B.M. No.

850 August 22, 2000

MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE
INTEGRATED BAR OF THE PHILIPPINES

EN BANC

RESOLUTION

Considering the Rules on Mandatory Continuing Legal Education (MCLE) for members of the Integrated Bar of the
Philippines (IBP), recommended by the IBP, endorsed by the Philippine Judicial Academy, and reviewed and
passed upon by the Supreme Court Committee on Legal Education, the Court hereby resolves to adopt, as it hereby
adopts, the following rules for proper implementation:

RULE 1
PURPOSE

Section 1. Purpose of the MCLE

Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that
throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and
enhance the standards of the practice of law.

RULE 2
MANDATORY CONTINUING LEGAL EDUCATION

Section 1. Constitution of the MCLE Committee

Within two (2) months from the approval of these Rules by the Supreme Court En Banc, the MCLE Committee shall
be constituted in accordance with these Rules.

Section 2. Requirements of completion of MCLE

Members of the IBP not exempt under Rule 7 shall complete, every three (3) years, at least thirty-six (36) hours of
continuing legal education activities approved by the MCLE Committee. Of the 36 hours:

(a) At least six (6) hours shall be devoted to legal ethics.

(b) At least (4) hours shall be devoted to trial and pretrial skills.

(c) At least five (5) hours shall be devoted to alternative dispute resolution.

(d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and
jurisprudence.

(e) At least four (4) hours shall be devoted to legal writing and oral advocacy.

(f) At least two (2) hours shall be devoted to international law and international conventions.

(g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE
Committee.
 RULE 3
COMPLIANCE PERIOD

Section 1. Initial compliance period

The initial compliance period shall begin not later than three (3) months from the constitution of the MCLE
Committee. Except for the initial compliance period for members admitted or readmitted after the establishment of
the program, all compliance periods shall be for thirty-six (36) months and shall begin the day after the end of the
previous compliance period.

Section 2. Compliance Group 1.

Members in the National Capital Region (NCR) or Metro Manila shall be permanently assigned to Compliance
Group 1.

Section 3. Compliance Group 2.

Members in Luzon outside NCR shall be permanently assigned to Compliance Group 2.

Section 4. Compliance Group 3.

Members in Visayas and Mindanao shall be permanently assigned to Compliance Group 3.

Section 5. Compliance period for members admitted or readmitted after establishment of the program.

Members admitted or readmitted to the Bar after the establishment of the program shall be permanently assigned to
the appropriate Compliance Group based on their Chapter membership on the date of admission or readmission.

The initial compliance period after admission or readmission shall begin on the first day of the month of admission or
readmission and shall end on the same day as that of all other members in the same Compliance Group.

(a) Where four (4) months or less remain of the initial compliance period after admission or readmission, the
member is not required to comply with the program requirement for the initial compliance.

(b) Where more than four (4) months remain of the initial compliance period after admission or readmission,
the member shall be required to complete a number of hours of approved continuing legal education
activities equal to the number of months remaining in the compliance period in which the member is
admitted or readmitted. Such member shall be required to complete a number of hours of education in legal
ethics in proportion to the number of months remaining in the compliance period. Fractions of hours shall be
rounded up to the next whole number.

RULE 4
COMPUTATION OF CREDIT UNITS

Section 1. Guidelines

The following are the guidelines for computation of credit units (CU):

PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS

1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS,

WORKSHOPS, DIALOGUES, ROUND TABLE DISCUSSIONS BY APPROVED PROVIDERS UNDER
RULE 7 AND OTHER RELATED RULES

1.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF ATTENDANCE WITH NUMBER OF

HOURS
 1.2 LECTURER 5 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S CERTIFICATION

1.3 RESOURCE 3 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S SPEAKER

CERTIFICATION

1.4 ASSIGNED 2 CU PER HOUR CERTIFICATION FROM SPONSORING PENALIST/

ORGANIZATION REACTOR/COMMENTATOR

1.5 MODERATOR/ 2 CU PER HOUR CERTIFICATION FROM SPONSORING COORDINATOR/

ORGANIZATION FACILITATOR

2. AUTHORSHIP, EDITING AND REVIEW

2.1 RESEARCH/ 5-10 CREDIT UNITS DULY CERTIFIED/PUBLISHED INNOVATIVE TECHNICAL

REPORT/PAPER PROGRAM/CREATIVE PROJECT

2.2 BOOK 50-100 PP 101+ PUBLISHED BOOK SINGLE AUTHOR 12-16 CU 17-20 CU
2 AUTHORS 10-12 CU 13-16 CU
3 OR MORE 5-6 CU 7-11 CU

