DISBARMENT & DISCIPLINE OF ATTORNEYS

Rule 139-B
Section 1. How instituted. - Proceedings for disbarment,
suspension or discipline of attorneys may be taken by the Supreme
Court motu proprio, or by the Integrated Bar of the Philippines
(IBP) upon the verified complaint of any person. The complaint
shall state clearly and concisely the facts complained of and
shall be supported by affidavits of persons having personal
knowledge of the facts therein alleged and/or by such documents
as may substantiate said facts. chanrobles virtua law library
.
The IBP Board of Governors may, motu proprio or upon
referral by the Supreme Court or by a Chapter Board of
Officers, or at the instance of any person, initiate and
prosecute
proper
charges
against
erring
attorneys
including those in the government service; Provided,
however, that all charges against Justices of the Court of
Tax Appeals and the Sandiganbayan, and Judges of the Court
of Tax Appeals and lower courts, even if lawyers are
jointly charged with them, shall be filed with the Supreme
Court; Provided, further, that charges filed against
Justices and Judges before the IBP, including those filed
prior to their appointment in the Judiciary, shall
immediately be forwarded to the Supreme Court for
disposition and adjudication.
Six (6) copies of the verified complaint shall be filed
with the Secretary of the IBP or the Secretary of any of its
chapters
who
shall
forthwith
transmit
the
same
to
the IBP Board
of
Governors
for
assignment
to
an
investigator. (As amended by Bar Matter No. 1960).
A. PROCEEDINGS IN THE
INTEGRATED BAR OF THE PHILIPPINES
Sec. 2. National Grievance Investigator. - The Board of Governors
shall appoint from among IBP members an Investigator or, when
special
circumstances
so
warrant,
a
panel
of
three(3)
investigators to investigate the complaint All Investigators
shall take an oath of office in the form prescribed by the Board

of Governors. A copy of the Investigator's appointment and oath

shall be transmitted to the Supreme Court.
An
Investigator
may
be
disqualified
by
reason
of
relationship within the fourth degree of consanguinity or
affinity to any of the parties or their counsel, pecuniary
interest, personal bias, or his having acted as counsel for
either party, unless the parties sign and enter upon the
record their written consent to his acting as such
Investigator. Where the Investigator does not disqualify
himself, a party may appeal to the IBP Board of Governors,
which by majority vote of the members present, there being a
quorum, may order his disqualification.
Any Investigator may also be removed for cause, after due
hearing, by the vote of at least six (6) members of the IBP
Board Governors. The decision of the Board of Governors in
all cases of disqualification or removal shall be final.
Sec. 3. Duties of the National Grievance Investigator. - The
National Grievance Investigators shall investigate all complaint
against members of the Integrated Bar referred to them by the IBP
Board of Governors.
Sec. 4. Chapter assistance to complainant. - The proper IBP
Chapter may assist the complainant(s) in the preparation and
filing
of
his
complaint(s). chanrobles
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Sec. 5. Service or dismissal. - If the complaint appears to be
meritorious, the Investigator shall direct that a copy thereof be
served upon the respondent, requiring him to answer the same
within fifteen (15) days from the date of service. If the
complaint does not merit action, or if the answer shows to the
satisfaction of the Investigator that the complaint is not
meritorious, the same may be dismissed by the Board of Governors
upon his recommendation. A copy of the resolution of dismissal
shall be furnished the complainant and the Supreme Court which
may review the case motu proprio or upon timely appeal of the
complainant filed within 15 days from notice of the dismissal of
the
complainant.
No investigation shall be interrupted or terminated by reason of
the desistance, settlement, compromise, restitution, withdrawal
of the charges, or failure of the complainant to prosecute the
same.

