October 22, 2017 

SECTION 1. Title.— This Rule shall be known as the "Community Legal Aid Service Rule."

SECTION 2. Rationale. — The legal profession is imbued with public interest. As such, lawyers are charged with the duty to give meaning to the guarantee of access to adequate legal assistance under Article III, Section 11 of the 1987 Constitution by making their legal services available to the public in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession. As a way to discharge this constitutional duty, lawyers are obliged to render pro bono services to those who otherwise would be denied access to adequate legal services.

SECTION 3. Scope.— This Rule shall govern the mandatory requirement for covered lawyers to render pro bono legal aid services to qualified litigants, as defined herein.

SECTION 4. Definition of Terms.— For purposes of this Rule, the following terms shall be understood to be how they are defined under this Section:

(a) "Covered lawyers" shall refer to those who have successfully passed the Annual Bar Examinations and have signed the Roll of Attorneys for that particular year; for purposes of this Rule, it shall include those who will pass the 2017 Bar Examination and are admitted to the Bar in 2018.

(b) "Pro Bono Legal Aid Service" shall refer to supervised post-admission legal services in civil, criminal and administrative cases consisting of:

1. Legal services provided without charge for the following qualified parties or litigants:

i. Indigent Party or Pauper Litigants, as defined;

ii. Other persons of limited means, as defined;

iii. Individuals, groups, or organizations rendered unable to secure free legal assistance by reason of conflict of interest on the part of government-provided legal assistance through the Public Attorney's Office; and

iv. Public interest cases that have societal impact and involves a group or sector of society that otherwise would not be capable of securing legal assistance by reason of inability of other lawyers, law firms, or government offices, including the Public Attorney's Office.

2. The following shall be considered legal services for purposes of this Rule:

i. Representation of qualified litigants, as defined, in the trial courts in civil and criminal cases and quasi-judicial bodies in administrative cases, including proceedings for mediation, voluntary or compulsory arbitration, and alternative dispute resolution;

ii. Legal counseling, rendering assistance in contract negotiations and drafting of related legal documents, including memoranda of law and other similar documents that are provided to the client. Drafting may include policy work involving legal research and advocacy;

iii. Developmental Legal Assistance, consisting of rights awareness, capacity-building, and training in basic human rights, documentation, and affidavit-making, rendered in public interest cases, including legal assistance rendered by identified Public Interest Law Groups;

iv. Legal services provided as part of employment in the judiciary, executive, or legislative branches of government shall be considered sufficient compliance with this Rule, provided that the covered lawyer must already be in government service at least six months before admission into the Bar; provided further, that the legal services provided are substantive, as certified by the Heads of Office; and

v. Legal services provided to marginalized sectors and identities, such as but not limited to: (a) urban poor; (b) workers/laborers; (c) overseas foreign workers; (d) children in conflict with the law; and (e) persons involved in gender issues.

(c) "Indigent Party" shall refer to a party in a case covered by Rule 3, Section 21 of the Rules of Court. The test for indigency shall not be based on a set financial amount but rather on the capacity to afford the services of counsel after considering his or her basic necessities for himself or herself and his or her family.

(d) "Indigent Litigants" shall refer to a party in a case covered under Rule 141, Section 19 of the Rules of Court.

(e) "Other Persons of Limited Means" shall refer to those who may not be covered by Sections (c) and (d) but would, under the circumstances, not be financially able to afford the services of counsel. This includes marginalized groups and entities such as farmers, indigenous peoples, children in conflict with the law, victims of gender violence, and other similar causes.

(f) "Law School Legal Aid Office" is an office or center under a law school's clinical legal education program duly organized and accredited under Rule 138-A (The Law Student Practice Rule) to render legal assistance and services to indigent and pauper clients.

(g) "Public Interest Law Group" is any group, association, institution, office, or center duly organized and with a specific and clear mandate to assist specific marginalized sectors of society in their legal needs. For purposes of this Rule, such a group must have been organized and in active service of its mandate for at least five (5) years prior to the effectivity of this Rule.

(h) "Accredited Legal Aid Service Providers" are legal aid offices duly accredited with the Office of the Bar Confidant (OBC) where covered lawyers may render pro bono legal aid service. These offices shall include:

i. Law organizations regularly rendering legal aid services, such as the Philippine Bar Association, and other similar organizations;

ii. Developmental Legal Assistance Groups and Alternative Law Groups rendering developmental legal assistance as defined herein and alternative law groups;

iii. Public Interest Law Groups, as defined herein;

iv. Law School Legal Aid Offices, as defined herein; and

v. Law firms which handle cases for persons of limited means, as defined herein, or marginalized groups and entities. This shall include law firms with established legal aid departments or which regularly render pro bono legal aid service or act as counsel de officio.

(i) "Integrated Bar of the Philippines" (IBP) is the official national organization of lawyers in the country.

(j) "National Committee on Legal Aid" (NCLA) is the national committee of the IBP which is specifically tasked with handling legal aid cases.

(k) "IBP Chapters" are those located in the different geographical areas of the country as defined in Rule 139-A of the Rules of Court.

(l) "IBP Chapter Legal Aid Committee" is the committee of the IBP Chapter which will supervise the covered lawyers in the rendition of free legal services.

(m) "Law Firm" refers to a private law firm or office with a pro bono program intended to provide free legal aid services and assistance to indigent and pauper clients.

(n) "Office of the Bar Confidant" (OBC) is the office of the Supreme Court that has custody of the Bar records and personal records of lawyers. It assists the Supreme Court in disciplining the Bar by investigating complaints against lawyers and Bar candidates. For purposes of this Rule, it shall be the Office that accredits legal aid providers, as defined herein, and certifies compliance or non-compliance by covered lawyers.

