary public may charge the

notarization;

maximum fee as prescribed by the Supreme Court unless

(3) hospitals and other medical institutions where a party

he waives the fee in whole or in part.

to an instrument or document is confined for treatment;

chan robles virtual law library

and

SEC. 2. Travel Fees and Expenses. - A notary public may

(4) any place where a party to an instrument or document

charge travel fees and expenses separate and apart from

requiring notarization is under detention.

the notarial fees prescribed in the preceding section when

(b) A person shall not perform a notarial act if the person

traveling to perform a notarial act if the notary public and

involved as signatory to the instrument or document -

the person requesting the notarial act agree prior to the

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

travel.cralaw

of the notarization; and

SEC. 3. Prohibited Fees. No fee or compensation of any

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

kind, except those expressly prescribed and allowed

otherwise identified by the notary public through

herein, shall be collected or received for any notarial

service.cralaw

SEC. 4. Payment or Refund of Fees. - A notary public shall

(9) the address where the notarization was performed if

not require payment of any fees specified herein prior to

not in the notary's regular place of work or business; and

the performance of a notarial act unless otherwise agreed

(10) any other circumstance the notary public may deem

upon. chan robles virtual law library

of significance or relevance.

Any travel fees and expenses paid to a notary public prior

(b) A notary public shall record in the notarial register the

to the performance of a notarial act are not subject to

reasons and circumstances for not completing a notarial

refund if the notary public had already traveled but failed

act.

to complete in whole or in part the notarial act for reasons

(c) A notary public shall record in the notarial register the

beyond his control and without negligence on his

circumstances of any request to inspect or copy an entry

part.cralaw

in the notarial register, including the requester's name,

SEC. 5. Notice of Fees. - A notary public who charges a fee

address, signature, thumbmark or other recognized

for notarial services shall issue a receipt registered with

identifier, and evidence of identity. The reasons for refusal

the Bureau of Internal Revenue and keep a journal of

to allow inspection or copying of a journal entry shall also

notarial fees. He shall enter in the journal all fees charged

be recorded.cralaw

for services rendered. chan robles virtual law library

(d) When the instrument or document is a contract, the

A notary public shall post in a conspicuous place in his

notary public shall keep an original copy thereof as part of

office a complete schedule of chargeable notarial

his records and enter in said records a brief description of

fees.cralaw

the substance thereof and shall give to each entry a

RULE VI

consecutive number, beginning with number one in each

NOTARIAL REGISTER

calendar year. He shall also retain a duplicate original

SECTION 1. Form of Notarial Register. - (a) A notary public

copy for the Clerk of Court.cralaw

shall keep, maintain, protect and provide for lawful

(e) The notary public shall give to each instrument or

inspection as provided in these Rules, a chronological

document executed, sworn to, or acknowledged before

official notarial register of notarial acts consisting of a

him a number corresponding to the one in his register, and

permanently bound book with numbered pages. chan

shall also state on the instrument or document the page/s

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of his register on which the same is recorded. No blank

The register shall be kept in books to be furnished by the

line shall be left between entries.cralaw

Solicitor General to any notary public upon request and

(f) In case of a protest of any draft, bill of exchange or

upon payment of the cost thereof. The register shall be

promissory note, the notary public shall make a full and

duly paged, and on the first page, the Solicitor General

true record of all proceedings in relation thereto and shall

shall certify the number of pages of which the book

note therein whether the demand for the sum of money

consists.cralaw

was made, by whom, when, and where; whether he

For purposes of this provision, a Memorandum of

presented such draft, bill or note; whether notices were

Agreement or Understanding may be entered into by the

given, to whom and in what manner; where the same was

Office of the Solicitor General and the Office of the Court

made, when and to whom and where directed; and of

Administrator. chan robles virtual law library

every other fact touching the same.cralaw

(b) A notary public shall keep only one active notarial

(g) At the end of each week, the notary public shall certify

register at any given time.cralaw

in his notarial register the number of instruments or

SEC. 2. Entries in the Notarial Register. - (a) For every

documents executed, sworn to, acknowledged, or

notarial act, the notary shall record in the notarial register

protested before him; or if none, this certificate shall show

at the time of notarization the following: chan robles

this fact.cralaw

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(h) A certified copy of each month's entries and a

(1) the entry number and page number; chan robles

duplicate original copy of any instrument acknowledged

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before the notary public shall, within the first ten (10) days

(2) the date and time of day of the notarial act;

of the month following, be forwarded to the Clerk of Court

(3) the type of notarial act; chan robles virtual law library

and shall be under the responsibility of such officer. If

(4) the title or description of the instrument, document or

there is no entry to certify for the month, the notary shall

proceeding;

forward a statement to this effect in lieu of certified copies

(5) the name and address of each principal; chan robles

herein required.cralaw

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SEC. 3. Signatures and Thumbmarks. - At the time of

