2004 Rules on Notarial Practice

Question 1

The Title of these Rules (A.M. No. 02-8-13-SC) is

Answer 1

2004 Rules on Notarial Practice

Question 2

What are the purposes for the creation of 2004 Rules on Notarial Practice?

Answer 2

These rules shall be applied and construed to advance the following purposes:

(a) to promote, serve, and protect public interest;
(b) to simplify, clarify, and modernize the rules governing notaries public; and
(c) to foster ethical conduct among notaries public.

Question 3

How are the Rules to be interpreted?

Answer 3

Unless the context of these Rules otherwise indicates, words in the singular include the plural, and words in the plural include the singular.

Question 4

What is an “Acknowledgment?”

Answer 4

It refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an integrally complete instrument or document;
(b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and
(c) represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed and if he acts in a particular representative capacity, that he has the authority to sign in that capacity.

Question 5

What is Affirmation or Oath?

Answer 5

It refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public;
(b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and
(c) avows under penalty of law to the whole truth of the contents of the instrument or document.

Question 6

What is Commission?

Answer 6

It refers to the grant of authority to perform notarial acts and to the written evidence of the authority.

Question 7

What is Copy Certification?

Answer 7

It refers to a notarial act in which a notary public:

(a) is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable;
(b) copies or supervises the copying of the instrument or document;
(c) compares the instrument or document with the copy; and
(d) determines that the copy is accurate and complete.

Question 8

What is Notarial Register?

Answer 8

It refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public.

Question 9

What is Jurat?

Answer 9

It refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and
(d) takes an oath or affirmation before the notary public as to such instrument or document.

Question 10

What is Notarial Act and Notarization?

Answer 10

They refer to any act that a notary public is empowered to perform under these Rules.

Question 11

What is Notarial Certificate?

Answer 11

It refers to the part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary’s signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules.

Question 12

What do Notary Public and Notary refer to?

Answer 12

They refer to any person commissioned to perform official acts under these Rules.

Question 13

What does Principal mean?

Answer 13

It refers to a person appearing before the notary public whose act is the subject of notarization.

Question 14

What does Regular Place of Work or Business mean?

Answer 14

It refers to a stationary office in the city or province wherein the notary public renders legal and notarial services.

Question 15

What is the meaning of Competent Evidence of Identity?

Answer 15

It refers to the identification of an individual based on:

(a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or
(b) the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.

Question 16

What is Official Seal or Seal?

Answer 16

It refers to a device for affixing a mark, image or impression on all papers officially signed by the notary public conforming the requisites prescribed by these Rules.

Question 17

What is the meaning of Signature Witnessing?

Answer 17

It refers to a notarial act which an individual on a single occasion:

(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and
(c) signs the instrument or document in the presence of the notary public.

Question 18

What does Court refer to?

Answer 18

The Supreme Court of the Philippines

Question 19

Who is a Petitioner?

Answer 19

A person who applies for a notarial commission.

Question 20

What does Office of the Court Administrator refer to?

Answer 20

The Office of the Court Administrator of the Supreme Court

Question 21

What does Executive Judge mean?

Answer 21

It refers to the Executive Judge of the Regional Trial Court of a city or province who issues a notarial commission.

Question 22

Who is a Vendor?

Answer 22

Under these Rules, it refers to a seller of a notarial seal and shall include a wholesaler or retailer.

Question 23

Who is a Manufacturer?

Answer 23

Under these Rules, it refers to one who produces a notarial seal and shall include an engraver and seal maker.

Question 24

What are the requirements needed to be met in order to be eligible for commissioning as notary public?

Answer 24

A notarial commission may be issued by an Executive Judge to any qualified person who submits a petition in accordance with these Rules.

To be eligible for commissioning as notary public, the petitioner:

(1) must be a citizen of the Philippines;
(2) must be over twenty-one (21) years of age;
(3) must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or province where the commission is to be issued;
(4) must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance of any crime involving moral turpitude.

Question 25

What are the essential requirements that must be met when writing a petition for notarial commission?

Answer 25

Every petition for a notarial commission shall be in writing, verified, and shall include the following:

(a) a statement containing the petitioner’s personal qualifications, including the petitioner’s date of birth, residence, telephone number, professional tax receipt, roll of attorney’s number and IBP membership number;
(b) certification of good moral character of the petitioner by at least two (2) executive officers of the local chapter of the Integrated Bar of the Philippines where he is applying for commission;
(c) proof of payment for the filing of the petition as required by these Rules; and
(d) three (3) passport-size color photographs with light background taken within thirty (30) days of the application. The photograph should not be retouched. The petitioner shall sign his name at the bottom part of the photographs.

Question 26

What is the rule as regards application fee for notarial commission?

Answer 26

Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court.

Question 27

When is a petition for notarial commission granted?

Answer 27

The Executive Judge shall conduct a summary hearing on the petition and shall grant the same if:

(a) the petition is sufficient in form and substance;
(b) the petitioner proves the allegations contained in the petition; and
(c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood these Rules.

The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the petitioner.