2.3 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED BOOK WITH PROOF AUTHORSHIP AS
EDITOR CATEGORY

2.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE SINGLE AUTHOR 6 CU 8 CU

2 AUTHORS 4 CU 6 CU
3 OR MORE 2 CU 4 CU

2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED NEWSLETTER/JOURNAL NEWSLETTER/LAW

JOURNAL EDITOR

3. PROFESSIONAL 6 CU PER CHAIR CERTIFICATION OF LAW DEAN CHAIR/BAR 1 CU PER LECTURE

OR BAR REVIEW DIRECTOR REVIEW/ HOUR LECTURE/LAW TEACHING

Section 2. Limitation on certain credit units

In numbers 2 and 3 of the guidelines in the preceding Section, the total maximum credit units shall not exceed
twenty (20) hours per three (3) years.

RULE 5
CATEGORIES OF CREDIT

Section 1. Classes of credits

The credits are either participatory or non-participatory.

Section 2. Claim for participatory credit

Participatory credit may be claimed for:

(a) Attending approved education activities like seminars, conferences, symposia, in-house education
programs, workshops, dialogues or round table discussions.

(b) Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker,
moderator, coordinator or facilitator in approved education activities.

(c) Teaching in a law school or lecturing in a bar review class.

Section 3. Claim for non-participatory credit

Non-participatory credit may be claimed per compliance period for:

(a) Preparing, as an author or co-author, written materials published or accepted for publication, e.g., in the
form of an article, chapter, book, or book review which contribute to the legal education of the author
member, which were not prepared in the ordinary course of the member's practice or employment.

(b) Editing a law book, law journal or legal newsletter.

RULE 6
COMPUTATION OF CREDIT HOURS

Section 1. Computation of credit hours

Credit hours are computed based on actual time spent in an activity (actual instruction or speaking time), in hours to
the nearest one-quarter hour.

RULE 7
EXEMPTIONS

Section 1. Parties exempted from the MCLE

The following members of the Bar are exempt from the MCLE requirement:

(a) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of
Executives Departments;

(b) Senators and Members of the House of Representatives;

(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the
judiciary, incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the
Philippine Judicial Academy program of continuing judicial education;

(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice;

(e) The Solicitor General and the Assistant Solicitor General;

(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;

(g) The Chairmen and Members of the Constitutional Commissions;

(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special Prosecutor
of the Office of the Ombudsman;

(i) Heads of government agencies exercising quasi-judicial functions;

(j) Incumbent deans, bar reviews and professors of law who have teaching experience for at least 10 years
accredited law schools;

(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lectures of
the Philippine Judicial Academy; and

(l) Governors and Mayors.

Section 2. Other parties exempted from the MCLE

The following Members of the Bar are likewise exempt:

(a) Those who are not in law practice, private or public.

(b) Those who have retired from law practice with the approval of the IBP Board of Governors.

Section 3. Good cause for exemption from or modification of requirement

A member may file a verified request setting forth good cause for exemption (such as physical disability, illness, post
graduate study abroad, proven expertise in law, etc.) from compliance with or modification of any of the
requirements, including an extension of time for compliance, in accordance with a procedure to be established by
the MCLE Committee.

Section 4. Change of status

The compliance period shall begin on the first day of the month in which a member ceases to be exempt under
Sections 1, 2, or 3 of this Rule and shall end on the same day as that of all other members in the same Compliance
Group.

Section 5. Proof of exemption

Applications for exemption from or modification of the MCLE requirement shall be under oath and supported by
documents.

RULE 8
STANDARDS FOR APPROVAL OF EDUCATION ACTIVITIES

Section 1. Approval of MCLE program

Subject to the rules as may be adopted by the MCLE Committee, continuing legal education program may be
granted approval in either of two (2) ways: (1) the provider of the activity is an approved provider and certifies that
the activity meets the criteria of Section 3 of this Rules; and (2) the provider is specially mandated by law to provide
continuing legal education.

