A.M. No.

02-8-13-SC
2004 Rules on Notarial Practice

(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

RESOLUTION

(c)

Acting on the compliance dated 05 July 2004 and on the proposed

avows under penalty of law to the whole truth of the

contents of the instrument or document.

Rules on Notarial Practice of 2004 submitted by the Sub-Committee for

SEC. 3. Commission. - Commission refers to the grant of authority to

the Study, Drafting and Formulation of the Rules Governing the

perform notarial acts and to the written evidence of the authority.

Appointment of Notaries Public and the Performance and Exercise of

SEC. 4. Copy Certification. - Copy Certification refers to a notarial act

Their Official Functions, of the Committees on Revision of the Rules of

in which a notary public:

Court and on Legal Education and Bar Matters, the Court Resolved to

(a) is presented with an instrument or document that is neither a vital

APPROVE the proposed Rules on Notarial Practice of 2004, with

record, a public record, nor publicly recordable;

modifications, thus:

(b) copies or supervises the copying of the instrument or document;

(c) compares the instrument or document with the copy; and

2004 RULES ON NOTARIAL PRACTICE

(d) determines that the copy is accurate and complete.

SEC. 5. Notarial Register. - Notarial Register refers to a permanently

RULE I

bound book with numbered pages containing a chronological record of

IMPLEMENTATION

notarial acts performed by a notary public.

SECTION 1. Title. - These Rules shall be known as the 2004 Rules on

SEC. 6. Jurat. - Jurat refers to an act in which an individual on a

Notarial Practice.

single occasion:

SEC. 2. Purposes. - These Rules shall be applied and construed to

(a) appears in person before the notary public and presents an

advance the following purposes:

instrument or document;

(a) to promote, serve, and protect public interest;

(b) is personally known to the notary public or identified by the notary

(b)

public through competent evidence of identity as defined by these

to simplify, clarify, and modernize the rules governing

notaries public; and

(c)

to foster ethical conduct among notaries public

Rules;
(c) signs the instrument or document in the presence of the notary;

SEC. 3. Interpretation. - Unless the context of these Rules otherwise

and

indicates, words in the singular include the plural, and words in the

(d) takes an oath or affirmation before the notary public as to such

plural include the singular.

instrument or document.
SEC. 7. Notarial Act and Notarization. - Notarial Act and

RULE II

Notarization refer to any act that a notary public is empowered to

DEFINITIONS

perform under these Rules.

SECTION 1. Acknowledgment. - Acknowledgment refers to an act in

SEC. 8. Notarial Certificate. - Notarial Certificate refers to the part of,

which an individual on a single occasion:

or attachment to, a notarized instrument or document that is

(a) appears in person before the notary public and presents an

integrally complete instrument or document;
(b)

(c)

is attested to be personally known to the notary public or

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.

identified by the notary public through competent evidence

SEC. 9. Notary Public and Notary. - Notary Public and Notary refer

of identity as defined by these Rules; and

to any person commissioned to perform official acts under these

represents to the notary public that the signature on the

Rules.

instrument or document was voluntarily affixed by him for the

SEC. 10. Principal. - Principal refers to a person appearing before

purposes stated in the instrument or document, declares that

the notary public whose act is the subject of notarization.

he has executed the instrument or document as his free and

SEC. 11. Regular Place of Work or Business. - The term regular place

voluntary act and deed, and, if he acts in a particular

of work or business refers to a stationary office in the city or province

representative capacity, that he has the authority to sign in

wherein the notary public renders legal and notarial services.

that capacity.

SEC. 12. Competent Evidence of Identity. - The phrase competent

SEC. 2. Affirmation or Oath. - The term Affirmation or Oath refers to

evidence of identity refers to the identification of an individual based

an act in which an individual on a single occasion:

on:

(a) appears in person before the notary public;

(a) at least one current identification document issued by an

official agency bearing the photograph and signature of the
individual; or

(b)

the oath or affirmation of one credible witness not privy to

(5) must not have been convicted in the first instance of any

the instrument, document or transaction who is personally

crime involving moral turpitude.

known to the notary public and who personally knows the

SEC. 2. Form of the Petition and Supporting Documents. - Every

individual, or of two credible witnesses neither of whom is

petition for a notarial commission shall be in writing, verified, and shall

privy to the instrument, document or transaction who each

include the following:

personally knows the individual and shows to the notary

(a) a statement containing the petitioner's personal

public documentary identification.

qualifications, including the petitioner's date of birth,

SEC. 13. Official Seal or Seal. - Official seal or Seal refers to a

residence, telephone number, professional tax receipt, roll of

device for affixing a mark, image or impression on all papers officially

attorney's number and IBP membership number;

signed by the notary public conforming the requisites prescribed by

(b)

certification of good moral character of the petitioner by at

these Rules.

least two (2) executive officers of the local chapter of the

SEC. 14. Signature Witnessing. - The term signature witnessing

Integrated Bar of the Philippines where he is applying for

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

commission;

(a) appears in person before the notary public and presents an

(c)

instrument or document
(b)

(c)

proof of payment for the filing of the petition as required by

these Rules; and

is personally known to the notary public or identified by the

(d)

three (3) passport-size color photographs with light

notary public through competent evidence of identity as

background taken within thirty (30) days of the application.

defined by these Rules; and

The photograph should not be retouched. The petitioner shall

signs the instrument or document in the presence of the

notary public.

sign his name at the bottom part of the photographs.

SEC. 3. Application Fee. - Every petitioner for a notarial commission

SEC. 15. Court. - Court refers to the Supreme Court of the

shall pay the application fee as prescribed in the Rules of Court.

Philippines.

SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall

SEC. 16. Petitioner. - Petitioner refers to a person who applies for a

conduct a summary hearing on the petition and shall grant the same

notarial commission.

if:

SEC. 17. Office of the Court Administrator. - Office of the Court

(a) the petition is sufficient in form and substance;

Administrator refers to the Office of the Court Administrator of the

(b) the petitioner proves the allegations contained in the petition;

Supreme Court.
SEC. 18. Executive Judge. - Executive Judge refers to the Executive

and
(c)

Judge of the Regional Trial Court of a city or province who issues a

the petitioner establishes to the satisfaction of the Executive

Judge that he has read and fully understood these Rules.

notarial commission.

The Executive Judge shall forthwith issue a commission and a

SEC. 19. Vendor. - Vendor under these Rules refers to a seller of a

Certificate of Authorization to Purchase a Notarial Seal in favor of the

notarial seal and shall include a wholesaler or retailer.

petitioner.

