I.

NOTARIAL RULES
Republic of the Philippines
SUPREME COURT
Manila
A.M. No. 02-8-13-SC

February 19, 2008

RE: 2004 RULES ON NOTARIAL PRACTICE The Court Resolved, upon the recommendation of the Sub Committee on the Revision
of the Rules Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules
on Notarial Practice, to wit:
Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated
February 19, 2008.
"A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. The Court Resolved,
upon the recommendation of the Sub Committee on the Revision of the Rules
Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules on
Notarial Practice, to wit:
Rule II
DEFINITIONS
xxx
"Sec. 12. Component Evidence of Identity. The phrase "competent evidence of
identity" refers to the identification of an individual based on:
(a) at least one current identification document issued by an official
agency bearing the photograph and signature of the individual, such as
but not limited to, passport, drivers license, Professional Regulations
Commission ID, National Bureau of Investigation clearance, police
clearance, postal ID, voters ID, Barangay certification, Government
Service and Insurance System (GSIS) e-card, Social Security System (SSS)
card, Philhealth card, senior citizen card, Overseas Workers Welfare
Administration (OWWA) ID, OFW ID, seamans book, alien certificate of
registration/immigrant certificate of registration, government office ID,
certification from the National Council for the Welfare of Disable Persons
(NCWDP), Department of Social Welfare and Development (DSWD)
certification; or

(b) xxxx."
Quisumbing, J., on official leave. Ynares-Santiago, J., on leave.
(adv127a)

Very truly yours.

MA. LUISA D. VILLARAMA (sgd)
Clerk of Court
Republic of the Philippines
Supreme Court
Manila
EN BANC
A.M. No. 02-8-13-SC
2004 Rules on Notarial Practice
RESOLUTION
Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial
Practice of 2004 submitted by the Sub-Committee for the Study, Drafting and
Formulation of the Rules Governing the Appointment of Notaries Public and the
Performance and Exercise of Their Official Functions, of the Committees on Revision of
the Rules of Court and on Legal Education and Bar Matters, the Court Resolved to
APPROVE the proposed Rules on Notarial Practice of 2004, with modifications, thus:
2004 RULES ON NOTARIAL PRACTICE

RULE I
IMPLEMENTATION
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial Practice.
SEC. 2. Purposes. - These Rules shall be applied and construed to advance the
following purposes:

(a)
to
promote,
serve,
and
protect
public
interest;
(b) to simplify, clarify, and modernize the rules governing notaries public; and
(c) to foster ethical conduct among notaries public.
SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in
the singular include the plural, and words in the plural include the singular.

RULE II
DEFINITIONS
SECTION 1. Acknowledgment. - Acknowledgment refers to an act in which an
individual on a single occasion:
(a) appears in person before the notary public and presents an integrally complete
instrument
or
document;
(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 (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:
(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.
SEC. 3. Commission. - Commission refers to the grant of authority to perform notarial
acts and to the written evidence of the authority.
SEC. 4. Copy Certification. - Copy Certification refers to a notarial act in which a
notary public:
(a) is presented with an instrument or document that is neither a vital record, a public
record,
nor
publicly
recordable;
(b) copies or supervises the copying of the instrument or document;
(c)
compares
the
instrument
or
document
with
the
copy;
and
(d) determines that the copy is accurate and complete.

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.
SEC. 6. Jurat. - Jurat refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an instrument or
document;
(b) is personally known to the notary public or identified by the notary public through
competent
evidence
of
identity
as
defined
by
these
Rules;
(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.
SEC. 9. Notary Public and Notary. - Notary Public and Notary refer to any person
commissioned to perform official acts under these Rules.
SEC. 10. Principal. - Principal refers to a person appearing before the notary public
whose act is the subject of notarization.
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.
SEC. 12. Competent Evidence of Identity. - The phrase competent evidence of identity
refers to the identification of an individual based on:
(a) at least one current identification document issued by an official agency bearing the
photograph
and
signature
of
the
individual;
or
(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:
(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
(c) signs the instrument or document in the presence of the notary public.
SEC. 15. Court. - Court refers to the Supreme Court of the Philippines.
SEC. 16. Petitioner. - Petitioner refers to a person who applies for a notarial
commission.
SEC. 17. Office of the Court Administrator. - Office of the Court Administrator refers to
the Office of the Court Administrator of the Supreme Court.
SEC. 18. Executive Judge. - Executive Judge refers to the Executive Judge of the
Regional Trial Court of a city or province who issues a notarial commission.
SEC. 19. Vendor. - Vendor under these Rules refers to a seller of a notarial seal and
shall include a wholesaler or retailer.
SEC. 20. Manufacturer. - Manufacturer under these Rules refers to one who produces
a notarial seal and shall include an engraver and seal maker.

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.
To be eligible for commissioning as notary public, the petitioner:
(1)
must
be
a
citizen
of
the
Philippines;
(2)
must
be
over
twenty-one
(21)
years
of
age;
(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;
(4) must be a member of the Philippine Bar in good standing with clearances from the
Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the
Philippines;
and
(5) must not have been convicted in the first instance of any crime involving moral
turpitude.