(6) the competent evidence of identity as defined by these

notarization, the notary's notarial register shall be signed

Rules if the signatory is not

or a thumb or other mark affixed by

personally known to the notary; chan robles virtual law

each:chanroblesvirtuallawlibrary

library

(a) principal;

(7) the name and address of each credible witness

(b) credible witness swearing or affirming to the identity of

swearing to or affirming the person's identity;

a principal; and

(8) the fee charged for the notarial act;

(c) witness to a signature by thumb or other mark, or to a

signing by the notary public on behalf of a person

by any other person. It shall be of metal, circular in shape,

physically unable to sign.

two inches in diameter, and shall have the name of the

SEC. 4. Inspection, Copying and Disposal. - (a) In the

city or province and the word Philippines and his own

notary's presence, any person may inspect an entry in the

name on the margin and the roll of attorney's number on

notarial register, during regular business hours, provided;

the face thereof, with the words "notary public" across the

(1) the person's identity is personally known to the notary

center. A mark, image or impression of such seal shall be

public or proven through competent evidence of identity

made directly on the paper or parchment on which the

as defined in these Rules;

writing appears.

(2) the person affixes a signature and thumb or other

(b) The official seal shall be affixed only at the time the

mark or other recognized identifier, in the notarial register

notarial act is performed and shall be clearly impressed by

in a separate, dated entry;

the notary public on every page of the instrument or

(3) the person specifies the month, year, type of

document notarized. chan robles virtual law library

instrument or document, and name of the principal in the

(c) When not in use, the official seal shall be kept safe and

notarial act or acts sought; and

secure and shall be accessible only to the notary public or

(4) the person is shown only the entry or entries specified

the person duly authorized by him. chan robles virtual law

by him.

library

(b) The notarial register may be examined by a law

(d) Within five (5) days after the official seal of a notary

enforcement officer in the course of an official

public is stolen, lost, damaged or other otherwise

investigation or by virtue of a court order.

rendered unserviceable in affixing a legible image, the

(c) If the notary public has a reasonable ground to believe

notary public, after informing the appropriate law

that a person has a criminal intent or wrongful motive in

enforcement agency, shall notify the Executive Judge in

requesting information from the notarial register, the

writing, providing proper receipt or acknowledgment,

notary shall deny access to any entry or entries

including registered mail, and in the event of a crime

therein.cralaw

committed, provide a copy or entry number of the

SEC. 5. Loss, Destruction or Damage of Notarial Register. -

appropriate police record. Upon receipt of such notice, if

(a) In case the notarial register is stolen, lost, destroyed,

found in order by the Executive Judge, the latter shall

damaged, or otherwise rendered unusable or illegible as a

order the notary public to cause notice of such loss or

record of notarial acts, the notary public shall, within ten

damage to be published, once a week for three (3)

(10) days after informing the appropriate law enforcement

consecutive weeks, in a newspaper of general circulation

agency in the case of theft or vandalism, notify the

in the city or province where the notary public is

Executive Judge by any means providing a proper receipt

commissioned. Thereafter, the Executive Judge shall issue

or acknowledgment, including registered mail and also

to the notary public a new Certificate of Authorization to

provide a copy or number of any pertinent police

Purchase a Notarial Seal.cralaw

report.cralaw

(e) Within five (5) days after the death or resignation of

(b) Upon revocation or expiration of a notarial commission,

the notary public, or the revocation or expiration of a

or death of the notary public, the notarial register and

notarial commission, the official seal shall be surrendered

notarial records shall immediately be delivered to the

to the Executive Judge and shall be destroyed or defaced

office of the Executive Judge.cralaw

in public during office hours. In the event that the missing,

SEC. 6. Issuance of Certified True Copies. - The notary

lost or damaged seal is later found or surrendered, it shall

public shall supply a certified true copy of the notarial

be delivered by the notary public to the Executive Judge to

record, or any part thereof, to any person applying for

be disposed of in accordance with this section. Failure to

such copy upon payment of the legal fees.cralaw

effect such surrender shall constitute contempt of court. In

RULE VII

the event of death of the notary public, the person in

SIGNATURE AND SEAL OF NOTARY PUBLIC

possession of the official seal shall have the duty to

SECTION 1. Official Signature. In notarizing a paper

surrender it to the Executive Judge.cralaw

instrument or document, a notary public

SEC. 3. Seal Image. - The notary public shall affix a single,

shall:chanroblesvirtuallawlibrary

clear, legible, permanent, and photographically

(a) sign by hand on the notarial certificate only the name

reproducible mark, image or impression of the official seal

indicated and as appearing on the notary's

beside his signature on the notarial certificate of a paper

commission; chan robles virtual law library

instrument or document.cralaw

(b) not sign using a facsimile stamp or printing device;

SEC. 4. Obtaining and Providing Seal. - (a) A vendor or

and

manufacturer of notarial seals may not sell said product

(c) affix his official signature only at the time the notarial

without a written authorization from the Executive

act is performed.