Sec. 6. Verification and service of answer. - The answer shall be

verified. The original and five (5) legible copies of the answer
shall be filed with the Investigator, with proof of service of a
copy thereof on the complainant or his counsel.
Sec. 7. Administrative counsel. - The IBP Board of Governors
shall appoint a suitable member of the Integrated Bar as counsel
to assist the complainant or the respondent during the
investigation in case of need for such assistance.
Sec. 8. Investigation. - Upon joinder of issues or upon failure
of the respondent to answer, the Investigator shall, with
deliberate speed, proceed with the investigation of the case. He
shall have the power to issue subpoenas and administer oaths. The
respondent shall be given full opportunity to defend himself, to
present witnesses on his behalf and be heard by himself and
counsel. However, if upon reasonable notice, the respondent fails
to
appear,
the
investigation
shall
proceed ex
parte.
The Investigator shall terminate the investigation within three
(3) months from the date of its commencement unless extended for
good cause by the Board of Governors upon prior application.
Willfull failure or refusal to obey a subpoena or any other
lawful order issued by the Investigator shall be dealt with as
for indirect contempt of court. The corresponding charge shall
be filed by the Investigator before the IBP Board of Governors
which shall require the alleged contemnor to show cause within
ten (10) days from notice. The IBP Board of Governors may
thereafter conduct hearings, if necessary, in accordance with the
procedure set forth in this Rule for hearings before the
Investigator. Such hearing shall, as far as practicable, be
terminated within fifteen (15) days from its commencement.
Thereafter, the IBP Board of Governors shall within like period
fifteen (15) days issue a resolution setting forth its findings
and recommendations, which `shall forthwith be transmitted to the
Supreme Court for final action and if warranted, the imposition
of
penalty.
Sec. 9. Depositions. - Depositions may be taken in accordance
with
the
Rules
of
Court
with
leave
of
the
investigator(s). chanrobles
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Within the Philippines, depositions may be taken before

any
member of the Board of Governors, the President of any Chapter,
or any officer authorized by law to administer oaths.
Depositions may be taken outside the Philippines before a
diplomatic
or
consular
representative
of
the
Philippine
Government or before any person agreed upon by the parties or
designated
by
the
Board
of
Governors.
Any suitable members of the Integrated Bar in the place where a
deposition shall be taken may be designated by the Investigator
to assist the complainant or the respondent in taking a
deposition.
Sec. 10. Report of Investigator. - Not later than thirty (30)
days from the termination of the investigation, the Investigator
shall submit a report containing his findings of fact and
recommendations to the IBP Board of Governors, together with the
stenographic notes and the transcripts thereof and all the
evidence presented during the investigation. The submission of
the report need not await the transcription of the stenographic
notes,
it
being
sufficient
that
the
report
reproduce
substantially from the Investigator's personal notes any relevant
and
pertinent
testimonies.
Sec. 11. Defects. - No defect in a complaint, notice, answer, or
in the proceeding or the Investigator's Report shall be
considered as substantial unless the Board of Governors, upon
considering the whole record, finds that such defect has resulted
or may result in a miscarriage of justice, in which event the
Board shall take such remedial action as the circumstance may
warrant,
including
invalidation
of
the
entire
proceedings. chanrobles virtua law library
Sec. 12. View and decision by the Board of Governors. (a) Every case heard by an investigator shall be reviewed by the
IBP Board of Governors upon the record and evidence transmitted
to it by the Investigator with his report. The decision of the
Board upon such review shall be in writing and shall clearly and
distinctly state the facts and the reasons on which it is based.
It shall be promulgated within a period not exceeding thirty (30)