Section 2. Standards for all education activities

All continuing legal education activities must meet the following standards:

(a) The activity shall have significant current intellectual or practical content.

(b) The activity shall constitute an organized program of learning related to legal subjects and the legal
profession, including cross profession activities (e.g., accounting-tax or medical-legal) that enhance legal
skills or the ability to practice law, as well as subjects in legal writing and oral advocacy.

(c) The activity shall be conducted by a provider with adequate professional experience.

(d) Where the activity is more than one (1) hour in length, substantive written materials must be distributed
to all participants. Such materials must be distributed at or before the time the activity is offered.

(e) In-house education activities must be scheduled at a time and location so as to be free from interruption
like telephone calls and other distractions.
 RULE 9
APPROVAL OF PROVIDERS

Section 1. Approval of providers

Approval of providers shall be done by the MCLE Committee.

Section 2. Requirements for approval of providers

Any persons or group may be approved as a provider for a term of two (2) years, which may be renewed, upon
written application. All providers of continuing legal education activities, including in-house providers, are eligible to
be approved providers. Application for approval shall:

(a) Be submitted on a form provided by the IBP;

(b) Contain all information requested on the form;

(c) Be accompanied by the approval fee;

Section 3. Requirements of all providers

All approved providers shall agree to the following:

(a) An official record verifying the attendance at the activity shall be maintained by the provider for at least
four (4) years after the completion date. The provider shall include the member on the official record of
attendance only if the member's signature was obtained at the time of attendance at the activity. The official
record of attendance shall contain the member's name and number in the Roll of Attorneys and shall identify
the time, date, location, subject matter, and length of the education activity. A copy of such record shall be
furnished the IBP.

(b) The provider shall certify that:

(1) This activity has been approved for MCLE by the IBP in the amount of ________ hours of which
hours will apply in (legal ethics, etc.), as appropriate to the content of the activity;

(2) The activity conforms to the standards for approved education activities prescribed by these
Rules and such regulations as may be prescribed by the IBP pertaining to MCLE.

(c) The provider shall issue a record or certificate to all participants identifying the time, date, location,
subject matter and length of the activity.

(d) The provider shall allow in-person observation of all approved continuing legal education activities by
members of the IBP Board of Governors, the MCLE Committee, or designees of the Committee and IBP
staff for purposes of monitoring compliance with these Rules.

(e) The provider shall indicate in promotional materials, the nature of the activity, the time devoted to each
devoted to each topic and identify of the instructors. The provider shall make available to each participant a
copy of IBP-approved Education Activity Evaluation Form.

(f) The provider shall maintain the completed Education Activity Evaluation Forms for a period of not less
than one (1) year after the activity, copy furnished the IBP.

(g) Any person or group who conducts an unauthorized activity under this program or issues a spurious
certificate in violation of these Rules shall be subject to appropriate sanctions.
Section 4. Renewal of provider approval

The approval of a provider may be renewed every two (2) years. It may be denied if the provider fails to comply with
any of the requirements of these Rules or fails to provide satisfactory education activities for the preceding period.

Section 5. Revocation of provider approval

The approval of any provider referred to in Rule 9 may be revoked by a majority vote of the IBP Board of Governors,
upon recommendation of the MCLE Committee, after notice and hearing and for good cause.

RULE 10
ACTIVITY AND PROVIDER APPROVAL FEE

Section 1. Payment of fees

Application for approval of an education activity or as a provider requires payment of an appropriate fee.

RULE 11
GENERAL COMPLIANCE PROCEDURES

Section 1. Compliance card

Each member shall secure from the MCLE Committee a Compliance Card before the end of his compliance period.
He shall complete the card by attesting under oath that he has complied with the education requirement or that he is
exempt, specifying the nature of the exemption. Such Compliance Card must be returned to the address indicated
therein not later than the day after the end of the member's compliance period.

Section 2. Member record keeping requirement

Each member shall maintain sufficient record of compliance or exemption, copy furnished the MCLE Committee.
The record required to be provided to the members by the provider pursuant to Section 3(c) of Rule 9 should be
sufficient record of attendance at a participatory activity. A record of non-participatory activity shall also be
maintained by the member, as referred to in Section 3 of Rule 5.

