The document outlines definitions for key terms related to notarial acts. It defines terms like notarial register, jurat, notarial certificate, and competent evidence of identity. It also describes the requirements and process for petitioning to become a notary public in the Philippines.
The document outlines definitions for key terms related to notarial acts. It defines terms like notarial register, jurat, notarial certificate, and competent evidence of identity. It also describes the requirements and process for petitioning to become a notary public in the Philippines.
The document outlines definitions for key terms related to notarial acts. It defines terms like notarial register, jurat, notarial certificate, and competent evidence of identity. It also describes the requirements and process for petitioning to become a notary public in the Philippines.
The document outlines definitions for key terms related to notarial acts. It defines terms like notarial register, jurat, notarial certificate, and competent evidence of identity. It also describes the requirements and process for petitioning to become a notary public in the Philippines.
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A.M. No.
02-8-13-SC virtual law library
2004 Rules on Notarial Practice (c) avows under penalty of law to the whole truth of the contents of the instrument or document. SEC. 3. Commission. - “Commission” refers to the grant RESOLUTION of authority to perform notarial acts and to the written Acting on the compliance dated 05 July 2004 and on the evidence of the authority. proposed Rules on Notarial Practice of 2004 submitted SEC. 4. Copy Certification. - “Copy Certification” refers to by the Sub-Committee for the Study, Drafting and a notarial act in which a notary Formulation of the Rules Governing the Appointment of public:chanroblesvirtuallawlibrary Notaries Public and the Performance and Exercise of (a) is presented with an instrument or document that is Their Official Functions, of the Committees on Revision of neither a vital record, a public record, nor publicly the Rules of Court and on Legal Education and Bar recordable; Matters, the Court Resolved to APPROVE the proposed (b) copies or supervises the copying of the instrument or Rules on Notarial Practice of 2004, with modifications, document; thus:chanroblesvirtuallawlibrary (c) compares the instrument or document with the copy; 2004 RULES ON NOTARIAL PRACTICE and RULE I (d) determines that the copy is accurate and complete. IMPLEMENTATION SEC. 5. Notarial Register. - “Notarial Register” refers to a SECTION 1. Title. - These Rules shall be known as the permanently bound book with numbered pages 2004 Rules on Notarial Practice. containing a chronological record of notarial acts SEC. 2. Purposes. - These Rules shall be applied and performed by a notary public. chan robles virtual law construed to advance the following library purposes:chanroblesvirtuallawlibrary SEC. 6. Jurat. - “Jurat” refers to an act in which an (a) to promote, serve, and protect public interest; chan individual on a single robles virtual law library occasion:chanroblesvirtuallawlibrary (b) to simplify, clarify, and modernize the rules governing (a) appears in person before the notary public and notaries public; and presents an instrument or document; (c) to foster ethical conduct among notaries public. chan (b) is personally known to the notary public or identified robles virtual law library by the notary public through competent evidence of SEC. 3. Interpretation. - Unless the context of these Rules identity as defined by these Rules; chan robles virtual law otherwise indicates, words in the singular include the library plural, and words in the plural include the singular. (c) signs the instrument or document in the presence of RULE II the notary; and DEFINITIONS (d) takes an oath or affirmation before the notary public SECTION 1. Acknowledgment. - “Acknowledgment” as to such instrument or document. refers to an act in which an individual on a single SEC. 7. Notarial Act and Notarization. - “Notarial Act” occasion:chanroblesvirtuallawlibrary and “Notarization” refer to any act that a notary public is (a) appears in person before the notary public and empowered to perform under these Rules. presents an integrally complete instrument or SEC. 8. Notarial Certificate. - “Notarial Certificate” refers document; to the part of, or attachment to, a notarized instrument chan robles virtual law library or document that is completed by the notary public, (b) is attested to be personally known to the notary bears the notary's signature and seal, and states the facts public or identified by the notary public through attested to by the notary public in a particular competent evidence of identity as defined by these notarization as provided for by these Rules.chan robles Rules; and - virtual law library chan robles virtual law library SEC. 9. Notary Public and Notary. - “Notary Public” and (c) represents to the notary public that the signature on “Notary” refer to any person commissioned to perform the instrument or document was voluntarily affixed by official acts under these Rules.cralaw him for the purposes stated in the instrument or SEC. 10. Principal. - “Principal” refers to a person document, declares that he has executed the instrument appearing before the notary public whose act is the or document as his free and voluntary act and deed, and, subject of notarization. chan robles virtual law library if he acts in a particular representative capacity, that he SEC. 11. Regular Place of Work or Business. - The term has the authority to sign in that capacity. “regular place of work or business” refers to a stationary SEC. 2. Affirmation or Oath. - The term “Affirmation” or office in the city or province wherein the notary public “Oath” refers to an act in which an individual on a single renders legal and notarial services. chan robles virtual occasion: chan robles virtual law library law library (a) appears in person before the notary public; chan SEC. 12. Competent Evidence of Identity. - The phrase robles virtual law library “competent evidence of identity” refers to the (b) is personally known to the notary public or identified identification of an individual based by the notary public through competent evidence of on:chanroblesvirtuallawlibrary identity as defined by these Rules; and chan robles (a) (a) at least one current identification document who submits a petition in accordance with these issued by an official agency bearing the photograph and Rules. chan robles virtual law library signature of the