2004 Rules On Notarial Practice
2004 Rules On Notarial Practice
RULE I Implementation
SECTION 1. Title. — These Rules shall be known as the 2004 Rules on Notarial Practice.
SECTION 2. Purposes. — These Rules shall be applied and construed to advance the following purposes:
(b) to simplify, clarify, and modernize the rules governing notaries public; and
SECTION 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
(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.
SECTION 2. Affirmation or Oath. — The term "Affirmation" or "Oath" refers to an act in which an
individual on a single occasion:
(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.
SECTION 3. Commission. — "Commission" refers to the grant of authority to perform notarial acts and to
the written evidence of the authority.
SECTION 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;
SECTION 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.
(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.
SECTION 7. Notarial Act and Notarization. — "Notarial Act" and "Notarization" refer to any act that a
notary public is empowered to perform under these Rules.
SECTION 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.
SECTION 9. Notary Public and Notary. — "Notary Public" and "Notary" refer to any person commissioned
to perform official acts under these Rules.
SECTION 10. Principal. — "Principal" refers to a person appearing before the notary public whose act is
the subject of notarization.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 15. Court. — "Court" refers to the Supreme Court of the Philippines.
SECTION 16. Petitioner. — "Petitioner" refers to a person who applies for a notarial commission.
SECTION 17. Office of the Court Administrator. — "Office of the Court Administrator" refers to the Office
of the Court Administrator of the Supreme Court.
SECTION 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.
SECTION 19. Vendor. — "Vendor" under these Rules refers to a seller of a notarial seal and shall include a
wholesaler or retailer.
SECTION 20. Manufacturer. — "Manufacturer" under these Rules refers to one who produces a notarial
seal and shall include an engraver and seal maker.
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.
(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.
SECTION 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.
SECTION 3. Application Fee. — Every petitioner for a notarial commission shall pay the application fee as
prescribed in the Rules of Court.
SECTION 4. Summary Hearing on the Petition. — The Executive Judge shall conduct a summary hearing
on the petition and shall grant the same if:
(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.
SECTION 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.
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
SECTION 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.
SECTION 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
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
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.
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.
____________________________
Executive. Judge
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 1. Powers. — (a) A notary public is empowered to perform the following notarial acts:
(1) acknowledgments;
(3) jurats;
(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;
(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
SECTION 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.
SECTION 3. Disqualifications. — A notary public is disqualified from performing a notarial act if he:
(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.
SECTION 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.
(a) execute a certificate containing information known or believed by the notary to be false.
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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
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.
SECTION 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:
(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;
(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.
SECTION 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;
(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.
SECTION 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.
SECTION 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.
SECTION 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.
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;
(c) affix his official signature only at the time the notarial act is performed.
SECTION 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.
SECTION 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.
SECTION 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
Php4,000 for the vendor and Php8,000 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.
SECTION 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;
(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.
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:
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)
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.
(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.
SECTION 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.
SECTION 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.
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:
(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;
(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;
(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).
SECTION 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.
SECTION 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.
SECTION 4. Death of Notary Public. — If a notary public dies before fulfilling the obligations in Section
5(b), 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.
SECTION 1. Punishable Acts. — The Executive Judge shall cause the prosecution of any person who:
(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.
SECTION 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.
SECTION 1. Repeal. — All rules and parts of rules, including issuances of the Supreme Court inconsistent
herewith, are hereby repealed or accordingly modified.
SECTION 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.
A.M. No. 20-07-04-SC 2020 Interim Rules on Remote Notarization of Paper Documents
RESOLUTION
Acting on the letter dated July 6, 2020 and on the proposed 2020 Interim Rules on Remote Notarization
of Paper Documents submitted by the Subcommittee on the Revision of the Rules Governing Notaries
Public, the Court resolves to APPROVE the 2020 Interim Rules on Remote Notarization of Paper
Documents.
These Rules shall take effect (15) days after their complete publication in the Official Gazette or in at
least two (2) newspapers of national circulation in the Philippines and shall remain effective until the
Court directs otherwise.