SEC. 20. Manufacturer. - Manufacturer under these Rules refers to

SEC. 5. Notice of Summary Hearing. -

one who produces a notarial seal and shall include an engraver and

(a) The notice of summary hearing shall be published in a

seal maker.

newspaper of general circulation in the city or province where

the hearing shall be conducted and posted in a conspicuous

RULE III

place in the offices of the Executive Judge and of the Clerk of

COMMISSIONING OF NOTARY PUBLIC

Court. The cost of the publication shall be borne by the

SECTION 1. Qualifications. - A notarial commission may be issued by

petitioner. The notice may include more than one petitioner.

an Executive Judge to any qualified person who submits a petition in

(b)

The notice shall be substantially in the following form:

accordance with these Rules.

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

NOTICE OF HEARING

(1) must be a citizen of the Philippines;

Notice is hereby given that a summary hearing on the petition

(2)

must be over twenty-one (21) years of age;

for notarial commission of (name of petitioner) shall be held

(3)

must be a resident in the Philippines for at least one (1) year

on (date) at (place) at (time). Any person who has any cause

and maintains a regular place of work or business in the city

or reason to object to the grant of the petition may file a

or province where the commission is to be issued;

verified written opposition thereto, received by the

(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

undersigned before the date of the summary

hearing.chanrobles virtual law library

_____________________

commissioning is made, unless earlier revoked or the notary public

Executive Judge

has resigned under these Rules and the Rules of Court.

SEC. 6. Opposition to Petition. - Any person who has any cause or

SEC. 12. Register of Notaries Public. - The Executive Judge shall keep

reason to object to the grant of the petition may file a verified written

and maintain a Register of Notaries Public in his jurisdiction which shall

opposition thereto. The opposition must be received by the Executive

contain, among others, the dates of issuance or revocation or

Judge before the date of the summary hearing.

suspension of notarial commissions, and the resignation or death of

SEC. 7. Form of Notarial Commission. - The commissioning of a notary

notaries public. The Executive Judge shall furnish the Office of the

public shall be in a formal order signed by the Executive Judge

Court Administrator information and data recorded in the register of

substantially in the following form:

notaries public. The Office of the Court Administrator shall keep a

REPUBLIC OF THE PHILIPPINES

permanent, complete and updated database of such records.

REGIONAL TRIAL COURT OF ______________

SEC. 13. Renewal of Commission. - A notary public may file a written

This is to certify that (name of notary public) of (regular place

application with the Executive Judge for the renewal of his commission

of work or business) in (city or province) was on this (date)

within forty-five (45) days before the expiration thereof. A mark, image

day of (month) two thousand and (year) commissioned by the

or impression of the seal of the notary public shall be attached to the

undersigned as a notary public, within and for the said

application.

jurisdiction, for a term ending the thirty-first day of December

Failure to file said application will result in the deletion of the name of

(year)

the notary public in the register of notaries public.

________________________

The notary public thus removed from the Register of Notaries Public

Executive Judge

may only be reinstated therein after he is issued a new commission in

SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a

accordance with these Rules.

Notarial Seal. - The Certificate of Authorization to Purchase a Notarial

SEC. 14. Action on Application for Renewal of Commission. - The

Seal shall be valid for a period of three (3) months from date of issue,

Executive Judge shall, upon payment of the application fee mentioned

unless extended by the Executive Judge.

in Section 3 above of this Rule, act on an application for the renewal of

A mark, image or impression of the seal that may be purchased by the

a commission within thirty (30) days from receipt thereof. If the

notary public pursuant to the Certificate shall be presented to the

application is denied, the Executive Judge shall state the reasons

Executive Judge for approval prior to use.

therefor.

SEC. 9. Form of Certificate of Authorization to Purchase a Notarial

Seal. - The Certificate of Authorization to Purchase a Notarial Seal shall

RULE IV

substantially be in the following form:

POWERS AND LIMITATIONS OF NOTARIES PUBLIC

SECTION 1. Powers.

REPUBLIC OF THE PHILIPPINES

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

REGIONAL TRIAL COURT OF_____________

acts:

CERTIFICATE OF AUTHORIZATION

(1) acknowledgments;

TO PURCHASE A NOTARIAL SEAL

(2) oaths and affirmations;

This is to authorize (name of notary public) of (city or

(3) jurats;

province) who was commissioned by the undersigned as a

(4) signature witnessings;

notary public, within and for the said jurisdiction, for a term

(5) copy certifications; and

ending, the thirty-first of December (year) to purchase a

(6) any other act authorized by these Rules.

notarial seal.chanrobles virtual law library

Issued this (day) of (month) (year).

(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

Executive Judge

notarization if:
(1) the thumb or other mark is affixed in the presence of the notary

SEC. 10. Official Seal of Notary Public. - Every person commissioned as

public and of two (2) disinterested and unaffected witnesses to the

notary public shall have only one official seal of office in accordance

instrument or document;

with these Rules.

(2) both witnesses sign their own names in addition to the thumb or

SEC. 11. Jurisdiction and Term. - A person commissioned as notary

other mark;

public may perform notarial acts in any place within the territorial

(3) the notary public writes below the thumb or other mark: "Thumb

jurisdiction of the commissioning court for a period of two (2) years

or Other Mark affixed by (name of signatory by mark) in the presence

commencing the first day of January of the year in which the

of (names and addresses of witnesses) and undersigned notary

public"; and

an act even if he tenders the appropriate fee specified by these Rules

(4) the notary public notarizes the signature by thumb or other mark

if:

through an acknowledgment, jurat, or signature witnessing.

(a) the notary knows or has good reason to believe that the notarial
act or transaction is unlawful or immoral;

(c) A notary public is authorized to sign on behalf of a person who is

(b) the signatory shows a demeanor which engenders in the mind of

physically unable to sign or make a mark on an instrument or

the notary public reasonable doubt as to the former's knowledge of

document if:

the consequences of the transaction requiring a notarial act; and

(1) the notary public is directed by the person unable to sign or make

(c) in the notary's judgment, the signatory is not acting of his or her

a mark to sign on his behalf;

own free will.

(2) the signature of the notary public is affixed in the presence of two

SEC. 5. False or Incomplete Certificate. - A notary public shall not:

disinterested and unaffected witnesses to the instrument or

(a) execute a certificate containing information known or believed by

document;

the notary to be false.

(3) both witnesses sign their own names ;

(b) affix an official signature or seal on a notarial certificate that is

(4) the notary public writes below his signature: Signature affixed by

incomplete.

notary in presence of (names and addresses of person and two [2]

SEC. 6. Improper Instruments or Documents. - A notary public shall not

witnesses); and

notarize:

(5) the notary public notarizes his signature by acknowledgment or

(a) a blank or incomplete instrument or document; or

jurat.

(b) an instrument or document without appropriate notarial

certification.

SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial

act outside his regular place of work or business; provided, however,

RULE V

that on certain exceptional occasions or situations, a notarial act may

FEES OF NOTARY PUBLIC

be performed at the request of the parties in the following sites

SECTION 1. Imposition and Waiver of Fees. - For performing a notarial

located within his territorial jurisdiction:

act, a notary public may charge the maximum fee as prescribed by

(1) public offices, convention halls, and similar places where oaths of

the Supreme Court unless he waives the fee in whole or in part.

office may be administered;

(2) public function areas in hotels and similar places for the signing of

SEC. 2. Travel Fees and Expenses. - A notary public may charge travel

instruments or documents requiring notarization;

fees and expenses separate and apart from the notarial fees

(3) hospitals and other medical institutions where a party to an

prescribed in the preceding section when traveling to perform a

instrument or document is confined for treatment; and

notarial act if the notary public and the person requesting the notarial

(4) any place where a party to an instrument or document requiring

act agree prior to the travel.

notarization is under detention.

SEC. 3. Prohibited Fees. No fee or compensation of any kind, except

(b) A person shall not perform a notarial act if the person involved as

those expressly prescribed and allowed herein, shall be collected or

signatory to the instrument or document -

received for any notarial service.

(1) is not in the notary's presence personally at the time of the

SEC. 4. Payment or Refund of Fees. - A notary public shall not require

notarization; and

payment of any fees specified herein prior to the performance of a

(2) is not personally known to the notary public or otherwise identified

notarial act unless otherwise agreed upon.

by the notary public through competent evidence of identity as

Any travel fees and expenses paid to a notary public prior to the

defined by these Rules.

performance of a notarial act are not subject to refund if the notary

SEC. 3. Disqualifications. - A notary public is disqualified from

public had already traveled but failed to complete in whole or in part

performing a notarial act if he:

the notarial act for reasons beyond his control and without negligence

(a) is a party to the instrument or document that is to be notarized;

on his part.

(b) will receive, as a direct or indirect result, any commission, fee,

SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial

advantage, right, title, interest, cash, property, or other consideration,

services shall issue a receipt registered with the Bureau of Internal

except as provided by these Rules and by law; or

Revenue and keep a journal of notarial fees. He shall enter in the

(c) is a spouse, common-law partner, ancestor, descendant, or

journal all fees charged for services rendered.

relative by affinity or consanguinity of the principal within the fourth

A notary public shall post in a conspicuous place in his office a

civil degree.

complete schedule of chargeable notarial fees.

SEC. 4. Refusal to Notarize. - A notary public shall not perform any

notarial act described in these Rules for any person requesting such

RULE VI

corresponding to the one in his register, and shall also state on the

NOTARIAL REGISTER

instrument or document the page/s of his register on which the same

SECTION 1. Form of Notarial Register. - (a) A notary public shall keep,

is recorded. No blank line shall be left between entries.

maintain, protect and provide for lawful inspection as provided in

(f) In case of a protest of any draft, bill of exchange or promissory

these Rules, a chronological official notarial register of notarial acts

note, the notary public shall make a full and true record of all

consisting of a permanently bound book with numbered pages.

proceedings in relation thereto and shall note therein whether the

The register shall be kept in books to be furnished by the Solicitor

demand for the sum of money was made, by whom, when, and where;

General to any notary public upon request and upon payment of the

whether he presented such draft, bill or note; whether notices were

cost thereof. The register shall be duly paged, and on the first page,

given, to whom and in what manner; where the same was made, when

the Solicitor General shall certify the number of pages of which the

and to whom and where directed; and of every other fact touching the

book consists.

same.

For purposes of this provision, a Memorandum of Agreement or

(g) At the end of each week, the notary public shall certify in his

Understanding may be entered into by the Office of the Solicitor

notarial register the number of instruments or documents executed,

General and the Office of the Court Administrator.

sworn to, acknowledged, or protested before him; or if none, this

(b) A notary public shall keep only one active notarial register at any

certificate shall show this fact.

given time.

(h) A certified copy of each month's entries and a duplicate original

SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the

copy of any instrument acknowledged before the notary public shall,

notary shall record in the notarial register at the time of notarization

within the first ten (10) days of the month following, be forwarded to

the following:

the Clerk of Court and shall be under the responsibility of such officer.

(1) the entry number and page number;

If there is no entry to certify for the month, the notary shall forward a

(2) the date and time of day of the notarial act;

statement to this effect in lieu of certified copies herein required.

(3) the type of notarial act;

SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the

(4) the title or description of the instrument, document or proceeding;

notary's notarial register shall be signed or a thumb or other mark

(5) the name and address of each principal;

affixed by each:

(6) the competent evidence of identity as defined by these Rules if the

(a) principal;

signatory is not

(b) credible witness swearing or affirming to the identity of a principal;

personally known to the notary;

and

(7) the name and address of each credible witness swearing to or

(c) witness to a signature by thumb or other mark, or to a signing by

affirming the person's identity;

the notary public on behalf of a person physically unable to sign.

(8) the fee charged for the notarial act;

SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's

(9) the address where the notarization was performed if not in the

presence, any person may inspect an entry in the notarial register,

notary's regular place of work or business; and

during regular business hours, provided;

(10) any other circumstance the notary public may deem of

(1) the person's identity is personally known to the notary public or

significance or relevance.

proven through competent evidence of identity as defined in these

(b) A notary public shall record in the notarial register the reasons and

Rules;

circumstances for not completing a notarial act.

(2) the person affixes a signature and thumb or other mark or other

(c) A notary public shall record in the notarial register the

recognized identifier, in the notarial register in a separate, dated

circumstances of any request to inspect or copy an entry in the

entry;

notarial register, including the requester's name, address, signature,

(3) the person specifies the month, year, type of instrument or

thumbmark or other recognized identifier, and evidence of identity.

document, and name of the principal in the notarial act or acts sought;

The reasons for refusal to allow inspection or copying of a journal entry

and

shall also be recorded.

(4) the person is shown only the entry or entries specified by him.

(d) When the instrument or document is a contract, the notary public

(b) The notarial register may be examined by a law enforcement

shall keep an original copy thereof as part of his records and enter in

officer in the course of an official investigation or by virtue of a court

said records a brief description of the substance thereof and shall give

order.

to each entry a consecutive number, beginning with number one in

(c) If the notary public has a reasonable ground to believe that a

each calendar year. He shall also retain a duplicate original copy for

person has a criminal intent or wrongful motive in requesting

the Clerk of Court.

information from the notarial register, the notary shall deny access to

(e) The notary public shall give to each instrument or document

any entry or entries therein.

executed, sworn to, or acknowledged before him a number

SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case

notary public is commissioned. Thereafter, the Executive Judge shall

the notarial register is stolen, lost, destroyed, damaged, or otherwise

issue to the notary public a new Certificate of Authorization to

rendered unusable or illegible as a record of notarial acts, the notary

Purchase a Notarial Seal.

public shall, within ten (10) days after informing the appropriate law

(e) Within five (5) days after the death or resignation of the notary

enforcement agency in the case of theft or vandalism, notify the

public, or the revocation or expiration of a notarial commission, the

Executive Judge by any means providing a proper receipt or

official seal shall be surrendered to the Executive Judge and shall be

acknowledgment, including registered mail and also provide a copy or

destroyed or defaced in public during office hours. In the event that

number of any pertinent police report.

the missing, lost or damaged seal is later found or surrendered, it shall

(b) Upon revocation or expiration of a notarial commission, or death of

be delivered by the notary public to the Executive Judge to be

the notary public, the notarial register and notarial records shall

disposed of in accordance with this section. Failure to effect such

immediately be delivered to the office of the Executive Judge.

surrender shall constitute contempt of court. In the event of death of

SEC. 6. Issuance of Certified True Copies. - The notary public shall

the notary public, the person in possession of the official seal shall

supply a certified true copy of the notarial record, or any part thereof,

have the duty to surrender it to the Executive Judge.

to any person applying for such copy upon payment of the legal fees.