SEC. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial
commission shall be in writing, verified, and shall include the following:
(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.
SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a
summary hearing on the petition and shall grant the same if:
(a)
the
petition
is
sufficient
in
form
and
substance;
(b) the petitioner proves the allegations contained in the petition; and
(c) the petitioner establishes to the satisfaction of the Executive Judge that he has read
and fully understood these Rules.
The Executive Judge shall forthwith issue a commission and a Certificate of
Authorization to Purchase a Notarial Seal in favor of the petitioner.
SEC. 5. Notice of Summary Hearing. (a) The notice of summary hearing shall be published in a newspaper of general
circulation in the city or province where the hearing shall be conducted and posted in a
conspicuous place in the offices of the Executive Judge and of the Clerk of Court. The
cost of the publication shall be borne by the petitioner. The notice may include more
than
one
petitioner.
(b) The notice shall be substantially in the following form:
NOTICE OF HEARING
Notice is hereby given that a summary hearing on the petition for notarial
commission of (name of petitioner) shall be held on (date) at (place) at
(time). Any person who has any cause or reason to object to the grant of the
petition may file a verified written opposition thereto, received by the
undersigned before the date of the summary hearing.

_____________________
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.
SEC. 7. Form of Notarial Commission. - The commissioning of a notary public shall be in
a formal order signed by the Executive Judge substantially in the following form:
REPUBLIC
OF
THE
REGIONAL TRIAL COURT OF ______________

PHILIPPINES

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)
________________________
Executive Judge
SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of
three (3) months from date of issue, unless extended by the Executive Judge.
A mark, image or impression of the seal that may be purchased by the notary public
pursuant to the Certificate shall be presented to the Executive Judge for approval prior
to use.
SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. - The
Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the
following
form:
REPUBLIC
OF
THE
REGIONAL TRIAL COURT OF_____________
CERTIFICATE
TO PURCHASE A NOTARIAL SEAL

OF

PHILIPPINES
AUTHORIZATION

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.

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.
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.
SEC. 13. Renewal of Commission. - A notary public may file a written application with
the Executive Judge for the renewal of his commission within forty-five (45) days before
the expiration thereof. A mark, image or impression of the seal of the notary public
shall be attached to the application.
Failure to file said application will result in the deletion of the name of the notary public
in the register of notaries public.
The notary public thus removed from the Register of Notaries Public may only be
reinstated therein after he is issued a new commission in accordance with these Rules.
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.

RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
SECTION 1. Powers. - (a) A notary public is empowered to perform the following
notarial acts:

(1)
(2)
oaths
(3)
(4)
signature
(5)
copy
(6) any other act authorized by these Rules.

and
certifications;

acknowledgments;
affirmations;
jurats;
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:
(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
(4) the notary public notarizes the signature by thumb or other mark through an
acknowledgment, jurat, or signature witnessing.
(c) A notary public is authorized to sign on behalf of a person who is physically unable
to sign or make a mark on an instrument or document if:
(1) the notary public is directed by the person unable to sign or make a mark to sign
on
his
behalf;
(2) the signature of the notary public is affixed in the presence of two disinterested
and
unaffected
witnesses
to
the
instrument
or
document;
(3)
both
witnesses
sign
their
own
names
;
(4) the notary public writes below his signature: Signature affixed by notary in
presence of (names and addresses of person and two [2] witnesses); and
(5) the notary public notarizes his signature by acknowledgment or jurat.
SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his
regular place of work or business; provided, however, that on certain exceptional
occasions or situations, a notarial act may be performed at the request of the parties in
the following sites located within his territorial jurisdiction:
(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.

SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act

if he:
(a) is a party to the instrument or document that is to be notarized;
(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.
SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act
described in these Rules for any person requesting such an act even if he tenders the
appropriate fee specified by these Rules if:
(a) the notary knows or has good reason to believe that the notarial act or transaction
is
unlawful
or
immoral;
(b) the signatory shows a demeanor which engenders in the mind of the notary public
reasonable doubt as to the former's knowledge of the consequences of the transaction
requiring
a
notarial
act;
and
(c) in the notary's judgment, the signatory is not acting of his or her own free will.
SEC. 5. False or Incomplete Certificate. - A notary public shall not:
(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.
SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:
(a)
a
blank
or
incomplete
instrument
or
document;
or
(b) an instrument or document without appropriate notarial certification.

RULE V
FEES OF NOTARY PUBLIC

SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act, a notary
public may charge the maximum fee as prescribed by the Supreme Court unless he
waives
the
fee
in
whole
or
in
part.
SEC. 2. Travel Fees and Expenses. - A notary public may charge travel fees and
expenses separate and apart from the notarial fees prescribed in the preceding section
when traveling to perform a notarial act if the notary public and the person requesting
the notarial act agree prior to the travel.
SEC. 3. Prohibited Fees. No fee or compensation of any kind, except those expressly
prescribed and allowed herein, shall be collected or received for any notarial service.
SEC. 4. Payment or Refund of Fees. - A notary public shall not require payment of any
fees specified herein prior to the performance of a notarial act unless otherwise agreed
upon.

Any travel fees and expenses paid to a notary public prior to the performance of a
notarial act are not subject to refund if the notary public had already traveled but failed
to complete in whole or in part the notarial act for reasons beyond his control and
without negligence on his part.
SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall
issue a receipt registered with the Bureau of Internal Revenue and keep a journal of
notarial fees. He shall enter in the journal all fees charged for services rendered.
A notary public shall post in a conspicuous place in his office a complete schedule of
chargeable notarial fees.

RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. - (a) A notary public shall keep, maintain, protect
and provide for lawful inspection as provided in these Rules, a chronological official
notarial register of notarial acts consisting of a permanently bound book with numbered
pages.
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.
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.
(b) A notary public shall keep only one active notarial register at any given time.
SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the notary shall
record in the notarial register at the time of notarization the following:
(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 person's
identity;
(8)
the
fee
charged
for
the
notarial
act;
(9) the address where the notarization was performed if not in the notary's regular

place
of
work
or
business;
and
(10) any other circumstance the notary public may deem of significance or relevance.
(b) A notary public shall record in the notarial register the reasons and circumstances
for not completing a notarial act.
(c) A notary public shall record in the notarial register the circumstances of any request
to inspect or copy an entry in the notarial register, including the requester's name,
address, signature, thumbmark or other recognized identifier, and evidence of identity.
The reasons for refusal to allow inspection or copying of a journal entry shall also be
recorded.
(d) When the instrument or document is a contract, the notary public shall keep an
original copy thereof as part of his records and enter in said records a brief description
of the substance thereof and shall give to each entry a consecutive number, beginning
with number one in each calendar year. He shall also retain a duplicate original copy for
the Clerk of Court.
(e) The notary public shall give to each instrument or document executed, sworn to, or
acknowledged before him a number corresponding to the one in his register, and shall
also state on the instrument or document the page/s of his register on which the same
is recorded. No blank line shall be left between entries.
(f) In case of a protest of any draft, bill of exchange or promissory note, the notary
public shall make a full and true record of all proceedings in relation thereto and shall
note therein whether the demand for the sum of money was made, by whom, when,
and where; whether he presented such draft, bill or note; whether notices were given,
to whom and in what manner; where the same was made, when and to whom and
where directed; and of every other fact touching the same.
(g) At the end of each week, the notary public shall certify in his notarial register the
number of instruments or documents executed, sworn to, acknowledged, or protested
before him; or if none, this certificate shall show this fact.
(h) A certified copy of each month's entries and a duplicate original copy of any
instrument acknowledged before the notary public shall, within the first ten (10) days of
the month following, be forwarded to the Clerk of Court and shall be under the
responsibility of such officer. If there is no entry to certify for the month, the notary
shall forward a statement to this effect in lieu of certified copies herein required.
SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial
register shall be signed or a thumb or other mark affixed by each:
(a)
principal;
(b) credible witness swearing or affirming to the identity of a principal; and

(c) witness to a signature by thumb or other mark, or to a signing by the notary public
on behalf of a person physically unable to sign.
SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's presence, any person
may inspect an entry in the notarial register, during regular business hours, provided;
(1) the person's identity is personally known to the notary public or proven through
competent
evidence
of
identity
as
defined
in
these
Rules;
(2) the person affixes a signature and thumb or other mark or other recognized
identifier,
in
the
notarial
register
in
a
separate,
dated
entry;
(3) the person specifies the month, year, type of instrument or document, and name of
the
principal
in
the
notarial
act
or
acts
sought;
and
(4) the person is shown only the entry or entries specified by him.
(b) The notarial register may be examined by a law enforcement officer in the course of
an official investigation or by virtue of a court order.
(c) If the notary public has a reasonable ground to believe that a person has a criminal
intent or wrongful motive in requesting information from the notarial register, the
notary shall deny access to any entry or entries therein.
SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case the notarial
register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible
as a record of notarial acts, the notary public shall, within ten (10) days after informing
the appropriate law enforcement agency in the case of theft or vandalism, notify the
Executive Judge by any means providing a proper receipt or acknowledgment, including
registered mail and also provide a copy or number of any pertinent police report.
(b) Upon revocation or expiration of a notarial commission, or death of the notary
public, the notarial register and notarial records shall immediately be delivered to the
office of the Executive Judge.
SEC. 6. Issuance of Certified True Copies. - The notary public shall supply a certified
true copy of the notarial record, or any part thereof, to any person applying for such
copy upon payment of the legal fees.

RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. In notarizing a paper instrument or document, a notary
public shall:
(a) sign by hand on the notarial certificate only the name indicated and as appearing on
the
notary's
commission;
(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.
(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.
(d) Within five (5) days after the official seal of a notary public is stolen, lost, damaged
or other otherwise rendered unserviceable in affixing a legible image, the notary public,
after informing the appropriate law enforcement agency, shall notify the Executive
Judge in writing, providing proper receipt or acknowledgment, including registered mail,
and in the event of a crime committed, provide a copy or entry number of the
appropriate police record. Upon receipt of such notice, if found in order by the
Executive Judge, the latter shall order the notary public to cause notice of such loss or
damage to be published, once a week for three (3) consecutive weeks, in a newspaper
of general circulation in the city or province where the notary public is commissioned.
Thereafter, the Executive Judge shall issue to the notary public a new Certificate of
Authorization to Purchase a Notarial Seal.
(e) Within five (5) days after the death or resignation of the notary public, or the
revocation or expiration of a notarial commission, the official seal shall be surrendered
to the Executive Judge and shall be destroyed or defaced in public during office hours.
In the event that the missing, lost or damaged seal is later found or surrendered, it
shall be delivered by the notary public to the Executive Judge to be disposed of in
accordance with this section. Failure to effect such surrender shall constitute contempt
of court. In the event of death of the notary public, the person in possession of the
official seal shall have the duty to surrender it to the Executive Judge.
SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent,
and photographically reproducible mark, image or impression of the official seal beside
his signature on the notarial certificate of a paper instrument or document.
SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals
may not sell said product without a written authorization from the Executive Judge.

