I. NOTARIAL LAW

A. SOURCES

- Act No. 2103,An Act Providing for the Acknowledgment and Authentication of Instruments and Documents Without the Philippine Islands

AN ACT PROVIDING FOR THE ACKNOWLEDGMENT AND AUTHENTICATION OF INSTRUMENTS AND

DOCUMENTS WITHOUT THE PHILIPPINE ISLANDS.By authority of the United States, be it enacted by the

Philippine Legislature, that:

Section 1. An instrument or document acknowledged and authenticated in any State, Territory, the District of Columbia, or dependency of the United States, shall be considered authentic if the acknowledgment and authentication are made in accordance with the following requirements:

(a) The acknowledgment shall be made before a notary public or an officer duly authorized by law of the country to take acknowledgments of instruments or documents in the place where the act is done. The notary public or the officer taking the acknowledgment shall certify that the person acknowledging the instrument or document is known to him and that he is the same person who executed it, and acknowledged that the same is his free act and deed. The certificate shall be made under his official seal, if he is by law required to keep a seal, and if not, his certificate shall so state.

(b) The certificate of the notary public or the officer taking the acknowledgment shall be authenticated by the country clerk or his deputy, or by a clerk or deputy clerk of any court

of record of the county, municipality or judicial district wherein the acknowledgment is taken, or by the secretary of state, executive secretary, or other similar functionary of the state, territory, the District of Columbia, or dependency of the United States, as the case may be. The officer making the authentication shall certify under the seal of his office or court that the person who took the acknowledgment was at the time duly authorized to act as notary public or that he was duly exercising the functions of the office by virtue of which he assumed to act, and that as such he had authority under the law to take acknowledgment of instruments or documents in the place where the acknowledgment was taken, and that his signature and seal, if any, are genuine.

Section 2. An instrument or document acknowledged and authenticated in a foreign country shall be considered authentic if the acknowledgment and authentication are made in accordance with the following requirements:

(a) The acknowledgment shall be made before (1) an ambassador, minister, secretary of legation, chargé d’affaires, consul, vice-consul, or consular agent of the United States,1 acting within the country or place to which he is accredited, or (2) a notary public or officer duly authorized by law of the country to take acknowledgments of instruments or documents in the place where the act is done.

(b) The person taking the acknowledgment shall certify that the person acknowledging the instrument or document is known to him, and that he is the same person who executed it, and acknowledged that the same is his free act and deed. The certificate shall be under his official seal, if he is by law required to keep a seal, and if not, his certificate shall so state. In case the acknowledgment is made before a notary public or an officer mentioned in subdivision (2) of the

preceding paragraph, the certificate of the notary public or the officer taking the acknowledgment shall be authenticated by an ambassador, minister, secretary of legation, chargé d’affaires, consul, vice-consul, or consular agent of the United States,2 acting within the country or place to which he is accredited. The officer making the authentication shall certify under his official seal that the person who took the acknowledgment was at the time duly authorized to act as notary public or that he was duly exercising the functions of the office by virtue of which he assumed to act, and that as such he had authority under the law to take acknowledgment of instruments or documents in the place where the acknowledgment was taken, and that his signature and seal, if any, are genuine.

Section 3. Instruments or documents acknowledged and authenticated in substantial conformity with the provisions of this Act before the same takes effect shall be considered authentic.

Section 4. This Act shall not be construed to repeal in any way any of the provisions contained in Chapter X, Part I, of Act Numbered One hundred and ninety,3 entitled "An Act providing a code or procedure in civil actions and special proceedings in the Philippine Islands."Enacted, January 26, 1912.

Act No. 2711,An Act Amending the Administrative Code, Sections 231 to 252

CHAPTER 11Notaries Public

PRELIMINARY ARTICLETitle of Chapter

SECTION 231. Title of the chapter – Title of the chapter shall be known as the Notarial Law.

ARTICLE IAppointment and Qualification of Notaries Public

SECTION 232. Appointment of notaries public. – Judges of Court of First Instance in the respective provinces may appoint as many notaries public as the public good requires, and there shall be at least one for every municipality in each province. Notaries public in the City of Manila shall be appointed by the Supreme Court or, during vacation, by the Supreme Court judge assigned to vacation duty.