individual, such as but not limited to, To be eligible for commissioning as notary public, the passport, driver’s license, Professional Regulations petitioner:chanroblesvirtuallawlibrary Commission ID, National Bureau of Investigation (1) must be a citizen of the Philippines; chan robles clearance, police clearance, postal ID, voter’s ID, virtual law library Barangay certification, Government Service and (2) must be over twenty-one (21) years of age; chan Insurance System (GSIS) e-card, Social Security System robles virtual law library (SSS) card, Philhealth card, senior citizen card, Overseas (3) must be a resident in the Philippines for at least one Workers Welfare Administration (OWWA) ID, OFW ID, (1) year and maintains a regular place of work or seaman’s book, alien certificate of business in the city or province where the commission is registration/immigrant certificate of registration, to be issued; chan robles virtual law library government office ID, certification from the National (4) must be a member of the Philippine Bar in good Council for the Welfare of Disable Persons (NCWDP), standing with clearances from the Office of the Bar Department of Social Welfare and Development (DSWD) Confidant of the Supreme Court and the Integrated Bar certification; or of the Philippines; and (b) the oath or affirmation of one credible witness not (5) must not have been convicted in the first instance of privy to the instrument, document or transaction who is any crime involving moral turpitude. personally known to the notary public and who SEC. 2. Form of the Petition and Supporting Documents. - personally knows the individual, or of two credible Every petition for a notarial commission shall be in witnesses neither of whom is privy to the instrument, writing, verified, and shall include the document or transaction who each personally knows the following:chanroblesvirtuallawlibrary individual and shows to the notary public documentary (a) a statement containing the petitioner's personal identification. qualifications, including the petitioner's date of birth, SEC. 13. Official Seal or Seal. - “Official seal” or “Seal” residence, telephone number, professional tax receipt, refers to a device for affixing a mark, image or impression roll of attorney's number and IBP membership number; on all papers officially signed by the notary public conforming the requisites prescribed by these Rules. (b) certification of good moral character of the petitioner SEC. 14. Signature Witnessing. - The term “signature by at least two (2) executive officers of the local chapter witnessing” refers to a notarial act in which an individual of the Integrated Bar of the Philippines where he is on a single occasion: chan robles virtual law library applying for commission; (a) appears in person before the notary public and presents an instrument or document; (c) proof of payment for the filing of the petition as (b) is personally known to the notary public or identified required by these Rules; and by the notary public through competent evidence of identity as defined by these Rules; and chan robles (d) three (3) passport-size color photographs with light virtual law library background taken within thirty (30) days of the (c) signs the instrument or document in the presence of application. The photograph should not be retouched. the notary public. The petitioner shall sign his name at the bottom part of SEC. 15. Court. - “Court” refers to the Supreme Court of the photographs. the Philippines. SEC. 3. Application Fee. - Every petitioner for a notarial SEC. 16. Petitioner. - “Petitioner” refers to a person who commission shall pay the application fee as prescribed in applies for a notarial commission.cralaw the Rules of Court. chan robles virtual law library SEC. 17. Office of the Court Administrator. - “Office of the SEC. 4. Summary Hearing on the Petition. - The Executive Court Administrator” refers to the Office of the Court Judge shall conduct a summary hearing on the petition Administrator of the Supreme Court.cralaw and shall grant the same if:chanroblesvirtuallawlibrary SEC. 18. Executive Judge. - “Executive Judge” refers to (a) the petition is sufficient in form and substance; the Executive Judge of the Regional Trial Court of a city (b) the petitioner proves the allegations contained in the or province who issues a notarial commission.cralaw petition; and SEC. 19. Vendor. - “Vendor” under these Rules refers to (c) the petitioner establishes to the satisfaction of the a seller of a notarial seal and shall include a wholesaler or Executive Judge that he has read and fully understood retailer. chan robles virtual law library these Rules. SEC. 20. Manufacturer. - “Manufacturer” under these The Executive Judge shall forthwith issue a commission Rules refers to one who produces a notarial seal and shall and a Certificate of Authorization to Purchase a Notarial include an engraver and seal maker. chan robles virtual Seal in favor of the petitioner. chan robles virtual law law library library RULE III SEC. 5. Notice of Summary Hearing. - COMMISSIONING OF NOTARY PUBLIC (a) The notice of summary hearing shall be published in SECTION 1. Qualifications. - A notarial commission may a newspaper of general circulation in the city or province be issued by an Executive Judge to any qualified person where the hearing shall be conducted and posted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court. The cost of the publication purchase a notarial seal.chanrobles virtual law shall be borne by the petitioner. The notice may include library chan robles virtual law library more than one petitioner. Issued this (day) of (month) (year). ________________________ (b) The notice shall be substantially in the following Executive Judge form:chanroblesvirtuallawlibrary NOTICE OF HEARING SEC. 10. Official Seal of Notary Public. - Every person Notice is hereby given that a summary hearing on the commissioned as notary public shall have only one petition for notarial commission of (name of petitioner) official seal of office in accordance with these Rules. shall be held on (date) at (place) at (time). Any person SEC. 11. Jurisdiction and Term. - A person commissioned who has any cause or reason to object to the grant of the as notary public may perform notarial acts in any place petition may file a verified written opposition thereto, within the territorial jurisdiction of the commissioning received by the undersigned before the date of the court for a period of two (2) years commencing the first summary hearing.chanrobles virtual law library chan day of January of the