(b) Upon written application and after payment of the application fee, the Executive
Judge may issue an authorization to sell to a vendor or manufacturer of notarial seals
after verification and investigation of the latter's qualifications. The Executive Judge
shall charge an authorization fee in the amount of PhP 4,000 for the vendor and PhP
8,000 for the manufacturer. If a manufacturer is also a vendor, he shall only pay the
manufacturer's authorization fee.
(c) The authorization shall be in effect for a period of four (4) years from the date of its
issuance and may be renewed by the Executive Judge for a similar period upon
payment of the authorization fee mentioned in the preceding paragraph.
(d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of
a certified copy of the commission and the Certificate of Authorization to Purchase a
Notarial Seal issued by the Executive Judge. A notary public obtaining a new seal as a
result of change of name shall present to the vendor or manufacturer a certified copy of
the Confirmation of the Change of Name issued by the Executive Judge.
(e) Only one seal may be sold by a vendor or manufacturer for each Certificate of
Authorization to Purchase a Notarial Seal.
(f) After the sale, the vendor or manufacturer shall affix a mark, image or impression of
the seal to the Certificate of Authorization to Purchase a Notarial Seal and submit the
completed Certificate to the Executive Judge. Copies of the Certificate of Authorization
to Purchase a Notarial Seal and the buyer's commission shall be kept in the files of the
vendor or manufacturer for four (4) years after the sale.
(g) A notary public obtaining a new seal as a result of change of name shall present to
the vendor a certified copy of the order confirming the change of name issued by the
Executive Judge.

RULE VIII
NOTARIAL CERTIFICATES
SECTION 1. Form of Notarial Certificate. - The notarial form used for any notarial
instrument or document shall conform to all the requisites prescribed herein, the Rules
of Court and all other provisions of issuances by the Supreme Court and in applicable
laws.
SEC. 2. Contents of the Concluding Part of the Notarial Certificate. The notarial
certificate shall include the following:
(a) the name of the notary public as exactly indicated in the commission;
(b)
the
serial
number
of
the
commission
of
the
notary
public;
(c) the words "Notary Public" and the province or city where the notary public is
commissioned, the expiration date of the commission, the office address of the notary

public;
and
(d) the roll of attorney's number, the professional tax receipt number and the place and
date of issuance thereof, and the IBP membership number.

RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC
SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authority
evidencing the authenticity of the official seal and signature of a notary public shall be
issued by the Executive Judge upon request in substantially the following form:
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.
IN WITNESS WHEREOF, I have affixed below my signature and seal of this
office
this
(date)
day
of
(month)
(year).
_________________
(official
signature)
(seal of Executive Judge)

RULE X
CHANGES OF STATUS OF NOTARY PUBLIC
SECTION 1. Change of Name and Address. Within ten (10) days after the change of name of the notary public by court order or by
marriage, or after ceasing to maintain the regular place of work or business, the notary
public shall submit a signed and dated notice of such fact to the Executive Judge.
The notary public shall not notarize until:
(a) he receives from the Executive Judge a confirmation of the new name of the notary
public and/or change of regular place of work or business; and
(b) a new seal bearing the new name has been obtained.
The foregoing notwithstanding, until the aforementioned steps have been completed,
the notary public may continue to use the former name or regular place of work or
business in performing notarial acts for three (3) months from the date of the change,
which may be extended once for valid and just cause by the Executive Judge for
another period not exceeding three (3) months.

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

submitting a written, dated and signed formal notice to the Executive Judge together
with his notarial seal, notarial register and records. Effective from the date indicated in
the notice, he shall immediately cease to perform notarial acts. In the event of his
incapacity to personally appear, the submission of the notice may be performed by his
duly authorized representative.
SEC. 3. Publication of Resignation. - The Executive Judge shall immediately order the
Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and
of the Clerk of Court the names of notaries public who have resigned their notarial
commissions and the effective dates of their resignation.

RULE XI
REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS
SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall
revoke a notarial commission for any ground on which an application for a commission
may be denied.
(b) In addition, the Executive Judge may revoke the commission of, or impose
appropriate administrative sanctions upon, any notary public who:
(1)
fails
to
keep
a
notarial
register;
(2) fails to make the proper entry or entries in his notarial register concerning his
notarial
acts;
(3) fails to send the copy of the entries to the Executive Judge within the first ten (10)
days
of
the
month
following;
(4) fails to affix to acknowledgments the date of expiration of his commission;
(5) fails to submit his notarial register, when filled, to the Executive Judge;
(6) fails to make his report, within a reasonable time, to the Executive Judge
concerning the performance of his duties, as may be required by the judge;
(7) fails to require the presence of a principal at the time of the notarial act;
(8) fails to identify a principal on the basis of personal knowledge or competent
evidence;
(9) executes a false or incomplete certificate under Section 5, Rule IV;
(10) knowingly performs or fails to perform any other act prohibited or mandated by
these
Rules;
and
(11) commits any other dereliction or act which in the judgment of the Executive Judge
constitutes good cause for revocation of commission or imposition of administrative
sanction.
(c) Upon verified complaint by an interested, affected or aggrieved person, the notary
public shall be required to file a verified answer to the complaint. If the answer of the
notary public is not satisfactory, the Executive Judge shall conduct a summary hearing.
If the allegations of the complaint are not proven, the complaint shall be dismissed. If

the charges are duly established, the Executive Judge shall impose the appropriate
administrative sanctions. In either case, the aggrieved party may appeal the decision to
the Supreme Court for review. Pending the 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.