SECTION 5. Requirements.—

(a) Number of Hours — Covered lawyers, as defined under Section 4 (a),are required to render one hundred twenty (120) hours of pro bono legal aid services to qualified parties enumerated in Section 4 (b),within the first year of the covered lawyers' admission to the Bar, counted from the time they signed the Roll of Attorneys. For this purpose, covered lawyers shall report to the chairperson of the IBP Chapter Legal Aid Committee of their choice or the chairperson, director, or supervising partner or lawyer from the Accredited Legal Aid Service Provider of their choice for their compliance with this Rule.

(b) Free Legal Aid Services on Weekends — Upon written request duly approved by the chairperson of the IBP Chapter Legal Aid Committee or the chairperson, director, or supervising partner or lawyer from the Accredited Legal Aid Service Provider, covered lawyers may comply with the requirements of this Rule on weekends. Said lawyers are entitled to an extension of the compliance period, upon submission of the weekend schedules by the IBP committee chairperson or the appropriate officer of the Accredited Legal Aid Service Provider.

(c) Exemptions — The following shall be exempted from the requirements of this Rule upon sufficient proof of their respective circumstances submitted with the OBC:

i. Covered lawyers in the executive and legislative branches of government, provided that the covered lawyer must already be in government service at least six (6) months before admission into the Bar; however, those employed upon admission into the Bar with the judiciary, the Public Attorney's Office, the National Prosecution Service, the Office of the Solicitor General, the Office of the Government Corporate Counsel, and the Office of the Ombudsman shall be automatically exempt from compliance with this Rule;

ii. Those who have already undergone and completed the clinical legal education program duly organized and accredited under Rule 138-A (The Law Student Practice Rule);

iii. Covered lawyers who have worked for at least one (1) year in law firms offering pro bono legal services or regularly accepting counsel de officio appointments;

iv. Covered lawyers who have previously worked for more than one (1) year as staff of a Law School Legal Aid Office, as defined, a Public Interest Law Group, or an alternative or developmental law group; and

v. Covered lawyers who have worked with lawyers for Public Interest Law Groups or alternative or developmental law groups for more than one (1) year and have filed public interest cases.

Within thirty (30) days from the date of signing the Roll of Attorneys, any aforelisted lawyer shall submit his/her sworn statement and that of the chairperson, director or supervising partner or lawyer of the Accredited Legal Aid Service Provider showing his/her entitlement to the exemption from the rule. Otherwise, the new lawyer shall not be considered exempt from the Rule.

(d) Supervision of Covered Lawyers — Representation in civil and criminal cases before courts and in administrative cases before quasi-judicial agencies and the rendition of other pro bono legal aid services shall be under the direct supervision and control of the chairperson of the IBP Chapter Legal Aid Committee, or the chairperson, director, or supervising partner or lawyer from the Accredited Legal Aid Service Provider where the covered lawyers are registered or affiliated.

(e) Signing of Pleadings — Any and all pleadings, motions, briefs, memoranda, or other papers to be filed in court or any quasi-judicial agency must be signed by the covered lawyers and co-signed by the chairperson of the IBP Chapter Legal Aid Committee, or the chairperson, director, or supervising partner or lawyer from the Accredited Legal Aid Service Provider.

The pleadings may be signed solely by the covered lawyers only in the event the chairperson of the IBP Chapter Legal Aid Committee or the chairperson, director, or supervising partner or lawyer from the Accredited Legal Aid Service Provider is unavailable but such signature page shall indicate who the supervising lawyers are.

(f) Time Log and Timesheets — The IBP Chapter Legal Aid Committee or the Accredited Legal Aid Service Provider shall keep a record of the time/hours spent by new lawyers in rendering free legal aid services to qualified parties or litigants. For this purpose, the said committee or legal aid service provider shall designate a person responsible to keep timesheets containing the number of hour(s) spent every week by each new lawyer in rendering free legal aid services for each assigned case and/or client. Time spent in the office or at the place designated by the IBP Chapter Legal Aid Committee or Accredited Legal Aid Service Provider, regardless of whether there are clients attended to or not, shall also be recorded and included in the computation of the hours required by this Rule. The actual hours spent by the new lawyers in court or before any quasi-judicial agency with the client shall likewise be recorded and counted.

The timesheets shall be authenticated by the chairperson of the IBP Chapter Legal Aid Committee or the chairperson, director, or supervising partner or lawyer in charge of the Accredited Legal Aid Service Provider.

(g) Certificate of Compliance — Covered lawyers shall, upon completion of the required one hundred twenty (120) hours of free legal aid services, submit a notarized Certificate of Compliance to the OBC issued and signed by the chairperson of the IBP Chapter Legal Aid Committee or the chairperson, director, or supervising partner or lawyer from the Accredited Legal Aid Service Provider where they are registered.

SECTION 6. Period for Compliance.— Covered lawyers shall complete the community legal aid service within twelve (12) months from the date they sign the Roll of Attorneys. Within one (1) month after the lapse of the said period, covered lawyers shall submit the Certificate of Compliance issued by the Accredited Legal Aid Service Provider to the OBC.

The twelve (12) month period may be extended upon a petition duly submitted and granted by the Bar Confidant, who will furnish the Office of the Chief Justice with a copy of the order resolving the petition. The petition for extension must be filed before the lapse of the period for compliance. In the event a new lawyer has completed the required number of hours before the end of the one (1) year period, he/she can already submit the Certificate of Compliance to the OBC.

In order to address possible economic hardships that may be caused by strict compliance with this Rule, or for any justifiable reason, qualified lawyers may request compliance with this Rule for two (2) years. Covered lawyers who wish to avail of this privilege must file an application with the OBC, which shall determine the validity of the deferment on a case-to-case basis.

SECTION 7. Continuous Handling or Turnover of Cases.— Representation, once entered, by covered lawyers in cases before the courts or quasi-judicial agencies, shall continue until terminated; provided, that after the twelve-month period, the requirement of supervision shall no longer be mandatory.

