Republic of the Philippines

SUPREME COURT
Manila
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;
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. 08-8-7SC;
(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
(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.

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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
(a) to promote, serve, and protect public interest; chan robles
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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:chanroblesvirtuallawlibrary
(a) appears in person before the notary public and presents an
integrally
complete
instrument
or
document;
chan
robles
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law
library

(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
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virtual
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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
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(b) is personally known to the notary public or identified by the
notary public through competent evidence of identity as defined
by these Rules; and chan robles virtual law library
(c) avows under penalty of law to the whole truth of the
contents of the instrument or document.
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:chanroblesvirtuallawlibrary
(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.
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

competent evidence of identity refers to the identification of an

individual based on:chanroblesvirtuallawlibrary

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

a single occasion:chanroblesvirtuallawlibrary
(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.cralaw
SEC. 10. Principal. - Principal refers to a person appearing
before the notary public whose act is the subject of
notarization. chan robles virtual law library
SEC. 11. Regular Place of Work or Business. - The term regular
place of work or business refers to a stationary office in the city
or province wherein the notary public renders legal and notarial
services. chan robles virtual law library
SEC.

12.

Competent

Evidence

of

Identity.

The

phrase

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

official agency bearing the photograph and signature of the
individual;
or chan
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library
(b) the oath or affirmation of one credible witness not privy to
the instrument, document or transaction who is personally known
to the notary public and who personally knows the individual, or
of two credible witnesses neither of whom is privy to the
instrument, document or transaction who each personally knows
the individual and shows to the notary public documentary
identification.
SEC. 13. Official Seal or Seal. - Official seal or Seal refers to a
device for affixing a mark, image or impression on all papers
officially signed by the notary public conforming the requisites
prescribed by these Rules.
SEC. 14. Signature Witnessing. - The term signature witnessing
refers to a notarial act in which an individual on a single
occasion: chan robles virtual law library
(a) appears in person before the notary public and presents an
instrument
or
document;
(b) is personally known to the notary public or identified by the
notary public through competent evidence of identity as defined
by these Rules; and chan robles virtual law library
(c) signs the instrument or document in the presence of the
notary public.
SEC. 15. Court. - Court refers to the Supreme Court of the
Philippines.
SEC. 16. Petitioner. - Petitioner refers to a person who applies
for a notarial commission.cralaw
SEC. 17. Office of the Court Administrator. - Office of the Court
Administrator refers to the Office of the Court Administrator of

the Supreme Court.cralaw

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

shall include the following:chanroblesvirtuallawlibrary

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

Executive Judge of the Regional Trial Court of a city or province
who issues a notarial commission.cralaw
SEC. 19. Vendor. - Vendor under these Rules refers to a seller
of a notarial seal and shall include a wholesaler or retailer. chan
robles virtual law library
SEC. 20. Manufacturer. - Manufacturer under these Rules
refers to one who produces a notarial seal and shall include an
engraver and seal maker. chan robles virtual law library
RULE III
COMMISSIONING OF NOTARY PUBLIC
SECTION 1. Qualifications. - A notarial commission may be issued
by an Executive Judge to any qualified person who submits a
petition in accordance with these Rules. chan robles virtual law
library
To be eligible for commissioning
petitioner:chanroblesvirtuallawlibrary

as

notary

public,

the

(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
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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
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library
(4) must be a member of the Philippine Bar in good standing with
clearances from the Office of the Bar Confidant of the Supreme
Court and the Integrated Bar of the Philippines; and
(5) must not have been convicted in the first instance of any
crime involving moral turpitude.
SEC. 2. Form of the Petition and Supporting Documents. - Every

