Notarial and Judicial Conduct

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 10

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

You might also like