Judge.cralaw

SEC. 2. Official Seal. - (a) Every person commissioned as

(b) Upon written application and after payment of the

notary public shall have a seal of office, to be procured at

application fee, the Executive Judge may issue an

his own expense, which shall not be possessed or owned

authorization to sell to a vendor or manufacturer of

notarial seals after verification and investigation of the

RULE IX

latter's qualifications. The Executive Judge shall charge an

CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

authorization fee in the amount of PhP 4,000 for the

SECTION 1. Certificate of Authority for a Notarial Act. - A

vendor and PhP 8,000 for the manufacturer. If a

certificate of authority evidencing the authenticity of the

manufacturer is also a vendor, he shall only pay the

official seal and signature of a notary public shall be

manufacturer's authorization fee.cralaw

issued by the Executive Judge upon request in

(c) The authorization shall be in effect for a period of four

substantially the following form: chan robles virtual law

(4) years from the date of its issuance and may be

library

renewed by the Executive Judge for a similar period upon

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

payment of the authorization fee mentioned in the

I, (name, title, jurisdiction of the Executive Judge),

preceding paragraph.cralaw

certify that (name of notary public), the person

(d) A vendor or manufacturer shall not sell a seal to a

named in the seal and signature on the attached

buyer except upon submission of a certified copy of the

document, is a Notary Public in and for the

commission and the Certificate of Authorization to

(City/Municipality/Province) of the Republic of the

Purchase a Notarial Seal issued by the Executive Judge. A

Philippines and authorized to act as such at the

notary public obtaining a new seal as a result of change of

time of the document's notarization.chanrobles

name shall present to the vendor or manufacturer a

virtual law librarychan robles virtual law library

certified copy of the Confirmation of the Change of Name

IN WITNESS WHEREOF, I have affixed below my

issued by the Executive Judge.cralaw

signature and seal of this office this (date) day of

(e) Only one seal may be sold by a vendor or

(month) (year).chanrobles virtual law library chan

manufacturer for each Certificate of Authorization to

robles virtual law library

Purchase a Notarial Seal.cralaw

_________________

(f) After the sale, the vendor or manufacturer shall affix a

(official signature)

mark, image or impression of the seal to the Certificate of

(seal of Executive Judge)

Authorization to Purchase a Notarial Seal and submit the

RULE X

completed Certificate to the Executive Judge. Copies of

CHANGES OF STATUS OF NOTARY PUBLIC

the Certificate of Authorization to Purchase a Notarial Seal

SECTION 1. Change of Name and Address. -

and the buyer's commission shall be kept in the files of the

Within ten (10) days after the change of name of the

vendor or manufacturer for four (4) years after the

notary public by court order or by marriage, or after

sale.cralaw

ceasing to maintain the regular place of work or business,

(g) A notary public obtaining a new seal as a result of

the notary public shall submit a signed and dated notice of

change of name shall present to the vendor a certified

such fact to the Executive Judge.

copy of the order confirming the change of name issued

by the Executive Judge.cralaw

The notary public shall not notarize

RULE VIII

until:chanroblesvirtuallawlibrary

NOTARIAL CERTIFICATES

(a) he receives from the Executive Judge a confirmation of

SECTION 1. Form of Notarial Certificate. - The notarial form

the new name of the notary public and/or change of

used for any notarial instrument or document shall

regular place of work or business; and

conform to all the requisites prescribed herein, the Rules

of Court and all other provisions of issuances by the

(b) a new seal bearing the new name has been obtained.

Supreme Court and in applicable laws. chan robles virtual

The foregoing notwithstanding, until the aforementioned

law library

steps have been completed, the notary public may

SEC. 2. Contents of the Concluding Part of the Notarial

continue to use the former name or regular place of work

Certificate. The notarial certificate shall include the

or business in performing notarial acts for three (3)

following:chanroblesvirtuallawlibrary

months from the date of the change, which may be

(a) the name of the notary public as exactly indicated in

extended once for valid and just cause by the Executive

the commission;

Judge for another period not exceeding three (3) months.

(b) the serial number of the commission of the notary

SEC. 2. Resignation. - A notary public may resign his

public;

commission by personally submitting a written, dated and

(c) the words "Notary Public" and the province or city

signed formal notice to the Executive Judge together with

where the notary public is commissioned, the expiration

his notarial seal, notarial register and records. Effective

date of the commission, the office address of the notary

from the date indicated in the notice, he shall immediately

public; and

cease to perform notarial acts. In the event of his

(d) the roll of attorney's number, the professional tax

incapacity to personally appear, the submission of the

receipt number and the place and date of issuance

notice may be performed by his duly authorized

thereof, and the IBP membership number.