SECTION 1. Title. — These rules shall be known as the 2020 Rules on Remote Notarization of Paper
Documents and may be referred to as the "RON Rules" (the "Rules").
SECTION 2. Scope. — These Rules shall be limited to the notarization of paper documents and
instruments with handwritten signatures or marks through the use of videoconferencing facilities as
defined herein.
SECTION 4. Notarial Commission. — A notary public with a valid and existing notarial commission issued
under the 2004 Rules on Notarial Practice can perform the notarial acts authorized by these Rules.
SECTION 5. Legal Effect and Enforceability. — Any notarial act performed through the use of
videoconferencing facilities pursuant to these Rules shall have the same validity, force, effect and may be
relied upon to the same extent as any other notarial act performed under the 2004 Rules on Notarial
Practice.
SECTION 6. Definition of Terms. — The definition of terms in the 2004 Rules on Notarial Practice are
hereby adopted as part of these Rules. In addition, the following definitions are hereby adopted:
a) 2004 Rules on Notarial Practice — refer to the 2004 Rules on Notarial Practice, hereinafter referred to
as the "2004 Notarial Rules";
i. at least one current identification document (ID) issued by an official government agency bearing the
photograph and signature of the individual, such as the following: passport, driver's license, Professional
Regulations Commission (PRC) ID, Integrated Bar of the Philippines (IBP) ID, National Bureau of
Investigation (NBI) clearance, police clearance, postal ID, voter's ID, Government Service and Insurance
System (GSIS) e-card, Social Security System (SSS) card, PhilHealth card, senior citizen card, Overseas
Workers Welfare Administration (OWWA) ID, Overseas Filipino Worker (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 Disabled Persons (NCWDP), Department of Social Welfare and
Development (DSWD) certification, Tax Identification Number (TIN) ID, and Unified Multi-Purpose ID
(UMID) Card; or
ii. the oath or affirmation of one (1) 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 (2) credible witnesses not privy to the instrument, document, or transaction who personally know
the individual being identified, and who show to the notary public any of the IDs enumerated in the
immediately preceding paragraph.
c) Courier Service — refers to on-demand express delivery services (such as, but not limited to,
Lalamove, GrabExpress, and Transportify), as well as door-to-door express delivery services (such as, but
not limited to, LBC, JRS, DHL Express, FedEx, and 2go) including those services offered by private express
and/or messengerial delivery service (PEMEDES) or courier service providers authorized by the
Department of Information and Communications Technology (DICT), provided they are equipped with
shipment tracking facilities which enable users to track the movement of shipments in real time.
d) Geolocation — refers to the geographical location of a computer, networking device, or equipment
determined on the basis of geographical coordinates and measurements.
f) "Personal appearance," "appears in person," or "in the presence of the notary public" means that the
principal, witnesses, and the notary public can see, hear, and communicate with each other, and present
and confirm competent evidence of identity to each other in real time through the use of
videoconferencing facilities and other devices or technologies that achieve the same purposes.
g) Principal — refers to the person appearing before the notary public whose act is the subject of
notarization under these Rules including the person requesting copy certification by videoconference.
h) Quarantine — refers to the restriction of movement of persons within, into, and out of a locality under
quarantine designed to reduce the likelihood of transmission of COVID-19 among persons in and to
persons outside the affected area as declared by the IATF, the provincial governors with regard
component cities and municipalities, or mayors of cities and municipalities with regard to barangays,
both governors and mayors having the concurrence of the relevant regional counterpart body of the
IATF. The term "Quarantine" may refer to General Community Quarantine (GCQ), Modified General
Community Quarantine (MGCQ), Enhanced Community Quarantine (ECQ), and Modified Enhanced
Community Quarantine (MECQ) as defined by the proper authorities referred to herein.
i) Videoconferencing facilities — refers to any tool, device, system, application, and technology that has
sufficient interactive audio-video capabilities that allow all the parties physically located in different
locations to see, hear and communicate with, and present and confirm competent evidence of identity
to each other in real time. These facilities include Webex, Zoom, Google Meet, Microsoft Teams, and
other similar web conferencing platforms.
