Below is a comprehensive and meticulous discussion of the Notarial Register under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) in the Philippines, specifically Rule VI thereof. While the overall structure of the 2004 Rules on Notarial Practice contains multiple rules, our focus here is solely on the Notarial Register—its form, content, maintenance, and legal implications.

1. Overview and Legal Basis

Legal Basis. The primary legal authority for the Notarial Register in the Philippines is found in the 2004 Rules on Notarial Practice promulgated by the Supreme Court via A.M. No. 02-8-13-SC, which took effect on August 1, 2004. These rules govern the commissioning of notaries public and the performance of notarial acts, including the requirement to keep and maintain a Notarial Register.

Importance. The Notarial Register is an official record of all notarial acts performed by a notary public. It safeguards the authenticity of notarial acts, ensures accountability, and provides an evidentiary reference in case of questions regarding the due execution of documents.

2. Form and Content of the Notarial Register

2.1. Form of the Register

Bound Book
- Under the 2004 Rules on Notarial Practice, the Notarial Register must be a bound book (or any appropriate device authorized by the Supreme Court) with consecutive page numbers. This requirement ensures the register is secure from tampering or unauthorized alteration.
Single Active Register
- A commissioned notary public is required to maintain only one active notarial register at any given time. Once the pages of the active register are completely used, the notary may start a new register.
Non-erasable Entries
- All entries must be made in non-erasable ink or by a secure printing method if the register is kept electronically under specific guidelines. The aim is to preserve the integrity of the register and avoid potential alterations.

2.2. Mandatory Entries

When performing a notarial act, a notary public must record the following details in the Notarial Register at the time of notarization (or immediately thereafter, without delay):

Entry Number
- Each notarial act must be recorded in sequential order, with each entry bearing a unique and consecutive number.
Date and Time of Notarization
- Indicate the exact date and time the notarial act was performed.
Type of Notarial Act
- Specify whether the act is:
  - Acknowledgment
  - Jurat
  - Oath or Affirmation
  - Certified True Copy
  - Signature Witnessing
  - Any other act authorized under the Rules
Title or Description of the Instrument or Document
- Provide a concise but clear title or description of the document being notarized. Example: “Deed of Absolute Sale,” “Affidavit of Loss,” etc.
Name and Address of Each Principal (Signatory)
- List the full names and corresponding addresses of the parties appearing before the notary.
Competent Evidence of Identity
- Under the 2004 Rules, the notary must indicate what form of competent evidence of identity was presented (government-issued ID, passport, driver’s license, etc.), including the ID number, date of issuance, and issuing agency.
- If identity was established through the personal knowledge of the notary public (a possibility under certain conditions), that fact must also be recorded.
Signature and Thumbprint of the Principal
- The principal (or principals) must sign on the notarial register and affix their thumbprint. This is crucial for verification purposes and prevents identity fraud.
Any Special Remarks
- The notary may note any special circumstances (e.g., if a translator was used; if the signatory is physically unable to sign and uses a mark instead; or if the document was executed through a special power of attorney).
Name and Address of Witnesses (if required)
- In cases where witnesses are required for the execution of certain documents (e.g., last will and testament, or other instruments requiring witnesses), their names and addresses should also appear.

3. Special Rules or Considerations

3.1. Entries for Corporations or Entities

When the person appearing before the notary is acting on behalf of a corporation, partnership, or juridical entity, Section 4 of Rule VI generally requires:

The identity of the representative, established by the notary in the manner prescribed by law (competent evidence of identity).
The position or title of the representative, showing the authority to sign on behalf of the entity.
A reference to the Board Resolution or Secretary’s Certificate (if presented as proof of authority) may be included in the remarks.

3.2. Notarial Register for Special Records

Section 5 provides that certain records (e.g., protests in mercantile law) may have additional or different details required. The notary must keep a separate entry for each official protest, including the description of the instrument protested and the reasons therefor.

4. Retention, Custody, and Disposal of the Notarial Register

4.1. Period of Retention

Under Section 6 of Rule VI, notaries public must safely keep their Notarial Register for a minimum of five (5) years after the last entry is made. This retention period serves as a safeguard for the public and courts that might need to verify notarial acts that occurred in the past.