(a)
a
statement
containing
the
petitioner's
personal
qualifications, including the petitioner's date of birth, residence,
telephone number, professional tax receipt, roll of attorney's
number
and
IBP
membership
number;
(b) certification of good moral character of the petitioner by at
least two (2) executive officers of the local chapter of the
Integrated Bar of the Philippines where he is applying for
commission;
(c) proof of payment for the filing of the petition as required by
these
Rules;
and
(d) three (3) passport-size color photographs with light
background taken within thirty (30) days of the application. The
photograph should not be retouched. The petitioner shall sign his
name at the bottom part of the photographs.
SEC. 3. Application Fee. - Every petitioner for a notarial
commission shall pay the application fee as prescribed in the
Rules of Court. chan robles virtual law library
SEC. 4. Summary Hearing on the Petition. - The Executive Judge
shall conduct a summary hearing on the petition and shall grant
the same if:chanroblesvirtuallawlibrary
(a)
the petition is sufficient in form and substance;
(b) the petitioner proves the allegations contained in the
petition;
and
(c) the petitioner establishes to the satisfaction of the Executive
Judge that he has read and fully understood these Rules.
The Executive Judge shall forthwith issue a commission and a
Certificate of Authorization to Purchase a Notarial Seal in favor of
the petitioner.chan robles virtual law library

SEC. 5. Notice of Summary Hearing. (a) The notice of summary hearing shall be published in a
newspaper of general circulation in the city or province where the
hearing shall be conducted and posted in a conspicuous place in
the offices of the Executive Judge and of the Clerk of Court. The
cost of the publication shall be borne by the petitioner. The notice
may
include
more
than
one
petitioner.
(b)
The notice shall be substantially
form:chanroblesvirtuallawlibrary

in

the

following

NOTICE OF HEARING
Notice is hereby given that a summary hearing on the
petition for notarial commission of (name of petitioner)
shall be held on (date) at (place) at (time). Any person
who has any cause or reason to object to the grant of the
petition may file a verified written opposition thereto,
received by the undersigned before the date of the
summary hearing.chanrobles virtual law library chan robles
virtual law library
_____________________
Executive Judge
SEC. 6. Opposition to Petition. - Any person who has any cause
or reason to object to the grant of the petition may file a verified
written opposition thereto. The opposition must be received by
the Executive Judge before the date of the summary
hearing. chan robles virtual law library
SEC. 7. Form of Notarial Commission. - The commissioning of a
notary public shall be in a formal order signed by the Executive
Judge
substantially
in
the
following
form:chanroblesvirtuallawlibrary
REPUBLIC
OF
THE
PHILIPPINES
REGIONAL TRIAL COURT OF ______________

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

place of work or business) in (city or province) was on this
(date) day of (month) two thousand and (year)
commissioned by the undersigned as a notary public,
within and for the said jurisdiction, for a term ending the
thirty-first day of December (year) chan robles virtual law
library
________________________
Executive Judge
SEC. 8. Period Of Validity of Certificate of Authorization to
Purchase a Notarial Seal. - The Certificate of Authorization to
Purchase a Notarial Seal shall be valid for a period of three (3)
months from date of issue, unless extended by the Executive
Judge.
A mark, image or impression of the seal that may be purchased
by the notary public pursuant to the Certificate shall be presented
to the Executive Judge for approval prior to use.cralaw
SEC. 9. Form of Certificate of Authorization to Purchase a
Notarial Seal. - The Certificate of Authorization to Purchase a
Notarial Seal shall substantially be in the following
form:chanroblesvirtuallawlibrary

REPUBLIC
OF
THE
PHILIPPINES
REGIONAL TRIAL COURT OF_____________ chan robles
virtual law library
CERTIFICATE
OF
AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL chan robles virtual law
library
This is to authorize (name of notary public) of (city or
province) who was commissioned by the undersigned as a
notary public, within and for the said jurisdiction, for a
term ending, the thirty-first of December (year) to
purchase a notarial seal.chanrobles virtual law library chan

robles virtual law library

Public may only be reinstated therein after he is issued a new

commission in accordance with these Rules. chan robles virtual
law library

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

________________________
Executive

Judge

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

commissioned as notary public shall have only one official seal of
office in accordance with these Rules.
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.cralaw
Failure to file said application will result in the deletion of the
name of the notary public in the register of notaries public.cralaw
The notary public thus removed from the Register of Notaries