SEC. 3. Seal Image. - The notary public shall affix a single, clear,
legible, permanent, and photographically reproducible mark, image or

RULE VII

impression of the official seal beside his signature on the notarial

SIGNATURE AND SEAL OF NOTARY PUBLIC

certificate of a paper instrument or document.

SECTION 1. Official Signature. In notarizing a paper instrument or

SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of

document, a notary public shall:

notarial seals may not sell said product without a written authorization

(a) sign by hand on the notarial certificate only the name indicated

from the Executive Judge.

and as appearing on the notary's commission;

(b) Upon written application and after payment of the application fee,

(b) not sign using a facsimile stamp or printing device; and

the Executive Judge may issue an authorization to sell to a vendor or

(c) affix his official signature only at the time the notarial act is

manufacturer of notarial seals after verification and investigation of

performed.

the latter's qualifications. The Executive Judge shall charge an

SEC. 2. Official Seal. - (a) Every person commissioned as notary public

authorization fee in the amount of PhP 4,000 for the vendor and PhP

shall have a seal of office, to be procured at his own expense, which

8,000 for the manufacturer. If a manufacturer is also a vendor, he shall

shall not be possessed or owned by any other person. It shall be of

only pay the manufacturer's authorization fee.

metal, circular in shape, two inches in diameter, and shall have the

(c) The authorization shall be in effect for a period of four (4) years

name of the city or province and the word Philippines and his own

from the date of its issuance and may be renewed by the Executive

name on the margin and the roll of attorney's number on the face

Judge for a similar period upon payment of the authorization fee

thereof, with the words "notary public" across the center. A mark,

mentioned in the preceding paragraph.

image or impression of such seal shall be made directly on the paper

(d) A vendor or manufacturer shall not sell a seal to a buyer except

or parchment on which the writing appears.

upon submission of a certified copy of the commission and the

(b) The official seal shall be affixed only at the time the notarial act is

Certificate of Authorization to Purchase a Notarial Seal issued by the

performed and shall be clearly impressed by the notary public on

Executive Judge. A notary public obtaining a new seal as a result of

every page of the instrument or document notarized.

change of name shall present to the vendor or manufacturer a

(c) When not in use, the official seal shall be kept safe and secure and

certified copy of the Confirmation of the Change of Name issued by

shall be accessible only to the notary public or the person duly

the Executive Judge.

authorized by him.

(e) Only one seal may be sold by a vendor or manufacturer for each

(d) Within five (5) days after the official seal of a notary public is

Certificate of Authorization to Purchase a Notarial Seal.

stolen, lost, damaged or other otherwise rendered unserviceable in

(f) After the sale, the vendor or manufacturer shall affix a mark, image

affixing a legible image, the notary public, after informing the

or impression of the seal to the Certificate of Authorization to Purchase

appropriate law enforcement agency, shall notify the Executive Judge

a Notarial Seal and submit the completed Certificate to the Executive

in writing, providing proper receipt or acknowledgment, including

Judge. Copies of the Certificate of Authorization to Purchase a Notarial

registered mail, and in the event of a crime committed, provide a copy

Seal and the buyer's commission shall be kept in the files of the

or entry number of the appropriate police record. Upon receipt of such

vendor or manufacturer for four (4) years after the sale.

notice, if found in order by the Executive Judge, the latter shall order

(g) A notary public obtaining a new seal as a result of change of name

the notary public to cause notice of such loss or damage to be

shall present to the vendor a certified copy of the order confirming the

published, once a week for three (3) consecutive weeks, in a

change of name issued by the Executive Judge.

newspaper of general circulation in the city or province where the

RULE VIII
NOTARIAL CERTIFICATES

(b) a new seal bearing the new name has been obtained.

SECTION 1. Form of Notarial Certificate. - The notarial form used for

The foregoing notwithstanding, until the aforementioned steps have

any notarial instrument or document shall conform to all the requisites

been completed, the notary public may continue to use the former

prescribed herein, the Rules of Court and all other provisions of

name or regular place of work or business in performing notarial acts

issuances by the Supreme Court and in applicable laws.

for three (3) months from the date of the change, which may be

SEC. 2. Contents of the Concluding Part of the Notarial Certificate.

extended once for valid and just cause by the Executive Judge for

The notarial certificate shall include the following:

another period not exceeding three (3) months.

(a) the name of the notary public as exactly indicated in the

SEC. 2. Resignation. - A notary public may resign his commission by

commission;

personally submitting a written, dated and signed formal notice to the

(b) the serial number of the commission of the notary public;

Executive Judge together with his notarial seal, notarial register and

(c) the words "Notary Public" and the province or city where the notary

records. Effective from the date indicated in the notice, he shall

public is commissioned, the expiration date of the commission, the

immediately cease to perform notarial acts. In the event of his

office address of the notary public; and

incapacity to personally appear, the submission of the notice may be

(d) the roll of attorney's number, the professional tax receipt number

performed by his duly authorized representative.

and the place and date of issuance thereof, and the IBP membership

SEC. 3. Publication of Resignation. - The Executive Judge shall

number.

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

RULE IX

of notaries public who have resigned their notarial commissions and

CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

the effective dates of their resignation.

SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of

authority evidencing the authenticity of the official seal and signature

RULE XI

of a notary public shall be issued by the Executive Judge upon request

REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS

in substantially the following form:

SECTION 1. Revocation and Administrative Sanctions. - (a) The

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

Executive Judge shall revoke a notarial commission for any ground on

I, (name, title, jurisdiction of the Executive Judge), certify that

which an application for a commission may be denied.