SECTION 7. Suppletory Application of the 2004 Notarial Rules. — In the absence of any applicable
provision in these Rules, the pertinent provisions of the 2004 Notarial Rules may be applied by analogy
or in a suppletory manner.
RULE II Acknowledgment
a) The principal shall cause the delivery of the instrument or document requiring acknowledgment to the
notary public by personal or courier service. The instrument or document must be integrally complete,
bear the handwritten signature of the principal, and be placed in an envelope sealed with the initials of
the principal. In cases where the principal chooses to cause the delivery of the sealed envelope through
courier service, he or she shall be required to furnish the notary public with the details necessary to
track its delivery once these details become available.
b) If the principal is not personally known to the notary public, he or she shall be required to provide the
notary public, by personal or courier service, two (2) copies of any competent evidence of identity as
defined herein. If the principal is signing in a particular representative capacity, he or she shall be
required to deliver to the notary public, by personal or courier service, two (2) certified copies of the
document granting his or her authority to sign in such capacity as well as two (2) copies of any
competent evidence of identity of the party granting such authority. If the party granting the principal's
authority to sign is a corporation, the principal shall also provide two (2) copies of any competent
evidence of identity of the corporate secretary certifying the principal's authority or two (2) duplicate
originals or certified copies of the Board Resolution granting the principal's authority. The principal shall
be required to exhibit to the notary public the original evidence of his or her identity and the original
document granting his or her authority to sign during the videoconference for examination and
comparison with the copies so provided. Whenever applicable, the copies of the competent evidence of
identity required herein and/or the copies of the document granting the principal's authority to sign
shall be placed together with the instrument or document in the sealed envelope referred to in
paragraph (a) above.
c) The principal shall also submit to the notary public a video clip showing that he or she actually signed
the instrument or document delivered for acknowledgment. The principal may choose to submit this
video clip to the notary public by storing it in a compact disc (CD) or Universal Serial Bus (USB) which
shall be placed in the sealed envelope referred to in paragraph (a) above, or by sending the video clip by
e-mail or any other means of digital communication.
d) Upon receipt of the sealed envelope referred to in paragraph (a) above and video clip referred to in
paragraph (c) above, the notary public shall schedule a videoconference with the principal during which
the notary public shall:
ii. require the principal to confirm his or her location to the satisfaction of the notary public by showing
his or her geolocation through an application with global positioning satellite (GPS) capabilities or by
showing the notary public identifiable landmarks or buildings within the vicinity;
iii. open the sealed envelope wherein the instrument or document is placed within full view of the
principal and require him or her to confirm that the instrument or document exhibited to him or her is
the very same instrument or document which he or she caused to be delivered to the notary public for
acknowledgment;
iv. ensure that the instrument or document is kept within the full view of the principal at all times during
the videoconference;
v. require the principal to affix his or her handwritten signature on a blank piece of paper within full view
of the notary public for comparison with the signature appearing on the instrument or document;
vi. require the principal to confirm that the signature appearing at the end of the instrument or
document belongs to him or her and that it was voluntarily affixed for the purposes stated therein;
vii. review the video clip submitted by the principal to verify that he or she actually signed the
instrument or document as represented; and
viii. require the principal to declare that he or she has executed the instrument or document as his or her
free and voluntary act and deed, and if acting in a particular representative capacity, that he or she has
authority to sign in that capacity. The notary public shall assess the principal's voluntariness by
examining his or her demeanor and immediate surroundings and by asking searching questions. Should
there be other persons present in the videoconference, the notary public shall require such persons to
identify themselves and state the reasons why they are in the immediate vicinity of the principal and if
not satisfied with the reasons given, require them to leave the immediate vicinity of the principal for the
duration of the videoconference.
e) Should there be more than one principal, each shall be present either singly or in group/s during the
videoconference and be required to comply and/or confirm compliance with the requirements and
procedure set forth in paragraphs (a), (b), (c), and (d) above.
f) After the matters set forth above are accomplished, the notary public shall complete the Notarial
Certificate attached to the instrument or document or appearing below the signature portion thereof,
affix his or her signature thereon by hand, and set his or her Official Seal. The Notarial Certificate shall
state that the notarial act was done through the use of videoconferencing facilities in accordance with
these Rules.