representative.cralaw

SEC. 3. Publication of Resignation. - The Executive Judge

subject to the procedures prescribed in paragraph (c)

shall immediately order the Clerk of Court to post in a

above and impose the appropriate administrative

conspicuous place in the offices of the Executive Judge

sanctions on the grounds mentioned in the preceding

and of the Clerk of Court the names of notaries public who

paragraphs (a) and (b).cralaw

have resigned their notarial commissions and the effective

SEC. 2. Supervision and Monitoring of Notaries Public. -

dates of their resignation.cralaw

The Executive Judge shall at all times exercise supervision

RULE XI

over notaries public and shall closely monitor their

REVOCATION OF COMMISSION AND DISCIPLINARY

activities. chan robles virtual law library

SANCTIONS

SEC. 3. Publication of Revocations and Administrative

SECTION 1. Revocation and Administrative Sanctions. - (a)

Sanctions. - The Executive Judge shall immediately order

The Executive Judge shall revoke a notarial commission for

the Clerk of Court to post in a conspicuous place in the

any ground on which an application for a commission may

offices of the Executive Judge and of the Clerk of Court the

be denied. chan robles virtual law library

names of notaries public who have been administratively

(b) In addition, the Executive Judge may revoke the

sanctioned or whose notarial commissions have been

commission of, or impose appropriate administrative

revoked.cralaw

sanctions upon, any notary public

SEC. 4. Death of Notary Public. - If a notary public dies

who:chanroblesvirtuallawlibrary

before fulfilling the obligations in Section 4(e), Rule VI and

(1) fails to keep a notarial register;

Section 2(e), Rule VII, the Executive Judge, upon being

(2) fails to make the proper entry or entries in his notarial

notified of such death, shall forthwith cause compliance

register concerning his notarial acts;

with the provisions of these sections. chan robles virtual

(3) fails to send the copy of the entries to the Executive

law library

Judge within the first ten (10) days of the month

RULE XII

following;

SPECIAL PROVISIONS

(4) fails to affix to acknowledgments the date of expiration

SECTION 1. Punishable Acts. - The Executive Judge shall

of his commission;

cause the prosecution of any person

(5) fails to submit his notarial register, when filled, to the

who:chanroblesvirtuallawlibrary

Executive Judge;

(a) knowingly acts or otherwise impersonates a notary

(6) fails to make his report, within a reasonable time, to

public; chan robles virtual law library

the Executive Judge concerning the performance of his

(b) knowingly obtains, conceals, defaces, or destroys the

duties, as may be required by the judge;

seal, notarial register, or official records of a notary public;

(7) fails to require the presence of a principal at the time

and

of the notarial act;

(c) knowingly solicits, coerces, or in any way influences a

(8) fails to identify a principal on the basis of personal

notary public to commit official misconduct.

knowledge or competent evidence;

SEC 2. Reports to the Supreme Court. - The Executive

(9) executes a false or incomplete certificate under

Judge concerned shall submit semestral reports to the

Section 5, Rule IV;

Supreme Court on discipline and prosecution of notaries

(10) knowingly performs or fails to perform any other act

public.

prohibited or mandated by these Rules; and

RULE XIII

(11) commits any other dereliction or act which in the

REPEALING AND EFFECTIVITY PROVISIONS

judgment of the Executive Judge constitutes good cause

SECTION 1. Repeal. - All rules and parts of rules, including

for revocation of commission or imposition of

issuances of the Supreme Court inconsistent herewith, are

administrative sanction.

hereby repealed or accordingly modified. chan robles

(c) Upon verified complaint by an interested, affected or

virtual law library

aggrieved person, the notary public shall be required to

SEC. 2. Effective Date. - These Rules shall take effect on

file a verified answer to the complaint. If the answer of

the first day of August 2004, and shall be published in a

the notary public is not satisfactory, the Executive Judge

newspaper of general circulation in the Philippines which

shall conduct a summary hearing. If the allegations of the

provides sufficiently wide circulation.

complaint are not proven, the complaint shall be

Promulgated this 6th day of July, 2004. chan robles virtual

dismissed. If the charges are duly established, the

law library
Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing,
Ynarez-Santiago, Sandoval-Gutierrez, Carpio, AustriaMartinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and
Tinga, JJ.cral

Executive Judge shall impose the appropriate

administrative sanctions. In either case, the aggrieved
party may appeal the decision to the Supreme Court for
review. Pending the appeal, an order imposing disciplinary
sanctions shall be immediately executory, unless
otherwise ordered by the Supreme Court.
(d) The Executive Judge may motu proprio initiate
administrative proceedings against a notary public,