(name of notary public), the person named in the seal and

(b) In addition, the Executive Judge may revoke the commission of, or

signature on the attached document, is a Notary Public in and

impose appropriate administrative sanctions upon, any notary public

for the (City/Municipality/Province) of the Republic of the

who:

Philippines and authorized to act as such at the time of the

(1) fails to keep a notarial register;

document's notarization.chanrobles virtual law library

(2) fails to make the proper entry or entries in his notarial register

IN WITNESS WHEREOF, I have affixed below my signature and

concerning his notarial acts;

seal of this office this (date) day of (month) (year).chanrobles

(3) fails to send the copy of the entries to the Executive Judge within

virtual law library

the first ten (10) days of the month following;

_________________

(4) fails to affix to acknowledgments the date of expiration of his

(official signature)
(seal of Executive Judge)

commission;
(5) fails to submit his notarial register, when filled, to the Executive
Judge;

RULE X

(6) fails to make his report, within a reasonable time, to the Executive

CHANGES OF STATUS OF NOTARY PUBLIC

Judge concerning the performance of his duties, as may be required by

SECTION 1. Change of Name and Address. -

the judge;

Within ten (10) days after the change of name of the notary public by

(7) fails to require the presence of a principal at the time of the

court order or by marriage, or after ceasing to maintain the regular

notarial act;

place of work or business, the notary public shall submit a signed and

(8) fails to identify a principal on the basis of personal knowledge or

dated notice of such fact to the Executive Judge.

competent evidence;
(9) executes a false or incomplete certificate under Section 5, Rule IV;

The notary public shall not notarize until:

(10) knowingly performs or fails to perform any other act prohibited or

(a) he receives from the Executive Judge a confirmation of the new

mandated by these Rules; and

name of the notary public and/or change of regular place of work or

(11) commits any other dereliction or act which in the judgment of the

business; and

Executive Judge constitutes good cause for revocation of commission

SEC. 2. Effective Date. - These Rules shall take effect on the first day

or imposition of administrative sanction.

of August 2004, and shall be published in a newspaper of general

(c) Upon verified complaint by an interested, affected or aggrieved

circulation in the Philippines which provides sufficiently wide

person, the notary public shall be required to file a verified answer to

circulation.

the complaint. If the answer of the notary public is not satisfactory,

Promulgated this 6th day of July, 2004.

Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago,
Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales,
Callejo, Sr., Azcuna and Tinga, JJ

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 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.
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.

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;
(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.

It is a part of an affidavit in which the officer certifies that the

instrument was sworn before him.

It should be used only in affidavits, sworn statements,
certifications,

verifications

and

the

live

NEVER

IN

CONTRACTS.
ACKNOWLEDGEMENT
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;

(b) is attested to be personally known to the notary public or

JURAT

ACKNOWLEDGEMENT
act of one who has executed a
part of an affidavit where the
deed in going before some
officer certifies that the same
competent officer or court and
was sworn before him
declaring it to be his act or
deed
applies to documents that
used primarily when dealing
must be signed in front of an
with sworn statements
unbiased independent witness
aka the notary.
identified by the notary public through competent evidence of
identity as defined by these Rules; and -

(c) represents to the notary public that the signature on the

instrument or document was voluntarily affixed by him for the
purposes stated in the instrument or document, declares that

LEGAL FORMS
NON-JUDICIAL FORMS

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.

JURAT

SEC. 6. Jurat. - Jurat refers to an act in which an individual

instrument that it is his free and voluntary act and deed; that

on a single occasion:

said person appeared before the notary public at the place

(a) appears in person before the notary public and presents

and on the date stated therein; that he exhibited his

an instrument or document;

community tax certificate and gave the number, date and

(b) is personally known to the notary public or identified by

the notary public through competent evidence of identity as
defined by these Rules;
(c) signs the instrument or document in the presence of the
notary; and
(d) takes an oath or affirmation before the notary public as to
such instrument or document.

It is the formal declaration of a person who executed an

place of issuance of the same.

It may be simple when it refers only to one property and the

instrument consists of only one page.

It may be complex if the instrument consists of two or more
pages and two or more parcels of lands are involved. In such
a case, the acknowledgement should state that the document
pertains to the parcels of land involved, that the document is
signed in the left hand margin by the person or persons
executing the instrument and their witnesses, and at the

bottom/middle/upper portion (as the case may be) of page

a.

___ and that is sealed with the notarial seal.

INSTURMENTS THAT MUST BE ACKNOWLEDGED
Deeds, conveyances, mortgages, leases, releases

and

or unregistered, must be acknowledged. If not, they will not

be accepted by the Register of Deeds for registration.
REQUIREMENT OF ACKNOWLEDGEMENT IS STATUTORY
The act of acknowledging instruments is statutory and only
those
c.

instruments

that

are

required

by

law

to

An affidavit consists of a statement of fact which is

sworn as to the truth, while an oath is a pledge.

discharges affecting lands, whether registered under Act 496

b.

OFFICIALS AUTHORIZED TO ADMINISTER OATH

A.
B.
C.
D.
E.
F.
G.

Notaries public
Judges
Clerks of courts
Secretary of either House of Congress of the PH
Bureau of directors
Register of deeds
Provincial governors and lieutenant in the Philippine service

H.

whose appointment is vested in the President of the PH

A person who by authority of law shall act in the capacity of

be

acknowledged shall be acknowledged.

ACKNOWLEDGEMENT IS A PERSONAL ACT
An instrument cannot be acknowledged by a person other

the officers mentioned abouve shall possess the same

powers.

than the one who executed it.

JURAT V. ACKNOWLEDGEMENT

METHOD OF ADMINISTERING AN OATH VARIES

a.

ON THE BIBLE
You do swear that the evidence which you shall give in the
matter now being heard shall be the truth, the whole truth

b.

and nothing but the truth so help me God

OATH OF OFFICE OF THE PRESIDENT OF THE REPUBLIC
OF THE PHILIPPINES
I do solemnly swear that I will faithfully and conscientiously
fulfill my duties as President of the Philippines, preserve and
defend its Constitution, execute laws, do justice to every
man, and consecrate myself to the service of the Nation. So
help me God.

AFFIRMATION/OATH
SEC. 2. Affirmation or Oath. - The term Affirmation or Oath
refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public;
(b) is personally known to the notary public or identified by
the notary public through competent evidence of identity as
defined by these Rules; and
(c)

avows under penalty of law to the whole truth of the

contents of the instrument or document.

OATH
-

Any form of attestation by which a person signifies that he is

bound in conscience to perform an act faithfully and truthfully

Is oath different from an affidavit?

AFFIDAVIT
It is a sworn statement in writing sworn before a notary or other
officers entitled to administer oaths or take acknowledgments.
AFFIDAVIT OF GOOD FAITH
A certificate included in the chattel mortgage contract executed by
both the mortgagor and mortgagee that the mortgage is constituted
to secure the specified obligation, and that the said obligation is valid,
just and subsisting obligation and not one entered into for the purpose
of fraud.
AFFIDAVIT OF MERIT
It is an affidavit which states that the defendant has a meritorious
defense of a substantial and not merely technical nature and stating
the facts constituting the same.