year in which the commissioning is robles virtual law library made, unless earlier revoked or the notary public has _____________________ resigned under these Rules and the Rules of Court. chan Executive Judge robles virtual law library SEC. 6. Opposition to Petition. - Any person who has any SEC. 12. Register of Notaries Public. - The Executive Judge cause or reason to object to the grant of the petition may shall keep and maintain a Register of Notaries Public in file a verified written opposition thereto. The opposition his jurisdiction which shall contain, among others, the must be received by the Executive Judge before the date dates of issuance or revocation or suspension of notarial of the summary hearing. chan robles virtual law library commissions, and the resignation or death of notaries SEC. 7. Form of Notarial Commission. - The public. The Executive Judge shall furnish the Office of the commissioning of a notary public shall be in a formal Court Administrator information and data recorded in order signed by the Executive Judge substantially in the the register of notaries public. The Office of the Court following form:chanroblesvirtuallawlibrary Administrator shall keep a permanent, complete and REPUBLIC OF THE PHILIPPINES updated database of such records. chan robles virtual REGIONAL TRIAL COURT OF ______________ law library This is to certify that (name of notary public) of (regular SEC. 13. Renewal of Commission. - A notary public may place of work or business) in (city or province) was on file a written application with the Executive Judge for the this (date) day of (month) two thousand and (year) renewal of his commission within forty-five (45) days commissioned by the undersigned as a notary public, before the expiration thereof. A mark, image or within and for the said jurisdiction, for a term ending the impression of the seal of the notary public shall be thirty-first day of December (year) chan robles virtual law attached to the application.cralaw library Failure to file said application will result in the deletion of ________________________ the name of the notary public in the register of notaries Executive Judge public.cralaw SEC. 8. Period Of Validity of Certificate of Authorization The notary public thus removed from the Register of to Purchase a Notarial Seal. - The Certificate of Notaries Public may only be reinstated therein after he is Authorization to Purchase a Notarial Seal shall be valid issued a new commission in accordance with these for a period of three (3) months from date of issue, Rules. chan robles virtual law library unless extended by the Executive Judge. SEC. 14. Action on Application for Renewal of A mark, image or impression of the seal that may be Commission. - The Executive Judge shall, upon payment purchased by the notary public pursuant to the of the application fee mentioned in Section 3 above of Certificate shall be presented to the Executive Judge for this Rule, act on an application for the renewal of a approval prior to use.cralaw commission within thirty (30) days from receipt thereof. SEC. 9. Form of Certificate of Authorization to Purchase a If the application is denied, the Executive Judge shall Notarial Seal. - The Certificate of Authorization to state the reasons therefor.cralaw Purchase a Notarial Seal shall substantially be in the RULE IV following form:chanroblesvirtuallawlibrary POWERS AND LIMITATIONS OF NOTARIES PUBLIC SECTION 1. Powers. - (a) A notary public is empowered to REPUBLIC OF THE PHILIPPINES perform the following notarial REGIONAL TRIAL COURT OF_____________ chan robles acts:chanroblesvirtuallawlibrary virtual law library (1) acknowledgments; CERTIFICATE OF AUTHORIZATION (2) oaths and affirmations; TO PURCHASE A NOTARIAL SEAL chan robles virtual law (3) jurats; chan robles virtual law library library (4) signature witnessings; This is to authorize (name of notary public) of (city or (5) copy certifications; and province) who was commissioned by the undersigned as (6) any other act authorized by these Rules. a notary public, within and for the said jurisdiction, for a (b) A notary public is authorized to certify the affixing of a term ending, the thirty-first of December (year) to signature by thumb or other mark on an instrument or document presented for notarization commission, fee, advantage, right, title, interest, cash, if:chanroblesvirtuallawlibrary property, or other consideration, except as provided by (1) the thumb or other mark is affixed in the presence of these Rules and by law; or the notary public and of two (2) disinterested and (c) is a spouse, common-law partner, ancestor, unaffected witnesses to the instrument or document; descendant, or relative by affinity or consanguinity of the (2) both witnesses sign their own names in addition to principal within the fourth civil degree. chan robles the thumb or other mark; virtual law library (3) the notary public writes below the thumb or other SEC. 4. Refusal to Notarize. - A notary public shall not mark: "Thumb or Other Mark affixed by (name of perform any notarial act described in these Rules for any signatory by mark) in the presence of (names and person requesting such an act even if he tenders the addresses of witnesses) and undersigned notary public"; appropriate fee specified by these Rules and chan robles virtual law library if:chanroblesvirtuallawlibrary (4) the notary public notarizes the signature by thumb or (a) the notary knows or has good reason to believe that other mark through an acknowledgment, jurat, or the notarial act or transaction is unlawful or immoral; signature witnessing. (b) the signatory shows a demeanor which engenders in (c) A notary public is authorized to sign on behalf of a the mind of the notary public reasonable doubt as to the person who is physically unable to sign or make a mark former's knowledge of the consequences of the on an instrument or document transaction requiring a notarial act; and if:chanroblesvirtuallawlibrary (c) in the notary's judgment, the signatory is not acting (1) the notary public is directed by the person unable to of his or her own free will. sign or make a mark to sign on his behalf; SEC. 5. False or Incomplete Certificate. - A notary public (2) the signature of the notary public is affixed in the shall not: chan robles virtual law library presence of two disinterested and unaffected witnesses (a) execute a certificate containing information known or to the instrument or document; believed by the notary to be false. (3) both witnesses sign their own names ; (b) affix an official signature or seal on a notarial (4) the notary public writes below his signature: certificate that is incomplete.chan robles virtual law “Signature affixed by notary in presence of (names and library addresses of person and two [2] witnesses)”; and SEC. 6. Improper Instruments or Documents. - A notary (5) the notary public notarizes his signature by public shall not notarize:chanroblesvirtuallawlibrary acknowledgment or jurat. (a) a blank or incomplete instrument or document; SEC. 2. Prohibitions. - (a) A notary public shall not or chan robles virtual law library perform a notarial act outside his regular place of work (b) an instrument or document without appropriate or business; provided, however, that on certain notarial certification. exceptional occasions or situations, a notarial act may be RULE V performed at the request of the parties in the following FEES OF NOTARY PUBLIC sites located within his territorial jurisdiction: chan robles SECTION 1. Imposition and Waiver of Fees. - For virtual law library performing a notarial act, a notary public may charge the (1) public offices, convention halls, and similar places maximum fee as prescribed by the Supreme Court unless where oaths of office may be administered; he waives the fee in whole or in part. (2) public function areas in hotels and similar places for chan robles virtual law library the signing of instruments or documents requiring SEC. 2. Travel Fees and Expenses. - A notary public may notarization; charge travel fees and expenses separate and apart from (3) hospitals and other medical institutions where a the notarial fees prescribed in the preceding section party to an instrument or document is confined for when traveling to perform a notarial act if the notary treatment; and public and the person requesting the notarial act agree (4) any place where a party to an instrument or prior to the travel.cralaw document requiring notarization is under detention. SEC. 3. Prohibited Fees. – No fee or compensation of any (b) A person shall not perform a notarial act if the person kind, except those expressly prescribed and allowed involved as signatory to the instrument or document - herein, shall be collected or received for any notarial (1) is not in the notary's presence personally at the time service.cralaw of the notarization; and SEC. 4. Payment or Refund of Fees. - A notary public shall (2) is not personally known to the notary public or not require payment of any fees specified herein prior to otherwise identified by the notary public through the performance of a notarial act unless otherwise competent evidence of identity as defined by these agreed upon. chan robles virtual law library Rules.chan robles virtual law library Any travel fees and expenses paid to a notary public prior SEC. 3. Disqualifications. - A notary public is disqualified to the performance of a notarial act are not subject to from performing a notarial act if refund if the notary public had already traveled but failed he:chanroblesvirtuallawlibrary to complete in whole or in part the notarial act for (a) is a party to the instrument or document that is to be reasons beyond his control and without negligence on his notarized; chan robles virtual law library part.cralaw (b) will receive, as a direct or indirect result, any SEC. 5. Notice of Fees. - A notary public who charges a refusal to allow inspection or copying of a journal entry fee for notarial services shall issue a receipt registered shall also be recorded.cralaw with the Bureau of Internal Revenue and keep a journal (d) When the instrument or document is a contract, the of notarial fees. He shall enter in the journal all fees notary public shall keep an original copy thereof as part charged for services rendered. chan robles virtual law of his records and enter in said records a brief library description of the substance thereof and shall give to A notary public shall post in a conspicuous place in his each entry a consecutive number, beginning with office a complete schedule of chargeable notarial number one in each calendar year. He shall also retain a fees.cralaw duplicate original copy for the Clerk of Court.cralaw RULE VI (e) The notary public shall give to each instrument or NOTARIAL REGISTER document executed, sworn to, or acknowledged before SECTION 1. Form of Notarial Register. - (a) A notary him a number corresponding to the one in his register, public shall keep, maintain, protect and provide for and shall also state on the instrument or document the lawful inspection as provided in these Rules, a page/s of his register on which the same is recorded. No chronological official notarial register of notarial acts blank line shall be left between entries.cralaw consisting of a permanently bound book with numbered (f) In case of a protest of any draft, bill of exchange or pages. chan robles virtual law library promissory note, the notary public shall make a full and The register shall be kept in books to be furnished by the true record of all proceedings in relation thereto and Solicitor General to any notary public upon request and shall note therein whether the demand for the sum of upon payment of the cost thereof. The register shall be money was made, by whom, when, and where; whether duly paged, and on the first page, the Solicitor General he presented such draft, bill or note; whether notices shall certify the number of pages of which the book were given, to whom and in what manner; where the consists.cralaw same was made, when and to whom and where directed; For purposes of this provision, a Memorandum of and of every other fact touching the same.cralaw Agreement or Understanding may be entered into by the (g) At the end of each week, the notary public shall Office of the Solicitor General and the Office of the Court certify in his notarial register the number of instruments Administrator. chan robles virtual law library or documents executed, sworn to, acknowledged, or (b) A notary public shall keep only one active notarial protested before him; or if none, this certificate shall register at any given time.cralaw show this fact.cralaw SEC. 2. Entries in the Notarial Register. - (a) For every (h) A certified copy of each month's entries and a notarial act, the notary shall record in the notarial duplicate original copy of any instrument acknowledged register at the time of notarization the following: chan before the notary public shall, within the first ten (10) robles virtual law library days of the month following, be forwarded to the Clerk (1) the entry number and page number; chan robles of Court and shall be under the responsibility of