B.M. No. 1922

June 3, 2008

RE. NUMBER AND DATE OF MCLE CERTIFICATE OF

COMPLETION/EXEMPTION REQUIRED IN ALL
PLEADINGS/MOTIONS.
Sirs/Mesdames:
Quoted hereunder, for your information is a resolution of
the Court En Banc dated June 3, 2008
"Bar Matter No. 1922. Re: Recommendation of the
Mandatory Continuing Legal Education (MCLE) Board to
Indicate in All Pleadings Filed with the Courts the Counsels
MCLE Certificate of Compliance or Certificate of
Exemption. The Court Resolved to NOTE the Letter,
dated May 2, 2008, of Associate Justice Antonio Eduardo
B. Nachura, Chairperson, Committee on Legal Education
and Bar Matters, informing the Court of the diminishing
interest of the members of the Bar in the MCLE
requirement program.
The Court further Resolved, upon the recommendation of
the Committee on Legal Education and Bar Matters,
to REQUIRE practicing members of the bar
to INDICATE in all pleadings filed before the courts or
quasi-judicial bodies, the number and date of issue of their
MCLE Certificate of Compliance or Certificate of
Exemption, as may be applicable, for the immediately
preceding compliance period.Failure to disclose the
required information would cause the dismissal of
the case and the expunction of the pleadings from
the records.
B.M. No. 850

August 22, 2000

MANDATORY CONTINUING LEGAL EDUCATION

(MCLE)
ADOPTING THE RULES ON MANDATORY CONTINUING
LEGAL EDUCATION FOR MEMBERS OF THE
INTEGRATED BAR OF THE PHILIPPINES
EN BANC
RESOLUTION
Considering the Rules on Mandatory Continuing Legal
Education (MCLE) for members of the Integrated Bar of
the Philippines (IBP), recommended by the IBP, endorsed
by the Philippine Judicial Academy, and reviewed and
passed upon by the Supreme Court Committee on Legal
Education, the Court hereby resolves to adopt, as it
hereby adopts, the following rules for proper
implementation:
RULE 1
PURPOSE
Section 1. Purpose of the MCLE
Continuing legal education is required of members of the
Integrated Bar of the Philippines (IBP) to ensure that
throughout their career, they keep abreast with law and
jurisprudence, maintain the ethics of the profession and
enhance the standards of the practice of law.
RULE 2
MANDATORY CONTINUING LEGAL EDUCATION
Section 1. Constitution of the MCLE Committee
Within two (2) months from the approval of these Rules by
the Supreme Court En Banc, the MCLE Committee shall be
constituted in accordance with these Rules.
Section 2. Requirements of completion of MCLE

Members of the IBP not exempt under Rule 7 shall

complete, every three (3) years, at least thirty-six (36)
hours of continuing legal education activities approved by
the MCLE Committee. Of the 36 hours:
(a) At least six (6) hours shall be devoted to legal
ethics.
(b) At least (4) hours shall be devoted to trial and
pretrial skills.
(c) At least five (5) hours shall be devoted to
alternative dispute resolution.
(d) At least nine (9) hours shall be devoted to
updates on substantive and procedural laws, and
jurisprudence.
(e) At least four (4) hours shall be devoted to legal
writing and oral advocacy.
(f) At least two (2) hours shall be devoted to
international law and international conventions.
(g) The remaining six (6) hours shall be devoted
to such subjects as may be prescribed by the
MCLE Committee.
RULE 3
COMPLIANCE PERIOD
Section 1. Initial compliance period
The initial compliance period shall begin not later than
three (3) months from the constitution of the MCLE
Committee. Except for the initial compliance period for
members admitted or readmitted after the establishment
of the program, all compliance periods shall be for thirtysix (36) months and shall begin the day after the end of
the previous compliance period.
Section 2. Compliance Group 1.
Members in the National Capital Region (NCR) or Metro
Manila shall be permanently assigned to Compliance
Group 1.
Section 3. Compliance Group 2.
Members in Luzon outside NCR shall be permanently
assigned to Compliance Group 2.
Section 4. Compliance Group 3.
Members in Visayas and Mindanao shall be permanently
assigned to Compliance Group 3.
Section 5. Compliance period for members admitted or
readmitted after establishment of the program.
Members admitted or readmitted to the Bar after the
establishment of the program shall be permanently
assigned to the appropriate Compliance Group based on
their Chapter membership on the date of admission or
readmission.
The initial compliance period after admission or
readmission shall begin on the first day of the month of
admission or readmission and shall end on the same day
as that of all other members in the same Compliance
Group.