Should the covered lawyer, upon compliance with the Rule and lapse of the twelve-month period, be unable to continue representation of the party by reason of professional conflict of interest arising from his or her employment, he/she may turn over the handling of the cases to the IBP Chapter Legal Aid Committee or the Accredited Legal Aid Service Provider indicating clearly the reason for the turnover. The turned-over cases may then be reassigned to another covered lawyer.

SECTION 8. Prohibition against Solicitation or Acceptance of Gifts.— Covered lawyers shall not solicit, request, or accept, directly or indirectly, any fee, gift, token of gratitude, or anything of monetary value in the course of rendering the legal aid services under this Rule. Any and all legal services provided under this Rule shall be on a pro bono basis.

SECTION 9. Protection of Private Practice or Employment.— This rule is not intended to impair the private practice or employment of covered lawyers. Barring any conflict of interest or any other violation of the Code of Professional Responsibility, covered lawyers can engage in private practice and accept paid clients or be employed in the government or in the private sector within the twelve-month period for compliance.

SECTION 10. Full Credit for Mandatory Continuing Legal Education (MCLE).— A covered lawyer who successfully complies with the requirements of this Rule shall be given a full credit of thirty-six (36) MCLE units for the three year-period covered by a compliance period under the Rules on MCLE.

The grant of full credit shall be without prejudice to any other legislated benefits that the covered lawyer may be entitled to, such as tax exemptions and other similar benefits.

SECTION 11. Duties of the OBC. — The OBC shall perform the following duties and responsibilities:

(a) Verify the contents of the notarized Certificate of Compliance submitted by new lawyers with the issuing IBP Chapter Legal Aid Committee or the Accredited Legal Aid Service Provider;

(b) Keep a record of all the Certificates of Compliance and submit it to the Court en banc at the end of each quarter;

(c) Accredit Clinical Legal Aid Offices of Law Schools, Public Interest Groups, Developmental Legal Aid Groups, Alternative Legal Aid Groups, or Law Firms which intend to participate in this legal aid program. The IBP Chapter Legal Aid Committees, the Free Legal Assistance Group (FLAG),and previously accredited Clinical Legal Aid Offices shall be automatically accredited by the OBC;

(d) Monitor the compliance of covered lawyers and the Accredited Legal Aid Service Providers with the requirements of this Rule;

(e) File administrative charges against non-compliant covered lawyers and any group/person who may be involved in any violation of this Rule; and

(f) Provide the standard forms for the timelog, timesheets, and notarized Certificate of Compliance.

SECTION 12. Duties of IBP Chapter Legal Aid Committee or the Accredited Legal Aid Service Provider. —

The IBP Chapter Legal Aid Committee or the Accredited Legal Aid Service Provider shall submit to the OBC an Annual Report containing a summary of the certificates issued to covered lawyers, on or before June 30 of every year. The Report shall contain a list of the covered lawyers, the number of hours spent rendering free legal aid services, the legal aid cases involved, and the qualified parties or litigants for whom the services were rendered.

SECTION 13. Expenses.—

Expenses incurred by the IBP Chapter in connection with the services rendered by the new lawyers may be sourced from the IBP subsidy provided by the Court. Expenses by the Accredited Legal Aid Service Provider shall be shouldered by the respective law organization, public interest group, developmental law group, alternative law group, law school, or law firm. The Accredited Legal Aid Service Provider may, however, request the court for financial assistance.

SECTION 14. Penalties.—

(a) A covered lawyer who fails to comply with the requirements of this Rule shall be required to show cause in writing within ten (10) days from receipt of notice why no disciplinary action should be taken against him/her. Should the OBC find the new lawyer's explanation insufficient to justify the non-compliance, it shall recommend to the Supreme Court that the lawyer be delisted as a "member in good standing" of the Bar. It may also recommend any appropriate disciplinary measures depending on the reasons for and the gravity of the non-compliance.

(b) Without prejudice to criminal liability, a covered lawyer who falsifies the Certificate of Compliance required to be submitted under this Rule shall be administratively charged by the OBC with disciplinary action up to and including disbarment before the Supreme Court.

SECTION 15. Effectivity.— This Rule shall take effect after publication in two (2) newspapers of general circulation. It shall also be uploaded to the Supreme Court website through its Public Information Office.

February 10, 2009

SECTION 1. Title. - This Rule shall be known as "The Rule on Mandatory Legal Aid Service."

SECTION 2. Purpose. - This Rule seeks to enhance the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the less privileged members of society and expedite the resolution of cases involving them. Mandatory free legal service by members of the bar and their active support thereof will aid the efficient and effective administration of justice especially in cases involving indigent and pauper litigants.

SECTION 3. Scope. - This Rule shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty of other members of the legal profession to support the legal aid program of the Integrated Bar of the Philippines.

SECTION 4. Definition of Terms. - For purposes of this Rule:

(a) Practicing lawyers are members of the Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicial agencies, including but not limited to the National Labor Relations Commission, National Conciliation and Mediation Board, Department of Labor and Employment Regional Offices, Department of Agrarian Reform Adjudication Board and National Commission for Indigenous Peoples. The term "practicing lawyers" shall exclude:

(i) Government employees and incumbent elective officials not allowed by law to practice;

(ii) Lawyers who by law are not allowed to appear in court;

(iii) Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples’ organizations (POs) like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants and

(iv) Lawyers not covered under subparagraphs (i) to (iii) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies.

