ACT No.
2103 (b) The person taking the acknowledgment shall certify that the
AN ACT PROVIDING FOR THE ACKNOWLEDGMENT AND
AUTHENTICATION OF INSTRUMENTS AND DOCUMENTS
WITHOUT THE PHILIPPINE ISLANDS.
By authority of the United States, be it enacted by the Philippine
Legislature, that:
Section 1. An instrument or document acknowledged and
authenticated in any State, Territory, the District of Columbia, or
dependency of the United States, shall be considered authentic if
the acknowledgment and authentication are made in accordance
with the following requirements:
(a) The acknowledgment shall be made before a notary public or
an officer duly authorized by law of the country to take
acknowledgments of instruments or documents in the place
where the act is done. The notary public or the officer taking the
acknowledgment shall certify that the person acknowledging the
instrument or document is known to him and that he is the same
person who executed it, and acknowledged that the same is his
free act and deed. The certificate shall be made under his official
seal, if he is by law required to keep a seal, and if not, his
certificate shall so state.
(b) The certificate of the notary public or the officer taking the
acknowledgment shall be authenticated by the country clerk or
his deputy, or by a clerk or deputy clerk of any court of record of
the county, municipality or judicial district wherein the
acknowledgment is taken, or by the secretary of state, executive
secretary, or other similar functionary of the state, territory, the
District of Columbia, or dependency of the United States, as the
case may be. The officer making the authentication shall certify
under the seal of his office or court that the person who took the
acknowledgment was at the time duly authorized to act as
notary public or that he was duly exercising the functions of the
office by virtue of which he assumed to act, and that as such he
had authority under the law to take acknowledgment of
instruments or documents in the place where the
acknowledgment was taken, and that his signature and seal, if
any, are genuine.
Section 2. An instrument or document acknowledged and
authenticated in a foreign country shall be considered authentic
if the acknowledgment and authentication are made in
accordance with the following requirements:
(a) The acknowledgment shall be made before (1) an
ambassador, minister, secretary of legation, chargé d’affaires,
consul, vice-consul, or consular agent of the United States,1
acting within the country or place to which he is accredited, or
(2) a notary public or officer duly authorized by law of the
country to take acknowledgments of instruments or documents
in the place where the act is done.
person acknowledging the instrument or document is known to
him, and that he is the same person who executed it, and
acknowledged that the same is his free act and deed. The
certificate shall be under his official seal, if he is by law required
to keep a seal, and if not, his certificate shall so state. In case the
acknowledgment is made before a notary public or an officer
mentioned in subdivision (2) of the preceding paragraph, the
certificate of the notary public or the officer taking the
acknowledgment shall be authenticated by an ambassador,
minister, secretary of legation, chargé d’affaires, consul, vice-
consul, or consular agent of the United States,2 acting within the
country or place to which he is accredited. The officer making
the authentication shall certify under his official seal that the
person who took the acknowledgment was at the time duly
authorized to act as notary public or that he was duly exercising
the functions of the office by virtue of which he assumed to act,
and that as such he had authority under the law to take
acknowledgment of instruments or documents in the place
where the acknowledgment was taken, and that his signature
and seal, if any, are genuine.
Section 3. Instruments or documents acknowledged and
authenticated in substantial conformity with the provisions of
this Act before the same takes effect shall be considered
authentic.
Section 4. This Act shall not be construed to repeal in any way
any of the provisions contained in Chapter X, Part I, of Act
Numbered One hundred and ninety,3 entitled "An Act providing
a code or procedure in civil actions and special proceedings in
the Philippine Islands."
Enacted, January 26, 1912.
Footnote
1 Now Republic of the Philippines.
2 Id.
3 Now Rule 130, Rules of Court.
1
The Old Notarial Law ( Act No. 2711 or the Revised
Administrative Code of the PH)
ARTICLE V
Notarial Register
SECTION 245. Notarial register. – Every notary public shall keep a
register to be known as the notarial register, wherein record
shall be made of all his official acts as notary; and he shall supply
a certified copy of such record, or any part thereof, to any
person applying for it and paying the legal fees therefor.
Such register shall be kept in books to be furnished by the
Attorney-General to any notary public upon request and upon
payment of the actual cost thereof, but officers exercising the
functions of notaries public ex officio shall be supplied with the
register at Government expense. The register shall be duly
paged, and on the first page the Attorney-General shall certify
the number of pages of which the book consist.
[2657–279.]
SECTION 246. Matters to be entered therein – The notary public
shall enter in such register, in chronological order, the nature of
each instrument executed, sworn to, or acknowledged before
him, the person executing, swearing to, or acknowledging the
instrument, the witnesses, if any, to the signature, the date of
the execution, oath, or acknowledgment of the instrument, the
fees collected by hint for his services as notary in connection
therewith, and; when the instrument is a contract, he shall keep
a correct copy thereof as part of his records, and shall likewise
enter in said records a brief description of the substance thereof,
and shall give to each entry a consecutive number, beginning
with number one in each calendar year. The notary shall give to
each instrument executed, sworn to, or acknowledged before
him a number corresponding to the one in his register, and shall
also state on the instrument the page or pages of his register on
which the same is recorded. No blank line shall be left between
entries.
When a notary public shall protest any draft, bill of exchange, or
promissory note, he shall make a full and true record in his
notarial register of all his proceedings in relation thereto, and
shall note therein whether the demand or the sum of money
therein mentioned was made, of whom, when, and where;
whether he presented such draft, bill, or note; whether notices
were given, to whom, and in what manner; where the same was
made, and when, and to whom, and where directed; and of
every other fact touching the same.
At the end of each week the notary shall certify in his register the
number of instruments executed, sworn to, acknowledged, or
protested before him; or if none such, certificate shall show this
fact.
[2657–280]
A certified copy of each month’s entries as described in this
section and a certified copy of any instrument acknowledged
before them shall within the first ten days of the month next
following be forwarded by the notaries public to the clerk of the
Court of First Instance of the province and shall be filed under
the responsibility of such officer: Provided, That if there is no
entry to certify for the month, the notary shall forward a
statement to this effect in lieu of the certified copies herein
required.
EO 292- Administrative Code of 1987
CHAPTER 10
OFFICIAL OATHS
Section 40. Oaths of Office for Public Officers and Employees. -
All public officers and employees of the government including
every member of the armed forces shall, before entering upon
the discharge of his duties, take an oath or affirmation to uphold
and defend the Constitution; that he will bear true faith and
allegiance to it; obey the laws, legal orders and decrees
promulgated by the duly constituted authorities; will well and
faithfully discharge to the best of his ability the duties of the
office or position upon which he is about to enter; and that he
voluntarily assumes the obligation imposed by his oath of office,
without mental reservation or purpose of evasion. Copies of the
oath shall be deposited with the Civil Service Commission and
the National Archives.
Section 41. Officers Authorized to Administer Oath. -
(1) The following officers have general authority to administer
oath: Notaries public, members of the judiciary, clerks of courts,
the Secretary of the either House of the Congress of the
Philippines, of departments, bureau directors, registers of deeds,
provincial governors and lieutenant-governors, city mayors,
municipal mayors and any other officer in the service of the
government of the Philippines whose appointment is vested in
the President.
(2) Oaths may also be administered by any officer whose duties,
as defined by law or regulation, require presentation to him of
any statement under oath..
Section 42. Duty to Administer Oath. - Officers authorized to
administer oaths, with the exception of notaries public,
municipal judges and clerks of court, are not obliged to
administer oaths or execute certificates save in matters of official
business; and with the exception of notaries public, the officer
performing the service in those matters shall charge no fee,
unless specifically authorized by law.
2
RA 7160- Local Government Code of 1991