SECTION 233. Qualifications for appointment. – To be eligible for appointment as notary public, a person must be a citizen of the (Philippine Islands) Philippines or of the United States and over twenty-one years of age. He must, furthermore, be person who has been admitted to the practice of law or who has completed and passed in the studies of law in a reputable university or school of law, or has passed the examination for the office of justice of the peace or clerk or deputy clerk of court, or be a person who has at some time held the office of clerk or deputy clerk of court for a period of not less than two years, or a person who had qualified for the office of notary public under the Spanish sovereignty.

In the chartered cities and in the capitals of the provinces, where there are two or more lawyers appointed a notaries

public, no person other than a lawyer or a person who had qualified to hold the office of notary public under the Spanish sovereignty shall hold said office.

In municipalities or (townships) municipal, districts wherein no person reside having the qualifications hereinbefore specified or having them; refused hold such office, judges of first instance may appoint other persons temporarily to exercise the office of notary public who have the requisite qualifications of fitness and morality.

SECTION 234. Disqualification incident to conviction of crime. – No person shall be appointed notary public who has been convicted of any crime implying moral turpitude.

SECTION 235. Restriction on right of certain officials to act as notaries public. – Justices of the peace and clerks of court shall not act as notaries public except in the character of notaries public ex officio.

SECTION 236. When oath of office to be preserved. – The oath of office of a notary public in a province shall be filed and preserved, together with the commission, in the office of the clerk of the Court of First Instance of the province. The oath of office of a notary public in the City of Manila shall be filed and preserved, with the commission, in the office of the clerk of the Supreme Court.

SECTION 237. Form of commission for notary public. – The appointment of a notary public shall be in writing, signed by the judge, and substantially in the following form:

GOVERNMENT OF THE PHILIPPINES)PROVINCE OF ____________________)

This is to certify that ______________________, of the municipality of ____________________________ in said province, was, on the ________ day of _____________________, anno Domini nineteen hundred and _____________ appointed by me a notary, public, within and for the said province, for the term ending on the first day of January, anno Domini nineteen hundred and _________________________

Judge of the Court of FirstInstance of said Province

SECTION 238. Certificate of appointment to be forwarded to Bureau of Justice. – Clerks of Courts of First Instance shall make and forward to the Bureau of Justice immediately after commission and oath of office of any notary public are recorded in said clerk’s office a certificate of such appointment and the term office of the appointee. A record shall be kept of all such certificates in the Bureau of Justice.

SECTION 239. Term of office. – The term of office of a notary public shall end at the expiration of the two-year period beginning upon the first day of January of the year in which the appointment is made.

ARTICLE IIJurisdiction and Powers

SECTION 240. Territorial jurisdiction. – The jurisdiction of a notary public in a province shall be co-extensive with the province. The jurisdiction of a notary public in the City of Manila shall be co-extensive with said city. No notary shall possess authority to do any notarial act beyond the limits of his jurisdiction.

SECTION 241. Powers of notary public. – Every notary public shall have power to administer all oaths and affirmations provided for by law, in all matters incident to

his notarial office, and in the execution of affidavits, depositions, and other documents requiring an oath, and to receive the proof or acknowledgment of all writings relating to commerce or navigation, such as bills of sale, bottomries, mortgages, and hypothecations of ships, vessels, or boats, charter parties of affreightments, letters of attorney, deeds, mortgages, transfers and assignments of land or buildings, or an interest therein, and such other writings as are commonly proved or acknowledged before notaries; to act as a magistrate, in the writing of affidavits or depositions, and to make declarations and certify the truth thereof under his seal of office, concerning all matters done by him by virtue of his office.

ARTICLE IIINotaries Public Ex Officio

SECTION 242. Officers acting as notaries public ex officio. – Except as otherwise specially provided, the following officials, and none other, shall be deemed to be notaries public ex officio, and as such they are authorized to perform, within the limits of their territorial jurisdiction as herein below defined, all the duties appertaining to the office of notary public:

(a) The Chief of the Division of Archives, Patents, Copyrights, and Trademarks; the Clerk of the. Supreme Court, the Clerk of the Court of First Instance of the Ninth Judicial District, the Chief of the General Land Registration Office, and the Superintendent of the Postal Savings Bank Division, Bureau of Posts – when acting within the limits of the City of Manila.