such virtual law library officer. If there is no entry to certify for the month, the (2) the date and time of day of the notarial act; notary shall forward a statement to this effect in lieu of (3) the type of notarial act; chan robles virtual law library certified copies herein required.cralaw (4) the title or description of the instrument, document SEC. 3. Signatures and Thumbmarks. - At the time of or proceeding; notarization, the notary's notarial register shall be signed (5) the name and address of each principal; chan robles or a thumb or other mark affixed by virtual law library each:chanroblesvirtuallawlibrary (6) the competent evidence of identity as defined by (a) principal; these Rules if the signatory is not (b) credible witness swearing or affirming to the identity personally known to the notary; chan robles virtual law of a principal; and library (c) witness to a signature by thumb or other mark, or to a (7) the name and address of each credible witness signing by the notary public on behalf of a person swearing to or affirming the person's identity; physically unable to sign. (8) the fee charged for the notarial act; SEC. 4. Inspection, Copying and Disposal. - (a) In the (9) the address where the notarization was performed if notary's presence, any person may inspect an entry in not in the notary's regular place of work or business; and the notarial register, during regular business hours, (10) any other circumstance the notary public may deem provided; of significance or relevance. (1) the person's identity is personally known to the (b) A notary public shall record in the notarial register the notary public or proven through competent evidence of reasons and circumstances for not completing a notarial identity as defined in these Rules; act. (2) the person affixes a signature and thumb or other (c) A notary public shall record in the notarial register the mark or other recognized identifier, in the notarial circumstances of any request to inspect or copy an entry register in a separate, dated entry; in the notarial register, including the requester's name, (3) the person specifies the month, year, type of address, signature, thumbmark or other recognized instrument or document, and name of the principal in identifier, and evidence of identity. The reasons for the notarial act or acts sought; and (4) the person is shown only the entry or entries rendered unserviceable in affixing a legible image, the specified by him. notary public, after informing the appropriate law (b) The notarial register may be examined by a law enforcement agency, shall notify the Executive Judge in enforcement officer in the course of an official writing, providing proper receipt or acknowledgment, investigation or by virtue of a court order. including registered mail, and in the event of a crime (c) If the notary public has a reasonable ground to committed, provide a copy or entry number of the believe that a person has a criminal intent or wrongful appropriate police record. Upon receipt of such notice, if motive in requesting information from the notarial found in order by the Executive Judge, the latter shall register, the notary shall deny access to any entry or order the notary public to cause notice of such loss or entries therein.cralaw damage to be published, once a week for three (3) SEC. 5. Loss, Destruction or Damage of Notarial Register. consecutive weeks, in a newspaper of general circulation - (a) In case the notarial register is stolen, lost, destroyed, in the city or province where the notary public is damaged, or otherwise rendered unusable or illegible as commissioned. Thereafter, the Executive Judge shall a record of notarial acts, the notary public shall, within issue to the notary public a new Certificate of ten (10) days after informing the appropriate law Authorization to Purchase a Notarial Seal.cralaw enforcement agency in the case of theft or vandalism, (e) Within five (5) days after the death or resignation of notify the Executive Judge by any means providing a the notary public, or the revocation or expiration of a proper receipt or acknowledgment, including registered notarial commission, the official seal shall be surrendered mail and also provide a copy or number of any pertinent to the Executive Judge and shall be destroyed or defaced police report.cralaw in public during office hours. In the event that the (b) Upon revocation or expiration of a notarial missing, lost or damaged seal is later found or commission, or death of the notary public, the notarial surrendered, it shall be delivered by the notary public to register and notarial records shall immediately be the Executive Judge to be disposed of in accordance with delivered to the office of the Executive Judge.cralaw this section. Failure to effect such surrender shall SEC. 6. Issuance of Certified True Copies. - The notary constitute contempt of court. In the event of death of public shall supply a certified true copy of the notarial the notary public, the person in possession of the official record, or any part thereof, to any person applying for seal shall have the duty to surrender it to the Executive such copy upon payment of the legal fees.cralaw Judge.cralaw RULE VII SEC. 3. Seal Image. - The notary public shall affix a single, SIGNATURE AND SEAL OF NOTARY PUBLIC clear, legible, permanent, and photographically SECTION 1. Official Signature. – In notarizing a paper reproducible mark, image or impression of the official instrument or document, a notary public seal beside his signature on the notarial certificate of a shall:chanroblesvirtuallawlibrary paper instrument or document.cralaw (a) sign by hand on the notarial certificate only the name SEC. 4. Obtaining and Providing Seal. - (a) A vendor or indicated and as appearing on the notary's manufacturer of notarial seals may not sell said product commission; chan robles virtual law library without a written authorization from the Executive (b) not sign using a facsimile stamp or printing device; Judge.cralaw and (b) Upon written application and after payment of the (c) affix his official signature only at the time the notarial application fee, the Executive Judge may issue an act is performed. authorization to sell to a vendor or manufacturer of SEC. 2. Official Seal. - (a) Every person commissioned as notarial seals after verification and investigation of the notary public shall have a seal of office, to be procured at latter's qualifications. The Executive Judge shall charge an his own expense, which shall not be possessed or owned authorization fee in the amount of PhP 4,000 for