‘Section 163. Presentation of Community Tax Certificate On

Certain Occasions. -

(a) When an individual subject to the community tax

acknowledges any document before a notary public, takes the
oath of office upon election or appointment to any position in
the government service; receives any license, certificate. or
permit from any public authority; pays any tax or free; receives
any money from any public fund; transacts other official
business; or receives any salary or wage from any person or
corporation with whom such transaction is made or business
done or from whom any salary or wage is received to require
such individual to exhibit the community tax certificate.

The presentation of community tax certificate shall not be

required in connection with the registration of a voter.

(b) When, through its authorized officers, any corporation

subject to the community tax receives any license, certificate, or
permit from any public authority, pays any tax or fee, receives
money from public funds, or transacts other official business, it
shall be the duty of the public official with whom such
transaction is made or business done, to require such
corporation to exhibit the community tax certificate.

(c) The community tax certificate required in the two preceding

paragraphs shall be the one issued for the current year, except
for the period from January until the fifteenth (15th) of April
each year, in which case, the certificate issued for the preceding
year shall suffice.

RA 8424- Tax Reform Act of 1997

Section 201. Effect of Failure to Stamp Taxable Document. - An

instrument, document or paper which is required by law to be
stamped and which has been signed, issued, accepted or
transferred without being duly stamped, shall not be recorded,
nor shall it or any copy thereof or any record of transfer of the
same be admitted or used in evidence in any court until the
requisite stamp or stamps are affixed thereto and cancelled.

3
A.M. No. 02-8-13-SC voluntary act and deed, and, if he acts in a particular
2004 Rules on Notarial Practice representative capacity, that he has the authority to sign in that
capacity.

RESOLUTION SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath”

Acting on the compliance dated 05 July 2004 and on the
proposed Rules on Notarial Practice of 2004 submitted by the
Sub-Committee for the Study, Drafting and Formulation of the
Rules Governing the Appointment of Notaries Public and the
Performance and Exercise of Their Official Functions, of the
Committees on Revision of the Rules of Court and on Legal
Education and Bar Matters, the Court Resolved to APPROVE the
proposed Rules on Notarial Practice of 2004, with modifications,
thus:chanroblesvirtuallawlibrary
refers to an act in which an individual on a single occasion: chan
robles virtual law library
(a) appears in person before the notary public; chan robles
virtual law library
(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 chan robles virtual law library
(c) avows under penalty of law to the whole truth of the
contents of the instrument or document.