(b) Clerks of Courts of First Instance outside of the City of Manila, when acting within the judicial districts to which

they respectively pertain.

(c) Justices of the peace, within the limits of the territory over which their jurisdiction as justices of the peace extends; but auxiliary justices of the peace and other of who are by law vested with the office of justice of the peace ex officio shall not, solely by reason of such authority, be also entitled to act in the capacity of notaries ex officio.

(d) Any government officer or employee of the Department of Mindanao and Sulu appointed notary public ex officio by the Judge of the Court of First Instance, with jurisdiction co-extensive with the province wherein the appointee is stationed, and for a term of two years beginning upon the first day of January of the year in which the appointment is made.

The authority conferred in subsections (a) and (b) hereof may, in the absence of the chief or clerk of court, be exercised by an assistant chief, acting chief, or deputy clerk of court pertaining to the office in question.

SECTION 243. Notary public ex officio required to use register. – No person shall do any act in the capacity of notary public ex officio in cases where full notarial authentication is required unless he shall have the prescribed notarial register; but the notarial acts of an assistant chief, acting chief, or deputy clerk shall be entered in the same register as would be used by his principal.

ARTICLE IVNotarial Seal

SECTION 244. Seal of notary public. – Every person appointed to the position of notary public shall have a seal of office, to be procured at his own expense, which shall be affixed to papers officially signed by him. It shall be of metal

and shall have the name of the province and the words (“Philippine Islands”) “Philippines” and his own-name engraved on the margin thereof, and the words “notary, public” across the center. An impression of such seal directly on the paper or parchment on which the writing is had shall be as valid as if made on wax or wafer.

In the case of the Chief of the General Land Registration Office or other clerk of court acting as notary public ex officio, it shall suffice to use the official seal of the court to which the officer in question pertains other officials authorized to act as notaries public ex officio are not required to keep or use a seal, unless especially so prescribed, by law.

ARTICLE VNotarial Register

SECTION 245. Notarial register. – Every notary public shall keep a register to be known as the notarial register, wherein record shall be made of all his official acts as notary; and he shall supply a certified copy of such record, or any part thereof, to any person applying for it and paying the legal fees therefor.

Such register shall be kept in books to be furnished by the Attorney-General to any notary public upon request and upon payment of the actual cost thereof, but officers exercising the functions of notaries public ex officio shall be supplied with the register at Government expense. The register shall be duly paged, and on the first page the Attorney-General shall certify the number of pages of which the book consist.

SECTION 246. Matters to be entered therein – The notary public shall enter in such register, in chronological order,

the nature of each instrument executed, sworn to, or acknowledged before him, the person executing, swearing to, or acknowledging the instrument, the witnesses, if any, to the signature, the date of the execution, oath, or acknowledgment of the instrument, the fees collected by hint for his services as notary in connection therewith, and; when the instrument is a contract, he shall keep a correct copy thereof as part of his records, and shall likewise 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. The notary shall give to each instrument executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument the page or pages of his register on which the same is recorded. No blank line shall be left between entries.

When a notary public shall protest any draft, bill of exchange, or promissory note, he shall make a full and true record in his notarial register of all his proceedings in relation thereto, and shall note therein whether the demand or the sum of money therein mentioned was made, of 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, and when, and to whom, and where directed; and of every other fact touching the same.At the end of each week the notary shall certify in his register the number of instruments executed, sworn to, acknowledged, or protested before him; or if none such, certificate shall show this fact.

A certified copy of each month’s entries as described in this section and a certified copy of any instrument acknowledged before them shall within the first ten days of the month next following be forwarded by the notaries public to the clerk of

the Court of First Instance of the province and shall be filed under the responsibility of such officer: Provided, That if there is no entry to certify for the month, the notary shall forward a statement to this effect in lieu of the certified copies herein required.