4.2. Responsibility and Custody

Personal Custody: The notary public is personally responsible for the custody of the register and all documents or copies relating to notarized acts.
No Authorized Destruction: Destruction, concealment, or defacement of the Notarial Register is strictly prohibited.

4.3. Inspection, Copying, and Disposal

Inspection
- Section 7 of Rule VI states that the notarial register may be inspected by a competent authority or by any interested person seeking a certified copy of a notarial record (upon payment of the fees and showing of good cause).
- This is typically done upon request and with the notary public or an authorized clerk present.
Copies of Entries
- Upon a lawful request, the notary must issue certified true copies of any entries or documents in the Notarial Register.
Surrender or Transfer
- If a notary public ceases to perform notarial functions (due to resignation, death, expiration of commission, or revocation), the notary or their estate (in case of death) shall turn over the Notarial Register and records to the Office of the Clerk of Court or as directed by the rules within the timeframe specified (generally 30 days from cessation of notarial functions).

4.4. Reporting a Lost or Damaged Register

Section 8 of Rule VI requires immediate reporting to the Executive Judge or the appropriate official if the Notarial Register is lost, stolen, destroyed, damaged, or otherwise rendered unusable.
The report must detail the circumstances of the loss or damage and, if possible, be accompanied by evidence (e.g., police report, affidavit).

5. Liabilities and Sanctions

5.1. Administrative and Disciplinary Action

Failure to keep, maintain, or properly record entries in the Notarial Register can lead to:

Administrative Penalties
- The Supreme Court, through its disciplinary authority, may suspend or revoke the commission of a notary public for failure to comply with the rules on maintaining the Notarial Register.
- Additional penalties include fines and possible disqualification from reappointment.
Criminal and Civil Liabilities
- Falsification of a public document: The Notarial Register is considered a public document. Any false statements or fraudulent entries can expose the notary to criminal prosecution under the Revised Penal Code.
- Civil Liability: The notary may also be held liable in civil damages to any person who suffers harm by reason of irregularities or falsifications in the notarial act.

5.2. Relevance to Legal Ethics

The notary public’s role is crucial in upholding the integrity of legal documents. The Notarial Register is a reflection of the notary’s compliance with Canon VI of the Code of Professional Responsibility and the ethical duty to maintain accurate records, remain accountable, and avoid any appearance of impropriety.

6. Best Practices for Notaries Public

Immediate Recording
- Always record the relevant details immediately after performing a notarial act. Delays can lead to omissions or inaccuracies.
Proper Verification of Identities
- Ensure that every principal has provided the correct competent evidence of identity and record such details meticulously.
Preservation and Security
- Keep the Notarial Register in a secure location (locked office file cabinet or vault).
- Regularly scan or backup (if the rules in the jurisdiction allow electronic duplication) to prevent data loss.
Timely Submission of Copies
- Some jurisdictions or local offices of the Clerk of Court require periodic submissions (e.g., monthly or quarterly). Comply promptly to avoid penalties.
Strict Compliance with Thumbprinting
- The principal’s thumbprint is mandatory for acknowledgments and jurats. Have a reliable and clean thumbprinting mechanism (ink pad) on hand.
Avoid Loose Pages
- As the Notarial Register must be a bound book, refrain from using stapled or loose-leaf pages unless authorized by the Supreme Court’s implementing guidelines for electronic registers.

7. Practical Implications and Conclusion

The Notarial Register is the cornerstone of a notary public’s accountability. Its thorough and accurate maintenance provides:
- Proof of due execution of documents.
- Public trust in the authenticity and legality of notarized acts.
- Legal protection for both notaries and the parties who rely on the finality of notarized documents.
Compliance with these rules demonstrates not only adherence to technical requirements but also fidelity to the high ethical and professional standards expected of lawyers and notaries in the Philippines. Any deviation undermines the evidentiary and public-service role of notarization.

By diligently observing the rules governing the Notarial Register, notaries public affirm the integrity of the notarial act as an indispensable part of the Philippine legal system and uphold their duties under Canon VI (Accountability) of the Code of Professional Responsibility.