days from the next meeting of the Board following the submittal
of
the
Investigator's
Report
(b) If the Board, by the vote of a majority of its total
membership, determines that the respondent should be suspended
from the practice of law or disbarred, it shall issue a
resolution setting forth its findings and recommendations which,
together with the whole record of the case, shall forthwith be
transmitted
to
the
Supreme
Court
for
final
action.
(c) If the respondent is exonerated by the Board or the
disciplinary sanction imposed by it is less than suspension or
disbarment (such as admonition, reprimand, or fine) it shall
issue a decision exonerating respondent or imposing such
sanction. The case shall be deemed terminated unless upon
petition of the complainant or other interested party filed with
the Supreme Court within fifteen (15) days from notice of the
Boards
resolution,
the
Supreme
Court
orders
otherwise.
(d) Notice of the resolution or decision of the Board shall be
given to all parties through their counsel. A copy of the same
shall be transmitted to the Supreme Court.
B. PROCEEDINGS IN THE SUPREME COURT
Sec.
13. Supreme
Court
Investigators. In
proceedings
initiated motu proprio by the Supreme Court in other proceedings
when the interest of justice so requires, the Supreme Court may
refer the case for investigation to the Solicitor General or to
any officer of the Supreme Court or judge of a lower court, in
which case, the investigation shall proceed in the same manner
provided in Sections 6 to 11 hereof, save that the review report
of the investigation shall be conducted directly by the Supreme
Court.
Sec. 14. Report of the Solicitor General or other Court
designated investigator. - Based upon the evidence adduced at the
investigation, the Solicitor General or other Investigator
designated by the Supreme Court shall submit to the Supreme Court
a resolution containing his findings of fact and recommendations
together the record and all the evidence presented in the
investigation for the final action of the Supreme Court.
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C. COMMON PROVISIONS
Sec. 15. Suspension of attorneys by Supreme Court. - After
receipt of respondent's answer or lapse of the period therefor,
the Supreme Court, motu proprio, or at the instance of the IBP
Board of Governors upon the recommendation of the Investigator,
may suspend an attorney from the practice of his profession for
any of the causes specified in Rule 138, Section 27, during the
pendency of the investigation until such suspension is lifted by
the Supreme Court. chanrobles virtua law library
Sec. 16. Suspension of attorney by the Court of Appeals or
Regional Trial Court. - The Court of Appeals or Regional Trial
Court may suspend an attorney from practice for any of the causes
named in Rule 138, Section 27, until further action of the
Supreme Court in the case.
Sec. 17. Upon suspension by Court of Appeals or Regional Trial
Court, further proceedings in Supreme Court. - Upon such
suspension, the Court of Appeals or a Regional Trial Court shall
forthwith transmit to the Supreme Court a certified copy of the
order of suspension and a full statement of the facts upon which
the same was based. Upon receipt of such certified copy and
statement, the Supreme Court shall make a full investigation of
the case and may revoke, shorten or extend the suspension, or
disbar the attorney as the facts may warrant.
Sec. 18. Confidentiality. - Proceedings against attorneys shall
be private and confidential. However, the final order of the
Supreme Court shall be published like its decisions in other
cases.
Sec. 19. Expenses. - All reasonable and necessary expenses
incurred in relation to disciplinary and disbarment proceedings
are lawful charges forthwith the parties may be taxed as
costs. chanrobles
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Sec. 20. Effectivity and Transitory Provision. - This Rule shall
take effect on June 1, 1988 and shall supersede the present Rule
139 entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS". All cases
pending investigation by the Office of the Solicitor General
shall be transferred to the Integrated Bar of the Philippines
Board of Governors for investigation and disposition as provided
in this Rule except those cases where the investigation has been

substantially completed. (Bar Matter No. 356, Resolution dated April 13,
1988).

Republic of the Philippines

Supreme Court
Manila
EN BANC
A.M. No. 02-8-13-SC
2004 Rules on Notarial Practice

RESOLUTION
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:
2004 RULES ON NOTARIAL PRACTICE
RULE I
IMPLEMENTATION
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on
Notarial Practice.
SEC. 2. Purposes. - These Rules shall be applied and construed to
advance the following purposes:
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(a) to promote, serve, and protect public interest; chan robles virtual law library
(b) to simplify, clarify, and modernize the rules governing notaries public;
and
(c) to foster ethical conduct among notaries 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 words in the plural
include the singular.
RULE II
DEFINITIONS
SECTION 1. Acknowledgment. - Acknowledgment 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;
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(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 chan robles virtual law library