SECTION 247. Disposition of notarial register. – Immediately upon his notarial register being filled, and also within fifteen days after the expiration of his commission, unless reappointed, the notary public shall forward his notarial register to the clerk of the Court of First Instance of the province or of the City of Manila, as the case may be, wherein he exercises his office, who shall examine the same and report thereon to the judge of the Court of First Instance. If the judge finds that no irregularity has been committed in the keeping of the register, he shall forward the same to the chief of the division of archives, patents, copyrights, and trademarks. In case the judge finds that irregularities have been committed in the keeping of the register, he shall refer the matter to the fiscal of the province – and in the City of Manila, to the fiscal of the city – for action and the sending of the register to the chief of the division of archives, patents, copyrights, and trademarks shall be deferred until the termination of the case against the notary public.

ARTICLE VISupervisory Authority of Judges Over Notaries Public

SECTION 248. Supervision of judges of first instance over notaries public. – The judge of the Court of First Instance in each judicial district shall at all times exercise supervision over the notaries public within his district and shall keep himself informed of the manner in which they perform their duties by personal inspection wherever possible, or from reports which he may require from them, or from any other

available source.In the City of Manila such supervision shall be exercised by one of the Judges of the Court of First Instance of the (Ninth) Fourth Judicial District (City of Manila) to be thereunto assigned by the judges of the nine branches of said court.

SECTION 249. Grounds for revocation of commission. – The following derelictions of duty on the part of a notary public, shall, in the discretion of the proper judge of first instance, be sufficient ground for the revocation of his commission:(a) The failure of the notary to keep a notarial register.(b) The failure of the notary to make the proper entry or entries in his notarial register touching his notarial acts in the manner required by law.(c) The failure of the notary to send the copy of the entries to the proper clerk of Court of First Instance within the first ten days of the month next following.(d) The failure of the notary to affix to acknowledgments the date of expiration of his commission, as required by law.(e) The failure of the notary to forward his notarial register, when filled, to the proper clerk of court.(f) The failure of the notary to make the proper notation regarding cedula certificates.(g) The failure of a notary to make report; within a reasonable time, to the proper judge of first instance concerning the performance of his duties, as may be required by such judge.(h) Any other dereliction or act which shall appear to the judge to constitute good cause for removal.

ARTICLE VIIMiscellaneous Provisions

SECTION 250. Affixing date of expiration of commission. – Notaries public shall affix to all acknowledgments taken and

certified by them, according to law, a statement of the date on which their commissions expire.

SECTION 251. Requirement as to notation of payment of (cedula) residence tax. – Every contract, deed, or other document acknowledged before a notary public shall have certified thereon that the parties thereto have presented their proper (cedula) residence certificates or are exempt from the (cedula) residence tax, and there shall be entered by the notary public as a part of such certification the number, place of issue, and date of each (cedula) residence certificate as aforesaid.

SECTION 252. Compensation of notaries public. – No fee, compensation, or reward of any sort, except such as is expressly prescribed and allowed by law, shall be collected or received for any service rendered by a notary public. Such moneys collected by notaries public proper shall belong to them personally. Officers acting as notaries public ex officio shall charge for their services the fees prescribed by law and account therefor as for Government funds.

Executive Order No. 292, series of 1987, Administrative Code of 1987, Book I, Chapter 10, Sections 41 and 42 (as amended by Republic Act No. 9406)

SECTION 41. Officers Authorized to Administer Oath.—

(1) The following officers have general authority to administer oath: Notaries public, members of the judiciary, clerks of courts, the Secretary of the either House of the Congress of the Philippines, of departments, bureau directors, registers of deeds, provincial governors and lieutenant-governors, city mayors, municipal mayors and any other officer in the service of the government of the Philippines whose appointment is vested in the President.

(2) Oaths may also be administered by any officer whose duties, as defined by law or regulation, require presentation to him of any statement under oath.

SECTION 42. Duty to Administer Oath.—Officers authorized to administer oaths, with the exception of notaries public, municipal judges and clerks of court, are not obliged to administer oaths or execute certificates save in matters of official business; and with the exception of notaries public, the officer performing the service in those matters shall charge no fee, unless specifically authorized by law.

Republic Act No. 7160,Local Government Code of 1991, Sections 156 to 163

ARTICLE VICommunity Tax

Section 156.Community Tax. - Cities or municipalities may levy a community tax in accordance with the provisions of this Article.