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.
Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, SandovalGutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and
Tinga, JJ.
G.R. No. 177898

August 13, 2008

SIGMA HOMEBUILDING CORPORATION, petitioner,

vs.
INTER-ALIA MANAGEMENT CORPORATION, DEVELOPMENT BANK OF RIZAL,
INTERCON FUND RESOURCES CORPORATION, HASTING REALTY and
DEVELOPMENT CORPORATION and REGISTER OF DEEDS for the PROVINCE of
CAVITE, respondents.
RESOLUTION
CORONA, J.:
Petitioner Sigma Homebuilding Corporation filed a complaint for annulment of sale,
cancellation of titles, reconveyance and damages1 against respondents, namely, Inter
Alia Management Corporation (Inter-Alia), Intercon Fund Resources Corporation
(Intercon), Hasting Realty and Development Corporation (Hasting),2 Development Bank
of Rizal (DBR)3 and the Register of Deeds of the Province of Cavite, in the Regional
Trial Court (RTC) of Trece Martires City, Cavite, Branch 23.
Petitioner alleged that its real properties4 in Tanza, Cavite were sold by its assistant
vice-president, Augusto S. Parcero, to Inter-Alia without its knowledge and consent and
without the requisite board resolution authorizing the same. Inter-Alia, in turn, sold them
to DBR. DBR then sold the same to Intercon which conveyed them to Hasting.
Summonses were served on all respondents, except Inter-Alia as it no longer held office
at its given address.
For its part, Hasting filed a motion to dismiss on the ground that the complaint stated no
cause of action, among others. It stated that the annotations in petitioners cancelled
TCTs (which were attached to the complaint) clearly showed that Parcero was
authorized to sell the lots to Inter-Alia. Also attached to the complaint were the duly
notarized deed of absolute sale (signed and executed by Parcero, in representation of
petitioner) and the acknowledged receipt of the total consideration in the amount
of P1,522,920.00. Hasting went on to allege that, based on the complaint, petitioner
might not even be a real party in interest to the subsequent successive transfers of the

properties to the different respondents. Thus, it had no cause of action for annulment of
sale.
In its comment/opposition to Hastings motion to dismiss, petitioner merely insisted that
it had a cause of action but did not controvert Hastings material assertions.
Respondent Intercon filed an answer.5 The other respondents, however, were not able
to file their respective responsive pleadings.
Subsequently, in an order dated July 3, 2002, the RTC dismissed the complaint for
failure to state a cause of action. It also ruled that the action for reconveyance was not
proper since the properties had already passed on to the hands of innocent purchasers
in good faith and for value. Petitioner moved for reconsideration. It was denied. 6
Petitioner appealed to the CA.7 The appellate court affirmed the decision of the court a
quo.8 The CA also denied petitioners motion for reconsideration.9
Petitioners petition for review on certiorari in this Court10 was denied for failure to show
that the appellate court had committed any reversible error in the assailed
judgment.11 Its motion for reconsideration was likewise denied.12
Thereafter, petitioner filed in the CA a petition for annulment of the order dated July 3,
2002 of the RTC on the ground of lack of jurisdiction under Rule 47 of the Rules of
Court.13 It argued that the trial court overstepped its boundaries when it dismissed the
complaint not only against Hasting but also against the other respondents despite the
fact that it was only Hasting that moved for its dismissal.
The CA denied the petition outright.14 It held that for an action for annulment of
judgment based on lack of jurisdiction to prosper, it was not sufficient that respondent
court committed grave abuse of discretion amounting to lack of jurisdiction; petitioner
must show that said court absolutely lacked jurisdiction or that it should not have taken
cognizance of the case because the law did not vest it with jurisdiction over the subject
matter.
More importantly, the appellate court found that petitioner had already availed of the
remedy of ordinary appeal before the CA and this Court. Having been unsuccessful in
its appeal before the CA under Rule 41 and the Supreme Court under Rule 45,
petitioner could no longer avail of the petition for annulment of judgment, especially
since the issue relied upon in the petition could have been properly raised in its appeal
in the CA (as, in fact, it was so raised by petitioner and passed upon by the appellate
court in said appeal). The CA denied petitioners motion for reconsideration. 15
Undeterred, petitioner filed a petition for review on certiorari in this Court. It was,
however, denied on August 8, 2007 for late filing.16 On November 26, 2007, its motion
for reconsideration was denied with finality. Thus, the August 8, 2007 resolution became