the by any other person. It shall be of metal, circular in vendor and PhP 8,000 for the manufacturer. If a shape, two inches in diameter, and shall have the name manufacturer is also a vendor, he shall only pay the of the city or province and the word “Philippines” and his manufacturer's authorization fee.cralaw own name on the margin and the roll of attorney's (c) The authorization shall be in effect for a period of four number on the face thereof, with the words "notary (4) years from the date of its issuance and may be public" across the center. A mark, image or impression of renewed by the Executive Judge for a similar period upon such seal shall be made directly on the paper or payment of the authorization fee mentioned in the parchment on which the writing appears. preceding paragraph.cralaw (b) The official seal shall be affixed only at the time the (d) A vendor or manufacturer shall not sell a seal to a notarial act is performed and shall be clearly impressed buyer except upon submission of a certified copy of the by the notary public on every page of the instrument or commission and the Certificate of Authorization to document notarized. chan robles virtual law library Purchase a Notarial Seal issued by the Executive Judge. A (c) When not in use, the official seal shall be kept safe notary public obtaining a new seal as a result of change and secure and shall be accessible only to the notary of name shall present to the vendor or manufacturer a public or the person duly authorized by him. chan robles certified copy of the Confirmation of the Change of Name virtual law library issued by the Executive Judge.cralaw (d) Within five (5) days after the official seal of a notary public is stolen, lost, damaged or other otherwise (e) Only one seal may be sold by a vendor or RULE X manufacturer for each Certificate of Authorization to CHANGES OF STATUS OF NOTARY PUBLIC Purchase a Notarial Seal.cralaw SECTION 1. Change of Name and Address. - (f) After the sale, the vendor or manufacturer shall affix a Within ten (10) days after the change of name of the mark, image or impression of the seal to the Certificate notary public by court order or by marriage, or after of Authorization to Purchase a Notarial Seal and submit ceasing to maintain the regular place of work or the completed Certificate to the Executive Judge. Copies business, the notary public shall submit a signed and of the Certificate of Authorization to Purchase a Notarial dated notice of such fact to the Executive Judge. Seal and the buyer's commission shall be kept in the files of the vendor or manufacturer for four (4) years after the The notary public shall not notarize sale.cralaw until:chanroblesvirtuallawlibrary (g) A notary public obtaining a new seal as a result of (a) he receives from the Executive Judge a confirmation change of name shall present to the vendor a certified of the new name of the notary public and/or change of copy of the order confirming the change of name issued regular place of work or business; and by the Executive Judge.cralaw RULE VIII (b) a new seal bearing the new name has been obtained. NOTARIAL CERTIFICATES The foregoing notwithstanding, until the aforementioned SECTION 1. Form of Notarial Certificate. - The notarial steps have been completed, the notary public may form used for any notarial instrument or document shall continue to use the former name or regular place of conform to all the requisites prescribed herein, the Rules work or business in performing notarial acts for three (3) of Court and all other provisions of issuances by the months from the date of the change, which may be Supreme Court and in applicable laws. chan robles virtual extended once for valid and just cause by the Executive law library Judge for another period not exceeding three (3) months. SEC. 2. Contents of the Concluding Part of the Notarial SEC. 2. Resignation. - A notary public may resign his Certificate. – The notarial certificate shall include the commission by personally submitting a written, dated following:chanroblesvirtuallawlibrary and signed formal notice to the Executive Judge together (a) the name of the notary public as exactly indicated in with his notarial seal, notarial register and records. the commission; Effective from the date indicated in the notice, he shall (b) the serial number of the commission of the notary immediately cease to perform notarial acts. In the event public; of his incapacity to personally appear, the submission of (c) the words "Notary Public" and the province or city the notice may be performed by his duly authorized where the notary public is commissioned, the expiration representative.cralaw date of the commission, the office address of the notary SEC. 3. Publication of Resignation. - The Executive Judge public; and shall immediately order the Clerk of Court to post in a (d) the roll of attorney's number, the professional tax conspicuous place in the offices of the Executive Judge receipt number and the place and date of issuance and of the Clerk of Court the names of notaries public thereof, and the IBP membership number. who have resigned their notarial commissions and the RULE IX effective dates of their resignation.cralaw CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC RULE XI SECTION 1. Certificate of Authority for a Notarial Act. - A REVOCATION OF COMMISSION AND DISCIPLINARY certificate of authority evidencing the authenticity of the SANCTIONS official seal and signature of a notary public shall be SECTION 1. Revocation and Administrative Sanctions. - issued by the Executive Judge upon request in (a) The Executive Judge shall revoke a notarial substantially the following form: chan robles virtual law commission for any ground on which an application for a library commission may be denied. chan robles virtual law CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT library I, (name, title, jurisdiction of the Executive Judge), certify (b) In addition, the Executive Judge may revoke the that (name of notary public), the person named in the commission of, or impose appropriate administrative seal and signature on the attached document, is a Notary sanctions upon, any notary public Public in and for the (City/Municipality/Province) of the who:chanroblesvirtuallawlibrary Republic of the Philippines and authorized to act as such (1) fails to keep a notarial register; at the time of the document's notarization.chanrobles (2) fails to make the proper entry or entries in his notarial virtual law librarychan robles virtual law library register concerning his notarial acts; IN WITNESS WHEREOF, I