The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

Below is a detailed and methodical discussion of The 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) promulgated by the Supreme Court of the Philippines. This set of rules took effect on August 1, 2004, superseding previous notarial regulations. It was enacted to professionalize the notarial system, protect public interest, and ensure the integrity of notarial acts.

I. OVERVIEW AND POLICY CONSIDERATIONS

  1. Purpose and Scope

    • The 2004 Rules on Notarial Practice govern all notarial acts performed in the Philippines. They impose stricter requirements for the appointment of notaries public, formalize procedures for notarial acts, and provide mechanisms to ensure accountability.
    • The Supreme Court emphasized that the rules aim to curtail the proliferation of invalid, unauthorized, or erroneous notarizations, thereby protecting the public and upholding the dignity of the legal profession.

  2. Legal Basis

    • The Supreme Court exercises its constitutional power to promulgate rules concerning the admission to the practice of law and the supervision of notaries public.
    • The 2004 Rules on Notarial Practice were adopted under this authority and are enforced in conjunction with the Code of Professional Responsibility and other relevant laws.

  3. Key Policy Principles

    • Public Interest and Integrity: Notaries act as instrumentalities of the law, enabling the flow of commerce and the settlement of private affairs with authenticity and trust.
    • Professional Responsibility: Only lawyers in good standing (except in rare circumstances where non-lawyers are allowed, subject to the rules) may generally be commissioned as notaries public. The notarial act is an extension of the lawyer’s role as an officer of the court.
    • Accountability: The notary public is accountable for improper or negligent performance of notarial acts. Sanctions under these rules may be administrative, civil, or even criminal, depending on the gravity of the violation.

II. DEFINITIONS AND GENERAL PROVISIONS

  1. Notarial Act or Notarization

    • Refers to any act that a notary public is empowered to perform under the 2004 Rules on Notarial Practice. These include:
      1. Acknowledgments
      2. Oaths and affirmations
      3. Jurats
      4. Signature witnessings
      5. Copy certifications
      6. Any other act authorized by these rules

  2. Acknowledgment

    • An act in which an individual on a single occasion:
      • Appears in person before the notary public and presents a document;
      • Is personally known to the notary public or identified through competent evidence of identity; and
      • Represents to the notary that the signature on the document was voluntarily affixed for the purposes stated in the document and confirms that the notary witness or acknowledges the same.

  3. Jurats

    • That part of an affidavit or other sworn statement where:
      • The notary certifies that the person named therein personally appeared before the notary, took an oath or gave an affirmation, and signed the statement in the presence of the notary.

  4. Competent Evidence of Identity

    • This is crucial under the rules. It includes:
      • Identification documents issued by an official agency bearing the photograph and signature of the individual (e.g., passport, driver’s license, Professional Regulation Commission ID, GSIS or SSS ID, etc.);
      • The oath or affirmation of a credible witness who is personally known to the notary public and who personally knows the individual.

  5. Venue / Territorial Jurisdiction

    • The notary public may perform notarial acts within the territorial jurisdiction indicated in the notarial commission (e.g., city or province). Performing notarial acts outside one’s commission territory is prohibited.

III. QUALIFICATIONS AND REQUIREMENTS FOR APPOINTMENT AS A NOTARY PUBLIC

  1. Who May Apply

    • As a general rule, only a duly admitted and active member of the Philippine Bar in good standing may apply to be commissioned as a notary public.
    • Good standing means no suspension, disbarment, or other administrative liability that prohibits the lawyer from practicing law.

  2. Application and Commission

    • A lawyer must file a Verified Application for commission as a notary public with the Executive Judge of the Regional Trial Court (RTC) in the city or province where the applicant seeks to perform notarial acts.
    • Requirements typically include:
      1. Proof of Payment of IBP Dues and Certificate of Membership in good standing;
      2. Clearance of No Pending Administrative Case or, if pending, a disclosure thereof;
      3. Other documents as the Executive Judge may require (e.g., certificates of seminar attendance on notarial practice).

  3. Term of Office

    • A notarial commission is valid for a period of two (2) years, starting from the date of the notary’s oath and ending on the 31st of December of the second year.
    • Renewal or reappointment is not automatic; one must reapply.

  4. Mandatory Notarial Practice Seminar

    • An applicant must show proof of completion of a seminar on notarial practice approved by the Supreme Court or its designated authority.
    • This requirement ensures that the applicant is updated on the law, rules, and ethics relevant to notarization.

  5. Disqualifications

    • Applicants found to have misrepresented material facts or who have been convicted of crimes involving moral turpitude or related offenses can be denied a commission.
    • Those administratively sanctioned by the Supreme Court for dishonest practices or gross misconduct may also be precluded from becoming notaries public.