final and executory on January 18, 2008. Entry of judgment was made on April 25,
2008.
But petitioner stubbornly refuses to give up. In a letter-appeal dated June 30, 2008,17 it
implored this Court to take another hard look at the merits of its case. Petitioner
reiterated that it was effectively deprived of its right to due process when the RTC
dismissed the complaint against the other respondents. It also pleaded for a liberal
interpretation of the rules of procedure.
The letter-appeal is without merit.
The letter-appeal is actually in the nature of a second motion for reconsideration which
is a prohibited pleading under the Rules of Court.18 Worse, it was filed despite the fact
that an entry of judgment had already been made. It was obviously a ruse meant to
evade the effects of the final and executory resolutions of this Court.
Moreover, even if we were to grant petitioners letter-appeal based on its alleged
substantial compliance with the pertinent rules of procedure, the substantive aspect of
its arguments left much to be desired.
Petitioner cannot successfully argue that the dismissal of the complaint motu
proprio against the other respondents effectively deprived it of its right to due process. It
must be pointed out that petitioners complaint went to great lengths to trace who the
first buyer of its properties was (Inter-Alia) down to the current owner thereof, which is
Hasting. As title to the contested properties is now vested in Hasting, there was really
no need for petitioner to implead all the other respondents for the successful
prosecution of its action for annulment of sale against Hasting. A perusal of the
complaint reveals that all the other respondents were not even real parties in
interest19 in this case, to begin with. The only real parties in interest in this particular
controversy were petitioner and Hasting for they were the only ones who stood to be
benefitted or injured, as the case may be, by the judgment in the suit.
Furthermore, the CA was correct in holding that, as petitioner had already availed of the
remedy of appeal, it could no longer avail of a petition for annulment of judgment. A
petition for annulment of judgment is an extraordinary remedy and is not to be granted
indiscriminately by the Court. It is allowed only in exceptional cases and cannot be used
by a losing party to make a mockery of a duly promulgated decision long final and
executory.20 The remedy may not be invoked where the party has availed himself of the
remedy of new trial, appeal, petition for relief or other appropriate remedy and lost, or
where he has failed to avail himself of those remedies through his own fault or
negligence.21
Litigation must end sometime. It is essential to an effective and efficient administration
of justice that, once a judgment becomes final, the winning party should not be deprived
of the fruits of the verdict. Courts must therefore guard against any scheme calculated

to bring about that undesirable result.22Thus, we deem it fit to finally put an end to the
present controversy.
WHEREFORE, the letter-appeal is hereby DENIED for lack of merit.
Treble costs against petitioner.
No further pleadings shall be entertained in this case.
SO ORDERED.

II. JUDICIAL AFFIDAVIT RULE

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 twothirds 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.
Manila, September 4, 2012.

Introduction to and Discussion on the

Judicial Affidavit Rule
On 4 September 2012, the Supreme Court issued A.M. No. 12-8-8-SC [full text], approving
theJUDICIAL AFFIDAVIT RULE. The Rule, which is intended to expedite court proceedings, is new
and far from complete, necessitating an extensive discussion to thresh out various issues.
Lawyers could keep their observations to themselves and hope that the other party commits a
mistake, most likely gaining an edge by reason of technicality. Still, considering that the
unstated purpose of the Rule is to ferret out the truth in coming out with a decision based on
the merits, and not on mere technicality, it would be helpful to start an open discussion to pick
the brains of the legal-minded crowd.
I prepared a summary and an initial discussion of the Judicial Affidavit Rule, posted here. Each
topic is contained in a separate post for better presentation/organization. Lumping all topics in
a single post would lead to confusion because it would take more effort to correlate a comment
to the particular portion of the whole discussion. A single-topic post would mean that all
comments pertain only to that specific topic. You are most welcome to disagree with fellow
participants in the discussion, but express the disagreement with the requisite degree of
respect that befits a fellow member of the profession.
The Judicial Affidavit Rule requires that direct examination of a witness, which is the
examination-in-chief of a witness by the party presenting him on the facts relevant to the

issue, shall be in the form of judicial affidavits, subject to the usual mode of crossexamination.

When is the Rule effective?

The Rule took effect on 1 January 2013. However, in criminal cases without private prosecutors,
the Supreme Court allowed public prosecutors in first- and second-level courts until the end of
2013 to utilize the affidavits of the complainant and his witnesses prepared and submitted in
connection with the investigation and filing of the Information in court. Public prosecutors are
required to fully comply with the Rule by 1 January 2014.
During the one-year period when the concession is in effect, the attending public prosecutor,
upon presenting the witness, shall require the witness to affirm what the sworn statement
contains and may only ask the witness additional direct examination questions that have not
been amply covered by the sworn statement.
The concession does not apply in criminal cases where the private complainant is represented
by a duly empowered private prosecutor, who has the obligation to comply with the Rule.

The reasons for the issuance of the Rule

Case congestion and delays plague most courts in cities, given the huge volume of cases filed
each year and the slow and cumbersome adversarial system that the judiciary has in place.
About 40% of criminal cases are dismissed annually owing to the fact that complainants simply
give up coming to court after repeated postponements. Few foreign businessmen make longterm investments in the Philippines because its courts are unable to provide ample and speedy
protection to their investments, keeping its people poor.
In order to reduce the time needed for completing the testimonies of witnesses in cases under
litigation, on 21 February 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. 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. The adoption of the Rule hopes to replicate nationwide the success of the
Quezon City experience in the use of judicial affidavits.
These reasons for the issuance of the Judicial Affidavit Rule are contained in the whereas
clauses of A.M. No. 12-8-8-SC.