Whereas, the Supreme Court Committee on the Revision of the Rules

of Court, headed by Senior Associate Justice Antonio T. Carpio, and the
Sub-Committee on the Revision of the Rules on Civil Procedure,
headed by Associate Justice Roberto A. Abad, have recommended for
adoption a Judicial Affidavit Rule that will replicate nationwide the
success of the Quezon City experience in the use of judicial affidavits;
and
Whereas, the Supreme Court En Banc finds merit in the
recommendation;
NOW, THEREFORE, the Supreme Court En Banc hereby issues and
promulgates the following:
Section 1. Scope. - (a) This Rule shall apply to all actions,
proceedings, and incidents requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari' a Circuit
Courts but shall not apply to small claims cases
under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District
Courts;
(3) The Sandiganbayan, the Court of Tax Appeals,
the Court of Appeals, and the Shari'a Appellate
Courts;
(4) The investigating officers and bodies authorized
by the Supreme Court to receive evidence, including
the Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies,
whose rules of procedure are subject to disapproval
of the Supreme Court, insofar as their existing rules
of procedure contravene the provisions of this Rule.1

A.M. No. 12-8-8-SC

JUDICIAL AFFIDAVIT RULE
Whereas, case congestion and delays plague most courts in cities,
given the huge volume of cases filed each year and the slow and
cumbersome adversarial syste1n that the judiciary has in place;
Whereas, about 40% of criminal cases are dismissed annually owing to
the fact that complainants simply give up con1ing to court after
repeated postponements;
Whereas, few foreign businessmen make long-term investments in the
Philippines because its courts are unable to provide ample and speedy
protection to their investments, keeping its people poor;
Whereas, in order to reduce the time needed for completing the
testimonies of witnesses in cases under litigation, on February 21,
2012 the Supreme Court approved for piloting by trial courts in
Quezon City the compulsory use of judicial affidavits in place of the
direct testimonies of witnesses;
Whereas, it is reported that such piloting has quickly resulted in
reducing by about two-thirds the time used for presenting the
testimonies of witnesses, thus speeding up the hearing and
adjudication of cases;

(b) For the purpose of brevity, the above courts, quasi-judicial

bodies, or investigating officers shall be uniformly referred to
here as the "court."
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of
direct testimonies. - (a) The parties shall file with the court and serve
on the adverse party, personally or by licensed courier service, not
later than five days before pre-trial or preliminary conference or the
scheduled hearing with respect to motions and incidents, the
following:
(1) The judicial affidavits of their witnesses, which
shall take the place of such witnesses' direct
testimonies; and
(2) The parties' docun1entary or object evidence, if
any, which shall be attached to the judicial affidavits
and marked as Exhibits A, B, C, and so on in the case
of the complainant or the plaintiff, and as Exhibits 1,
2, 3, and so on in the case of the respondent or the
defendant.
(b) Should a party or a witness desire to keep the original
document or object evidence in his possession, he may, after
the same has been identified, marked as exhibit, and
authenticated, warrant in his judicial affidavit that the copy or
reproduction attached to such affidavit is a faithful copy or

reproduction of that original. In addition, the party or witness

shall bring the original document or object evidence for
comparison during the preliminary conference with the
attached copy, reproduction, or pictures, failing which the
latter shall not be admitted.
This is without prejudice to the introduction of secondary evidence in
place of the original when allowed by existing rules.
Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be
prepared in the language known to the witness and, if not in English or
Filipino, accompanied by a translation in English or Filipino, and shall
contain the following:
(a) The name, age, residence or business address, and
occupation of the witness;
(b) The name and address of the lawyer who conducts or
supervises the examination of the witness and the place
where the examination is being held;
(c) A statement that the witness is answering the questions
asked of him, fully conscious that he does so under oath, and
that he may face criminal liability for false testimony or
perjury;
(d) Questions asked of the witness and his corresponding
answers, consecutively numbered, that:
(1) Show the circumstances under which the witness
acquired the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to
the issues that the case presents; and
(3) Identify the attached documentary and object
evidence and establish their authenticity in
accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who
administers the oath or an officer who is authorized by law to
administer the same.
Section 4. Sworn attestation of the lawyer. - (a) The judicial affidavit
shall contain a sworn attestation at the end, executed by the lawyer
who conducted or supervised the examination of the witness, to the
effect that:
(1) He faithfully recorded or caused to be recorded
the questions he asked and the corresponding
answers that the witness gave; and
(2) Neither he nor any other person then present or
assisting him coached the witness regarding the
latter's answers.
(b) A false attestation shall subject the lawyer mentioned to
disciplinary action, including disbarment.
Section 5. Subpoena. - If the government employee or official, or the
requested witness, who is neither the witness of the adverse party nor
a hostile witness, unjustifiably declines to execute a judicial affidavit or
refuses without just cause to make the relevant books, documents, or

other things under his control available for copying, authentication,

and eventual production in court, the requesting party may avail
himself of the issuance of a subpoena ad testificandum or duces
tecum under Rule 21 of the Rules of Court. The rules governing the
issuance of a subpoena to the witness in this case shall be the same
as when taking his deposition except that the taking of a judicial
affidavit shal1 be understood to be ex parte.
Section 6. Offer of and objections to testimony in judicial affidavit. The party presenting the judicial affidavit of his witness in place of
direct testimony shall state the purpose of such testimony at the start
of the presentation of the witness. The adverse party may move to
disqualify the witness or to strike out his affidavit or any of the
answers found in it on ground of inadmissibility. The court shall
promptly rule on the motion and, if granted, shall cause the marking of
any excluded answer by placing it in brackets under the initials of an
authorized court personnel, without prejudice to a tender of excluded
evidence under Section 40 of Rule 132 of the Rules of Court.
Section 7. Examination of the witness on his judicial affidavit. - The
adverse party shall have the right to cross-examine the witness on his
judicial affidavit and on the exhibits attached to the same. The party
who presents the witness may also examine him as on re-direct. In
every case, the court shall take active part in examining the witness to
determine his credibility as well as the truth of his testimony and to
elicit the answers that it needs for resolving the issues.
Section 8. Oral offer of and objections to exhibits. - (a) Upon the
termination of the testimony of his last witness, a party shall
immediately make an oral offer of evidence of his documentary or
object exhibits, piece by piece, in their chronological order, stating the
purpose or purposes for which he offers the particular exhibit.
(b) After each piece of exhibit is offered, the adverse party
shall state the legal ground for his objection, if any, to its
admission, and the court shall immediately make its ruling
respecting that exhibit.
(c) Since the documentary or object exhibits form part of the
judicial affidavits that describe and authenticate them, it is
sufficient that such exhibits are simply cited by their
markings during the offers, the objections, and the rulings,
dispensing with the description of each exhibit.
Section 9. Application of rule to criminal actions. - (a) This rule shall
apply to all criminal actions:
(1) Where the maximum of the imposable penalty
does not exceed six years;
(2) Where the accused agrees to the use of judicial
affidavits, irrespective of the penalty involved; or
(3) With respect to the civil aspect of the actions,
whatever the penalties involved are.
(b) The prosecution shall submit the judicial affidavits of its
witnesses not later than five days before the pre-trial, serving
copies if the same upon the accused. The complainant or
public prosecutor shall attach to the affidavits such
documentary or object evidence as he may have, marking
them as Exhibits A, B, C, and so on. No further judicial
affidavit, documentary, or object evidence shall be admitted
at the trial.
(c) If the accused desires to be heard on his defense after
receipt of the judicial affidavits of the prosecution, he shall