(a) Where four (4) months or less remain of the

initial compliance period after admission or
readmission, the member is not required to
comply with the program requirement for the
initial compliance.
(b) Where more than four (4) months remain of
the initial compliance period after admission or
readmission, the member shall be required to
complete a number of hours of approved
continuing legal education activities equal to the
number of months remaining in the compliance
period in which the member is admitted or
readmitted. Such member shall be required to
complete a number of hours of education in legal
ethics in proportion to the number of months
remaining in the compliance period. Fractions of
hours shall be rounded up to the next whole
number.
RULE 4
COMPUTATION OF CREDIT UNITS
Section 1. Guidelines
The following are the guidelines for computation of credit
units (CU):
PROGRAMS CREDIT UNITS SUPPORTING
DOCUMENTS
1. SEMINARS, CONVENTIONS, CONFERENCES,
SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS,
WORKSHOPS, DIALOGUES, ROUND TABLE
DISCUSSIONS BY APPROVED PROVIDERS UNDER
RULE 7 AND OTHER RELATED RULES
1.1 PARTICIPANT 1 CU PER HOUR
CERTIFICATE OF ATTENDANCE WITH
NUMBER OF HOURS
1.2 LECTURER 5 CU PER HOUR
PHOTOCOPY OF PLAQUE OR SPONSOR'S
CERTIFICATION
1.3 RESOURCE 3 CU PER HOUR
PHOTOCOPY OF PLAQUE OR SPONSOR'S
SPEAKER CERTIFICATION
1.4 ASSIGNED 2 CU PER HOUR
CERTIFICATION FROM SPONSORING
PENALIST/ ORGANIZATION
REACTOR/COMMENTATOR
1.5 MODERATOR/ 2 CU PER HOUR
CERTIFICATION FROM SPONSORING
COORDINATOR/ ORGANIZATION
FACILITATOR
2. AUTHORSHIP, EDITING AND REVIEW
2.1 RESEARCH/ 5-10 CREDIT UNITS DULY
CERTIFIED/PUBLISHED INNOVATIVE
TECHNICAL REPORT/PAPER
PROGRAM/CREATIVE PROJECT
2.2 BOOK 50-100 PP 101+ PUBLISHED
BOOK SINGLE AUTHOR 12-16 CU 17-20
CU
2 AUTHORS 10-12 CU 13-16 CU
3 OR MORE 5-6 CU 7-11 CU

2.3 BOOK EDITOR 1/2 OF THE CU OF

PUBLISHED BOOK WITH PROOF
AUTHORSHIP AS EDITOR CATEGORY
2.4 LEGAL ARTICLE 5-10 PP 11+
PUBLISHED ARTICLE SINGLE AUTHOR 6
CU 8 CU
2 AUTHORS 4 CU 6 CU
3 OR MORE 2 CU 4 CU
2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED
NEWSLETTER/JOURNAL NEWSLETTER/LAW
JOURNAL EDITOR
3. PROFESSIONAL 6 CU PER CHAIR CERTIFICATION
OF LAW DEAN CHAIR/BAR 1 CU PER LECTURE OR
BAR REVIEW DIRECTOR REVIEW/ HOUR
LECTURE/LAW TEACHING
Section 2. Limitation on certain credit units
In numbers 2 and 3 of the guidelines in the preceding
Section, the total maximum credit units shall not exceed
twenty (20) hours per three (3) years.
RULE 5
CATEGORIES OF CREDIT
Section 1. Classes of credits
The credits are either participatory or non-participatory.
Section 2. Claim for participatory credit
Participatory credit may be claimed for:
(a) Attending approved education activities like
seminars, conferences, symposia, in-house
education programs, workshops, dialogues or
round table discussions.
(b) Speaking or lecturing, or acting as assigned
panelist, reactor, commentator, resource speaker,
moderator, coordinator or facilitator in approved
education activities.
(c) Teaching in a law school or lecturing in a bar
review class.
Section 3. Claim for non-participatory credit
Non-participatory credit may be claimed per compliance
period for:
(a) Preparing, as an author or co-author, written
materials published or accepted for publication,
e.g., in the form of an article, chapter, book, or
book review which contribute to the legal
education of the author member, which were not
prepared in the ordinary course of the member's
practice or employment.
(b) Editing a law book, law journal or legal
newsletter.
RULE 6
COMPUTATION OF CREDIT HOURS
Section 1. Computation of credit hours

Credit hours are computed based on actual time spent in

an activity (actual instruction or speaking time), in hours
to the nearest one-quarter hour.
RULE 7
EXEMPTIONS
Section 1. Parties exempted from the MCLE
The following members of the Bar are exempt from the
MCLE requirement:
(a) The President and the Vice President of the
Philippines, and the Secretaries and
Undersecretaries of Executives Departments;
(b) Senators and Members of the House of
Representatives;
(c) The Chief Justice and Associate Justices of the
Supreme Court, incumbent and retired members
of the judiciary, incumbent members of the
Judicial and Bar Council and incumbent court
lawyers covered by the Philippine Judicial
Academy program of continuing judicial
education;

A member may file a verified request setting forth good

cause for exemption (such as physical disability, illness,
post graduate study abroad, proven expertise in law, etc.)
from compliance with or modification of any of the
requirements, including an extension of time for
compliance, in accordance with a procedure to be
established by the MCLE Committee.
Section 4. Change of status
The compliance period shall begin on the first day of the
month in which a member ceases to be exempt under
Sections 1, 2, or 3 of this Rule and shall end on the same
day as that of all other members in the same Compliance
Group.
Section 5. Proof of exemption
Applications for exemption from or modification of the
MCLE requirement shall be under oath and supported by
documents.
RULE 8
STANDARDS FOR APPROVAL OF EDUCATION
ACTIVITIES
Section 1. Approval of MCLE program