(b) Indigent and pauper litigants are those defined under Rule 141, Section 19 of the Rules of Court and Algura v. The Local Government Unit of the City of Naga (G.R. No.150135, 30 October 2006, 506 SCRA 81);

(c) Legal aid cases are those actions, disputes, and controversies that are criminal, civil and administrative in nature in whatever stage wherein indigent and pauper litigants need legal representation;

(d) Free legal aid services refer to appearance in court or quasi-judicial body for and in behalf of an indigent or pauper litigant and the preparation of pleadings or motions. It shall also cover assistance by a practicing lawyer to indigent or poor litigants in court-annexed mediation and in other modes of alternative dispute resolution (ADR). Services rendered when a practicing lawyer is appointed counsel de oficio shall also be considered as free legal aid services and credited as compliance under this Rule;

(e) Integrated Bar of the Philippines (IBP) is the official national organization of lawyers in the country;

(f) National Committee on Legal Aid (NCLA) is the committee of the IBP which is specifically tasked with handling legal aid cases;

(g) Committee on Bar Discipline (CBD) is the committee of the IBP which is specifically tasked with disciplining members of the Bar;

(h) IBP Chapters are those chapters of the Integrated Bar of the Philippines located in the different geographical areas of the country as defined in Rule 139-A and

(i) Clerk of Court is the Clerk of Court of the court where the practicing lawyer rendered free legal aid services. In the case of quasi-judicial bodies, it refers to an officer holding an equivalent or similar position.

The term shall also include an officer holding a similar position in agencies exercising quasi-judicial functions, or a responsible officer of an accredited PO or NGO, or an accredited mediator who conducted the court-annexed mediation proceeding.

SECTION 5. Requirements. -

(a) Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each month. However, where it is necessary for the practicing lawyer to render legal aid service for more than five (5) hours in one month, the excess hours may be credited to the said lawyer for the succeeding periods.

For this purpose, a practicing lawyer shall coordinate with the Clerk of Court for cases where he may render free legal aid service. He may also coordinate with the IBP Legal Aid Chairperson of the IBP Chapter to inquire about cases where he may render free legal aid service. In this connection, the IBP Legal Aid Chairperson of the IBP Chapter shall regularly and actively coordinate with the Clerk of Court.

The practicing lawyer shall report compliance with the requirement within ten (10) days of the last month of each quarter of the year.

(b) A practicing lawyer shall be required to secure and obtain a certificate from the Clerk of Court attesting to the number of hours spent rendering free legal aid services in a case.

The certificate shall contain the following information:

(i) The case or cases where the legal aid service was rendered, the party or parties in the said case(s) for whom the service was rendered, the docket number of the said case(s) and the date(s) the service was rendered.

(ii) The number of hours actually spent attending a hearing or conducting trial on a particular case in the court or quasi-judicial body.

(iii) The number of hours actually spent attending mediation, conciliation or any other mode of ADR on a particular case.

(iv) A motion (except a motion for extension of time to file a pleading or for postponement of hearing or conference) or pleading filed on a particular case shall be considered as one (1) hour of service.

The Clerk of Court shall issue the certificate in triplicate, one (1) copy to be retained by the practicing lawyer, one (1) copy to be retained by the Clerk of Court and one (1) copy to be attached to the lawyer's compliance report.

(c) Said compliance report shall be submitted to the Legal Aid Chairperson of the IBP Chapter within the court’s jurisdiction. The Legal Aid Chairperson shall then be tasked with immediately verifying the contents of the certificate with the issuing Clerk of Court by comparing the copy of the certificate attached to the compliance report with the copy retained by the Clerk of Court.

(d) The IBP Chapter shall, after verification, issue a compliance certificate to the concerned lawyer. The IBP Chapter shall also submit the compliance reports to the IBP’s NCLA for recording and documentation. The submission shall be made within forty-five (45) days after the mandatory submission of compliance reports by the practicing lawyers.

(e) Practicing lawyers shall indicate in all pleadings filed before the courts or quasi-judicial bodies the number and date of issue of their certificate of compliance for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records.

(f) Before the end of a particular year, lawyers covered by the category under Section 4(a)(i) and (ii), shall fill up a form prepared by the NCLA which states that, during that year, they are employed with the government or incumbent elective officials not allowed by law to practice or lawyers who by law are not allowed to appear in court.

The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Two Thousand Pesos (P2,000). Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program.

(g) Before the end of a particular year, lawyers covered by the category under Section 4(a)(iii) shall secure a certification from the director of the legal clinic or of the concerned NGO or PO to the effect that, during that year, they have served as supervising lawyers in a legal clinic or actively participated in the NGO’s or PO’s free legal aid activities. The certification shall be submitted to the IBP Chapter or IBP National Office.

(h) Before the end of a particular year, lawyers covered by the category under Section 4(a)(iv) shall fill up a form prepared by the NCLA which states that, during that year, they are neither practicing lawyers nor covered by Section (4)(a)(i) to (iii). The form shall be sworn to and submitted to the IBP Chapter or IBP National Office together with the payment of an annual contribution of Four Thousand Pesos (P4,000) by way of support for the efforts of practicing lawyers who render mandatory free legal aid services. Said contribution shall accrue to a special fund of the IBP for the support of its legal aid program.

(i) Failure to pay the annual contribution shall subject the lawyer to a penalty of Two Thousand Pesos (P2,000) for that year which amount shall also accrue to the special fund for the legal aid program of the IBP.

SECTION 6. NCLA. -

(a) The NCLA shall coordinate with the various legal aid committees of the IBP local chapters for the proper handling and accounting of legal aid cases which practicing lawyers can represent.

(b) The NCLA shall monitor the activities of the Chapter of the Legal Aid Office with respect to the coordination with Clerks of Court on legal aid cases and the collation of certificates submitted by practicing lawyers.

(c) The NCLA shall act as the national repository of records in compliance with this Rule.

(d) The NCLA shall prepare the following forms: certificate to be issued by the Clerk of Court and forms mentioned in Section 5(e) and (g).

(e) The NCLA shall hold in trust, manage and utilize the contributions and penalties that will be paid by lawyers pursuant to this Rule to effectively carry out the provisions of this Rule. For this purpose, it shall annually submit an accounting to the IBP Board of Governors.

The accounting shall be included by the IBP in its report to the Supreme Court in connection with its request for the release of the subsidy for its legal aid program.