(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.
SEC. 2. Affirmation or Oath. - The term Affirmation or Oath 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;
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(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 of authority to
perform notarial acts and to the written evidence of the authority.
SEC. 4. Copy Certification. - Copy Certification 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.
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SEC. 5. Notarial Register. - Notarial Register refers to a permanently

bound book with numbered pages containing a chronological record of
notarial acts performed by a notary public. chan robles virtual law library
SEC. 6. Jurat. - Jurat 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; chan robles virtual law library
(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.
SEC. 7. Notarial Act and Notarization. - Notarial Act and Notarization
refer to any act that a notary public is empowered to perform under these
Rules.
SEC. 8. Notarial Certificate. - Notarial Certificate 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.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.
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
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SEC. 12. Competent Evidence of Identity. - The phrase competent

evidence of identity 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 chan robles
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(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;
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(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.
SEC. 17. Office of the Court Administrator. - Office of the Court
Administrator refers to the Office of the Court Administrator of the
Supreme Court.
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.
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:
(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
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(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:
(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;
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(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.
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:
(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

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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:

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.
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_____________________
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:
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.
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:
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF_____________

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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 thirtyfirst of December (year) to purchase a notarial seal.
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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.
SEC. 11. Jurisdiction and Term. - 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. chan robles virtual law library
SEC. 12. Register of Notaries Public. - 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. chan robles virtual law library
SEC. 13. Renewal of Commission. - 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. chan robles virtual law library
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
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commission within thirty (30) days from receipt thereof. If the application
is denied, the Executive Judge shall state the reasons therefor.
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
SECTION 1. Powers. - (a) A notary public is empowered to perform the
following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats; chan robles virtual law library
(4) signature witnessings;
(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: "Thumb or
Other Mark affixed by (name of signatory by mark) in the presence of
(names and addresses of witnesses) and undersigned notary public";
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(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 to sign 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: Signature affixed by
notary in presence of (names and addresses of person and two [2]
witnesses); and
(5) the notary public notarizes his signature by acknowledgment or jurat.
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
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performed at the request of the parties in the following sites located

within his territorial jurisdiction: chan robles virtual law library
(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.chan robles virtual law library
SEC. 3. Disqualifications. - 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; chan
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(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. chan robles virtual law library
SEC. 4. Refusal to Notarize. - 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.
SEC. 5. False or Incomplete Certificate. - A notary public shall not: chan
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(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.chan robles virtual law library
SEC. 6. Improper Instruments or Documents. - A notary public shall not
notarize:
(a) a blank or incomplete instrument or document; or chan robles virtual law library
(b) an instrument or document without appropriate notarial certification.
RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver of Fees. - For performing a notarial
act, a notary public may charge the maximum fee as prescribed by the
Supreme Court unless he waives the fee in whole or in part.
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SEC. 2. Travel Fees and Expenses. - A notary public may charge travel
fees and expenses separate and apart from the notarial fees prescribed in
the preceding section when traveling to perform a notarial act if the
notary public and the person requesting the notarial act agree prior to the
travel.
SEC. 3. Prohibited Fees. No fee or compensation of any kind, except
those expressly prescribed and allowed herein, shall be collected or
received for any notarial service.
SEC. 4. Payment or Refund of Fees. - A notary public shall not require
payment of any fees specified herein prior to the performance of a
notarial act unless otherwise agreed upon. chan robles virtual law library
Any travel fees and expenses paid to a notary public prior to the
performance of a notarial act are not subject to refund if the notary public
had already traveled but failed to complete in whole or in part the notarial
act for reasons beyond his control and without negligence on his part.
SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial
services shall issue a receipt registered with the Bureau of Internal
Revenue and keep a journal of notarial fees. He shall enter in the journal
all fees charged for services rendered. chan robles virtual law library
A notary public shall post in a conspicuous place in his office a complete
schedule of chargeable notarial fees.
RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. - (a) A notary public shall keep,
maintain, protect and provide for lawful inspection as provided in these
Rules, a chronological official notarial register of notarial acts consisting
of a permanently bound book with numbered pages. chan robles virtual law library
The register shall be kept in books to be furnished by the Solicitor
General to any notary public upon request and upon payment of the cost
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thereof. The register shall be duly paged, and on the first page, the
Solicitor General shall certify the number of pages of which the book
consists.
For purposes of this provision, a Memorandum of Agreement or
Understanding may be entered into by the Office of the Solicitor General
and the Office of the Court Administrator. chan robles virtual law library
(b) A notary public shall keep only one active notarial register at any
given time.
SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the
notary shall record in the notarial register at the time of notarization the
following: chan robles virtual law library
(1) the entry number and page number; chan robles virtual law library
(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.
(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.
(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
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document the page/s of his register on which the same is recorded. No