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

Executive Judge shall, upon payment of the application fee
mentioned in Section 3 above of this Rule, act on an application
for the renewal of a commission within thirty (30) days from
receipt thereof. If the application is denied, the Executive Judge
shall state the reasons therefor.cralaw
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
SECTION 1. Powers. - (a) A notary public is empowered to
perform the following notarial acts:chanroblesvirtuallawlibrary
(1)acknowledgments;
(2)oaths
and
(3)jurats;
(4)signature
(5)copy
certifications;
(6) any other act authorized by these Rules.

affirmations;
witnessings;
and

(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:chanroblesvirtuallawlibrary
(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"; and chan robles virtual law library
(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:chanroblesvirtuallawlibrary
(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 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:chanroblesvirtuallawlibrary
(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:chanroblesvirtuallawlibrary
(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 robles virtual law library
(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:chanroblesvirtuallawlibrary
(a) a blank or incomplete instrument or document; orchan robles
virtual
law
library
(b) an instrument or document without appropriate notarial

certification.

RULE VI
NOTARIAL REGISTER
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.
chan
robles
virtual
law
library
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.cralaw
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.cralaw
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.cralaw
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.cralaw

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 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.cralaw
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.cralaw
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.cralaw
(d) When the instrument or document is a contract, the notary
public shall keep an original copy thereof as part of his records
and enter in said records a brief description of the substance
thereof and shall give to each entry a consecutive number,
beginning with number one in each calendar year. He shall also
retain a duplicate original copy for the Clerk of Court.cralaw
(e) The notary public shall give to each instrument or document
executed, sworn to, or acknowledged before him a number
corresponding to the one in his register, and shall also state on
the instrument or document the page/s of his register on which
the same is recorded. No blank line shall be left between
entries.cralaw
(f) In case of a protest of any draft, bill of exchange or
promissory note, the notary public shall make a full and true
record of all proceedings in relation thereto and shall note therein
whether the demand for the sum of money was made, by whom,
when, and where; whether he presented such draft, bill or note;
whether notices were given, to whom and in what manner;
where the same was made, when and to whom and where
directed; and of every other fact touching the same.cralaw
(g) At the end of each week, the notary public shall certify in his
notarial register the number of instruments or documents
executed, sworn to, acknowledged, or protested before him; or if

none, this certificate shall show this fact.cralaw

(h) A certified copy of each month's entries and a duplicate
original copy of any instrument acknowledged before the notary
public shall, within the first ten (10) days of the month following,
be forwarded to the Clerk of Court and shall be under the
responsibility of such officer. If there is no entry to certify for the
month, the notary shall forward a statement to this effect in lieu
of certified copies herein required.cralaw
SEC. 3. Signatures and Thumbmarks. - At the time of
notarization, the notary's notarial register shall be signed or a
thumb or other mark affixed by each:chanroblesvirtuallawlibrary
(a)
principal;
(b) credible witness swearing or affirming to the identity of a
principal;
and
(c) witness to a signature by thumb or other mark, or to a
signing by the notary public on behalf of a person physically
unable to sign.
SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's
presence, any person may inspect an entry in the notarial
register, during regular business hours, provided;
(1) the person's identity is personally known to the notary public
or proven through competent evidence of identity as defined in
these
Rules;
(2) the person affixes a signature and thumb or other mark or
other recognized identifier, in the notarial register in a separate,
dated
entry;
(3) the person specifies the month, year, type of instrument or
document, and name of the principal in the notarial act or acts
sought;
and
(4) the person is shown only the entry or entries specified by
him.
(b) The notarial register may be examined by a law enforcement
officer in the course of an official investigation or by virtue of a