have the option to submit his judicial affidavit as well as

those of his witnesses to the court within ten days from
receipt of such affidavits and serve a copy of each on the
public and private prosecutor, including his documentary and
object evidence previously marked as Exhibits 1, 2, 3, and so
on. These affidavits shall serve as direct testimonies of the
accused and his witnesses when they appear before the court
to testify.
Section 10. Effect of non-compliance with the judicial Affidavit Rule. (a) A party who fails to submit the required judicial affidavits and
exhibits on time shall be deemed to have waived their submission. The
court may, however, allow only once the late submission of the same
provided, the delay is for a valid reason, would not unduly prejudice
the opposing party, and the defaulting party pays a fine of not less
than P 1,000.00 nor more than P5,000.00 at the discretion of the
court.
(b) The court shall not consider the affidavit of any witness
who fails to appear at the scheduled hearing of the case as
required. Counsel who fails to appear without valid cause
despite notice shall be deemed to have waived his client's
right to confront by cross-examination the witnesses there
present.
(c) The court shall not admit as evidence judicial affidavits
that do not conform to the content requirements of Section 3
and the attestation requirement of Section 4 above. The court
may, however, allow only once the subsequent submission of
the compliant replacement affidavits before the hearing or
trial provided the delay is for a valid reason and would not
unduly prejudice the opposing party and provided further,
that public or private counsel responsible for their
preparation and submission pays a fine of not less
than P1,000.00 nor more than P 5,000.00, at the discretion of
the court.
Section 11. Repeal or modification of inconsistent rules. - The
provisions of the Rules of Court and the rules of procedure governing
investigating officers and bodies authorized by the Supreme Court to
receive evidence are repealed or modified insofar as these are
inconsistent with the provisions of this Rule.1wphi1
The rules of procedure governing quasi-judicial bodies inconsistent
herewith are hereby disapproved.
Section 12. Effectivity. - This rule shall take effect on January 1, 2013
following its publication in two newspapers of general circulation not
later than September 15, 2012. It shall also apply to existing cases.

CRESCENCIANO M. PITOGO, Complainant, v. ATTY. JOSELITO

TROY SUELLO, Respondent.
RESOLUTION
LEONEN, J.:
Crescenciano M. Pitogo (Pitogo) purchased a motorcycle from Emcor,
Inc. However, Emcor, Inc. allegedly failed to cause the registration of
the motorcycle under his name. Pitogo, thus, filed a Civil Complaint
before the Regional Trial Court against EMCOR, Inc.1
The motorcycle was eventually registered in Pitogos name based on
three (3) documents notarized by respondent Atty. Joselito Troy Suello
(Suello).2 The documents indicate that they are registered in Suellos
notarial register as follows:
1. Deed of Assignment between
Maria P. Ponce / Rogelio
Ponce and EMCOR, Inc.

Doc. No. 436;

Book No. 83;
Page No. 88;
Series of 20093

2. Deed of Sale with Assumption

of Mortgage between Maria P.
Ponce and Mariza G. Ono-on

Doc. No. 437,

Page No. 88;
Book No. 83,
Series of 20094

3. Deed of Sale with Assumption

of Mortgage between Mariza
G. Ono-on and Crescenciano M.
Pitogo

Doc. No. 235;

Page No. 85;
Book No. 83;
Series of 20095

Pitogo obtained a copy of the three (3) documents from the Land
Transportation Office, Danao City, Cebu. On August 3, 2009, he went
to Suellos office to have them certified. Pitogo claims that when he
called Suello the next day to tell him about the importance of these
documents to his civil case, Suello disowned the documents. 6 Suello
instead ordered his secretary to give Pitogo a copy of his notarial
register.7
In the letter dated August 7, 2009, Pitogo reiterated to Suello that the
documents were important in his civil case pending before the
Regional Trial Court. He requested Suello to certify the authenticity
and veracity of the three (3) documents he obtained from the Land
Transportation Office.8 He wanted to determine if the documents were
duly notarized by Suello or were merely fabricated. 9 Pitogo did not
receive a reply from Suello.10
On September 10, 2009, Pitogo filed his Affidavit-Complaint against
Suello before the Cebu Chapter of the Integrated Bar of the

Philippines. Pitogo alleges that there were discrepancies between the

three (3) documents notarized by Suello and Suellos entries in his
notarial register.11
Specifically, Pitogo claims that Suellos notarial register showed that
the above entries pertain to the following documents:
a. Doc. No. 436: Deed of Absolute Sale of Mr. Roel D. Rago; 12
b. Doc. No. 437: Deed of Absolute Sale of Mrs. Conchita Pitogo
Tautho;13
c. Doc. No. 235: Contract to Sell of BF Property Development
Corporation.14
In his Answer to the Affidavit-Complaint, Suello denies having
notarized the three (3) documents obtained from the Land
Transportation Office.15 He denies the allegation that he disowned the
documents.16 He admits that he certified the documents as true
copies.17
In his Position Paper, Suello explains that it was his secretary who
certified Pitogos documents on August 3, 2009. 18 Pitogo called Suello
the next day to ask for a certification.19 When he advised Pitogo that
he can get it at his office after verifying the documents, Pitogo
informed him that his secretary already certified them as true
copies.20 Suello told Pitogo that his secretary was not given such
authority.21
Suello also claims that Pitogo threatened to file an administrative case
against him if he did not issue a certification stating whether the
documents were really notarized by him or were fabricated. 22
According to Suello, Pitogo needed the certification that the three (3)
documents used to register the motorcycle under his name were
fabricated so he could claim P1.7 million in damages for EMCOR, Inc.s
alleged non-registration of his motorcycle.23 Pitogos claim against
EMCOR, Inc. was apparently mooted by the registration of the
motorcycle under his name.
On January 10, 2012, Commissioner Hector B. Almeyda of the
Commission on Bar Discipline of the Integrated Bar of the Philippines
recommended Suellos suspension from the active practice of law for
six (6) months, as well as the revocation of his commission as a notary
public. He also recommended Suellos disqualification as notary public
for two (2) years.24
On April 15, 2013, the Integrated Bar of the Philippines Board of
Governors issued the Resolution adopting and approving the findings
of Commissioner Almeydas recommendation but further
recommended to increase the penalty of disqualification as notary
public to four (4) years, thus:
RESOLVED to ADOPT and APPROVE, as it is hereby unanimously
ADOPTED and APPROVED, with modification, the Report and
Recommendation of the Investigating Commissioner in the aboveentitled case, herein made part of this Resolution as Annex A, and
finding the recommendation fully supported by evidence on record
and the applicable laws and rules and considering respondent violated
the Rule 1.01, Canon 1 of the Code of Professional Responsibility, Atty.
Joselito Troy Suellos Notarial Commission is hereby REVOKED
immediately if presently commissioned and DISQUALIFIED from
reappointment as Notary Public for four (4) years.25 (Emphasis
in the original)
Suello filed a Motion for Reconsideration of the April 15, 2013
Integrated Bar of the Philippines Board of Governors Resolution based
on the ground that the penalty imposed on him was excessive:
1. That the sanction imposed is excessive. The respondent realizes
that the mere existence of those documents with his notarization
makes him inevitably answerable for them. Regardless how unaware
he may be of how these came about, he is still the only one to answer
for them. Not the complainant and not any party who may have
access to his office implements to do this. It made him aware of the
need review his procedure to avoid these mistakes. Respondent
however finds the sanction against him is much too excessive and
respectfully invokes the following, to wit:
A.

