CIRCULAR NO.

1-90 February 26, 1990

TO: ALL JUDGES OF THE METROPOLITAN TRIAL COURTS (METC), MUNICIPAL TRIAL COURTS IN CITIES (MTCC),
MUNICIPAL TRIAL COURTS (MTC), MUNICIPAL CIRCUIT TRIAL COURTS (MCTC) SHARI'A COURTS, AND THE
INTEGRATED BAR OF THE PHILIPPINES (IBP)
SUBJECT: POWER OF THE MUNICIPAL TRIAL COURT JUDGES AND MUNICIPAL CIRCUIT TRIAL COURT JUDGES TO
ACT AS NOTARIES PUBLIC EX OFFICIO

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

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

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

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

However, the Court, taking judicial notice of the fact that there are still municipalities which have neither lawyers
nor notaries public, rules that MTC and MCTC judges assigned to municipalities or circuits with no lawyers or
notaries public may, in the capacity as notaries public ex officio, perform any act within the competency of a
regular notary public, provided that: (1) all notarial fees charged be for the account of the Government and
turned over to the municipal treasurer (Lapena, Jr. vs. Marcos, Adm. Matter No. 1969-MJ, June 29, 1982, 114
SCRA 572); and, (2) certification be made in the notarized documents attesting to the lack of any lawyer or notary
public in such municipality or circuit.
Guidelines relative to printing and distribution of notarial books, 2004 Rules on Notarial Practice, A.M. No. 02-8-13-
SC, SC En Banc Resolution dated August 15, 2006
Re: 2004 Rules on Notarial Practice
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated AUG 15 2006.
“A.M. No. 02-8-13-SC.- Re: 2004 Rules on Notarial Practice.- The Court Resolved to

(a) APPROVE the Proposed Guidelines in the Implementation of the Provisions of the Memorandum of Agreement
between the Office of the Court Administrator and the Office of the Solicitor General relative to printing and distribution
of Notarial Books, to wit:

1. Notaries public who render legal and notarial services within the National Capital Judicial Region shall secure
their notarial registers from the Property Division, Office of the Administrative Services of the Office of the Court
Administrator (OCA).

2. Notaries public in other judicial regions shall secure their notarial registers from the Office of the Clerk of Court
(OCC) of the Regional Trial Court (RTC) of the city or province under the supervision of the Executive Judge who
issued their respective notarial commissions. However, they may also secure notarial registers from the Office of
the Court Administrator.

3. Notarial registers shall be available at P1,200.00[1][1] each. Said amount shall cover only the costs of printing
and binding of the notarial registers exclusive of shipping charges when sold in the provinces. Payments shall be
made either to the Cash Division, Financial Management Office, OCA, or to the Clerk of Court/accountable officer in
the OCC of the RTC, as the case may be.

a. The amount collected shall be receipted and deposited to a separate account of the fiduciary fund to be
known as the “Notarial Register Fund” (NRF).

b. The Cash Division, FMO, OCA, shall maintain with the Land Bank of the Philippines a separate special
account of the fiduciary fund specifically for the NRF. A separate cashbook shall also be kept and maintained
for the fund. Withdrawals of deposits shall be made only upon authorization or approval by the Chief Justice
or his duly authorized representative.

c. The Court Administrator and the Financial Office of the OCA shall be the authorized signatories for this fund.

4. In view of the current unavailability of notarial registers, notaries public shall be allowed to use the temporary
form attached hereto. The notary public concerned shall file a written request to use the improvised form with the
executive judge that issued his commission. A copy of his current commission shall be attached to such request.

The notaries public who have been authorized to use such forms shall have them book-bound and initialed on each
and every page by the executive judge before whom the request was filed. Each bound copy shall have a maximum
of 106 pages and shall be treated and used in the same manner as the new notarial book.

Each request shall be limited to one bound copy. Should the bound copy be used up before the new notarial books
are available, the notary public concerned may request anew for the use of bound temporary forms. The use of
bound temporary forms shall end when the new notarial books are available but, upon written request, the
executive judge may allow the notary public to use up the bound temporary forms.

5. The OCA shall, within the first ten (10) days of the first month of every quarter remit to the Office of the Solicitor
General an amount equivalent to 10% of the gross collections during the preceding quarter as the share of the OSG
in the sale of the notarial registers.
 6. The printed certification of the Court Administrator as to the number of pages of each notarial register shall be
countersigned by the following:
a. In the National Capital Judicial Region, the official of the Office of the Court Administrator authorized by the
Court Administrator to so countersign; and
b. In the case of the other judicial regions, the Clerk of Court of the Regional Trial Court of the city or province
where such book has been obtained for cost.

7. The Supreme Court Printing Office shall print the notarial registers. In the event the Printing Office cannot meet
the requirements of the OCA, and subject to Republic Act No. 9184 (Government Procurement Reform Act), its
implementing rules and regulations, and existing Supreme Court issuances on procurement, the Court
Administrator may contract out the printing of notarial registers to the following printers in the following order:
a. UP Printing Services
b. The National Printing Office, or
c. Private printing firm

The OCA shall resort to the third option only if the first two printers can not accommodate the requirements of the
Court.

After the approval by the Court of these guidelines, the OCA shall disseminate the same through a circular.

(b) DENY for lack of merit the motion filed by Chief Public Attorney Persida V. Rueda-Acosta, praying for a
reconsideration of the resolution of January 31, 2006 which denied her request for the exemption of PAO lawyers from
the payment of the fees for notarial commission and for the exemption of their clients from the payment of filing fees;

(c) NOTE the letter dated September 5, 2005 of Mr. Prescillano Y. Aguinias, Jr.;

(d) CONFIRM the opinions of then Court Administrator Presbitero J. Velasco, Jr. and Deputy Court Administrator Jose P.
Perez that the Court does not render advisory opinions;

(e) INFORM Mr. Agunias, Jr. that neither does the Subcommittee on Revision of Rules Governing Notaries Public render
advisory opinions;

(f) AUTHORIZE the Clerks of Court of the Regional Trial Courts to notarize not only documents relating to the exercise of
their official functions but also private documents, subject to the following conditions: (i) all notarial fees charged in
accordance with Section 7(o) of Rule 141 of the Rules of Court, and, with respect to private documents, in accordance
with the notarial fee that the Supreme Court may prescribe in compliance with Section 1, Rule V of the 2004 Rules on
Notarial Practice, shall be for the account of the Judiciary and (ii) they certify in the notarized documents that there are
no notaries public within the territorial jurisdiction of the Regional Trial Court;

(g) DIRECT the Court Administrator to issue a circular for the purpose of implementing the above authority; and

(h) ADOPT a consolidated and uniform rate of fees for notarial services.” Corona, J., on leave. Azcuna, J., abroad on
official business.

Very truly yours,

(SGD.) MA. LUISA D. VILLARAMA
Clerk of Court