a) The principal shall cause the delivery of the instrument or document to the notary public through
personal or courier service. The instrument or document shall be placed in an envelope which shall be
sealed with the initials of the principal. In cases where the principal chooses to cause the delivery of the
sealed envelope through courier service, he or she shall be required to furnish the notary public with the
details necessary to track its delivery once these details become available.
b) If the principal is not personally known to the notary public, he or she shall also be required to provide
the notary public by personal or courier service, two (2) copies of any competent evidence of identity as
defined herein, which shall be placed together with the instrument or document in the sealed envelope
referred to in paragraph (a) above. The principal shall be required to exhibit the original evidence of
identity to the notary public during the videoconference for examination and comparison with the
copies so provided.
c) The principal shall also submit to the notary public a video clip showing that he or she actually signed
the instrument or document delivered for affirmation or oath. The principal may choose to submit this
video clip to the notary public by storing it in a CD or USB which shall be placed in the sealed envelope
referred to in paragraph (a) above, or by sending the video clip by e-mail or any other means of digital
communication.
d) Upon receipt of the sealed envelope referred to in paragraph (a) above and the video clip referred to
in paragraph (c) above, the notary public shall schedule a videoconference with the principal during
which the notary public shall:
ii. require the principal to confirm his or her location to the satisfaction of the notary public by showing
his or her geolocation through an application with GPS capabilities or by showing the notary public
identifiable landmarks or buildings within the vicinity;
iii. open the sealed envelope wherein the instrument or document is placed within full view of the
principal and require him or her to confirm that the instrument or document exhibited to him or her is
the same instrument or document which he or she caused to be delivered to the notary public for
affirmation or oath;
iv. ensure that the instrument or document is kept within the full view of the principal at all times during
the videoconference;
v. require the principal to confirm that he or she has read the instrument or document in its entirety and
has understood all its contents;
vi. require the principal to affix his or her handwritten signature on a blank piece of paper within full
view of the notary public for comparison with the signature appearing on the instrument or document;
vii. require the principal to confirm that the signature appearing at the end of the instrument or
document belongs to him or her and that it was voluntarily affixed for the purposes stated therein;
viii. review the video clip submitted by the principal to verify that he or she actually signed the
instrument or document as represented; and
ix. require the principal to avow to the whole truth of the contents of the instrument or document under
penalty of law. The notary public shall assess the principal's voluntariness by examining his or her
demeanor and immediate surroundings and by asking searching questions. Should there be other
persons present in the videoconference, the notary public shall require such persons to identify
themselves and state the reasons why they are in the immediate vicinity of the principal and if not
satisfied with the reasons given, require them to leave the immediate vicinity of the principal for the
duration of the videoconference.
e) Should there be more than one principal, each shall be present either singly or in group/s during the
videoconference and be required to comply and/or confirm compliance with the requirements and
procedure set forth in paragraphs (a), (b), (c), and (d) above.
f) After the matters set forth above are accomplished, the notary public shall complete the Notarial
Certificate attached to the instrument or document or appearing below the signature portion thereof,
affix his or her signature thereon by hand, and set his or her Official Seal. The Notarial Certificate shall
state that the notarial act was done through the use of videoconferencing facilities in accordance with
these Rules.
SECTION 2. Jurat by Videoconference. — Jurat may be also accomplished in the same manner provided in
Section 1, Rule III of these Rules.
RULE IV Witnesses to Documents
SECTION 1. Witnesses to Documents. — If the instrument or document subject of the notarial act in
Rules II and III bears the signatures of parties who acted as witnesses to the execution thereof, the
principal shall provide by personal or courier service two (2) copies of any competent evidence of
identity, as defined herein, of the witnesses not personally known to the notary public. The copies of the
witnesses' competent evidence of identity shall also be placed in the sealed envelope wherein the
instrument or document is placed. In cases where the principal chooses to cause the delivery of the
sealed envelope through courier service, he or she shall be required to furnish the notary public with the
details necessary to track its delivery once these details become available.