2004 RULES ON NOTARIAL PRACTICE SEC. 3. Commission. - “Commission” refers to the grant of
authority to perform notarial acts and to the written evidence of
RULE I the authority.
IMPLEMENTATION
SEC. 4. Copy Certification. - “Copy Certification” refers to a
SECTION 1. Title. - These Rules shall be known as the 2004 Rules notarial act in which a notary public:chanroblesvirtuallawlibrary
on Notarial Practice.
(a) is presented with an instrument or document that is neither
SEC. 2. Purposes. - These Rules shall be applied and construed to a vital record, a public record, nor publicly recordable;
advance the following purposes:chanroblesvirtuallawlibrary (b) copies or supervises the copying of the instrument or
document;
(a) to promote, serve, and protect public interest; chan robles (c) compares the instrument or document with the copy; and
virtual law library (d) determines that the copy is accurate and complete.
(b) to simplify, clarify, and modernize the rules governing
notaries public; and SEC. 5. Notarial Register. - “Notarial Register” refers to a
(c) to foster ethical conduct among notaries public. chan robles permanently bound book with numbered pages containing a
virtual law library chronological record of notarial acts performed by a notary
public. chan robles virtual law library
SEC. 3. Interpretation. - Unless the context of these Rules
otherwise indicates, words in the singular include the plural, and SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a
words in the plural include the singular. single occasion:chanroblesvirtuallawlibrary

RULE II (a) appears in person before the notary public and presents an
DEFINITIONS instrument or document;
(b) is personally known to the notary public or identified by the
SECTION 1. Acknowledgment. - “Acknowledgment” refers to an notary public through competent evidence of identity as defined
act in which an individual on a single by these Rules; chan robles virtual law library
occasion:chanroblesvirtuallawlibrary (c) signs the instrument or document in the presence of the
notary; and
(a) appears in person before the notary public and presents an
(d) takes an oath or affirmation before the notary public as to
integrally complete instrument or document;
such instrument or document.
chan robles virtual law library
(b) is attested to be personally known to the notary public or SEC. 7. Notarial Act and Notarization. - “Notarial Act” and
identified by the notary public through competent evidence of “Notarization” refer to any act that a notary public is empowered
identity as defined by these Rules; and - to perform under these Rules.
chan robles virtual law library
(c) represents to the notary public that the signature on the SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the
instrument or document was voluntarily affixed by him for the part of, or attachment to, a notarized instrument or document
purposes stated in the instrument or document, declares that he that is completed by the notary public, bears the notary's
has executed the instrument or document as his free and signature and seal, and states the facts attested to by the notary
4
public in a particular notarization as provided for by these Rules.
chan robles virtual law library
SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary”
refer to any person commissioned to perform official acts under
these Rules.cralaw
SEC. 10. Principal. - “Principal” refers to a person appearing
before the notary public whose act is the subject of notarization.
chan robles virtual law library
SEC. 11. Regular Place of Work or Business. - The term “regular
place of work or business” refers to a stationary office in the city
or province wherein the notary public renders legal and notarial
services. chan robles virtual law library
SEC. 12. Competent Evidence of Identity. - The phrase
“competent evidence of identity” refers to the identification of
an individual based on:chanroblesvirtuallawlibrary
(a) at least one current identification document issued by an
official agency bearing the photograph and signature of the
individual; or chan robles virtual law library
(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.
SEC. 13. Official Seal or Seal. - “Official seal” or “Seal” 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.
SEC. 14. Signature Witnessing. - The term “signature witnessing”
refers to a notarial act in which an individual on a single
occasion: chan robles virtual law library
(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 chan robles virtual law library
(c) signs the instrument or document in the presence of the
notary public.
SEC. 15. Court. - “Court” refers to the Supreme Court of the
Philippines.
SEC. 16. Petitioner. - “Petitioner” refers to a person who applies
for a notarial commission.cralaw
SEC. 17. Office of the Court Administrator. - “Office of the Court
Administrator” refers to the Office of the Court Administrator of
the Supreme Court.cralaw
SEC. 18. Executive Judge. - “Executive Judge” refers to the
Executive Judge of the Regional Trial Court of a city or province
who issues a notarial commission.cralaw
SEC. 19. Vendor. - “Vendor” under these Rules refers to a seller
of a notarial seal and shall include a wholesaler or retailer. chan
robles virtual law library
SEC. 20. Manufacturer. - “Manufacturer” under these Rules
refers to one who produces a notarial seal and shall include an
engraver and seal maker. chan robles virtual law library
RULE III
COMMISSIONING OF NOTARY PUBLIC
SECTION 1. Qualifications. - A notarial commission may be issued
by an Executive Judge to any qualified person who submits a
petition in accordance with these Rules. chan robles virtual law
library
To be eligible for commissioning as notary public, the
petitioner:chanroblesvirtuallawlibrary
(1) must be a citizen of the Philippines; chan robles virtual law
library
(2) must be over twenty-one (21) years of age; chan robles
virtual law library
(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; chan robles
virtual law library
(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.
SEC. 2. Form of the Petition and Supporting Documents. - Every
petition for a notarial commission shall be in writing, verified,
and shall include the following:chanroblesvirtuallawlibrary