RULE 12
NON-COMPLIANCE PROCEDURES

Section 1. What constitutes non-compliance

The following shall constitute non-compliance

(a) Failure to complete the education requirement within the compliance period;

(b) Failure to provide attestation of compliance or exemption;

(c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the
prescribed period;

(d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60)
days from receipt of a non-compliance notice;

(e) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade
compliance with the MCLE requirements.
Section 2. Non-compliance notice and 60-day period to attain compliance

A member failing to comply will receive a Non-Compliance Notice stating the specific deficiency and will be given
sixty (60) days from the date of notification to explain the deficiency or otherwise show compliance with the
requirements. Such notice shall contain, among other things, the following language in capital letters:

YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE OR PROOF OF

COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM THE DATE OF
NOTICE), SHALL BE A CAUSE FOR LISTING AS A DELINQUENT MEMBER.

The Member may use this period to attain the adequate number of credit hours for compliance. Credit hours earned
during this period may only be counted toward compliance with the prior compliance period requirement unless
hours in excess of the requirement are earned, in which case, the excess hours may be counted toward meeting the
current compliance period requirement. lawphil.net

RULE 13
CONSEQUENCES OF NON-COMPLIANCE

Section 1. Non-compliance fee

A member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a non-
compliance fee.

Section 2. Listing as delinquent member

Any member who fails to satisfactorily comply with Section 2 of Rule 12 shall be listed as a delinquent member by
the IBP Board of Governors upon the recommendation of the MCLE Committee, in which case, Rule 139-A of the
Rules of Court shall apply.

RULE 14
REINSTATEMENT

Section 1. Process

The involuntary listing as a delinquent member shall be terminated when the member provides proof of compliance
with the MCLE requirement, including payment of non-compliance fee. A member may attain the necessary credit
hours to meet the requirement for the period of non-compliance during the period the member is on inactive status.
These credit hours may not be counted toward meeting the current compliance period requirement. Credit hours
attained during the period of non-compliance in excess of the number needed to satisfy the prior compliance period
requirement may be counted toward meeting the current compliance period requirement. lawphil.net

Section 2. Termination of delinquent listing administrative process

The termination of listing as a delinquent member is administrative in nature but it shall be made with notice and
hearing by the MCLE Committee.

RULE 15
MANDATORY CONTINUING LEGAL EDUCATION COMMITTEE

Section 1. Composition

The MCLE Committee shall be composed of five (5) members, namely: a retired Justice of the Supreme Court, as
Chair, and four (4) members, respectively, nominated by the IBP, the Philippine Judicial Academy, a law center
designated by the Supreme Court and associations of law schools and/or law professors.
The members of the Committee shall be of proven probity and integrity. They shall be appointed by the Supreme
Court for a term of three (3) years and shall receive such compensation as may be determined by the Court.

Section 2. Duty of the Committee

The MCLE Committee shall administer and adopt such implementing rules as may be necessary subject to the
approval by the Supreme Court. It shall, in consultation with the IBP Board of Governors, prescribe a schedule of
MCLE fees with the approval of the Supreme Court.

Section 3. Staff of the IBP

The IBP shall employ such staff as may be necessary to perform the record-keeping, auditing, reporting, approval
and other necessary functions.

Section 4. Submission of annual budget

The IBP shall submit to the Supreme Court an annual budget for a subsidy to establish, operate and maintain the
MCLE Program.

This resolution shall take effect in October 2000, following its publication in two (2) newspaper of general circulation
in the Philippines.

Adopted this 22nd day of August, 2000.

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 PHILIPPINES

REGIONAL TRIAL COURT OF ______________
This is to certify that (name of notary public) of (regular place of work or business) in (city or province) was on this (date) day of
(month) two thousand and (year) commissioned by the undersigned as a notary public, within and for the said jurisdiction, for
a term ending the thirty-first day of December (year)
________________________
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 PHILIPPINES

REGIONAL TRIAL COURT OF_____________
CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL

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) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.

(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document
presented for notarization if:

(1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses
to the instrument or document;
(2) both witnesses sign their own names in addition to the thumb or other mark;
(3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of signatory by mark) in
the presence of (names and addresses of witnesses) and undersigned notary public"; 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.