Section 157.Individuals Liable to Community Tax. - Every inhabitant of the Philippines eighteen (18) years of age or over who has been regularly employed on a wage or salary basis for at least thirty (30) consecutive working days during any calendar year, or who is engaged in business or occupation, or who owns real property with an aggregate assessed value of One thousand pesos (P1,000.00) or more, or who is required by law to file an income tax return shall pay an annual additional tax of Five pesos (P5.00) and an annual additional tax of One peso (P1.00) for every One thousand pesos (P1,000.00) of income regardless of whether from business, exercise of profession or from property which in no case shall exceed Five thousand pesos (P5,000.00).

In the case of husband and wife, the additional tax herein imposed shall be based upon the total property owned by them and the total gross receipts or earnings derived by them.

Section 158.Juridical Persons Liable to Community Tax. - Every corporation no matter how created or organized, whether domestic or resident foreign, engaged in or doing business in the Philippines shall pay an annual community tax of Five hundred pesos (P500.00) and an annual additional tax, which, in no case, shall exceed Ten thousand pesos (P10,000.00) in accordance with the following schedule:

(1) For every Five thousand pesos (P5,000.00) worth of real property in the Philippines owned by it during the preceding year based on the valuation used for the payment of real property tax under existing laws, found in the assessment rolls of the city or municipality where the real property is situated - Two pesos (P2.00); and

(2) For every Five thousand pesos (P5,000.00) of gross receipts or earnings derived by it from its business in the Philippines during the preceding year - Two pesos (P2.00).

The dividends received by a corporation from another corporation however shall, for the purpose of the additional tax, be considered as part of the gross receipts or earnings of said corporation.

Section 159.Exemptions. - The following are exempt from the community tax:

(1) Diplomatic and consular representatives; and

(2) Transient visitors when their stay in the Philippines does not exceed three (3) months.

Section 160.Place of Payment. - The community tax shall be paid in the place of residence of the individual, or in the place where the principal office of the juridical entity is located.

Section 161.Time for Payment; Penalties for Delinquency. -

(a) The community tax shall accrue on the first (1st) day of January of each year which shall be paid not later than the last day of February of each year. If a person reaches the age of eighteen (18) years or otherwise loses the benefit of exemption on or before the last day of June, he shall be liable for the community tax on the day he reaches such age

or upon the day the exemption ends. However, if a person reaches the age of eighteen (18) years or loses the benefit of exemption on or before the last day of March, he shall have twenty (20) days to pay the community tax without becoming delinquent.

Persons who come to reside in the Philippines or reach the age of eighteen (18) years on or after the first (1st) day of July of any year, or who cease to belong to an exempt class or after the same date, shall not be subject to the community tax for that year.

(b) Corporations established and organized on or before the last day of June shall be liable for the community tax for that year. But corporations established and organized on or before the last day of March shall have twenty (20) days within which to pay the community tax without becoming delinquent. Corporations established and organized on or after the first day of July shall not be subject to the community tax for that year.

If the tax is not paid within the time prescribed above, there shall be added to the unpaid amount an interest of twenty-four percent (24%) per annum from the due date until it is paid.

Section 162.Community Tax Certificate. - A community tax certificate shall be issued to every person or corporation upon payment of the community tax. A community tax certificate may also be issued to any person or corporation not subject to the community tax upon payment of One peso (P1.00).

Section 163.Presentation of Community Tax Certificate On Certain Occasions. -

(a) When an individual subject to the community tax

acknowledges any document before a notary public, takes the oath of office upon election or appointment to any position in the government service; receives any license, certificate. or permit from any public authority; pays any tax or free; receives any money from any public fund; transacts other official business; or receives any salary or wage from any person or corporation with whom such transaction is made or business done or from whom any salary or wage is received to require such individual to exhibit the community tax certificate.

The presentation of community tax certificate shall not be required in connection with the registration of a voter.

(b) When, through its authorized officers, any corporation subject to the community tax receives any license, certificate, or permit from any public authority, pays any tax or fee, receives money from public funds, or transacts other official business, it shall be the duty of the public official with whom such transaction is made or business done, to require such corporation to exhibit the community tax certificate.

(c) The community tax certificate required in the two preceding paragraphs shall be the one issued for the current year, except for the period from January until the fifteenth (15th) of April each year, in which case, the certificate issued for the preceding year shall suffice.