SECTION 7. Penalties. -

(a) At the end of every calendar year, any practicing lawyer who fails to meet the minimum prescribed 60 hours of legal aid service each year shall be required by the IBP, through the NCLA, to explain why he was unable to render the minimum prescribed number of hours. If no explanation has been given or if the NCLA finds the explanation unsatisfactory, the NCLA shall make a report and recommendation to the IBP Board of Governors that the erring lawyer be declared a member of the IBP who is not in good standing. Upon approval of the NCLA’s recommendation, the IBP Board of Governors shall declare the erring lawyer as a member not in good standing. Notice thereof shall be furnished the erring lawyer and the IBP Chapter which submitted the lawyer’s compliance report or the IBP Chapter where the lawyer is registered, in case he did not submit a compliance report. The notice to the lawyer shall include a directive to pay Four Thousand Pesos (P4,000) penalty which shall accrue to the special fund for the legal aid program of the IBP.

(b) The "not in good standing" declaration shall be effective for a period of three (3) months from the receipt of the erring lawyer of the notice from the IBP Board of Governors. During the said period, the lawyer cannot appear in court or any quasi-judicial body as counsel. Provided, however, that the "not in good standing" status shall subsist even after the lapse of the three-month period until and unless the penalty shall have been paid.

(c) Any lawyer who fails to comply with his duties under this Rule for at least three (3) consecutive years shall be the subject of disciplinary proceedings to be instituted motu proprio by the CBD. The said proceedings shall afford the erring lawyer due process in accordance with the rules of the CBD and Rule 139-B of the Rules of Court. If found administratively liable, the penalty of suspension in the practice of law for one (1) year shall be imposed upon him.

(d) Any lawyer who falsifies a certificate or any form required to be submitted under this Rule or any contents thereof shall be administratively charged with falsification and dishonesty and shall be subject to disciplinary action by the CBD. This is without prejudice to the filing of criminal charges against the lawyer.

(e) The falsification of a certificate or any contents thereof by any Clerk of Court or by any Chairperson of the Legal Aid Committee of the IBP local chapter where the case is pending or by the Director of a legal clinic or responsible officer of an NGO or PO shall be a ground for an administrative case against the said Clerk of Court or Chairperson. This is without prejudice to the filing of the criminal and administrative charges against the malfeasor.

SECTION 8. Credit for Mandatory Continuing Legal Education (MCLE). - A lawyer who renders mandatory legal aid service for the required number of hours in a year for the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: two (2) credit units for legal ethics, two (2) credit units for trial and pretrial skills, two (2) credit units for alternative dispute resolution, four (4) credit units for legal writing and oral advocacy, four (4) credit units for substantive and procedural laws and jurisprudence and six (6) credit units for such subjects as may be prescribed by the MCLE Committee under Section 2(9), Rule 2 of the Rules on MCLE.

A lawyer who renders mandatory legal aid service for the required number of hours in a year for at least two consecutive years within the three year-period covered by a compliance period under the Rules on MCLE shall be credited the following: one (1) credit unit for legal ethics, one (1) credit unit for trial and pretrial skills, one (1) credit unit for alternative dispute resolution, two (2) credit units for legal writing and oral advocacy, two (2) credit units for substantive and procedural laws and jurisprudence and three (3) credit units for such subjects as may be prescribed by the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE.

SECTION 9. Implementing Rules. - The IBP, through the NCLA, is hereby given authority to recommend implementing regulations in determining who are "practicing lawyers," what constitute "legal aid cases" and what administrative procedures and financial safeguards which may be necessary and proper in the implementation of this rule may be prescribed. It shall coordinate with the various legal chapters in the crafting of the proposed implementing regulations and, upon approval by the IBP Board of Governors, the said implementing regulations shall be transmitted to the Supreme Court for final approval.

SECTION 10. Effectivity. - This Rule and its implementing rules shall take effect on July 1,2009 after they have been published in two (2) newspapers of general circulation.

August 22, 2000

ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES

EN BANC

R E S O L U T I O N

Considering the Rules on Mandatory Continuing Legal Education (MCLE) for members of the Integrated Bar of the Philippines (IBP), recommended by the IBP, endorsed by the Philippine Judicial Academy, and reviewed and passed upon by the Supreme Court Committee on Legal Education, the Court hereby resolves to adopt, as it hereby adopts, the following rules for proper implementation:

RULE 1 PURPOSE

Section 1. Purpose of the MCLE

Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law.

RULE 2 MANDATORY CONTINUING LEGAL EDUCATION

Section 1. Constitution of the MCLE Committee

Within two (2) months from the approval of these Rules by the Supreme Court En Banc, the MCLE Committee shall be constituted in accordance with these Rules.

Section 2. Requirements of completion of MCLE

Members of the IBP not exempt under Rule 7 shall complete, every three (3) years, at least thirty-six (36) hours of continuing legal education activities approved by the MCLE Committee. Of the 36 hours:

(a) At least six (6) hours shall be devoted to legal ethics.

(b) At least (4) hours shall be devoted to trial and pretrial skills.

(c) At least five (5) hours shall be devoted to alternative dispute resolution.

(d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and jurisprudence.

(e) At least four (4) hours shall be devoted to legal writing and oral advocacy.

(f) At least two (2) hours shall be devoted to international law and international conventions.

(g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee.

RULE 3 COMPLIANCE PERIOD

Section 1. Initial compliance period

The initial compliance period shall begin not later than three (3) months from the constitution of the MCLE Committee. Except for the initial compliance period for members admitted or readmitted after the establishment of the program, all compliance periods shall be for thirty-six (36) months and shall begin the day after the end of the previous compliance period.

Section 2. Compliance Group 1.

Members in the National Capital Region (NCR) or Metro Manila shall be permanently assigned to Compliance Group 1.

Section 3. Compliance Group 2.