(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;
5
(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.
SEC. 3. Application Fee. - Every petitioner for a notarial
commission shall pay the application fee as prescribed in the
Rules of Court. chan robles virtual law library
SEC. 4. Summary Hearing on the Petition. - The Executive Judge
shall conduct a summary hearing on the petition and shall grant
the same if:chanroblesvirtuallawlibrary
(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. chan robles virtual law library
SEC. 5. Notice of Summary Hearing. -
(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 be borne by the
petitioner. The notice may include more than one petitioner.
(b) The notice shall be substantially in the following
form:chanroblesvirtuallawlibrary
NOTICE OF HEARING
Notice is hereby given that a summary hearing on the petition
for notarial commission of (name of petitioner) shall be held on
(date) at (place) at (time). Any person who has any cause or
reason to object to the grant of the petition may file a verified
written opposition thereto, received by the undersigned before
the date of the summary hearing.chanrobles virtual law library
chan robles virtual law library
_____________________
Executive Judge
SEC. 6. Opposition to Petition. - 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.
chan robles virtual law library
SEC. 7. Form of Notarial Commission. - The commissioning of a
notary public shall be in a formal order signed by the Executive
Judge substantially in the following
form:chanroblesvirtuallawlibrary
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF ______________
This is to certify that (name of notary public) of (regular place of
work or business) in (city or province) was on this (date) day of
(month) two thousand and (year) commissioned by the
undersigned as a notary public, within and for the said
jurisdiction, for a term ending the thirty-first day of December
(year) chan robles virtual law library
________________________
Executive Judge
SEC. 8. Period Of Validity of Certificate of Authorization to
Purchase a Notarial Seal. - 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.cralaw
SEC. 9. Form of Certificate of Authorization to Purchase a
Notarial Seal. - The Certificate of Authorization to Purchase a
Notarial Seal shall substantially be in the following
form:chanroblesvirtuallawlibrary
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF_____________ chan robles virtual
law library
CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL chan robles virtual law library
This is to authorize (name of notary public) of (city or province)
who was commissioned by the undersigned as a notary public,
within and for the said jurisdiction, for a term ending, the thirty-
first of December (year) to purchase a notarial seal.chanrobles
virtual law library chan robles virtual law library
Issued this (day) of (month) (year).
________________________
Executive Judge
SEC. 10. Official Seal of Notary Public. - Every person
commissioned as notary public shall have only one official seal of
office in accordance with these Rules.
6
SEC. 11. Jurisdiction and Term. - A person commissioned as (b) A notary public is authorized to certify the affixing of a
notary public may perform notarial acts in any place within the signature by thumb or other mark on an instrument or document
territorial jurisdiction of the commissioning court for a period of presented for notarization if:chanroblesvirtuallawlibrary
two (2) years commencing the first day of January of the year in
which the commissioning is made, unless earlier revoked or the (1) the thumb or other mark is affixed in the presence of the
notary public has resigned under these Rules and the Rules of notary public and of two (2) disinterested and unaffected
Court. chan robles virtual law library witnesses to the instrument or document;
(2) both witnesses sign their own names in addition to the
SEC. 12. Register of Notaries Public. - The Executive Judge shall thumb or other mark;
keep and maintain a Register of Notaries Public in his jurisdiction (3) the notary public writes below the thumb or other mark:
which shall contain, among others, the dates of issuance or "Thumb or Other Mark affixed by (name of signatory by mark) in
revocation or suspension of notarial commissions, and the the presence of (names and addresses of witnesses) and
resignation or death of notaries public. The Executive Judge shall undersigned notary public"; and chan robles virtual law library
furnish the Office of the Court Administrator information and (4) the notary public notarizes the signature by thumb or other
data recorded in the register of notaries public. The Office of the mark through an acknowledgment, jurat, or signature
Court Administrator shall keep a permanent, complete and witnessing.
updated database of such records. chan robles virtual law library
(c) A notary public is authorized to sign on behalf of a person
SEC. 13. Renewal of Commission. - A notary public may file a who is physically unable to sign or make a mark on an instrument
written application with the Executive Judge for the renewal of or document if:chanroblesvirtuallawlibrary
his commission within forty-five (45) days before the expiration
thereof. A mark, image or impression of the seal of the notary (1) the notary public is directed by the person unable to sign or
public shall be attached to the application.cralaw make a mark to sign on his behalf;
(2) the signature of the notary public is affixed in the presence
Failure to file said application will result in the deletion of the of two disinterested and unaffected witnesses to the instrument
name of the notary public in the register of notaries or document;
public.cralaw (3) both witnesses sign their own names ;
(4) the notary public writes below his signature: “Signature
The notary public thus removed from the Register of Notaries affixed by notary in presence of (names and addresses of person
Public may only be reinstated therein after he is issued a new and two [2] witnesses)”; and
commission in accordance with these Rules. chan robles virtual (5) the notary public notarizes his signature by acknowledgment
law library or jurat.