Question 28

What are the important matters as regards Notice of Summary Hearing?

Answer 28

(a) The notice of summary hearing shall be published in a newspaper of general circulation in the city or province 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 shall borne by the petitioner. The notice may include more than one petitioner.

(b) The notice shall be substantially in the following form: (see PDF file, Sec 5, Rule III)

Question 29

What can a person who wants to oppose a petition for notarial commission resort to as a legal action?

Answer 29

Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto. The opposition must be received by the Executive Judge before the date of the summary hearing.

Question 30

What is the form of notarial commission? (As a formal order signed by the Executive Judge)

Answer 30

See Section 7, Rule III

Question 31

What is the period of validity of certificate of authorization to purchase a notarial seal?

Answer 31

The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of three (3) months from date of issue, unless extended by the Executive Judge.

A mark, image, or impression of the seal that may be purchased by the notary public pursuant to the Certificate shall be presented to the Executive Judge for approval prior to use.

Question 32

What is the form of Certificate of Authorization to Purchase a Notarial Seal?

Answer 32

See Section 9 of Rule III

Question 33

What is the rule regarding Official Seal of Notary Public?

Answer 33

Every person commissioned as notary public shall have ONLY ONE official seal of office in accordance with these Rules.

Question 34

What is the jurisdiction and term of a person commissioned as notary public?

Answer 34

A person commissioned as notary public may perform notarial acts in ANY PLACE WITHIN THE TERRITORIAL JURISDICTION OF THE COMMISSIONING COURT FOR A PERIOD OF TWO (2) YEARS COMMENCING THE FIRST DAY OF JANUARY OF THE YEAR IN WHICH THE COMMISSIONING IS MADE, unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court.

Question 35

What is the duty of an Executive Judge when it comes to Register of Notaries Public?

Answer 35

The Executive Judge shall keep and maintain a Register of Notaries Public in his jurisdiction which shall contain, among others, the dates of issuance or revocation or suspension of notarial commissions, and the resignation or death of notaries public.

The Executive Judge shall furnish the Office of the Court Administrator information and data recorded in the register of notaries public.

The Office of the Court Administrator shall keep a permanent, complete and updated database of such records.

Question 36

When must a notary public apply for renewal of notarial commission? What is the consequence for failure to renew on time?

Answer 36

A notary public may file a written application with the Executive Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. A mark, image or impression of the seal of the notary public shall be attached to the application.

Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public.

The notary public thus removed from the Register of Notaries Public may only be reinstated therein after he is issued a new commission in accordance with these Rules.

Question 37

How many days does an Executive Judge have to act on an Application for Renewal of Commission?

Answer 37

The Executive Judge shall, upon payment of the application fee mentioned in Section 3 above of this Rule, act on an application for the renewal of a commission within thirty (30) days from receipt thereof. If the application is denied, the Executive Judge shall state the reasons therefor.

Question 38

What are the powers of a notary public (or what is a notary public empowered to perform)?

Answer 38

Powers:

(a) A notary public is empowered to perform the following notarial acts:

(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessing;
(5) copy certifications; and
(6) any other act authorized by these Rules.

(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if:

(1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument or document;
(2) both witnesses sign their own names in addition to the thumb or other mark;
(3) the notary public writes below the thumb or other mark: (See Section 1 of Rule IV); and
(4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing.

(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if:

(1) the notary public is directed by the person unable to sign or make a mark on his behalf;
(2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document;
(3) both witnesses sign their own names;
(4) the notary public writes below his signature: (See Section 1 of Rule IV); and
(5) the notary public notarizes his signature by acknowledgment or jurat.

Question 39

What are the Prohibitions for a notary public?

Answer 39

Prohibitions:

(a) A notary public shall NOT perform a notarial act outside his regular place of work or business; provided, HOWEVER, that on CERTAIN EXCEPTIONAL occasions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction:

(1) public offices, convention halls, and similar places where oaths of office may be administered;
(2) public function areas in hotels and similar places for the signing of instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and
(4) any place where a party to an instrument or document requiring notarization is under detention.

(b) A person shall NOT perform a notarial act if the person involved as signatory to the instrument or document

(1) is not in the notary’s presence personally at the time of the notarization; and
(2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules.

Question 40

What are the grounds for disqualification of a notary public? (3)

Answer 40

A notary public is disqualified from performing a notarial act if he:

(a) is a party to the instrument or document that is to be notarized;
(b) will receive as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, except as provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree.

Question 41

When may a notary public validly refuse to notarize? (3)

Answer 41

A notary public shall NOT perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if:

(a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former’s knowledge of the consequences of the transaction requiring a notarial act; and
(c) in the notary’s judgment, the signatory is not acting of his or her own free will.

Question 42

What is the duty of a notary public as regards False or Incomplete Certificate? (2)

Answer 42

A notary public shall NOT:

(a) execute a certificate containing information known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete.

Question 43

What is the duty of a notary public as regards Improper Instruments or Documents? (2)

Answer 43

A notary public shall NOT notarize:

(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate notarial certification