What is the scope of application of this rule?

The applicability of this rule may refer to: (a) the courts where the rule will apply; (b) the kinds
of cases or proceedings where the rule will apply; (c) the stage of the proceeding.

Type of cases
This Rule shall apply to all actions, proceedings, and incidents requiring the reception of
evidence. However, the Rule shall not apply to small claims cases under A.M. 08-8-7-SC.
The Rule may apply to criminal cases in three situations, as follows: (1) The maximum of the
imposable penalty does not exceed six years; (2) regardless of the penalty involved, with
respect to the civil aspect of the actions, or where the accused agrees to the use of the Rule.

Courts where the Rule are applicable

1. The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts,
the Municipal Circuit Trial Courts.
2. Sharia Circuit Courts, Sharia District Courts and the Sharia Appellate Courts.
3. Regional Trial Courts.
4. Sandiganbayan.
5. Court of Tax Appeals.
6. Court of Appeals.
7. Investigating officers and bodies authorized by the Supreme Court to receive evidence,
including the Integrated Bar of the Philippine (IBP).
8. 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.
The parties shall serve on the adverse party and file with the court not later than five days
before pre-trial or preliminary conference or the scheduled hearing with respect to motions and
incidents.

This Rule amends the existing minimum period, which is three days, for the service and filing of
the pre-trial brief. Under the new Rule, considering that the judicial affidavit must be attached
to the pre-trial brief, the latter must be served and filed within five days.

Service and filing of the judicial affidavit in criminal cases

This is the only portion of the Rule that provides a separate provision for criminal cases, veering
from the simultaneous filing of judicial affidavits by the parties. The general rule is reiterated,
but this time applicable only to the prosecution, to submit the judicial affidavits of its witnesses
not later than five days before the pre-trial, serving copies of 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.
If the accused, on the other hand, 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.
It is interesting to note that only the paragraph applicable to the prosecution contains the
provision that: No further judicial affidavit, documentary, or object evidence shall be admitted
at the trial. Does this mean that the accused is covered by the general rule, which allows the
late filing of the affidavit?

How is the service/filing done?

The Rule specifies only two manners of service or filing of the affidavit: by personal service or
by licensed courier service. It is interesting that there is no express mention of registered mail
and it is logical that the term courier service does not refer to, and does not include,
registered mail. The purpose of the Rule is to expedite cases and there can be no reliance on
the presumptive receipt by reason of registered mail.
There is no overriding reason why registered mail should be removed as a manner of
service/filing. A party could send the judicial affidavit way in advance by registered mail. It is
the partys lookout if the other party or court indeed received the judicial affidavit within the
prescribed period.

Another minor issue is when is a courier service considered licensed? The rule is not clear
whether a separate license or accreditation for courier service providers on top of the SEC
registration. It appears that other than the usual government registration, there is no need for
separate Supreme Court accreditation.
These issues can be dispensed with by deleting the portion providing for personal service or by
courier. This is surplusage. The intent of the Rule is to ENSURE receipt of the judicial affidavit by
the court and other party at least five days before the pre-trial or hearing, and the Rule can
simply so provide, just like in pre-trial rules.

Can you submit amended or supplemental affidavits?

There may be instances when it is necessary to execute a supplemental or amended affidavit,
like in the case of newly-discovered evidence. Is this allowed and, if so, how should it be done?
The judicial affidavit shall contain the following:
1. The name, age, residence or business address, and occupation of the witness;
2. 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;
3. 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;
4. Questions asked of the witness and his corresponding answers, consecutively numbered,
that:
(i) Show the circumstances under which the witness acquired the facts upon which he testifies;
(ii) Elicit from him those facts which are relevant to the issues that the case presents; and
(iii) Identify the attached documentary and object evidence and establish their authenticity in
accordance with the Rules of Court;
5. The signature of the witness over his printed name;
6. 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.

7. Attestation of the lawyer.

What is a jurat?
A jurat, which is different from an acknowledgment as defined under the Rules on Notarial
Practice, refers to an act in which an individual on a single occasion: (a) appears in person
before the notary public and presents an instrument or document; (b) is personally known to
the notary public or identified by the notary public through competent evidence of identity as
defined by these Rules; (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.
(Rule 2, Sec. 6 of the 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC)
It is important to note the strict requirement that, in the execution of the jurat, the requisite
competent evidence of identity must include at least one current identification document issued
by an official agency bearing the photograph and signature of the individual.
For purposes of comparison, 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
identified by the notary public through competent evidence of identity as defined by the
notarial 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 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.

What is the sworn attestation of the lawyer?

One of the problems with the Rule is the fact that judges only have limited opportunity to
observe the demeanor of the witnesses.
Moreover, even if lawyers briefed the witness, the oral answer given by the witness during
direct examination is almost wholly dependent on the witness. This is no longer true under this
Rule because the lawyer prepares the judicial affidavit which takes the place of the direct
testimony.

Thus, it is now required that 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 latters answers.
To put teeth to this prohibition, the Rule provides that a false attestation shall subject the
lawyer mentioned to disciplinary action, including disbarment. There is no requirement that the
lawyer who prepared the judicial affidavit must be the one to present the witness in court.