Presidential Decree No. 1158, National Internal Revenue Code of 1977 (as amended), Section 201

Sec. 201. Effect of failure of stamp taxable document. — An instrument, document, or paper which is required by law to be stamped and which has been signed, issued, accepted, or transferred without being duly stamped, shall not be recorded, nor shall it or any copy thereof or any record of transfer of the same be admitted or used in evidence in any court until the requisite stamps shall have been affixed thereto and cancelled.

No notary public or other officer authorized to administer oaths shall add his jurat or acknowledgment to any document subject to documentary stamp tax unless the proper documentary stamps are affixed thereto and cancelled.

A.M. NO. 02-8-13-SC, SC En Banc Resolution dated 6 July 2004, 2004 Rules on Notarial Practice

SEE RULES OF COURT

A.M. No. 02-8-13-SC, SC En Banc Resolution dated 15 August 2006, 2004 Rules on Notarial Practice

Guidelines relative to printing and distribution of notarial books, 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, SC En Banc Resolution dated August 15, 2006

Re: 2004 Rules on Notarial Practice

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 15 2006.

“A.M. No. 02-8-13-SC.- Re: 2004 Rules on Notarial Practice.- The Court Resolved to

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

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

2. Notaries public in other judicial regions shall secure their

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

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

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

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

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

4. In view of the current unavailability of notarial registers, notaries public shall be allowed to use the temporary form attached hereto.  The notary public concerned shall file a

written request to use the improvised form with the executive judge that issued his commission.  A copy of his current commission shall be attached to such request.

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

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

5. The OCA shall, within the first ten (10) days of the first month of every quarter remit to the Office of the Solicitor General an amount equivalent to 10% of the gross collections during the preceding quarter as the share of the OSG in the sale of the notarial registers.

6. The printed certification of the Court Administrator as to the number of pages of each notarial register shall be countersigned by the following:

a. In the National Capital Judicial Region, the official of the Office of the Court Administrator authorized by the Court Administrator to so countersign; and

b. In the case of the other judicial regions, the Clerk of Court of the Regional Trial Court of the city or province where such book has been obtained for cost.

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

a.       UP Printing Services

b.       The National Printing Office, or

c.       Private printing firm

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

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

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

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

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

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

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

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

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

A.M. No. 02-8-13-SC, SC En Banc Resolution dated 19 February 2008, 2004 Rules on Notarial Practice

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, driver’s license, Professional Regulations Commission ID, National Bureau of Investigation clearance, police clearance, postal

ID, voter’s 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, seaman’s 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."

Supreme Court Memorandum Order No. 75-04 dated 25 November 2004

November 25, 2004SUPREME COURT MEMORANDUM ORDER NO. 75-04RE: 2004 RULES ON NOTARIAL PRACTICE (A.M. NO. 02-8-13-SC)The attention of the Court has been called to some problems relating to the implementation of the 2004 Rules on Notarial Practice, among which are the provisions which cannot be complied with or cannot be implemented as yet such as the use of new dry seals and seal image. These problems have been dealt with in a Resolution dated August 24, 2004 1 issued by the Court En Banc, which is quoted hereunder: ESHAIC"A.M. No. 02-8-13-SC. Re: 2004 Rules on Notarial Practice. — The Court Resolved to DECLARE that(a) Notaries Public who have been commissioned prior to 1 August 2004 can continue with their work until the expiration of their commission;(b) Incumbent Notaries Public should follow the new rules that can be complied with; and(c) A contrario, incumbent Notaries Public need not comply with the rules that cannot yet be enforced such as the use of new dry seals and seal image and new forms of notarial registers. IaHAcTThe Court further Resolved to DIRECT the Office of the Court Administrator to immediately take all steps to facilitate the early implementation of the 2004 Rules on Notary Practice in coordination with the Office of the Solicitor General and the Executive Judge.The Court moreover Resolved to NOTE the (a) Letter dated 16 August 2004 of Attys. Eusebio V. Tan and Romulo A. Espaldon, Jr. of Angara Abello Concepcion Regala& Cruz Law Offices and (b) Letter dated 17 August 2004 of Atty. Roberto E. Examen, President, IBP, Sultan Kudarat Chapter, Poblacion, Isulan, Sultan Kudarat, both requesting advise and/or clarification relative to the implementation of the 2004 Rules on Notarial Practice."It appears that the above en banc Resolution has not been fully disseminated, hence, the continuing clarificatory letters from affected