IV. POWERS AND DUTIES OF A NOTARY PUBLIC

  1. Notarial Register

    • A notary public is mandated to keep a Notarial Register (also known as a notarial book) where each notarial act is recorded in chronological order. The entries must include:

      1. The date and time of the notarial act;
      2. The type of notarial act (acknowledgment, jurat, etc.);
      3. A description of the document or proceeding;
      4. The name and address of each principal or witness;
      5. Competent evidence of identity presented;
      6. The signature or thumbmark of the person whose signature was notarized;
      7. The fee charged, if any.

    • This register must be bound, with numbered pages, to preserve the integrity of the records.

  2. Duty to Screen Signatories and Documents

    • A notary public has the obligation to ensure:
      • The document is complete, with no blanks or unfilled spaces intended for future insertion;
      • The person signing the document is competent, of sound mind, and not acting under duress or undue influence;
      • The signatory is either personally known to the notary or identified by competent evidence of identity.

  3. Prohibition Against Notarizing Certain Instruments

    • A notary cannot notarize a document if:
      • The document is incomplete, has blanks, or lacks critical information;
      • The person appears to be incapacitated or under undue influence;
      • There is a direct conflict of interest for the notary, such as notarizing a document where the notary is a party or has a financial interest.

  4. Duty to Affix Official Seal and Notarial Certificate

    • The notary must ensure that the notarial certificate (acknowledgment or jurat) is properly filled out and that the official seal is affixed.
    • A “notarial seal” or “stamp” is required to authenticate the notarial act, indicating the notary’s name, commission number, jurisdiction, and commission expiry date.

  5. Reporting and Safekeeping of Records

    • The notarial register and the notarial seal are properties of the notary public. They must be safeguarded against loss, theft, or misuse.
    • Upon the expiration or revocation of a commission, the notary must submit the register to the Office of the Clerk of Court for archiving.

V. FORM AND CONTENT OF NOTARIAL CERTIFICATES

  1. Acknowledgment Certificate

    • Must contain:
      • A declaration that the signatory personally appeared before the notary;
      • Identification of the signatory by personal knowledge or competent evidence of identity;
      • A statement that the signatory acknowledged executing the instrument voluntarily;
      • The date and location of notarization;
      • The notary’s signature and seal.

  2. Jurat

    • Must indicate that:
      • The affiant appeared before the notary public;
      • The affiant was given an oath or affirmation;
      • The affiant signed the affidavit in the presence of the notary;
      • The date and place of notarization;
      • The notary’s signature and seal.

  3. Signature Witnessing

    • A certificate that the individual:
      • Appeared before the notary public;
      • Was identified by personal knowledge or competent evidence;
      • Signed the document in the notary’s presence.

  4. Copy Certification

    • A certificate stating that the notary public has compared the original and the copy presented, and that the copy is an accurate reproduction of the original document.

VI. PROHIBITIONS AND LIMITATIONS

  1. Outside Commission Jurisdiction

    • Notarizing documents outside the territorial limits granted in the notarial commission is prohibited and renders the notarization invalid.

  2. Blank or Incomplete Documents

    • A notary public shall not notarize incomplete instruments or documents with unfilled spaces that could allow for further insertion or changes.
    • If there is any alteration, the notary must require the parties to initial the changes before notarization.

  3. Interest and Disqualification

    • The notary public must not notarize documents where he or she is a party, has a direct financial or beneficial interest, or where the notary’s spouse, parent, child, or otherwise is a party if that would create a conflict of interest.
    • The prohibition extends to documents where the notary’s signature is also required as a witness, unless permitted in very limited circumstances.

  4. Advertising

    • A notary public, if also a lawyer, must observe the ethical rules on advertising legal services. The notarial title cannot be used to attract business or mislead the public.

VII. REVOCATION, ADMINISTRATIVE SANCTIONS, AND PENALTIES

  1. Grounds for Revocation or Suspension of Commission

    • Incomplete or false statements in the application for notarial commission;
    • Dishonesty, misconduct in the performance of duties, or any violation of the 2004 Rules;
    • Conviction of a crime involving moral turpitude;
    • Violation of the Lawyer’s Oath and the Code of Professional Responsibility in relation to the notarial acts.

  2. Procedure for Revocation

    • Complaints for improper notarial acts are typically lodged before the Executive Judge, who will conduct an investigation or assign it for a formal investigation.
    • The judge may revoke or suspend the commission, or recommend disciplinary action with the Supreme Court if the respondent is found liable.

  3. Effects of Revocation

    • The notary loses the authority to perform notarial acts immediately upon the effective date of revocation or suspension.
    • The notarial register and seal must be surrendered to the court.
    • Additional penalties under the Code of Professional Responsibility (e.g., suspension or disbarment from the practice of law) may also be imposed.