have affixed below my signature (3) fails to send the copy of the entries to the Executive and seal of this office this (date) day of (month) Judge within the first ten (10) days of the month (year).chanrobles virtual law library chan robles virtual following; law library (4) fails to affix to acknowledgments the date of _________________ expiration of his commission; (official signature) (5) fails to submit his notarial register, when filled, to the (seal of Executive Judge) Executive Judge; (6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his (c) knowingly solicits, coerces, or in any way influences a duties, as may be required by the judge; notary public to commit official misconduct. (7) fails to require the presence of a principal at the time SEC 2. Reports to the Supreme Court. - The Executive of the notarial act; Judge concerned shall submit semestral reports to the (8) fails to identify a principal on the basis of personal Supreme Court on discipline and prosecution of notaries knowledge or competent evidence; public. (9) executes a false or incomplete certificate under RULE XIII Section 5, Rule IV; REPEALING AND EFFECTIVITY PROVISIONS (10) knowingly performs or fails to perform any other SECTION 1. Repeal. - All rules and parts of rules, including act prohibited or mandated by these Rules; and issuances of the Supreme Court inconsistent herewith, (11) commits any other dereliction or act which in the are hereby repealed or accordingly modified. chan robles judgment of the Executive Judge constitutes good cause virtual law library for revocation of commission or imposition of SEC. 2. Effective Date. - These Rules shall take effect on administrative sanction. the first day of August 2004, and shall be published in a (c) Upon verified complaint by an interested, affected or newspaper of general circulation in the Philippines which aggrieved person, the notary public shall be required to provides sufficiently wide circulation. file a verified answer to the complaint. If the answer of Promulgated this 6th day of July, 2004. chan robles the notary public is not satisfactory, the Executive Judge virtual law library shall conduct a summary hearing. If the allegations of the complaint are not proven, the complaint shall be dismissed. If the charges are duly established, the CODE OF JUDICIAL CONDUCT Executive Judge shall impose the appropriate administrative sanctions. In either case, the aggrieved PREAMBLE party may appeal the decision to the Supreme Court for review. Pending the appeal, an order imposing An honorable competent and independent judiciary disciplinary sanctions shall be immediately executory, exists to administer justice and thus promote the unity of unless otherwise ordered by the Supreme Court. the country, the stability of government, and the well- (d) The Executive Judge may motu proprio initiate being of the people.cralaw. administrative proceedings against a notary public, CANON 1 subject to the procedures prescribed in paragraph (c) A JUDGE SHOULD UPHOLD THE INTEGRITY above and impose the appropriate administrative AND INDEPENDENCE OF THE JUDICIARY sanctions on the grounds mentioned in the preceding RULE 1.01 - A judge should be the embodiment of paragraphs (a) and (b).cralaw competence, integrity and independence.chanrobles SEC. 2. Supervision and Monitoring of Notaries Public. - virtualawlibrary The Executive Judge shall at all times exercise supervision over notaries public and shall closely monitor their activities. chan robles virtual law library RULE 1.02 - A judge should administer justice impartially SEC. 3. Publication of Revocations and Administrative and without delay.chanrobles virtualawlibrary Sanctions. - The Executive Judge shall immediately order RULE 1.03. - A judge should be vigilant against any the Clerk of Court to post in a conspicuous place in the attempt to subvert the independence of the judiciary and offices of the Executive Judge and of the Clerk of Court should forthwith resist any pressure from whatever the names of notaries public who have been source intended to influence the performance of official administratively sanctioned or whose notarial functions. commissions have been revoked.cralaw SEC. 4. Death of Notary Public. - If a notary public dies CANON 2 before fulfilling the obligations in Section 4(e), Rule VI A JUDGE SHOULD AVOID IMPROPRIETY and Section 2(e), Rule VII, the Executive Judge, upon AND THE APPEARANCE OF IMPROPRIETY being notified of such death, shall forthwith cause IN ALL ACTIVITIES compliance with the provisions of these sections. chan RULE 2.01 - A judge should so behave at all times as to robles virtual law library promote public confidence in the integrity and RULE XII impartiality of the judiciary. SPECIAL PROVISIONS RULE 2.02 - A judge should not seek publicity for SECTION 1. Punishable Acts. - The Executive Judge shall personal vainglory. cause the prosecution of any person who:chanroblesvirtuallawlibrary RULE 2.03 - A judge shall not allow family, social, or other (a) knowingly acts or otherwise impersonates a notary relationships to influence judicial conduct or judgment. public; chan robles virtual law library The prestige of judicial office shall not be used or lent to (b) knowingly obtains, conceals, defaces, or destroys the advance the private interests of others, nor convey or seal, notarial register, or official records of a notary permit others to convey the impression that they are in a public; and special position to influence the judge. strictly on the basis of merit and qualifications, avoiding RULE 2.04 - A judge should refrain from influencing in nepotism and favoritism. Unless otherwise allowed by any manner the outcome of litigation or dispute pending law, the same criteria should be observed in before another court or administrative agency. recommending appointment of court personnel. Where CANON 3 the payment of compensation is allowed, it should be A JUDGE SHOULD PERFORM OFFICIAL reasonable and commensurate with the fair value of DUTIES HONESTLY, AND WITH IMPARTIALITY services rendered. AND DILIGENCE DISQUALIFICATION ADJUDICATIVE RESPONSIBILITIES RULE 3.12 - A judge should take no part in a proceeding where the judge's impartiality might reasonably be questioned. These cases include among others, RULE 3.01 - A judge shall be faithful to the law and proceedings where:chanroblesvirtuallawlibrary maintain professional competence. (a) the judge has personal knowledge of disputed RULE 3.02 - In every case, a judge shall endeavor evidentiary facts concerning the proceeding; diligently to ascertain the facts and