court order.
(c) If the notary public has a reasonable ground to believe that a
person has a criminal intent or wrongful motive in requesting
information from the notarial register, the notary shall deny
access to any entry or entries therein.cralaw
SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In
case the notarial register is stolen, lost, destroyed, damaged, or
otherwise rendered unusable or illegible as a record of notarial
acts, the notary public shall, within ten (10) days after informing
the appropriate law enforcement agency in the case of theft or
vandalism, notify the Executive Judge by any means providing a
proper receipt or acknowledgment, including registered mail and
also provide a copy or number of any pertinent police
report.cralaw
(b) Upon revocation or expiration of a notarial commission, or
death of the notary public, the notarial register and notarial
records shall immediately be delivered to the office of the
Executive Judge.cralaw
SEC. 6. Issuance of Certified True Copies. - The notary public
shall supply a certified true copy of the notarial record, or any
part thereof, to any person applying for such copy upon payment
of the legal fees.cralaw
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. In notarizing a paper instrument
or document, a notary public shall:chanroblesvirtuallawlibrary
(a) sign by hand on the notarial certificate only the name
indicated and as appearing on the notary's commission;chan
robles
virtual
law
library
(b) not sign using a facsimile stamp or printing device; and
(c) affix his official signature only at the time the notarial act is
performed.

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

public shall have a seal of office, to be procured at his own
expense, which shall not be possessed or owned by any other
person. It shall be of metal, circular in shape, two inches in
diameter, and shall have the name of the city or province and the
word Philippines and his own name on the margin and the roll
of attorney's number on the face thereof, with the words "notary
public" across the center. A mark, image or impression of such
seal shall be made directly on the paper or parchment on which
the writing appears.
(b) The official seal shall be affixed only at the time the notarial
act is performed and shall be clearly impressed by the notary
public on every page of the instrument or document
notarized. chan robles virtual law library
(c) When not in use, the official seal shall be kept safe and
secure and shall be accessible only to the notary public or the
person duly authorized by him. chan robles virtual law library
(d) Within five (5) days after the official seal of a notary public is
stolen, lost, damaged or other otherwise rendered unserviceable
in affixing a legible image, the notary public, after informing the
appropriate law enforcement agency, shall notify the Executive
Judge in writing, providing proper receipt or acknowledgment,
including registered mail, and in the event of a crime committed,
provide a copy or entry number of the appropriate police record.
Upon receipt of such notice, if found in order by the Executive
Judge, the latter shall order the notary public to cause notice of
such loss or damage to be published, once a week for three (3)
consecutive weeks, in a newspaper of general circulation in the
city or province where the notary public is commissioned.
Thereafter, the Executive Judge shall issue to the notary public a
new Certificate of Authorization to Purchase a Notarial
Seal.cralaw
(e) Within five (5) days after the death or resignation of the
notary public, or the revocation or expiration of a notarial
commission, the official seal shall be surrendered to the
Executive Judge and shall be destroyed or defaced in public
during office hours. In the event that the missing, lost or

damaged seal is later found or surrendered, it shall be delivered

by the notary public to the Executive Judge to be disposed of in
accordance with this section. Failure to effect such surrender shall
constitute contempt of court. In the event of death of the notary
public, the person in possession of the official seal shall have the
duty to surrender it to the Executive Judge.cralaw
SEC. 3. Seal Image. - The notary public shall affix a single, clear,
legible, permanent, and photographically reproducible mark,
image or impression of the official seal beside his signature on
the notarial certificate of a paper instrument or document.cralaw
SEC. 4. Obtaining and Providing Seal. - (a) A vendor or
manufacturer of notarial seals may not sell said product without a
written authorization from the Executive Judge.cralaw
(b) Upon written application and after payment of the application
fee, the Executive Judge may issue an authorization to sell to a
vendor or manufacturer of notarial seals after verification and
investigation of the latter's qualifications. The Executive Judge
shall charge an authorization fee in the amount of PhP 4,000 for
the vendor and PhP 8,000 for the manufacturer. If a
manufacturer is also a vendor, he shall only pay the
manufacturer's authorization fee.cralaw
(c) The authorization shall be in effect for a period of four (4)
years from the date of its issuance and may be renewed by the
Executive Judge for a similar period upon payment of the
authorization fee mentioned in the preceding paragraph.cralaw

