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

Below is a focused yet comprehensive discussion of the term of office of a notary public in the Philippines under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended. While the central topic is the “Term of Office,” it is best understood in context with the pertinent rules and processes surrounding the notarial commission.

1. Legal Framework

  1. Primary Source: The 2004 Rules on Notarial Practice, promulgated by the Supreme Court through A.M. No. 02-8-13-SC, which took effect on August 1, 2004.

  2. Subsequent Amendments: There have been amendments and clarifications to the original text—most notably in 2008—affecting certain provisions, including the term of office of a notary public.

2. Authority to Appoint a Notary Public

  • Executive Judge’s Power
    Under the 2004 Rules on Notarial Practice, the authority to issue a notarial commission is vested in the Executive Judge of the Regional Trial Court (RTC) of the city or province where the applicant (a lawyer in good standing) seeks to perform notarial acts.

  • Territorial Jurisdiction
    A notarial commission issued by the Executive Judge authorizes the lawyer to perform notarial acts only within the territorial jurisdiction of that RTC (i.e., the city, municipality, or province covered by that court).

3. General Qualifications of a Notary Public

Although not the direct focus, these qualifications explain why the term of office is regulated:

  1. Must be a Member of the Philippine Bar in good standing.
  2. Must have passed the Mandatory Continuing Legal Education (MCLE) requirements, unless exempt.
  3. Must not have been convicted of any crime involving moral turpitude.
  4. Must maintain a regular place of work or business within the area of commission.

4. Term of Office: Original Text vs. Amended Rule

4.1. Original Provision (2004)

When the 2004 Rules on Notarial Practice first took effect, Section 11 (“Term of Office of Notary Public”) provided that:

“Unless earlier revoked or the notary public resigns, a notarial commission shall be in force until the 31st day of December of the year in which the commission was issued. However, a notarial commission may be renewed for another term of two (2) years upon the same requisites and upon compliance with the same procedure herein provided.”

In practice, this meant:

  • The default term was essentially up to one (1) year (often less than 12 months if the commission was issued any time after January).
  • Renewal could be done for a succeeding two-year period, subject to reapplication and compliance with requirements.

Because the wording created some confusion—particularly regarding one-year vs. two-year terms and how/when they should commence—amendatory rules were later promulgated.

4.2. Amended/Clarified Provision (Post-2008)

Subsequent amendments and clarifications introduced a two-year term more explicitly. The Supreme Court’s amended text often appears as follows:

“A notarial commission shall be effective for a period of two (2) years commencing on the first day of January of the year in which it was issued and ending on the 31st day of December of the next year, unless sooner revoked or the notary public resigns.”

There is also an added requirement for the second year of commission, such as:

  • Presenting updated clearances (e.g., Supreme Court, IBP, NBI, local police).
  • Demonstrating that the lawyer remains a member of the Bar in good standing.
  • Paying the notarial fees for the second year.
  • Obtaining a new notarial seal (in some versions of the amendments).

Hence, under the current (amended) rules, the general rule is a two-year term starting January 1 and ending December 31 of the following year. However, always confirm the latest circulars issued by the Supreme Court or your local Executive Judge’s Office to ensure compliance with any updated or localized guidelines.

5. Commencement and Expiration

  1. Starting Date

    • Generally begins on January 1 of the year of issuance (or from the date of approval of the application, subject to your local Executive Judge’s instructions, but effectively recognized from January 1 for counting the two-year term).

  2. Ending Date

    • Ends on December 31 of the second year.

  3. Earlier Termination

    • Even before December 31 of the second year, the notarial commission may be revoked or suspended for cause. A notary public may also resign from the commission voluntarily, subject to the requirements of the Rules (notice to the Executive Judge and surrender of notarial books and seal).