the applicable law (b) the judge served as executor, administrator, guardian, unswayed by partisan interests, public opinion or fear of trustee or lawyer in the case or matter in controversy, or criticism. a former associate of the judge served as counsel during their association, or the judge or lawyer was a material RULE 3.03 - A judge shall maintain order and proper witness therein; decorum in the court. (c) the judge's ruling in a lower court is the subject of review; RULE 3.04 - A judge should be patient, attentive, and (d) the judge is related by consanguinity or affinity to a courteous to lawyers, especially the inexperienced, to party litigant within the sixth degree or to counsel within litigants, witnesses, and others appearing before the the fourth degree; court. A judge should avoid unconsciously falling into the (e) the judge knows the judge's spouse or child has a attitude of mind that the litigants are made for the financial interest, as heir, legatee, creditor, fiduciary, or courts, instead of the courts for the litigants. otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could RULE 3.05 - A judge shall dispose of the court's business be substantially affected by the outcome of the promptly and decide cases within the required periods. proceeding. RULE 3.06 - While a judge may, to promote justice, In every instance, the judge shall indicate the legal prevent waste of time or clear up some obscurity, reason for inhibition.cralaw. properly intervene in the presentation of evidence during the trial, it should always be borne in mind that undue REMITTAL OF DISQUALIFICATION interference may prevent the proper presentation of the RULE 3.13 - A judge disqualified by the terms of rule 3.12 cause or the ascertainment of truth. may, instead of withdrawing from the proceeding, RULE 3.07 - A judge should abstain from making public disclose on the record the basis of disqualification. If, comments on any pending or impending case and should bases on such disclosure, the parties and lawyers require similar restraint on the part of court personnel. independently of judge's participation, all agree in writing that the reason for the inhibition is immaterial or ADMINISTRATIVE RESPONSIBILITIES insubstantial, the judge may then participate in the proceeding. The agreement, signed by all parties and RULE 3.08 - A judge should diligently discharge lawyers, shall be incorporated in the record of the administrative responsibilities, maintain professional proceeding. competence in court management, and facilitate the CANON 5 performance of the administrative functions or other A JUDGE SHOULD REGULATE EXTRA-JUDICIAL judges and court personnel. ACTIVITIES TO MINIMIZE THE RISK RULE 3.09 - A judge should organize and supervise the OF CONFLICT WITH JUDICIAL DUTIES court personnel to ensure the prompt and efficient ADVOCATIONAL, CIVIC AND CHARITABLE ACTIVITIES dispatch of business, and require at all times the observance of high standards of public service and RULE 5.01 - A judge may engage in the following fidelity. activities provided that they do not interfere with the RULE 3.10 - A judge should take or initiate appropriate performance of judicial duties or detract from the dignity disciplinary measures against lawyers or court personnel of the court:chanroblesvirtuallawlibrary for unprofessional conduct of which the judge may have become aware. (a) write, teach and speak on non-legal subjects; RULE 3.11 - A judge should appoint commissioners, (b) engage in the arts, sports, and other special receivers, trustees, guardians, administrators and others recreational activities; (c) participate in civic and charitable activities; speeches, contribute to party funds, publicly endorse (d) serve as an officer, director, trustee, or non-legal candidates for political office or participate in other advisor of a non-profit or non-political educational, partisan political activities.chanrobles virtualawlibrary religious, charitable, fraternal, or civic organization. FINANCIAL ACTIVITIES RULE 5.02 - A judge shall refrain from financial and COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT business dealing that tend to reflect adversely on the All judges shall strictly comply with this Code.cralaw. court's impartiality, interfere with the proper DATE OF EFFECTIVITY performance of judicial activities or increase involvement with lawyers or persons likely to come before the court. This Code, promulgated on 5 September 1989, shall take A judge should so manage investments and other effect on 20 October 1989 financial interests as to minimize the number of cases giving grounds for disqualifications.
RULE 5.03 - Subject to the provisions of the proceeding
rule, a judge may hold and manage investments but should not serve as officer, director, manager or advisor, or employee of any business except as director of a family business of the judge.chanrobles virtualawlibrary
RULE 5.04 - A judge or any immediate member of the
family shall not accept a gift, bequest, factor or loan from any one except as may be allowed by law.
RULE 5.05 - No information acquired in a judicial capacity
shall be sued or disclosed by a judge in any financial dealing or for any other purpose not related to judicial activities. FIDUCIARY ACTIVITIES RULE 5.06 - A judge should not serve as the executor, administrator, trustee, guardian, or other fiduciary, except for the estate, trusts, or person of a member of the immediate family, and then only if such service will not interfere with the proper performance of judicial duties. "Member of immediate family" shall be limited to the spouse and relatives within the second degree of consanguinity. As a family, a judge shall not:chanroblesvirtuallawlibrary (a) serve in proceedings that might come before the court of said judge; or (b) act as such contrary to rules 5.02 to 5.05.
PRACTICE OF LAW AND OTHER PROFESSION
RULE 5.07 - A judge shall not engage in the private practice of law. Unless prohibited by the Constitution or law, a judge may engage in the practice of any other profession provided that such practice will not conflict or tend to conflict with judicial functions. FINANCIAL DISCLOSURE
RULE 5.08 - A judge shall make full financial disclosure as
required by law.chanrobles virtualawlibrary
RULE 5.09 - A judge shall not accept appointment or
designation to any agency performing quasi-judicial or administrative functions.cralaw. POLITICAL ACTIVITIES RULE 5.10 - A judge is entitled to entertain personal views on political questions. But to avoid suspicion of political partisanship, a judge shall not make political