Members in Luzon outside NCR shall be permanently assigned to Compliance Group 2.

Section 4. Compliance Group 3.

Members in Visayas and Mindanao shall be permanently assigned to Compliance Group 3.

Section 5. Compliance period for members admitted or readmitted after establishment of the program.

Members admitted or readmitted to the Bar after the establishment of the program shall be permanently assigned to the appropriate Compliance Group based on their Chapter membership on the date of admission or readmission.

The initial compliance period after admission or readmission shall begin on the first day of the month of admission or readmission and shall end on the same day as that of all other members in the same Compliance Group.

(a) Where four (4) months or less remain of the initial compliance period after admission or readmission, the member is not required to comply with the program requirement for the initial compliance.

(b) Where more than four (4) months remain of the initial compliance period after admission or readmission, the member shall be required to complete a number of hours of approved continuing legal education activities equal to the number of months remaining in the compliance period in which the member is admitted or readmitted. Such member shall be required to complete a number of hours of education in legal ethics in proportion to the number of months remaining in the compliance period. Fractions of hours shall be rounded up to the next whole number.

RULE 4 COMPUTATION OF CREDIT UNITS

Section 1. Guidelines

The following are the guidelines for computation of credit units (CU):

PROGRAMS CREDIT UNITS SUPPORTING DOCUMENTS

1. SEMINARS, CONVENTIONS, CONFERENCES, SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS, WORKSHOPS, DIALOGUES, ROUND TABLE DISCUSSIONS BY APPROVED PROVIDERS UNDER RULE 7 AND OTHER RELATED RULES

1.1 PARTICIPANT 1 CU PER HOUR CERTIFICATE OF ATTENDANCE WITH NUMBER OF HOURS

1.2 LECTURER 5 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S CERTIFICATION

1.3 RESOURCE 3 CU PER HOUR PHOTOCOPY OF PLAQUE OR SPONSOR'S SPEAKER CERTIFICATION

1.4 ASSIGNED 2 CU PER HOUR CERTIFICATION FROM SPONSORING PENALIST/ ORGANIZATION REACTOR/COMMENTATOR

1.5 MODERATOR/ 2 CU PER HOUR CERTIFICATION FROM SPONSORING COORDINATOR/ ORGANIZATION FACILITATOR

2. AUTHORSHIP, EDITING AND REVIEW

2.1 RESEARCH/ 5-10 CREDIT UNITS DULY CERTIFIED/PUBLISHED INNOVATIVE TECHNICAL REPORT/PAPER PROGRAM/CREATIVE PROJECT

2.2 BOOK 50-100 PP 101+ PUBLISHED BOOK SINGLE AUTHOR 12-16 CU 17-20 CU

2 AUTHORS 10-12 CU 13-16 CU

3 OR MORE 5-6 CU 7-11 CU

2.3 BOOK EDITOR 1/2 OF THE CU OF PUBLISHED BOOK WITH PROOF AUTHORSHIP AS EDITOR CATEGORY

2.4 LEGAL ARTICLE 5-10 PP 11+ PUBLISHED ARTICLE SINGLE AUTHOR 6 CU 8 CU

2 AUTHORS 4 CU 6 CU

3 OR MORE 2 CU 4 CU

2.5 LEGAL 3-6 CU PER ISSUE PUBLISHED NEWSLETTER/JOURNAL NEWSLETTER/LAW JOURNAL EDITOR

3. PROFESSIONAL 6 CU PER CHAIR CERTIFICATION OF LAW DEAN CHAIR/BAR 1 CU PER LECTURE OR BAR REVIEW DIRECTOR REVIEW/ HOUR LECTURE/LAW TEACHING

Section 2. Limitation on certain credit units

In numbers 2 and 3 of the guidelines in the preceding Section, the total maximum credit units shall not exceed twenty (20) hours per three (3) years.

RULE 5 CATEGORIES OF CREDIT

Section 1. Classes of credits

The credits are either participatory or non-participatory.

Section 2. Claim for participatory credit

Participatory credit may be claimed for:

(a) Attending approved education activities like seminars, conferences, symposia, in-house education programs, workshops, dialogues or round table discussions.

(b) Speaking or lecturing, or acting as assigned panelist, reactor, commentator, resource speaker, moderator, coordinator or facilitator in approved education activities.

(c) Teaching in a law school or lecturing in a bar review class.

Section 3. Claim for non-participatory credit

Non-participatory credit may be claimed per compliance period for:

(a) Preparing, as an author or co-author, written materials published or accepted for publication, e.g., in the form of an article, chapter, book, or book review which contribute to the legal education of the author member, which were not prepared in the ordinary course of the member's practice or employment.

(b) Editing a law book, law journal or legal newsletter.

RULE 6 COMPUTATION OF CREDIT HOURS

Section 1. Computation of credit hours

Credit hours are computed based on actual time spent in an activity (actual instruction or speaking time), in hours to the nearest one-quarter hour.

RULE 7 EXEMPTIONS

Section 1. Parties exempted from the MCLE

The following members of the Bar are exempt from the MCLE requirement:

(a) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executives Departments;

(b) Senators and Members of the House of Representatives;

(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary, incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the Philippine Judicial Academy program of continuing judicial education;

(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice;

(e) The Solicitor General and the Assistant Solicitor General;

(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;

(g) The Chairmen and Members of the Constitutional Commissions;

(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special Prosecutor of the Office of the Ombudsman;

(i) Heads of government agencies exercising quasi-judicial functions;

(j) Incumbent deans, bar reviews and professors of law who have teaching experience for at least 10 years accredited law schools;

(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lectures of the Philippine Judicial Academy; and

(l) Governors and Mayors.

Section 2. Other parties exempted from the MCLE

The following Members of the Bar are likewise exempt:

(a) Those who are not in law practice, private or public.

(b) Those who have retired from law practice with the approval of the IBP Board of Governors.