Seal.cralaw
(f) After the sale, the vendor or manufacturer shall affix a mark,
image or impression of the seal to the Certificate of Authorization
to Purchase a Notarial Seal and submit the completed Certificate
to the Executive Judge. Copies of the Certificate of Authorization
to Purchase a Notarial Seal and the buyer's commission shall be
kept in the files of the vendor or manufacturer for four (4) years
after the sale.cralaw
(g) A notary public obtaining a new seal as a result of change of
name shall present to the vendor a certified copy of the order
confirming the change of name issued by the Executive
Judge.cralaw
RULE VIII
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. - The notarial form used
for any notarial instrument or document shall conform to all the
requisites prescribed herein, the Rules of Court and all other
provisions of issuances by the Supreme Court and in applicable
laws. chan robles virtual law library
SEC. 2. Contents of the Concluding Part of the Notarial
Certificate. The notarial certificate shall include the
following:chanroblesvirtuallawlibrary

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

except upon submission of a certified copy of the commission and
the Certificate of Authorization to Purchase a Notarial Seal issued
by the Executive Judge. A notary public obtaining a new seal as a
result of change of name shall present to the vendor or
manufacturer a certified copy of the Confirmation of the Change
of Name issued by the Executive Judge.cralaw

(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.

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

each Certificate of Authorization to Purchase a Notarial

RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

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

certificate of authority evidencing the authenticity of the official
seal and signature of a notary public shall be issued by the
Executive Judge upon request in substantially the following
form: chan robles virtual law library
CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT
I, (name, title, jurisdiction of the Executive Judge), certify
that (name of notary public), the person named in the seal
and signature on the attached document, is a Notary
Public in and for the (City/Municipality/Province) of the
Republic of the Philippines and authorized to act as such
at the time of the document's notarization.chanrobles
virtual law library chan robles virtual law library
IN WITNESS WHEREOF, I have affixed below my signature
and seal of this office this (date) day of (month)
(year).chanrobles virtual law library chan robles virtual law
library
_________________
(official
signature)
(seal of Executive Judge)
RULE X
CHANGES OF STATUS OF NOTARY PUBLIC
SECTION 1. Change of Name and Address. Within ten (10) days after the change of name of the notary
public by court order or by marriage, or after ceasing to maintain
the regular place of work or business, the notary public shall
submit a signed and dated notice of such fact to the Executive
Judge.
The
notary
public
until:chanroblesvirtuallawlibrary

shall

not

notarize

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

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

work

or

business;

and

(b) a new seal bearing the new name has been obtained.
The foregoing notwithstanding, until the aforementioned steps
have been completed, the notary public may continue to use the
former name or regular place of work or business in performing
notarial acts for three (3) months from the date of the change,
which may be extended once for valid and just cause by the
Executive Judge for another period not exceeding three (3)
months.
SEC. 2. Resignation. - A notary public may resign his commission
by personally submitting a written, dated and signed formal
notice to the Executive Judge together with his notarial seal,
notarial register and records. Effective from the date indicated in
the notice, he shall immediately cease to perform notarial acts.
In the event of his incapacity to personally appear, the
submission of the notice may be performed by his duly
authorized representative.cralaw
SEC. 3. Publication of Resignation. - The Executive Judge shall
immediately order the Clerk of Court to post in a conspicuous
place in the offices of the Executive Judge and of the Clerk of
Court the names of notaries public who have resigned their
notarial commissions and the effective dates of their
resignation.cralaw
RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY
SANCTIONS
SECTION 1. Revocation and Administrative Sanctions. - (a) The
Executive Judge shall revoke a notarial commission for any
ground on which an application for a commission may be
denied. chan robles virtual law library
(b) In addition, the Executive Judge may revoke the commission
of, or impose appropriate administrative sanctions upon, any

notary public who:chanroblesvirtuallawlibrary

(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
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).cralaw
SEC. 2. Supervision and Monitoring of Notaries Public. - The
Executive Judge shall at all times exercise supervision over
notaries public and shall closely monitor their activities. chan
robles virtual law library
SEC. 3. Publication of Revocations and Administrative Sanctions.
- The Executive Judge shall immediately order the Clerk of Court
to 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.cralaw
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:chanroblesvirtuallawlibrary
(a) knowingly acts or otherwise impersonates a notary
public; chan
robles
virtual
law
library
(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