SECTION 2. Presence of Witnesses. — The witnesses shall be present during the videoconference to be
conducted by the notary public pursuant to Rules II and III. During the videoconference, in addition to
the matters set forth in Rule II (in case of acknowledgment) or Rule III (in case of affirmation, oath, or
jurat), the notary public shall:
a) require the witnesses to confirm their respective identities by exhibiting to the notary public the
originals of their competent evidence of identity;
b) require the witnesses to confirm their respective locations to the satisfaction of the notary public by
showing their geolocation through an application with GPS capabilities or by showing the notary public
identifiable landmarks or buildings within their respective vicinities;
c) determine whether the witnesses are in fact disinterested and unaffected parties to the instrument or
document by asking searching questions;
d) require each witness to confirm that every signature in the instrument or document purporting to be
that of the said witness belongs to him or her and that it was voluntarily affixed thereon;
e) require each witness to declare that he or she personally witnessed the principal signing the
instrument or document or affixing his or her thumbmark or other mark thereon freely and voluntarily;
and
f) review the video clip submitted by the principal to verify that the witnesses actually saw the principal
sign or affix his or her thumbmark or other mark on the instrument or document as represented.
SECTION 1. Thumbmark or Other Mark. — Where the principal in notarial acts performed under these
Rules affixes his or her thumbmark or other mark in lieu of his handwritten signature, the principal shall
be required to affix such mark in the physical presence of two (2) unaffected and disinterested witnesses
who shall sign their own names in addition to the principal's thumbmark or other mark.
Thereafter, the principal shall cause the delivery of the instrument or document to the notary public by
personal or courier service. The instrument or document shall be placed in a sealed envelope, together
with the copies of the competent evidence of identity required in Rule II (in case of acknowledgment) or
Rule III (in case of affirmation, oath, or jurat), or Rule IV (in cases where the signatures of witnesses
appear in the instrument or document). In cases where the principal chooses to cause the delivery of the
sealed envelope through courier service, he or she shall be required to furnish the notary public with the
details necessary to track its delivery once these details become available.
SECTION 2. Procedure. — Upon receipt of the instrument or document, the notary public shall schedule
a videoconference with the principal and the two (2) unaffected and disinterested witnesses. During the
videoconference, in addition to the matters set forth in Rule II (in case of acknowledgment) or Rule III (in
case of affirmation, oath, or jurat), the notary public shall:
a) require the principal to confirm that he or she affixed his or her thumbmark or other mark on the
instrument or document in lieu of a signature;
b) require the principal to affix his or her thumbmark or other mark on a piece of paper within full view
of the notary public for comparison with the thumbmark or other mark appearing on the instrument or
document;
c) require the principal to confirm that he or she has read the instrument or document if able to do so,
or that the instrument or document has been read to him or her in its entirety, and that he or she has
understood its contents by asking searching questions regarding the instrument or document. Should
there be other persons present in the videoconference, the notary public shall require such persons to
identify themselves and state the reasons why they are in the immediate vicinity of the principal and if
not satisfied with the reasons given, require them to leave the immediate vicinity of the principal for the
duration of the videoconference;
d) require the witnesses to confirm their respective identities by exhibiting to the notary public the
originals of their competent evidence of identity;
e) require the witnesses to confirm their respective locations to the satisfaction of the notary public by
showing their geolocation through an application with GPS capabilities or by showing the notary public
identifiable landmarks or buildings within their respective vicinities;
f) determine whether the witnesses are in fact unaffected and disinterested parties to the instrument or
document by asking searching questions;
g) require each witness to confirm that every signature in the instrument or document purporting to be
that of said witness belongs to him or her and that it was voluntarily affixed thereon;
h) require each witness to confirm that he or she personally witnessed the principal affixing their
thumbmark or other mark thereon freely and voluntarily; and
i) review the video clip submitted by the principal to verify that the witnesses actually saw the principal
affix his thumbmark or other mark on the instrument or document as represented.