What language should be used in the 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.
Under the Rules of Court, as regards the testimony of a witness, the offer must be made at the
time the witness is called to testify (Rule 132, Sec. 34). The Rule, on the other hand, provides
that 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. This provision, in
relation to the enumerated required contents of an affidavit, means that the purpose is NOT
required to be indicated in the judicial affidavit. Some judges nevertheless require that the
purpose be stated in the judicial affidavit, a practice unilaterally resorted by some lawyers for
convenience.

How does the opposing party make objections?

Objection to a witness may take the form of: (a) a disqualification from testifying; or (b) to a
specific question raised. Under the Rules of Court, objection to a question propounded in the
course of the oral examination of a witness shall be made as soon as the grounds therefor shall
become reasonably apparent (Rule 132, Sec. 36). 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.

How should the party presenting the witness identify and mark documentary
evidence?
The parties documentary 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.

How can the party or witness keep the original of the documentary or object
evidence?
Litigants and witnesses, for good reasons, often prefer to keep the original of the document
that is to be presented in and submitted to the court. The Rule provides for the following
procedure:
1. Attach the document or evidence to the judicial affidavit of the witness/es. This must be
done obviously before the pre-trial conference or the hearing. This is done by attaching the
photocopy of the document, or the reproduction or photograph of the object evidence. The
Rule provides that 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.
2. Bring the original during the pre-trial or preliminary conference. This is required under pretrial rules, so the document may be preliminarily marked as evidence and compared with the
original, if needed. The Rule provides that 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. As
provided under pre-trial rules and reiterated in the Rule, evidence not pre-marked shall not be
admissible as evidence. The Rule indicates that the pre-marking is done by the parties
themselves, not the clerk of court as provided in the existing pre-trial rules. If so, the
requirement of preliminary conference under Circular No. A.M. No. 03-1-09-SC (Guidelines to
be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and use of
Deposition-Discovery Measures), which is conducted before the pretrial conference for the

purpose of pre-marking documents before the clerk of court, should be dispensed with and
revised/deleted from the rules of procedure to avoid surplusage.
Nevertheless, there may be an instance when a party would subsequently want to retain an
original previously attached to the judicial affidavit. The Rule does not provide for the
procedure in such case. It is recommended that if the party attached the original to the judicial
affidavit and would want to retain possession of that original document, the party must, during
the presentation of the witness, request that the copy be compared to the original, request for a
stipulation that the copy is a faithful reproduction of the original, and request that the marking
be transferred to the copy.
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.
There is no need for a judicial affidavit if the witness is called to testify through a subpoena. If
the government employee or official, or the requested 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 shall be understood to be ex parte.
On the other hand, this provision expressly applies to requested witnesses who are neither the
witness of the adverse party nor a hostile witness. Whats the reason for the exclusion? What
rule should apply?
The formal offer of documentary or object evidence shall be made upon the termination of the
testimony of a partys last witness. This obviously means that this is done when a party rests its
case, and not every time the testimony of each witness is terminated.
The formal offer is made orally in open court, which shows an obvious intent to do away with
the option of filing a written formal offer of evidence allowed under existing rules. 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.

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.
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 offer of evidence, the objections, and the rulings, dispensing with the description of each
exhibit.
There are different consequences in case of: (1) failure to file the judicial affidavit; (1) failure to
comply with the prescribed requirements; or (3) absence during the scheduled trial date.

1. Failure to file judicial affidavit

A party who fails to submit the required judicial affidavits and exhibits on time shall be deemed
to have waived their submission. The Rule allows for an exception, provided the following
requirements are present:
a. It must be with leave of court. The court has the discretion whether to allow it.
b. The delay must be for a valid reason. The Rule does not indicate at what point the late
submission is allowed. The above-quoted provision, which applies to criminal cases, trial starts
with the presentation of the first witness (see Rule 30 of the Rules of Court), which gives the
impression that no additional affidavits or evidence may be allowed upon presentation of the
first witness. If this so, will this also apply to non-criminal cases?
c. It would not unduly prejudice the opposing party. This is quite surprising considering that
any additional evidence naturally favors the presenting party and, therefore, prejudices the
other party.
d. The defaulting party pays a fine of not less than P1,000.00 nor more than P5,000.00, at the
discretion of the court.
e. It is availed only once.
This is the general provision and it is not clear whether the exception also applies to criminal
cases. The specific rule for criminal cases provide that: No further judicial affidavit,
documentary, or object evidence shall be admitted at the trial. This gives the impression that
the exception applies only in criminal cases.

2. Failure to comply with required contents

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 Pl,000.00 nor more than
P5,000.00, at the discretion of the court.

3. Absence during the scheduled trial date

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 clients right to confront by cross-examination the
witnesses there present.

III. EFFICIENT USE OF PAPER RULE

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.
Sec. 2. Applicability. This rule shall apply to all courts and quasi-judicial bodies under the
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 court-bound
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 court- bound
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 copies
with their annexes;
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.
Sec. 6. Annexes Served on Adverse Party. A party required by the rules to serve a copy of his
court-bound on the adverse party need not enclose copies of those annexes that based 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.
Manila, November 13, 2012.