SEC. 14. Action on Application for Renewal of Commission. - 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.cralaw
SEC. 2. 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: chan robles virtual law library

RULE IV (1) public offices, convention halls, and similar places where
POWERS AND LIMITATIONS OF NOTARIES PUBLIC oaths of office may be administered;
(2) public function areas in hotels and similar places for the
SECTION 1. Powers. - (a) A notary public is empowered to
signing of instruments or documents requiring notarization;
perform the following notarial acts:chanroblesvirtuallawlibrary
(3) hospitals and other medical institutions where a party to an
(1) acknowledgments; instrument or document is confined for treatment; and
(2) oaths and affirmations; (4) any place where a party to an instrument or document
(3) jurats; chan robles virtual law library requiring notarization is under detention.
(4) signature witnessings;
(b) A person shall not perform a notarial act if the person
(5) copy certifications; and
involved as signatory to the instrument or document -
(6) any other act authorized by these Rules.
(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

7
identified by the notary public through competent evidence of perform a notarial act if the notary public and the person
identity as defined by these Rules. chan robles virtual law library requesting the notarial act agree prior to the travel.cralaw

SEC. 3. Disqualifications. - A notary public is disqualified from SEC. 3. Prohibited Fees. – No fee or compensation of any kind,
performing a notarial act if he:chanroblesvirtuallawlibrary except those expressly prescribed and allowed herein, shall be
collected or received for any notarial service.cralaw
(a) is a party to the instrument or document that is to be
notarized; chan robles virtual law library SEC. 4. Payment or Refund of Fees. - A notary public shall not
(b) will receive, as a direct or indirect result, any commission, require payment of any fees specified herein prior to the
fee, advantage, right, title, interest, cash, property, or other performance of a notarial act unless otherwise agreed upon.
consideration, except as provided by these Rules and by law; or chan robles virtual law library
(c) is a spouse, common-law partner, ancestor, descendant, or
relative by affinity or consanguinity of the principal within the Any travel fees and expenses paid to a notary public prior to the
fourth civil degree. chan robles virtual law library performance of a notarial act are not subject to refund if the
notary public had already traveled but failed to complete in
SEC. 4. Refusal to Notarize. - A notary public shall not perform whole or in part the notarial act for reasons beyond his control
any notarial act described in these Rules for any person and without negligence on his part.cralaw
requesting such an act even if he tenders the appropriate fee
specified by these Rules if:chanroblesvirtuallawlibrary SEC. 5. Notice of Fees. - A notary public who charges a fee for
notarial services shall issue a receipt registered with the Bureau
(a) the notary knows or has good reason to believe that the of Internal Revenue and keep a journal of notarial fees. He shall
notarial act or transaction is unlawful or immoral; enter in the journal all fees charged for services rendered. chan
(b) the signatory shows a demeanor which engenders in the robles virtual law library
mind of the notary public reasonable doubt as to the former's
knowledge of the consequences of the transaction requiring a A notary public shall post in a conspicuous place in his office a
notarial act; and complete schedule of chargeable notarial fees.cralaw
(c) in the notary's judgment, the signatory is not acting of his or
RULE VI
her own free will.
NOTARIAL REGISTER
SEC. 5. False or Incomplete Certificate. - A notary public shall not:
SECTION 1. Form of Notarial Register. - (a) A notary public shall
chan robles virtual law library
keep, maintain, protect and provide for lawful inspection as
(a) execute a certificate containing information known or provided in these Rules, a chronological official notarial register
believed by the notary to be false. of notarial acts consisting of a permanently bound book with
(b) affix an official signature or seal on a notarial certificate that numbered pages. chan robles virtual law library
is incomplete. chan robles virtual law library
The register shall be kept in books to be furnished by the
SEC. 6. Improper Instruments or Documents. - A notary public Solicitor General to any notary public upon request and upon
shall not notarize:chanroblesvirtuallawlibrary payment of the cost thereof. The register shall be duly paged,
and on the first page, the Solicitor General shall certify the
(a) a blank or incomplete instrument or document; or chan number of pages of which the book consists.cralaw
robles virtual law library
(b) an instrument or document without appropriate notarial For purposes of this provision, a Memorandum of Agreement or
certification. Understanding may be entered into by the Office of the Solicitor
General and the Office of the Court Administrator. chan robles
RULE V virtual law library
FEES OF NOTARY PUBLIC
(b) A notary public shall keep only one active notarial register at
SECTION 1. Imposition and Waiver of Fees. - For performing a any given time.cralaw
notarial act, a notary public may charge the maximum fee as
prescribed by the Supreme Court unless he waives the fee in SEC. 2. Entries in the Notarial Register. - (a) For every notarial
whole or in part. act, the notary shall record in the notarial register at the time of
chan robles virtual law library notarization the following: chan robles virtual law library
SEC. 2. Travel Fees and Expenses. - A notary public may charge
(1) the entry number and page number; chan robles virtual law
travel fees and expenses separate and apart from the notarial
library
fees prescribed in the preceding section when traveling to
8
(2) the date and time of day of the notarial act;
(3) the type of notarial act; chan robles virtual law library
(4) the title or description of the instrument, document or
proceeding;
(5) the name and address of each principal; chan robles virtual
law library
(6) the competent evidence of identity as defined by these Rules
if the signatory is not
personally known to the notary; chan robles virtual law library
(7) the name and address of each credible witness swearing to or
affirming the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if not in
the notary's regular place of work or business; and
(10) any other circumstance the notary public may deem of
significance or relevance.
(b) A notary public shall record in the notarial register the
reasons and circumstances for not completing a notarial act.
(c) A notary public shall record in the notarial register the
circumstances of any request to inspect or copy an entry in the
notarial register, including the requester's name, address,
signature, thumbmark or other recognized identifier, and
evidence of identity. The reasons for refusal to allow inspection
or copying of a journal entry shall also be recorded.cralaw
(d) When the instrument or document is a contract, the notary
public shall keep an original copy thereof as part of his records
and enter in said records a brief description of the substance
thereof and shall give to each entry a consecutive number,
beginning with number one in each calendar year. He shall also
retain a duplicate original copy for the Clerk of Court.cralaw
(e) The notary public shall give to each instrument or document
executed, sworn to, or acknowledged before him a number
corresponding to the one in his register, and shall also state on
the instrument or document the page/s of his register on which
the same is recorded. No blank line shall be left between
entries.cralaw
(f) In case of a protest of any draft, bill of exchange or promissory
note, the notary public shall make a full and true record of all
proceedings in relation thereto and shall note therein whether
the demand for the sum of money was made, by whom, when,
and where; whether he presented such draft, bill or note;
whether notices were given, to whom and in what manner;
where the same was made, when and to whom and where