(d) The Chief State Counsel, Chief State

Prosecutor and Assistant Secretaries of the
Department of Justice;
(e) The Solicitor General and the Assistant
Solicitor General;
(f) The Government Corporate Counsel, Deputy
and Assistant Government Corporate Counsel;
(g) The Chairmen and Members of the
Constitutional Commissions;
(h) The Ombudsman, the Overall Deputy
Ombudsman, the Deputy Ombudsmen and the
Special Prosecutor of the Office of the
Ombudsman;
(i) Heads of government agencies exercising
quasi-judicial functions;
(j) Incumbent deans, bar reviews and professors
of law who have teaching experience for at least
10 years accredited law schools;
(k) The Chancellor, Vice-Chancellor and members
of the Corps of Professors and Professorial
Lectures of the Philippine Judicial Academy; and
(l) Governors and Mayors.
Section 2. Other parties exempted from the MCLE
The following Members of the Bar are likewise exempt:
(a) Those who are not in law practice, private or
public.
(b) Those who have retired from law practice with
the approval of the IBP Board of Governors.
Section 3. Good cause for exemption from or
modification of requirement

Subject to the rules as may be adopted by the MCLE

Committee, continuing legal education program may be
granted approval in either of two (2) ways: (1) the provider
of the activity is an approved provider and certifies that
the activity meets the criteria of Section 3 of this Rules;
and (2) the provider is specially mandated by law to
provide continuing legal education.
Section 2. Standards for all education activities
All continuing legal education activities must meet the
following standards:
(a) The activity shall have significant current
intellectual or practical content.
(b) The activity shall constitute an organized
program of learning related to legal subjects and
the legal profession, including cross profession
activities (e.g., accounting-tax or medical-legal)
that enhance legal skills or the ability to practice
law, as well as subjects in legal writing and oral
advocacy.
(c) The activity shall be conducted by a provider
with adequate professional experience.
(d) Where the activity is more than one (1) hour in
length, substantive written materials must be
distributed to all participants. Such materials
must be distributed at or before the time the
activity is offered.
(e) In-house education activities must be
scheduled at a time and location so as to be free
from interruption like telephone calls and other
distractions.
RULE 9
APPROVAL OF PROVIDERS
Section 1. Approval of providers

Approval of providers shall be done by the MCLE

Committee.
Section 2. Requirements for approval of providers
Any persons or group may be approved as a provider for a
term of two (2) years, which may be renewed, upon
written application. All providers of continuing legal
education activities, including in-house providers, are
eligible to be approved providers. Application for approval
shall:

(g) Any person or group who conducts an

unauthorized activity under this program or issues
a spurious certificate in violation of these Rules
shall be subject to appropriate sanctions.
Section 4. Renewal of provider approval
The approval of a provider may be renewed every two (2)
years. It may be denied if the provider fails to comply with
any of the requirements of these Rules or fails to provide
satisfactory education activities for the preceding period.

(a) Be submitted on a form provided by the IBP;

Section 5. Revocation of provider approval

(b) Contain all information requested on the form;

The approval of any provider referred to in Rule 9 may be

revoked by a majority vote of the IBP Board of Governors,
upon recommendation of the MCLE Committee, after
notice and hearing and for good cause.

(c) Be accompanied by the approval fee;

Section 3. Requirements of all providers
All approved providers shall agree to the following:
(a) An official record verifying the attendance at
the activity shall be maintained by the provider
for at least four (4) years after the completion
date. The provider shall include the member on
the official record of attendance only if the
member's signature was obtained at the time of
attendance at the activity. The official record of
attendance shall contain the member's name and
number in the Roll of Attorneys and shall identify
the time, date, location, subject matter, and
length of the education activity. A copy of such
record shall be furnished the IBP.
(b) The provider shall certify that:
(1) This activity has been approved for
MCLE by the IBP in the amount of ________
hours of which hours will apply in (legal
ethics, etc.), as appropriate to the
content of the activity;
(2) The activity conforms to the standards
for approved education activities
prescribed by these Rules and such
regulations as may be prescribed by the
IBP pertaining to MCLE.
(c) The provider shall issue a record or certificate
to all participants identifying the time, date,
location, subject matter and length of the activity.
(d) The provider shall allow in-person observation
of all approved continuing legal education
activities by members of the IBP Board of
Governors, the MCLE Committee, or designees of
the Committee and IBP staff for purposes of
monitoring compliance with these Rules.
(e) The provider shall indicate in promotional
materials, the nature of the activity, the time
devoted to each devoted to each topic and
identify of the instructors. The provider shall make
available to each participant a copy of IBPapproved Education Activity Evaluation Form.
(f) The provider shall maintain the completed
Education Activity Evaluation Forms for a period of
not less than one (1) year after the activity, copy
furnished the IBP.