parties. The Court thus finds the necessity to more fully circularize and publicize the said en banc Resolution. For this purpose, the Court Administrator is instructed to circularize the said Resolution to all Judges, especially the Executive Judges; the Integrated Bar of the Philippines to do the same to all lawyers; and the Public Information Office to make parallel efforts to disseminate the information to the public. cHDEaCSubmission of compliance herewith shall be submitted to the Court, through the Clerk of Court, within thirty (30) days from notice.November 25, 2004. STECDc(SGD.) REYNATO S. PUNOActing Chief Justice

Bar Matter No. 2493

April 24, 2012EN BANCB.M. No. 2493NOTICESirs/Mesdames :Please take notice that the Court en banc issued a Resolution dated April 24, 2012, which reads as follows: TEcAHI"B.M. No. 2493 (In re: Letter of Judge Ramon B. Barona, RTC, Branch 13, Basco, Batanes, Inquiring About the Re-Appointment of Two [2] Non-Lawyers as Notary Public). — The Court Resolved, upon the recommendation of the Office of the Court Administrator, to:(a) GRANT Judge Ramon B. Barona, RTC, Branch 13, Basco, Batanes, the authority to grant notary public commissions to non-members of the Philippine Bar as an exception to the rule subject to the following conditions as previously set forth in A.M. No. 05-8-491-RTC, to wit:(i) Only paragraph (4), Section 1, Rule III of the 2004 Rules on Notarial Practice shall be waived; and(ii) The following additional requirements are complied with, to wit: TcCEDS(1) The applicant must at least be a holder of a Bachelor of Laws degree and must present a certification of completion from the school where he graduated from; and(2) The applicant must submit a certificate of good moral character issued by at least two (2) local executive officials to show that the applicant possesses the requisite qualifications of fitness and morality; and(b) REQUIRE Judge Barona to SUBMIT, within fifteen (15) days from notice hereof, (i) the names of the non-lawyers to be commissioned as notaries public and (ii) proof of their qualification as notaries public." (adv143) SEDICaVery truly yours,

(SGD.) ENRIQUETA E. VIDALClerk of Court

Supreme Court Circular I-90, 26 February 1990, Power of the Municipal Trial Court Judges and Municipal Circuit Trial Court Judges to Act as Notaries Public Ex Officio

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

For the information and guidance of all concerned, quoted hereunder is the Resolution of the Court En Banc dated December 19, 1989, in Administrative Matter No. 89-11-1303 MTC, "Re: Request for clarification on the power of municipal trial court judges and municipal circuit trial court judges to act as Notaries Public Ex Officio";"Acting on a query regarding the power of municipal trial court judges and municipal circuit trial court judges to act in the capacity of notaries public ex officio in the light of the 1989 Code of Judicial Conduct, the Court Resolved to issue a clarification on the matter."Municipal Trial Court (MTC) and Municipal Circuit Trial Court (MCTC) judges are empowered to perform the function of Notaries Public ex officio under Section 76 of Republic Act No. 296, as amended [otherwise known as the Judiciary Act of 1948] and Section 242 of the Revised Administrative Code. But the Court hereby lays down the following qualifications on the scope of this power:

"MTC and MCTC judges may act as Notaries Public ex officio in the notarization of documents connected only with the exercise of their official functions and duties [Borne v. Mayo, Adm. Matter No. 1765-CFI,

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

"However, the Court taking judicial notice of the fact that there are still municipalities which have neither lawyers nor notaries public, rules that MTC and MCTC judges assigned to municipalities or circuits with no lawyers or notaries public may, in the capacity as notaries public ex officio, perform any act within the competency of a regular notary public: Provided, That: [1] all notarial fees charged be for the account of the Government and turned over to the municipal treasurer (Lapena, Jr. vs. Marcos, Adm. Matter No. 1969-MJ, June 29, 1982, 114 SCRA 572); and [2] certification be made in the notarized documents attesting to the lack of any lawyer or notary public in such municipality or circuit." Feliciano, J., is on leave

February 26, 1990.       

[Sgd.] MARCELO B. FERNANChief Justice