directed; and of every other fact touching the same.cralaw
(g) At the end of each week, the notary public shall certify in his
notarial register the number of instruments or documents
executed, sworn to, acknowledged, or protested before him; or if
none, this certificate shall show this fact.cralaw
(h) A certified copy of each month's entries and a duplicate
original copy of any instrument acknowledged before the notary
public shall, within the first ten (10) days of the month following,
be forwarded to the Clerk of Court and shall be under the
responsibility of such officer. If there is no entry to certify for the
month, the notary shall forward a statement to this effect in lieu
of certified copies herein required.cralaw
SEC. 3. Signatures and Thumbmarks. - At the time of
notarization, the notary's notarial register shall be signed or a
thumb or other mark affixed by each:chanroblesvirtuallawlibrary
(a) principal;
(b) credible witness swearing or affirming to the identity of a
principal; and
(c) witness to a signature by thumb or other mark, or to a signing
by the notary public on behalf of a person physically unable to
sign.
SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's
presence, any person may inspect an entry in the notarial
register, during regular business hours, provided;
(1) the person's identity is personally known to the notary public
or proven through competent evidence of identity as defined in
these Rules;
(2) the person affixes a signature and thumb or other mark or
other recognized identifier, in the notarial register in a separate,
dated entry;
(3) the person specifies the month, year, type of instrument or
document, and name of the principal in the notarial act or acts
sought; and
(4) the person is shown only the entry or entries specified by
him.
(b) The notarial register may be examined by a law enforcement
officer in the course of an official investigation or by virtue of a
court order.
(c) If the notary public has a reasonable ground to believe that a
person has a criminal intent or wrongful motive in requesting
information from the notarial register, the notary shall deny
access to any entry or entries therein.cralaw
SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In
case the notarial register is stolen, lost, destroyed, damaged, or
otherwise rendered unusable or illegible as a record of notarial
acts, the notary public shall, within ten (10) days after informing
the appropriate law enforcement agency in the case of theft or
vandalism, notify the Executive Judge by any means providing a
proper receipt or acknowledgment, including registered mail and
also provide a copy or number of any pertinent police
report.cralaw
9
(b) Upon revocation or expiration of a notarial commission, or
death of the notary public, the notarial register and notarial
records shall immediately be delivered to the office of the
Executive Judge.cralaw
SEC. 6. Issuance of Certified True Copies. - The notary public shall
supply a certified true copy of the notarial record, or any part
thereof, to any person applying for such copy upon payment of
the legal fees.cralaw
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. – In notarizing a paper instrument
or document, a notary public shall:chanroblesvirtuallawlibrary
(a) sign by hand on the notarial certificate only the name
indicated and as appearing on the notary's commission; chan
robles virtual law library
(b) not sign using a facsimile stamp or printing device; and
(c) affix his official signature only at the time the notarial act is
performed.
SEC. 2. Official Seal. - (a) Every person commissioned as notary
public shall have a seal of office, to be procured at his own
expense, which shall not be possessed or owned by any other
person. It shall be of metal, circular in shape, two inches in
diameter, and shall have the name of the city or province and
the word “Philippines” and his own name on the margin and the
roll of attorney's number on the face thereof, with the words
"notary public" across the center. A mark, image or impression of
such seal shall be made directly on the paper or parchment on
which the writing appears.
(b) The official seal shall be affixed only at the time the notarial
act is performed and shall be clearly impressed by the notary
public on every page of the instrument or document notarized.
chan robles virtual law library
(c) When not in use, the official seal shall be kept safe and secure
and shall be accessible only to the notary public or the person
duly authorized by him. chan robles virtual law library
(d) Within five (5) days after the official seal of a notary public is
stolen, lost, damaged or other otherwise rendered unserviceable
in affixing a legible image, the notary public, after informing the
appropriate law enforcement agency, shall notify the Executive
Judge in writing, providing proper receipt or acknowledgment,
including registered mail, and in the event of a crime committed,
provide a copy or entry number of the appropriate police record.
Upon receipt of such notice, if found in order by the Executive
Judge, the latter shall order the notary public to cause notice of
such loss or damage to be published, once a week for three (3)
consecutive weeks, in a newspaper of general circulation in the
city or province where the notary public is commissioned.
Thereafter, the Executive Judge shall issue to the notary public a
new Certificate of Authorization to Purchase a Notarial
Seal.cralaw
(e) Within five (5) days after the death or resignation of the
notary public, or the revocation or expiration of a notarial
commission, the official seal shall be surrendered to the
Executive Judge and shall be destroyed or defaced in public
during office hours. In the event that the missing, lost or
damaged seal is later found or surrendered, it shall be delivered
by the notary public to the Executive Judge to be disposed of in
accordance with this section. Failure to effect such surrender
shall constitute contempt of court. In the event of death of the
notary public, the person in possession of the official seal shall
have the duty to surrender it to the Executive Judge.cralaw
SEC. 3. Seal Image. - The notary public shall affix a single, clear,
legible, permanent, and photographically reproducible mark,
image or impression of the official seal beside his signature on
the notarial certificate of a paper instrument or
document.cralaw
SEC. 4. Obtaining and Providing Seal. - (a) A vendor or
manufacturer of notarial seals may not sell said product without
a written authorization from the Executive Judge.cralaw
(b) Upon written application and after payment of the
application fee, the Executive Judge may issue an authorization
to sell to a vendor or manufacturer of notarial seals after
verification and investigation of the latter's qualifications. The
Executive Judge shall charge an authorization fee in the amount
of PhP 4,000 for the vendor and PhP 8,000 for the manufacturer.
If a manufacturer is also a vendor, he shall only pay the
manufacturer's authorization fee.cralaw
(c) The authorization shall be in effect for a period of four (4)
years from the date of its issuance and may be renewed by the
Executive Judge for a similar period upon payment of the
authorization fee mentioned in the preceding paragraph.cralaw
(d) A vendor or manufacturer shall not sell a seal to a buyer
except upon submission of a certified copy of the commission
and the Certificate of Authorization to Purchase a Notarial Seal
issued by the Executive Judge. A notary public obtaining a new
seal as a result of change of name shall present to the vendor or
manufacturer a certified copy of the Confirmation of the Change
of Name issued by the Executive Judge.cralaw
(e) Only one seal may be sold by a vendor or manufacturer for
each Certificate of Authorization to Purchase a Notarial
Seal.cralaw
(f) After the sale, the vendor or manufacturer shall affix a mark,
image or impression of the seal to the Certificate of
Authorization to Purchase a Notarial Seal and submit the
10
completed Certificate to the Executive Judge. Copies of the
Certificate of Authorization to Purchase a Notarial Seal and the
buyer's commission shall be kept in the files of the vendor or
manufacturer for four (4) years after the sale.cralaw