RULE 10
ACTIVITY AND PROVIDER APPROVAL FEE
Section 1. Payment of fees
Application for approval of an education activity or as a
provider requires payment of an appropriate fee.
RULE 11
GENERAL COMPLIANCE PROCEDURES
Section 1. Compliance card
Each member shall secure from the MCLE Committee a
Compliance Card before the end of his compliance period.
He shall complete the card by attesting under oath that he
has complied with the education requirement or that he is
exempt, specifying the nature of the exemption. Such
Compliance Card must be returned to the address
indicated therein not later than the day after the end of
the member's compliance period.
Section 2. Member record keeping requirement
Each member shall maintain sufficient record of
compliance or exemption, copy furnished the MCLE
Committee. The record required to be provided to the
members by the provider pursuant to Section 3(c) of Rule
9 should be sufficient record of attendance at a
participatory activity. A record of non-participatory activity
shall also be maintained by the member, as referred to in
Section 3 of Rule 5.
RULE 12
NON-COMPLIANCE PROCEDURES
Section 1. What constitutes non-compliance
The following shall constitute non-compliance
(a) Failure to complete the education requirement
within the compliance period;
(b) Failure to provide attestation of compliance or
exemption;
(c) Failure to provide satisfactory evidence of
compliance (including evidence of exempt status)
within the prescribed period;
(d) Failure to satisfy the education requirement
and furnish evidence of such compliance within

sixty (60) days from receipt of a non-compliance

notice;
(e) Any other act or omission analogous to any of
the foregoing or intended to circumvent or evade
compliance with the MCLE requirements.
Section 2. Non-compliance notice and 60-day period to
attain compliance
A member failing to comply will receive a Non-Compliance
Notice stating the specific deficiency and will be given
sixty (60) days from the date of notification to explain the
deficiency or otherwise show compliance with the
requirements. Such notice shall contain, among other
things, the following language in capital letters:
YOUR FAILURE TO PROVIDE ADEQUATE
JUSTIFICATION FOR NON-COMPLIANCE OR PROOF
OF COMPLIANCE WITH THE MCLE REQUIREMENT
BY (INSERT DATE 60 DAYS FROM THE DATE OF
NOTICE), SHALL BE A CAUSE FOR LISTING AS A
DELINQUENT MEMBER.
The Member may use this period to attain the adequate
number of credit hours for compliance. Credit hours
earned during this period may only be counted toward
compliance with the prior compliance period requirement
unless hours in excess of the requirement are earned, in
which case, the excess hours may be counted toward
meeting the current compliance period
requirement.lawphil.net
RULE 13
CONSEQUENCES OF NON-COMPLIANCE
Section 1. Non-compliance fee

period of non-compliance during the period the member is

on inactive status. These credit hours may not be counted
toward meeting the current compliance period
requirement. Credit hours attained during the period of
non-compliance in excess of the number needed to satisfy
the prior compliance period requirement may be counted
toward meeting the current compliance period
requirement.lawphil.net
Section 2. Termination of delinquent listing
administrative process
The termination of listing as a delinquent member is
administrative in nature but it shall be made with notice
and hearing by the MCLE Committee.
RULE 15
MANDATORY CONTINUING LEGAL EDUCATION
COMMITTEE
Section 1. Composition
The MCLE Committee shall be composed of five (5)
members, namely: a retired Justice of the Supreme Court,
as Chair, and four (4) members, respectively, nominated
by the IBP, the Philippine Judicial Academy, a law center
designated by the Supreme Court and associations of law
schools and/or law professors.
The members of the Committee shall be of proven probity
and integrity. They shall be appointed by the Supreme
Court for a term of three (3) years and shall receive such
compensation as may be determined by the Court.
Section 2. Duty of the Committee

A member who, for whatever reason, is in non-compliance

at the end of the compliance period shall pay a noncompliance fee.

The MCLE Committee shall administer and adopt such

implementing rules as may be necessary subject to the
approval by the Supreme Court. It shall, in consultation
with the IBP Board of Governors, prescribe a schedule of
MCLE fees with the approval of the Supreme Court.

Section 2. Listing as delinquent member

Section 3. Staff of the IBP

Any member who fails to satisfactorily comply with

Section 2 of Rule 12 shall be listed as a delinquent
member by the IBP Board of Governors upon the
recommendation of the MCLE Committee, in which case,
Rule 139-A of the Rules of Court shall apply.

The IBP shall employ such staff as may be necessary to

perform the record-keeping, auditing, reporting, approval
and other necessary functions.

RULE 14
REINSTATEMENT

Section 4. Submission of annual budget

The IBP shall submit to the Supreme Court an annual
budget for a subsidy to establish, operate and maintain
the MCLE Program.

Section 1. Process
The involuntary listing as a delinquent member shall be
terminated when the member provides proof of
compliance with the MCLE requirement, including payment
of non-compliance fee. A member may attain the
necessary credit hours to meet the requirement for the

This resolution shall take effect in October 2000, following

its publication in two (2) newspaper of general circulation
in the Philippines.