blank line shall be left between entries.
(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.
(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.
(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.
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:
(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
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the notarial register, the notary shall deny access to any entry or entries
therein.
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.
(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.
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.
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. In notarizing a paper instrument or
document, a notary public shall:
(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
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(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.
(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.
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.
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.
(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.
(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.
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(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.
(e) Only one seal may be sold by a vendor or manufacturer for each
Certificate of Authorization to Purchase a Notarial Seal.
(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 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.
(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.
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:
(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
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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. 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).
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_________________
(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:
(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
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(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.
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
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notaries public who have resigned their notarial commissions and the
effective dates of their resignation.
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
(b) In addition, the Executive Judge may revoke the commission of, or
impose appropriate administrative sanctions upon, any notary public
who:
(1) fails to keep a notarial register;
(2) fails to make the proper entry or entries in his notarial register
concerning his notarial acts;
(3) fails to send the copy of the entries to the Executive Judge within the
first ten (10) days of the month following;
(4) fails to affix to acknowledgments the date of expiration of his
commission;
(5) fails to submit his notarial register, when filled, to the Executive
Judge;
(6) fails to make his report, within a reasonable time, to the Executive
Judge concerning the performance of his duties, as may be required by
the judge;
(7) fails to require the presence of a principal at the time of the notarial
act;
(8) fails to identify a principal on the basis of personal knowledge or
competent evidence;
(9) executes a false or incomplete certificate under Section 5, Rule IV;
(10) knowingly performs or fails to perform any other act prohibited or
mandated by these Rules; and
(11) commits any other dereliction or act which in the judgment of the
Executive Judge constitutes good cause for revocation of commission or
imposition of administrative sanction.
(c) Upon verified complaint by an interested, affected or aggrieved
person, the notary public shall be required to file a verified answer to the
complaint. If the answer of the notary public is not satisfactory, the
Executive Judge 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 Executive Judge shall impose the
appropriate administrative sanctions. In either case, the aggrieved party
may appeal the decision to the Supreme Court for review. Pending the
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appeal, an order imposing disciplinary sanctions shall be immediately

executory, unless otherwise ordered by the Supreme Court.
(d) The Executive Judge may motu proprio initiate administrative
proceedings against a notary public, subject to the procedures prescribed
in paragraph (c) above and impose the appropriate administrative
sanctions on the grounds mentioned in the preceding paragraphs (a) and
(b).
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 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 been administratively
sanctioned or whose notarial commissions have been revoked.
SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling
the obligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the
Executive Judge, upon being notified of such death, shall forthwith cause
compliance with the provisions of these sections. chan robles virtual law library
RULE XII
SPECIAL PROVISIONS
SECTION 1. Punishable Acts. - The Executive Judge shall cause the
prosecution of any person who:
(a) knowingly acts or otherwise impersonates a notary public; chan robles virtual
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(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial

register, or official records of a notary public; and
(c) knowingly solicits, coerces, or in any way influences a notary public to
commit official misconduct.
SEC 2. Reports to the Supreme Court. - The Executive Judge concerned
shall submit semestral reports to the Supreme Court on discipline and
prosecution of notaries public.
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
SECTION 1. Repeal. - All rules and parts of rules, including issuances of
the Supreme Court inconsistent herewith, are hereby repealed or
accordingly modified. chan robles virtual law library
SEC. 2. Effective Date. - These Rules shall take effect on the first day of
August 2004, and shall be published in a newspaper of general circulation
in the Philippines which provides sufficiently wide circulation.
Promulgated this 6th day of July, 2004. chan robles virtual law library

Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago,

Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales,
Callejo, Sr., Azcuna and Tinga, JJ.
c

A
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2007
Legal Ethics
SUMMER REVIEWER

Head:
Maria Felicitas Ele
; Understudies:
Felippe Mart Closa, Judith Lee

QuickTime and aTIFF (Uncompressed) decompressorare needed to see this

picture.
I.

P
RELIMINARY
C
ONSIDERATIONS

1.

W
HO IS A LAWYER
?2.

W
HAT IS CONTEMPLATED BY THE TERM

PRACTICEOF LAW
?3.

W
HY IS IT NECESSARY TO DETERMINE WHETHER
OR

NOT
AN ACTIVITY IS UNDER THE DEFINITION OFPRACTICE OF LAW
?

4.

C
AN NON
LAWYERS APPEAR IN COURT
?

5.

S
PECIAL
R
ULES FOR
L
AWYERS IN
P
UBLIC
S
ERVICE

1. WHO IS A LAWYER?A lawyer is one who:

1. passed the bar exams,2. taken an oath ,3. registered in the roll of attorneys,4. rec
eived a certificate of license to practicelaw from the Clerk of Court of the
SupremeCourt.
After Admission he or she must:
1. remain an IBP member in good standing
byregularly paying IBP dues and otherassessments2. pay annual privilege tax3. obs
erve the rules on proper ethics

*Santos v. Llamas (A.C. No. 4749. January 20,2000)

The exemption granted by R.A. 7432 to senior citizens from paying individual
income tax does not exempt lawyers who are likewise senior citizens from paying
IBP dues and privilege tax.
REQUIREMENTS FOR ADMISSION TO THE BAR:
1. Citizen of the Philippines2. Resident of the Philippines3. At least 21 years old4. m
ust successfully complete all prescribedcourses5. Production before the Supreme
Courtsatisfactory evidence of:a. Good moral characterb. No charges against
him, involvingmoral turpitude, have been filed orare pending in any court in
thePhilippines.
*Tapucar vs. Tapucar. A.C. No. 4148 (1998)
The requirement of Good Moral Character

is

a continuing requirement; good moral character is not only a condition precedent

for admission to the legal profession, but it must also remain intact [while exercising
the profession

] in order to maintain one's good standing in that exclusive and honored fraternity.

2. WHAT IS CONTEMPLATED BY THE TERMPRACTICE OF LAW?PRACTICE

OF LAW
means any activity, in our outof court, which requires the application of law,
legalprocedure, knowledge, training, and experience.
*Cayetano v. Monsod 201 SCRA 210 (citing 111ALR 23)
To engage in the practice of law is to perform those acts which are characteristics of
the profession.Generally, to practice law is to give notice or render any kind of
service, which device or service requires the use in any degree of legal knowledge
or skill.
*In Re: Argosino (1997)

The practice of law is a PRIVILEGE granted only to those who possess the STRICT
INTELLECTUALAND MORAL QUALIFICATIONS required of lawyers who are
instruments in the effective and efficient administration of justice.
3. WHY IS IT NECESSARY TO DETERMINEWHETHER OR NOT AN ACTIVITY IS
UNDERTHE DEFINITION OF PRACTICE OF LAW?

So as to determine whether the conduct or act ofa party is subject to the rules on
legal ethics andthus can be regulated by the Supreme Court.

The Supreme Court has the power to control andregulate the practice of law.
1987 CONSTITUTION, SEC. 5 (5), ARTICLE VIII:Sec. 5.
The Supreme Court shall have the followingpowers:x x x(5) Promulgate rules
concerning the protectionand enforcement of constitutional rights,pleading, practice
and procedure in all courts,the admission to the practice of law, theIntegrated Bar,
and legal assistance to the