(g) A notary public obtaining a new seal as a result of change of
name shall present to the vendor a certified copy of the order
confirming the change of name issued by the Executive
Judge.cralaw
RULE VIII
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. - The notarial form used
for any notarial instrument or document shall conform to all the
requisites prescribed herein, the Rules of Court and all other
provisions of issuances by the Supreme Court and in applicable
laws. chan robles virtual law library
SEC. 2. Contents of the Concluding Part of the Notarial
Certificate. – The notarial certificate shall include the
following:chanroblesvirtuallawlibrary
(a) the name of the notary public as exactly indicated in the
commission;
(b) the serial number of the commission of the notary public;
(c) the words "Notary Public" and the province or city where the
notary public is commissioned, the expiration date of the
commission, the office address of the notary public; and
(d) the roll of attorney's number, the professional tax receipt
number and the place and date of issuance thereof, and the IBP
membership number.
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
SECTION 1. Certificate of Authority for a Notarial Act. - A
certificate of authority evidencing the authenticity of the official
seal and signature of a notary public shall be issued by the
Executive Judge upon request in substantially the following form:
chan robles virtual law library
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
I, (name, title, jurisdiction of the Executive Judge), certify that
(name of notary public), the person named in the seal and
signature on the attached document, is a Notary Public in and for
the (City/Municipality/Province) of the Republic of the
Philippines and authorized to act as such at the time of the
document's notarization.chanrobles virtual law library chan
robles virtual law library
IN WITNESS WHEREOF, I have affixed below my signature and
seal of this office this (date) day of (month) (year).chanrobles
virtual law library chan robles virtual law library
_________________
(official signature)
(seal of Executive Judge)
RULE X
CHANGES OF STATUS OF NOTARY PUBLIC
SECTION 1. Change of Name and Address. -
Within ten (10) days after the change of name of the notary
public by court order or by marriage, or after ceasing to maintain
the regular place of work or business, the notary public shall
submit a signed and dated notice of such fact to the Executive
Judge.
The notary public shall not notarize
until:chanroblesvirtuallawlibrary
(a) he receives from the Executive Judge a confirmation of the
new name of the notary public and/or change of regular place of
work or business; and
(b) a new seal bearing the new name has been obtained.
The foregoing notwithstanding, until the aforementioned steps
have been completed, the notary public may continue to use the
former name or regular place of work or business in performing
notarial acts for three (3) months from the date of the change,
which may be extended once for valid and just cause by the
Executive Judge for another period not exceeding three (3)
months.
SEC. 2. Resignation. - A notary public may resign his commission
by personally submitting a written, dated and signed formal
notice to the Executive Judge together with his notarial seal,
notarial register and records. Effective from the date indicated in
the notice, he shall immediately cease to perform notarial acts.
In the event of his incapacity to personally appear, the
submission of the notice may be performed by his duly
authorized representative.cralaw
SEC. 3. Publication of Resignation. - The Executive Judge shall
immediately order the Clerk of Court to post in a conspicuous
place in the offices of the Executive Judge and of the Clerk of
Court the names of notaries public who have resigned their
notarial commissions and the effective dates of their
resignation.cralaw
RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS
SECTION 1. Revocation and Administrative Sanctions. - (a) The
Executive Judge shall revoke a notarial commission for any
ground on which an application for a commission may be denied.
chan robles virtual law library
11
(b) In addition, the Executive Judge may revoke the commission post in a conspicuous place in the offices of the Executive Judge
of, or impose appropriate administrative sanctions upon, any and of the Clerk of Court the names of notaries public who have
notary public who:chanroblesvirtuallawlibrary been administratively sanctioned or whose notarial commissions
have been revoked.cralaw
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his notarial SEC. 4. Death of Notary Public. - If a notary public dies before
register concerning his notarial acts; fulfilling the obligations in Section 4(e), Rule VI and Section 2(e),
(3) fails to send the copy of the entries to the Executive Judge Rule VII, the Executive Judge, upon being notified of such death,
within the first ten (10) days of the month following; shall forthwith cause compliance with the provisions of these
(4) fails to affix to acknowledgments the date of expiration of his sections. chan robles virtual law library
commission;
(5) fails to submit his notarial register, when filled, to the RULE XII
Executive Judge; SPECIAL PROVISIONS
(6) fails to make his report, within a reasonable time, to the
SECTION 1. Punishable Acts. - The Executive Judge shall cause the
Executive Judge concerning the performance of his duties, as
prosecution of any person who:chanroblesvirtuallawlibrary
may be required by the judge;
(7) fails to require the presence of a principal at the time of the (a) knowingly acts or otherwise impersonates a notary public;
notarial act; chan robles virtual law library
(8) fails to identify a principal on the basis of personal knowledge (b) knowingly obtains, conceals, defaces, or destroys the seal,
or competent evidence; notarial register, or official records of a notary public; and
(9) executes a false or incomplete certificate under Section 5, (c) knowingly solicits, coerces, or in any way influences a notary
Rule IV; public to commit official misconduct.
(10) knowingly performs or fails to perform any other act
prohibited or mandated by these Rules; and SEC 2. Reports to the Supreme Court. - The Executive Judge
(11) commits any other dereliction or act which in the judgment concerned shall submit semestral reports to the Supreme Court
of the Executive Judge constitutes good cause for revocation of on discipline and prosecution of notaries public.
commission or imposition of administrative sanction.
RULE XIII
(c) Upon verified complaint by an interested, affected or REPEALING AND EFFECTIVITY PROVISIONS
aggrieved person, the notary public shall be required to file a
verified answer to the complaint. If the answer of the notary SECTION 1. Repeal. - All rules and parts of rules, including
public is not satisfactory, the Executive Judge shall conduct a issuances of the Supreme Court inconsistent herewith, are
summary hearing. If the allegations of the complaint are not hereby repealed or accordingly modified. chan robles virtual law
proven, the complaint shall be dismissed. If the charges are duly library
established, the Executive Judge shall impose the appropriate
SEC. 2. Effective Date. - These Rules shall take effect on the first
administrative sanctions. In either case, the aggrieved party may
day of August 2004, and shall be published in a newspaper of
appeal the decision to the Supreme Court for review. Pending
general circulation in the Philippines which provides sufficiently
the appeal, an order imposing disciplinary sanctions shall be
wide circulation.
immediately executory, unless otherwise ordered by the
Supreme Court. Promulgated this 6th day of July, 2004. chan robles virtual law
library
(d) The Executive Judge may motu proprio initiate administrative
proceedings against a notary public, subject to the procedures Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-
prescribed in paragraph (c) above and impose the appropriate Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona,
administrative sanctions on the grounds mentioned in the Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.cralaw
preceding paragraphs (a) and (b).cralaw