After the matters set forth above are accomplished, the notary public shall be required to notarize the
instrument or document bearing the thumbmark or other mark of the principal by acknowledgment or
jurat through the use of videoconferencing facilities in accordance with these Rules. The notary public
shall complete the Notarial Certificate attached to the instrument or document or appearing below the
signature portion thereof, affix his or her signature thereon by hand, and set his or her Official Seal. The
Notarial Certificate shall state that the notarial act was done through the use of videoconferencing
facilities in accordance with these Rules.
SECTION 3. Notary Public Requested to Sign. — Where the principal in notarial acts performed under
Rules II and III is unable to affix his or her handwritten signature, thumbmark, or other mark on the
instrument or document subject of the notarial act and requests the notary public to sign on his or her
behalf, the principal shall place the instrument or document in a sealed envelope together with the
copies of the competent evidence of identity required in Rule II (in case of acknowledgment) or Rule III
(in case of affirmation, oath, or jurat), and two (2) copies of any competent evidence of identity, as
defined herein, of the witnesses chosen by the principal. Thereafter, the principal shall cause the
delivery of said envelope to the notary public by personal or courier service. In cases where the principal
chooses to cause the delivery of the sealed envelope through courier service, he or she shall be required
to furnish the notary public with the details necessary to track its delivery once these details become
available.
Upon receipt of the instrument or document, the notary public shall schedule a videoconference with
the principal and two (2) unaffected and disinterested witnesses chosen by the latter. During the
videoconference, in addition to the matters set forth in Rule II (in case of acknowledgment) or Rule III (in
case of affirmation, oath, or jurat), the notary public shall:
a) confirm the principal's inability to sign or affix his or her thumbmark on the instrument or document
and the latter's request to have the notary public sign the instrument or document on his or her behalf;
b) require the principal to confirm that he or she has read the instrument or document if able to do so,
or that the instrument or document has been read to him or her in its entirety, and that he or she has
understood its contents by asking searching questions regarding the instrument or document. Should
there be other persons present in the videoconference, the notary public shall require such persons to
identify themselves and state the reasons why they are in the immediate vicinity of the principal and if
not satisfied with the reasons given, require them to leave the immediate vicinity of the principal for the
duration of the videoconference;
c) sign the instrument or document within full view of the principal and the two (2) unaffected and
disinterested witnesses who shall also be within full view of the principal;
d) require the witnesses to confirm their respective identities by exhibiting to the notary public the
originals of their competent evidence of identity;
e) require the witnesses to confirm their respective locations to the satisfaction of the notary public by
showing their geolocation through an application with GPS capabilities or by showing the notary public
identifiable landmarks or buildings within their respective vicinities;
f) determine whether the witnesses are in fact unaffected and disinterested parties to the instrument or
document by asking searching questions;
g) require each witness to declare that he or she personally witnessed the notary public affixing his or
her or signature on the instrument or document on behalf of the principal; and
h) indicate below the notary public's signature, the following statement: "Signature affixed by notary in
the presence of (names and addresses of the principal and two [2] witnesses)."
After the matters set forth above are accomplished, the notary public shall be required to notarize the
instrument or document bearing the notary public's signature by acknowledgment or jurat through the
use of videoconferencing facilities in accordance with these Rules. The notary public shall complete the
Notarial Certificate attached to the instrument or document or appearing below the signature portion
thereof, affix his or her signature thereon by hand, and set his or her Official Seal. The Notarial Certificate
shall state that the notarial act was done through the use of videoconferencing facilities in accordance
with these Rules.
a) The principal shall cause the delivery of the instrument or document for copy certification to the
notary public by personal or courier service. The instrument or document shall be placed in an envelope
which shall be sealed with the initials of the principal. In cases where the principal chooses to cause the
delivery of the sealed envelope through courier service, he or she shall be required to furnish the notary
public with the details necessary to track its delivery once these details become available.