  4. Other Administrative and Criminal Liabilities

    • A notary public may face administrative sanctions such as fines and suspension from notarial practice for minor violations.
    • In egregious cases, criminal charges (e.g., falsification of public documents, perjury) may be brought if the circumstances so warrant.

VIII. NOTARY FEES

  1. Reasonable Fees

    • The fees charged by a notary public must be in accordance with the guidelines set by the Supreme Court or the Integrated Bar of the Philippines (IBP). Overcharging is a ground for administrative sanction.

  2. Posting of Fees

    • The notary public is required to post in a conspicuous place (e.g., office) a schedule of the notarial fees. This ensures transparency and avoids exploitative practices.

IX. RELATION TO LEGAL ETHICS (CANON VI. ACCOUNTABILITY)

  1. Lawyer’s Oath and Canon VI

    • Canon VI of the Code of Professional Responsibility underscores the lawyer’s responsibility to society, the courts, and the legal profession.
    • Acting as a notary public is an exercise of public trust, and a lawyer’s accountability is heightened in this role.

  2. Upholding the Integrity of the Notarial Process

    • Lawyers must avoid shortcuts, sloppy recordkeeping, and “desk notarizations” (notarizing documents without actual physical presence of the signatory).
    • Violations erode public confidence in legal processes and tarnish the image of the legal profession.

  3. Disciplinary Consequences

    • Because notarial practice is intimately linked with the practice of law, misconduct as a notary can lead to disbarment or suspension from the practice of law.
    • This aligns with the fundamental ethical obligation under Canon VI for lawyers to be accountable for their conduct in all legal and quasi-legal capacities.

X. PRACTICAL REMINDERS FOR NOTARIES PUBLIC

  1. Always Verify Identity Thoroughly

    • Rely on valid government-issued IDs or the oath of credible witnesses. Avoid “convenience notarizations” to sidestep liabilities.
    • Faithfully record identification details in the notarial register.

  2. No Substitution of Appearance

    • The signatory must personally appear before the notary. Virtual appearance is typically not allowed unless specific rules or court issuances say otherwise.
    • Never allow secretaries or subordinates to take over the actual notarial act.

  3. Refuse Unlawful Requests

    • Decline to notarize documents that are incomplete, suspicious, or appear to involve fraud.
    • If in doubt, request additional documents or decline the notarization altogether.

  4. Maintain Proper Records and Submit Reports

    • Keep the notarial register secure. Regularly update entries and never leave blank spaces in the register.
    • Upon expiration of the commission, turn over the register to the Clerk of Court as required.

  5. Renew Commission Timely

    • Ensure timely reapplication if intending to continue as a notary beyond the expiration date.
    • Do not perform notarial acts even one day after the commission expires.

XI. RECENT DEVELOPMENTS AND AMENDMENTS

  1. Post-2004 Clarifications

    • The Supreme Court has issued various administrative circulars and clarifications on common issues such as notarization of special powers of attorney for overseas Filipinos, ID requirements, and remote notarization. Lawyers and notaries should remain vigilant about these updates.

  2. Discussions on Electronic Notarization

    • The pandemic situation spurred interest in remote or electronic notarization. The Supreme Court has undertaken pilot programs and rules on e-notarization in certain limited contexts, but the official, comprehensive guidelines remain primarily anchored in the 2004 Rules unless further updated.

  3. Importance of Continuing Legal Education

    • Notaries public must remain updated on the latest court issuances, jurisprudence, and advisories affecting notarization to avoid lapses. Many local IBP chapters conduct regular MCLE seminars that include modules on notarial practice.

XII. CONCLUSION

The 2004 Rules on Notarial Practice revolutionized the Philippine notarial system by imposing higher standards of competence, integrity, and accountability on those authorized to perform notarial acts. By tying notarial functions closer to the legal profession, the Supreme Court aimed to protect the public from unscrupulous or negligent practices, thereby reinforcing the public’s confidence in the authenticity of notarized documents.

For a lawyer, serving as a notary public is both an honor and a burden of responsibility. Meticulous compliance with the rules—from verifying identities, maintaining strict recordkeeping, to safeguarding the notarial register and seal—is not only a legal obligation but also an ethical imperative. Violations can lead to serious consequences, including loss of commission, administrative sanctions, and even disbarment.

Ultimately, the 2004 Rules on Notarial Practice reflect the broader ethical principle that every notarial act is a representation of the lawyer’s oath and the dignity of the legal profession. By fulfilling the obligations with scrupulous attention to detail, a notary public upholds the rule of law and furthers the cause of justice.

References / Source Materials

  • A.M. No. 02-8-13-SC (The 2004 Rules on Notarial Practice)
  • Code of Professional Responsibility
  • Relevant Supreme Court Decisions on Notarial Practice
  • Philippine Constitution, Article VIII (Judicial Department)

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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