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

Executive Judge shall at all times exercise supervision over
notaries public and shall closely monitor their activities. chan
robles virtual law library

SEC. 3. Publication of Revocations and Administrative Sanctions. -

The Executive Judge shall immediately order the Clerk of Court to

12
CIRCULAR NO. 1-90 February 26, 1990 Jr. vs. Marcos, Adm. Matter No. 1969-MJ, June 29, 1982, 114
SCRA 572); and, (2) certification be made in the notarized
TO: ALL JUDGES OF THE METROPOLITAN TRIAL COURTS (METC), documents attesting to the lack of any lawyer or notary public in
MUNICIPAL TRIAL COURTS IN CITIES (MTCC), MUNICIPAL TRIAL such municipality or circuit.
COURTS (MTC), MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)
SHARI'A COURTS, AND THE INTEGRATED BAR OF THE
PHILIPPINES (IBP)

SUBJECT: POWER OF THE MUNICIPAL TRIAL COURT JUDGES AND

MUNICIPAL CIRCUIT TRIAL COURT JUDGES TO ACT AS NOTARIES
PUBLIC EX OFFICIO

For the information and guidance of all concerned, quoted

hereunder, is the Resolution of the Court En Banc, dated
December 19, 1989, in Administrative Matter No. 89-11-1303
MTC, "Re: Request for clarification on the power of municipal
trial court judges and municipal circuit trial court judges to act as
Notaries Public Ex Officio":

Acting on a query regarding the power of municipal trial court

judges and municipal circuit trial court judges to act in the
capacity of notaries public ex officio in the light of the 1989 Code
of Judicial Conduct, the Court Resolved to issue a clarification on
the matter.

Municipal trial court (MTC) and municipal circuit trial court

(MCTC) judges are empowered to perform the function of
notaries public ex officio under Section 76 of Republic Act No.
296, as amended (otherwise known as the Judiciary Act of 1948)
and Section 242 of the Revised Administrative Code. But the
Court hereby lays down the following qualifications on the scope
of this power:

MTC and MCTC judges may act as notaries public ex officio in the
notarization of documents connected only with the exercise of
their official functions and duties [Borne v. Mayo, Adm. Matter
No. 1765-CFI, October 17, 1980. 100 SCRA 314; Penera v.
Dalocanog, Adm. Matter No. 2113-MJ, April 22, 1981, 104 SCRA
193.] They may not, as notaries public ex officio, undertake the
preparation and acknowledgment of private documents,
contracts and other acts of conveyances which bear no direct
relation to the performance of their functions as judges. The
1989 Code of Judicial Conduct not only enjoins judges to regulate
their extra-judicial activities in order to minimize the risk of
conflict with their judicial duties, but also prohibits them from
engaging in the private practice of law (Canon 5 and Rule 5.07).

However, the Court, taking judicial notice of the fact that there
are still municipalities which have neither lawyers nor notaries
public, rules that MTC and MCTC judges assigned to
municipalities or circuits with no lawyers or notaries public may,
in the capacity as notaries public ex officio, perform any act
within the competency of a regular notary public, provided that:
(1) all notarial fees charged be for the account of the
Government and turned over to the municipal treasurer (Lapena,

13