b) Upon receipt of the instrument or document for copy certification, the notary public shall:
i. determine that the instrument or document to be copied is not a vital record, a public record, or
publicly recordable. If it is, the notary public shall immediately notify the principal that the instrument or
document cannot be copy-certified, and request him or her to cause its retrieval at his or her expense;
ii. if the instrument or document can be copy-certified, schedule a videoconference with the principal
wherein the notary public shall require him or her to confirm that the instrument or document exhibited
by the notary public is the same instrument or document which he or she caused to be delivered to the
notary public for copy certification;
iii. proceed to make a copy or copies, as required by the principal or supervise the copying of the
instrument or document; and
iv. compare the instrument or document with the copy or copies made and ensure that it is or they are
accurate and complete.
c) After the matters set forth above are accomplished, the notary public shall complete the Notarial
Certificate attached to the instrument or document or printed at the bottom portion of the copy or
copies, affix his or her signature thereon by hand, and set his or her Official Seal. The Notarial Certificate
shall state that the notarial act was done through the use of videoconferencing facilities in accordance
with these Rules.
a) The principal shall take a photograph or scan the instrument or document for copy certification, and
subsequently send such photograph or scanned copy to the notary public by e-mail.
b) Upon receipt of the e-mail referred to in paragraph (a) above, the notary public shall:
i. determine that the instrument or document to be copied is not a vital record, a public record, or
publicly recordable. If it is, the notary public shall immediately notify the principal that the instrument or
document cannot be copy-certified;
ii. if the instrument or document can be copy-certified, print out the instrument or document and
schedule a videoconference with the principal wherein the notary public shall exhibit the print out to the
principal and require him or her to confirm that the instrument or document so exhibited is the same
instrument or document sent to the notary public for copy certification;
iii. proceed to make such number of copies of the instrument or document as required by the principal,
or supervise the copying of the instrument or document; and
iv. compare the instrument or document sent by the principal with the copy or copies made and ensure
that it is, or they are accurate and complete.
c) After the matters set forth above are accomplished, the notary public shall complete the Notarial
Certificate attached to the instrument or document or printed at the bottom portion of the copy or
copies, affix his or her signature thereon by hand, and set his or her Official Seal. The Notarial Certificate
shall state that the notarial act was done through the use of videoconferencing facilities in accordance
with these Rules.
SECTION 1. Imposition and Waiver of Fees. — For performing a notarial act under these Rules, a notary
public may charge the maximum fee prescribed by the Supreme Court unless he or she waives the fee in
whole or in part. The fee charged by the notary public may be paid by the principal through electronic
remittance or bank transfer or any other means agreed upon by the parties.
SECTION 2. Delivery. — The principal shall shoulder all expenses in connection with the remote
notarization, including expenses for the reproduction of the instrument or document and delivery
thereof either by personal or courier service as required in these Rules. After any notarial act under
these Rules shall have been performed and the corresponding notarial and courier service fees and
expenses paid, the principal shall cause the retrieval of the notarized documents from the notary public
either personally or by courier service.
RULE VIII
Miscellaneous Matters
SECTION 1. Place of Remote Notarization. — All notarial acts under these Rules shall be performed by
the notary public within the territorial jurisdiction of the court which issued the notary public's
commission. The notary public, as well as the principals and the witnesses, if any, must be located within
the territorial jurisdiction of the notary public's commission during the videoconference required in
Rules II (in case of acknowledgment), III (in case of affirmation, oath, or jurat), IV (in cases where the
signatures of witnesses appear in the instrument or document), and V (in cases where a thumbmark or
other mark is affixed in lieu of a signature or when the notary public signs on behalf of the principal) of
these Rules.
During the videoconference required in Rule VI (in case of copy certification), the presence of the notary
within the territorial jurisdiction of the court which issued his or her notarial commission shall suffice for
purposes of compliance with this Section.
SECTION 2. Photographs or Screenshots of the Videoconference. — The notary public shall take a
photograph or a screenshot of the videoconference clearly showing all parties who participated in the
notarial act. In said photograph or screenshot, the notary public must be seen holding the instrument or
document to make the first page of the notarized document visible and identifiable as such. The
photograph or screenshot must bear a time and date stamp which accurately reflects the time and date
when the videoconference was conducted. A physical copy of this photograph or screenshot must be
produced and attached to the notarial register in the manner set forth under Section 4, Rule VIII of these
Rules. The photograph or screenshot shall serve as proof of the personal appearance of the principal/s
and/or witnesses before the notary public and shall likewise substitute their signatures in the Notarial
Register.