Sec. 2. Applicability. This rule shall apply to all courts and quasi-judicial bodies under the
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, YnarezSantiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona,
Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.cralaw
A.M. No. 11-9-4-SC
EFFICIENT USE OF PAPER RULE
Whereas, to produce 500 reams of paper, twenty trees are cut and 100,000 liters of water are
used, water that is no longer reusable because it is laden with chemicals and is just released
to the environment to poison our rivers and seas;
Whereas, there is a need to cut the judicial systems use excessive quantities of costly paper,
save our forests, avoid landslides, and mitigate the worsening effects of climate change that
the world is experiencing;
Whereas, the judiciary can play a big part in saving our trees, conserving precious water and
helping mother earth;
NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the
following:
Sec. 1. Title of the Rule This rule shall be known and cited as the Efficient Use of Paper
Rule.

administrative supervision of the Supreme Court.

Sec. 3. Format and Style. a) All pleadings, motions and similar papers intended for the
court and quasi-judicial bodys consideration and action (court-bound papers) shall written in
single space with one-and-a half space between paragraphs, using an easily readable font
style of the partys choice, of 14-size font, and on a 13 inch by 8.5- inch white bond paper;
and
b) All decisions, resolutions and orders issued by courts and quasi-judicial bodies under the
administrative supervision of the Supreme Court shall comply with these requirements.
Similarly covered are the reports submitted to the courts and transcripts of stenographic
notes.
Sec. 4. Margins and Prints . The parties shall maintain the following margins on all courtbound papers: a left hand margin of 1.5 inches from the edge; an upper margin of 1.2 inches
from the edge; a right hand margin of 1.0 inch from the edge; and a lower margin of 1.0 inch
from the edge. Every page must be consecutively numbered.
Sec. 5. Copies to be filed. Unless otherwise directed by the court, the number of courtbound papers that a party is required or desires to file shall be as follows:
a. In the Supreme Court, one original (properly marked) and four copies, unless the case is
referred to the Court En Banc, in which event, the parties shall file ten additional copies. For
the En Banc, the parties need to submit only two sets of annexes, one attached to the original
and an extra copy. For the Division, the parties need to submit also two sets of annexes, one
attached to the original and an extra copy. All members of the Court shall share the extra
copies of annexes in the interest of economy of paper.
Parties to cases before the Supreme Court are further required, on voluntary basis for the first
six months following the effectivity of this Rule and compulsorily afterwards unless the period
is extended, to submit, simultaneously with their court-bound papers, soft copies of the same
and their annexes (the latter in PDF format) either by email to the Courts e-mail address or
by compact disc (CD). This requirement is in preparation for the eventual establishment of an
e-filing paperless system in the judiciary.

b. In the Court of Appeals and the Sandiganbayan, one original (properly marked) and two

Sec. 6. Annexes Served on Adverse Party. A party required by the rules to serve a copy of

copies with their annexes;

his court-bound on the adverse party need not enclose copies of those annexes that based

c. In the Court of Tax Appeals, one original (properly marked) and two copies with annexes.
On appeal to the En Banc, one Original (properly marked) and eight copies with annexes; and
d. In other courts, one original (properly marked) with the stated annexes attached to it.

on the record of the court such party already has in his possession. In the event a party
requests a set of the annexes actually filed with the court, the part who filed the paper shall
comply with the request within five days from receipt.
Sec. 7. Date of Effectivity. This rule shall take effect on January 1, 2013 after publication in
two newspapers of general circulation in the Philippines.