6. Renewal of Commission

6.1. Requirements for Renewal

To continue performing notarial acts after the expiration of the current commission, a lawyer must apply for renewal. The application for renewal essentially mirrors the original application, requiring:

  • Updated Clearances

    • National Bureau of Investigation (NBI)
    • Local Police Clearance
    • Integrated Bar of the Philippines (IBP) Clearance
    • Supreme Court (or Office of the Bar Confidant) Certification that the lawyer is in good standing

  • Compliance with MCLE

    • If the lawyer is required by law to comply, the updated MCLE Compliance Certificate must be submitted.

  • Proof of Payment of Notarial Fees

    • The local court may have specific docket fees or notarial commission fees.

6.2. When to File for Renewal

  • Lawyers are generally advised to file for renewal before their current commission expires to ensure continuity. The specific deadline is usually set by the Office of the Executive Judge; some require filing at least one month before the current commission lapses.

7. Effects of Expiration Without Renewal

If a notary public fails to renew before the term expires (or is denied renewal):

  1. Automatic Loss of Authority
    • The lawyer can no longer notarize documents after December 31 of the second year (or the last valid date of commission).
  2. Obligation to Surrender Notarial Records
    • The notarial seal, notarial register (or “notarial logbook”), and other notarial paraphernalia must be properly turned over to the Executive Judge as required by the Rules.
  3. Potential Sanctions
    • Performing notarizations without a valid commission constitutes unauthorized practice that may lead to disciplinary sanctions (e.g., suspension or disbarment).

8. Grounds for Revocation or Suspension Within the Term

Even during the two-year term, a notary public may lose his commission if:

  1. Misconduct in Office
    • E.g., false statements in the notarial register, notarizing without personal appearance of signatories, or violation of the 2004 Rules on Notarial Practice.
  2. Disbarment or Suspension from the Practice of Law
    • Automatic revocation of the notarial commission follows if the lawyer’s status changes to “not in good standing.”
  3. Conviction of a Crime Involving Moral Turpitude
  4. Other Causes
    • Any valid cause determined by the Executive Judge or the Supreme Court.

9. Territorial Limitation During the Term

  • While the notarial commission is valid for the two-year period, the notary public may only perform notarial acts within the territorial jurisdiction of the RTC that issued the commission. Notarizing documents outside that area may constitute unauthorized notarial practice and is a ground for discipline or revocation.

10. Practical Points and Best Practices

  1. Calendaring Expiration
    • Notaries should note the exact expiration of their two-year term (December 31 of the second year).
  2. Timely Renewal Filing
    • To avoid a lapse, file the renewal application well before expiration.
  3. Record-Keeping
    • Maintain notarial registers in strict compliance with the Rules (including completing the required details, preserving copies of IDs, ensuring personal appearance).
  4. Security of Seal and Register
    • The seal and register must remain under the notary’s exclusive custody and be surrendered to the Executive Judge upon expiration or revocation of the commission.
  5. Continued Compliance with MCLE
    • Keep current with MCLE to maintain good standing with the IBP and the Supreme Court.
  6. Ethical Obligations
    • Misuse or improper performance of notarial acts can result in administrative, civil, or even criminal liability. The 2004 Rules on Notarial Practice underscore that notarial work is a public office imbued with public trust, requiring strict adherence to ethical and legal standards.

11. Conclusion

Under the amended 2004 Rules on Notarial Practice, the notarial commission in the Philippines is generally valid for two (2) years, starting January 1 of the year it is issued and ending on December 31 of the following year—unless it is sooner revoked or the notary resigns. During that period, the notary public must remain a lawyer in good standing, keep up with clearance requirements, comply with MCLE rules, and perform all notarial acts strictly within the territorial jurisdiction of the commissioning court.

Failure to adhere to the rules on the term of office, renewal requirements, or the ethical obligations under the Notarial Practice Rules can lead to revocation of the commission and disciplinary sanctions. Thus, any lawyer aspiring to or holding a notarial commission must be vigilant about the duration of their authority, timely renewal procedures, and the attendant responsibilities that the notarial commission entails.

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

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