SECTION 3. Notarial Register. — In addition to the entries required by the 2004 Notarial Rules, the
Notarial Register must include an entry indicating that the notarial act was performed through
videoconference as required by these Rules and specifying the particular videoconferencing facility used
by the parties therein.
SECTION 4. Entry of Notarial Act. — The notary shall retain two (2) copies of the instrument or document
on which he or she performed a notarial act pursuant to these Rules. The notary public shall attach to
these copies the competent evidence of identity provided by the parties and the witnesses and the
photographs or screenshots required under Section 2, Rule VIII of these Rules. The competent evidence
of identity and photographs or screenshots shall be properly marked with the document number and
page number of the relevant entry. The first set of copies shall be attached as annexes to the Notarial
Register and form part of the entries corresponding to the notarial act to which they pertain. The
remaining set shall be kept by the notary public for his or her records.
SECTION 5. Additional Matters in Notarial Certificate. — In addition to the matters set forth in Section 2,
Rule VIII of the 2004 Notarial Rules, all Notarial Certificates pertaining to notarial acts performed under
these Rules shall include a statement by the notary public that:
a) the notarial act had been performed by videoconference in accordance with these Rules; and
b) the notary public, the principal/s, and the witnesses, if any, were in a locality within the territorial
jurisdiction of the court which issued the notary public's commission at the time the notarial act was
performed pursuant to Rules II (in case of acknowledgment), III (in case of affirmation, oath, or jurat), IV
(in cases where the signatures of witnesses appear in the instrument or document), and V (in cases
where a thumbmark or other mark is affixed in lieu of a signature or when the notary public signs on
behalf of the principal) of these Rules. When the notarial act is performed pursuant to Rule VI (in case of
copy certification), a statement that the notary public was within the territorial jurisdiction of the court
which issued his or her notarial commission shall suffice.
SECTION 6. Additional Grounds for Refusal to Notarize. — The notary public shall exercise reasonable
effort in assessing the demeanor of the principal or witnesses, if any, with respect to notarial acts
performed in accordance with these Rules. The notary public may refuse to perform the notarial act
requested in the event that the principal or witnesses exhibit/s behavior that engenders reasonable
doubt as to his or her or their understanding of the instrument or document or otherwise indicates a
defect in his or her or their consent thereto. The notary public shall also refuse to perform the notarial
act requested if the principal or witnesses refuse/s to appear before the notary public through
videoconference, as required by these Rules.
SECTION 7. Safety Guidelines. — Where any or some of the principals or witnesses physically appear/s
before a notary public for a notarial act while the quarantine is in effect, the safety guidelines issued by
the government must be duly observed. In such cases, the notary public shall ensure that all such
measures necessary to prevent the spread of COVID-19 shall be undertaken.
SECTION 8. Registration. — The Integrated Bar of the Philippines (IBP) is directed to create and
disseminate to the general public a register of notaries public in all the chapters of the IBP who shall
undertake the performance of notarial acts in accordance with these Rules. This register shall indicate
the names, contact numbers, e-mail addresses of the said notaries public, and the territorial jurisdiction
of the court which issued their respective commissions. This register shall be published by the IBP in its
website, and in any other medium it may deem appropriate.
SECTION 1. Revocation and Administrative Sanctions. — The grounds for the revocation of notarial
commission and the imposition of administrative sanctions set forth in Section 1, Rule XI of the 2004
Notarial Rules shall apply to all notarial acts covered by these Rules.
RULE X Effectivity
SECTION 1. Effectivity. — These Rules shall take effect fifteen (15) days after their complete publication in
the Official Gazette or in at least two (2) newspapers of national circulation in the Philippines and shall
remain effective until the Court directs otherwise.
SECTION 2. Subsequent Amendments. — The Supreme Court shall amend these Rules as may be
necessary to comply with the safety guidelines issued by the appropriate authorities.