Section 3. Good cause for exemption from or modification of requirement

A member may file a verified request setting forth good cause for exemption (such as physical disability, illness, post graduate study abroad, proven expertise in law, etc.) from compliance with or modification of any of the requirements, including an extension of time for compliance, in accordance with a procedure to be established by the MCLE Committee.

Section 4. Change of status

The compliance period shall begin on the first day of the month in which a member ceases to be exempt under Sections 1, 2, or 3 of this Rule and shall end on the same day as that of all other members in the same Compliance Group.

Section 5. Proof of exemption

Applications for exemption from or modification of the MCLE requirement shall be under oath and supported by documents.

RULE 8 STANDARDS FOR APPROVAL OF EDUCATION ACTIVITIES

Section 1. Approval of MCLE program

Subject to the rules as may be adopted by the MCLE Committee, continuing legal education program may be granted approval in either of two (2) ways: (1) the provider of the activity is an approved provider and certifies that the activity meets the criteria of Section 3 of this Rules; and (2) the provider is specially mandated by law to provide continuing legal education.

Section 2. Standards for all education activities

All continuing legal education activities must meet the following standards:

(a) The activity shall have significant current intellectual or practical content.

(b) The activity shall constitute an organized program of learning related to legal subjects and the legal profession, including cross profession activities (e.g., accounting-tax or medical-legal) that enhance legal skills or the ability to practice law, as well as subjects in legal writing and oral advocacy.

(c) The activity shall be conducted by a provider with adequate professional experience.

(d) Where the activity is more than one (1) hour in length, substantive written materials must be distributed to all participants. Such materials must be distributed at or before the time the activity is offered.

(e) In-house education activities must be scheduled at a time and location so as to be free from interruption like telephone calls and other distractions.

RULE 9 APPROVAL OF PROVIDERS

Section 1. Approval of providers

Approval of providers shall be done by the MCLE Committee.

Section 2. Requirements for approval of providers

Any persons or group may be approved as a provider for a term of two (2) years, which may be renewed, upon written application. All providers of continuing legal education activities, including in-house providers, are eligible to be approved providers. Application for approval shall:

(a) Be submitted on a form provided by the IBP;

(b) Contain all information requested on the form;

(c) Be accompanied by the approval fee;

Section 3. Requirements of all providers

All approved providers shall agree to the following:

(a) An official record verifying the attendance at the activity shall be maintained by the provider for at least four (4) years after the completion date. The provider shall include the member on the official record of attendance only if the member's signature was obtained at the time of attendance at the activity. The official record of attendance shall contain the member's name and number in the Roll of Attorneys and shall identify the time, date, location, subject matter, and length of the education activity. A copy of such record shall be furnished the IBP.

(b) The provider shall certify that:

(1) This activity has been approved for MCLE by the IBP in the amount of ________ hours of which hours will apply in (legal ethics, etc.), as appropriate to the content of the activity;

(2) The activity conforms to the standards for approved education activities prescribed by these Rules and such regulations as may be prescribed by the IBP pertaining to MCLE.

(c) The provider shall issue a record or certificate to all participants identifying the time, date, location, subject matter and length of the activity.

(d) The provider shall allow in-person observation of all approved continuing legal education activities by members of the IBP Board of Governors, the MCLE Committee, or designees of the Committee and IBP staff for purposes of monitoring compliance with these Rules.

(e) The provider shall indicate in promotional materials, the nature of the activity, the time devoted to each devoted to each topic and identify of the instructors. The provider shall make available to each participant a copy of IBP-approved Education Activity Evaluation Form.

(f) The provider shall maintain the completed Education Activity Evaluation Forms for a period of not less than one (1) year after the activity, copy furnished the IBP.

(g) Any person or group who conducts an unauthorized activity under this program or issues a spurious certificate in violation of these Rules shall be subject to appropriate sanctions.

Section 4. Renewal of provider approval

The approval of a provider may be renewed every two (2) years. It may be denied if the provider fails to comply with any of the requirements of these Rules or fails to provide satisfactory education activities for the preceding period.

Section 5. Revocation of provider approval

The approval of any provider referred to in Rule 9 may be revoked by a majority vote of the IBP Board of Governors, upon recommendation of the MCLE Committee, after notice and hearing and for good cause.

RULE 10 ACTIVITY AND PROVIDER APPROVAL FEE

Section 1. Payment of fees

Application for approval of an education activity or as a provider requires payment of an appropriate fee.

RULE 11 GENERAL COMPLIANCE PROCEDURES

Section 1. Compliance card

Each member shall secure from the MCLE Committee a Compliance Card before the end of his compliance period. He shall complete the card by attesting under oath that he has complied with the education requirement or that he is exempt, specifying the nature of the exemption. Such Compliance Card must be returned to the address indicated therein not later than the day after the end of the member's compliance period.

Section 2. Member record keeping requirement

Each member shall maintain sufficient record of compliance or exemption, copy furnished the MCLE Committee. The record required to be provided to the members by the provider pursuant to Section 3(c) of Rule 9 should be sufficient record of attendance at a participatory activity. A record of non-participatory activity shall also be maintained by the member, as referred to in Section 3 of Rule 5.

RULE 12 NON-COMPLIANCE PROCEDURES

Section 1. What constitutes non-compliance

The following shall constitute non-compliance

(a) Failure to complete the education requirement within the compliance period;

(b) Failure to provide attestation of compliance or exemption;

(c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period;

(d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of a non-compliance notice;

(e) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements.

Section 2. Non-compliance notice and 60-day period to attain compliance

A member failing to comply will receive a Non-Compliance Notice stating the specific deficiency and will be given sixty (60) days from the date of notification to explain the deficiency or otherwise show compliance with the requirements. Such notice shall contain, among other things, the following language in capital letters:

YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE OR PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM THE DATE OF NOTICE), SHALL BE A CAUSE FOR LISTING AS A DELINQUENT MEMBER.