This is the first infraction lodged against him in his 15 years

of practice.

B.

The respondent is not in bad faith and has no dishonest or

selfish motive.

C.

There is no actual or potential injury caused to any private

party;26

Suello also apologized for his oversight:

2. That substantial justice has not been done. The respondent
completely understands that this matter only pertains to him and his
liability and not about anybody or anything else. His indignation
distracted him to the mistaken belief that the complainants dubious
motives would not merit his complaint attention because he did not
come with clean hands. After being properly reminded, the
respondent realizes his mistake and respectfully apologizes for his
oversight to this Honorable Commission. The respondent finds it
however grossly unjust that he is imposed with such sanction for
resisting to accommodate and be a part of the unscrupulous
undertaking sought to be accomplished motivating the complaint
which is much bigger wrong.27
On May 3, 2014, the Integrated Bar of the Philippines Board of
Governors issued the Resolution partially granting Suellos Motion for
Reconsideration, thus:
RESOLVED to DENY Respondents Motion for Reconsideration, there
being no cogent reason to reverse the findings of the Commission and
the resolution subject of the motion, it being a mere reiteration of the
matters which had already been threshed out and taken into
consideration under Resolution No. XX-2013-416 dated April 15, 2013.
However the Board DEEMED it judicious to reduce the penalty
imposed on Atty. Joselito Troy Suello from DISQUALIFICATION from
reappointment as Notary Public from four (4) years to two (2) years.
The IMMEDIATE REVOCATION of his Notarial Commission, if existing,
under said Resolution stands.28 (Emphasis in the original)
After reviewing the case records and considering the parties
submissions, this court adopts the findings of the Integrated Bar of the
Philippines Board of Governors in its May 3, 2014 Resolution but
modifies the penalties imposed upon respondent Atty. Joselito Troy
Suello.
Respondent is administratively liable for his negligence in keeping and
maintaining his notarial register. Recording every notarial act in the
notarial register is required under Rule VI the Notarial Rules, 29 thus:
Sec. 2. Entries in the Notarial Register. (a) For every notarial act, the
notary shall record in the notarial register at the time of the
notarization the following:
(1) The entry number and page number;
(2) The date and time of day of the notarial act;
(3) The type of notarial act;
(4) The title or description of the instrument, document or proceeding;
(5) The name and address of each principal;
(6) The competent evidence of identity as defined by these Rules if
the signatory is not personally known to the notary;
(7) The name and address of each credible witness swearing to or
affirming the persons identity;
(8) The fee charged for the notarial act;
(9) The address where the notarization was performed if not in the
notarys regular place of work or business; and
(10) Any other circumstance the notary public may deem of
significance or relevance.
....
(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.
Failure to properly record entries in the notarial register is also a
ground for revocation of notarial commission:
SECTION 1. Revocation and Administrative Sanctions. . . . .
(b) In addition, the Executive Judge may revoke the commission of, or
impose appropriate administrative sanctions upon, any notary public

who:
....
(2) fails to make the proper entry or entries in his notarial register
concerning his notarial acts[.]30
Notarial acts give private documents a badge of authenticity that the
public relies on when they encounter written documents and engage
in written transactions. Hence, all notaries public are duty-bound to
protect the integrity of notarial acts by ensuring that they perform
their duties with utmost care. This court explained in Bote v. Judge
Eduardo:31
A notarial register is prima facie evidence of the facts there stated. It
has the presumption of regularity and to contradict the veracity of the
entry, evidence must be clear, convincing, and more than merely
preponderant. . . .
....
. . . Notarization is not an empty, meaningless, routinary act. It is
invested with such substantial public interest that only those who are
qualified or authorized may act as notaries public. Notarization
converts a private document into a public document, making that
document admissible in evidence without further proof of its
authenticity. For this reason, notaries must observe with utmost care
the basic requirements in the performance of their duties. Otherwise,
the confidence of the public in the integrity of this form of conveyance
would be undermined.32
Hence, when respondent negligently failed to enter the details of the
three (3) documents on his notarial register, he cast doubt on the
authenticity of complainants documents. He also cast doubt on the
credibility of the notarial register and the notarial process. He violated
not only the Notarial Rules but also the Code of Professional
Responsibility, which requires lawyers to promote respect for law and
legal processes.33
Respondent also appears to have committed a falsehood in the
pleadings he submitted. In his Answer to complainants AffidavitComplaint, respondent claimed that he certified complainants
documents as true copies.34 Later, in his Position Paper, he passed the
blame to his secretary.35 This violates the Code of Professional
Responsibility, which prohibits lawyers from engaging in dishonest and
unlawful conduct.36
Respondents secretary cannot be blamed for the erroneous entries in
the notarial register. The notarial commission is a license held
personally by the notary public. It cannot be further delegated. It is
the notary public alone who is personally responsible for the
correctness of the entries in his or her notarial register.37
Respondents apparent remorse may assuage the injury done
privately, but it does not change the nature of the violation.
Besides, respondents remorse was displayed after a penalty was
recommended by the Integrated Bar of the Philippines Board of
Governors. It was not motivated by a realization of a wrong
committed on an individual but only by a desire to temper the
penalty. It came too late.
In Agadan, et al. v. Atty. Kilaan,38 the same violations of Notarial Rules
and Code of Professional Responsibility were meted with the penalty of
one-year suspension of notarial commission and three-month
suspension from the practice of law.39 We find the same penalties
proper under the circumstances.
WHEREFORE, we find respondent Atty. Joselito Troy Suello GUILTY of
violating Canon 1 and Rule 1.01 of the Code of Professional
Responsibility and the 2004 Rules on Notarial Practice. Accordingly,
he is SUSPENDED from the practice of law for three (3) months and
is STERNLY WARNED that any similar violation will be dealt with

more severely. His notarial commission is immediately revoked if

presently commissioned. He is DISQUALIFIED from being
commissioned as notary public for one (1) year.
SO ORDERED.