The Member may use this period to attain the adequate number of credit hours for compliance. Credit hours earned during this period may only be counted toward compliance with the prior compliance period requirement unless hours in excess of the requirement are earned, in which case, the excess hours may be counted toward meeting the current compliance period requirement.lawphil.net

RULE 13 CONSEQUENCES OF NON-COMPLIANCE

Section 1. Non-compliance fee

A member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a non-compliance fee.

Section 2. Listing as delinquent member

Any member who fails to satisfactorily comply with Section 2 of Rule 12 shall be listed as a delinquent member by the IBP Board of Governors upon the recommendation of the MCLE Committee, in which case, Rule 139-A of the Rules of Court shall apply.

RULE 14 REINSTATEMENT

Section 1. Process

The involuntary listing as a delinquent member shall be terminated when the member provides proof of compliance with the MCLE requirement, including payment of non-compliance fee. A member may attain the necessary credit hours to meet the requirement for the period of non-compliance during the period the member is on inactive status. These credit hours may not be counted toward meeting the current compliance period requirement. Credit hours attained during the period of non-compliance in excess of the number needed to satisfy the prior compliance period requirement may be counted toward meeting the current compliance period requirement.lawphil.net

Section 2. Termination of delinquent listing administrative process

The termination of listing as a delinquent member is administrative in nature but it shall be made with notice and hearing by the MCLE Committee.

RULE 15 MANDATORY CONTINUING LEGAL EDUCATION COMMITTEE

Section 1. Composition

The MCLE Committee shall be composed of five (5) members, namely: a retired Justice of the Supreme Court, as Chair, and four (4) members, respectively, nominated by the IBP, the Philippine Judicial Academy, a law center designated by the Supreme Court and associations of law schools and/or law professors.

The members of the Committee shall be of proven probity and integrity. They shall be appointed by the Supreme Court for a term of three (3) years and shall receive such compensation as may be determined by the Court.

Section 2. Duty of the Committee

The MCLE Committee shall administer and adopt such implementing rules as may be necessary subject to the approval by the Supreme Court. It shall, in consultation with the IBP Board of Governors, prescribe a schedule of MCLE fees with the approval of the Supreme Court.

Section 3. Staff of the IBP

The IBP shall employ such staff as may be necessary to perform the record-keeping, auditing, reporting, approval and other necessary functions.

Section 4. Submission of annual budget

The IBP shall submit to the Supreme Court an annual budget for a subsidy to establish, operate and maintain the MCLE Program.

This resolution shall take effect in October 2000, following its publication in two (2) newspaper of general circulation in the Philippines.

Adopted this 22nd day of August, 2000.

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:

(a) to promote, serve, and protect public interest;

(b) to simplify, clarify, and modernize the rules governing notaries public; and

(c) to foster ethical conduct among notaries public.

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. 

SECTION 1. Acknowledgment. — "Acknowledgment" refers to an act in which an individual on a single occasion:

(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:

(a) appears in person before the notary public;

(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;

(b) copies or supervises the copying of the instrument or document;

(c) compares the instrument or document with the copy; and

(d) determines that the copy is accurate and complete.

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.

SECTION 6. Jurat. — "Jurat" refers to an 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;

(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.

To be eligible for commissioning as notary public, the petitioner:

(1) must be a citizen of the Philippines;

(2) must be over twenty-one (21) years of age;

(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:

(a) the petition is sufficient in form and substance;

(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.

(b) The notice shall be substantially in the following form:

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

REGIONAL TRIAL COURT OF ___________

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

SECTION 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. — The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of three (3) months from date of issue, unless extended by the 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.

SECTION 9. Form of Certificate of Authorization to Purchase a Notarial Seal. — The Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the following form:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF _______________

CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL

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.

Issued this (day) of (month) (year).

____________________________

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;

(2) oaths and affirmations;

(3) jurats;

(4) signature witnessings;

(5) copy certifications; and

(6) any other act authorized by these Rules.

(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;

(3) both witnesses sign their own names;

(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

(5) the notary public notarizes his signature by acknowledgment or jurat.

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:

(a) is a party to the instrument or document that is to be notarized;

(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.

SECTION 5. False or Incomplete Certificate. — A notary public shall not:

(a) execute a certificate containing information known or believed by the notary to be false.

(b) affix an official signature or seal on a notarial certificate that is incomplete.

SECTION 6. Improper Instruments or Documents. — A notary public shall not notarize:

(a) a blank or incomplete instrument or document; or

(b) an instrument or document without appropriate notarial certification.

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:

(1) the entry number and page number;

(2) the date and time of day of the notarial act;

(3) the type of notarial act;

(4) the title or description of the instrument, document or proceeding;

(5) the name and address of each principal;

(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;

(8) the fee charged for the notarial act;

(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;

(b) credible witness swearing or affirming to the identity of a principal; and

(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;

(b) not sign using a facsimile stamp or printing device; and

(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.

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;

(b) the serial number of the commission of the notary public;

(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:

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

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)

(seal of Executive Judge)

SECTION 1. Change of Name and Address. —

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.

The notary public shall not notarize until:

(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:

(1) fails to keep a notarial register;

(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;

(4) fails to affix to acknowledgments the date of expiration of his commission;

(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;

(9) executes a false or incomplete certificate under Section 5, Rule IV;

(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:

(a) knowingly acts or otherwise impersonates a notary public;

(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.

Promulgated this 6th day of July, 2004.

(2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, [July 6, 2004])

July 14, 2020

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.

A.M. No. 20-07-04-SC

2020 Interim Rules on Remote Notarization of Paper Documents

RULE I General Provisions

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.

These Rules shall not apply to the execution of notarial wills.

SECTION 3. Localities Where the Rules Apply. — Until the Supreme Court directs otherwise, these Rules shall apply to permit the performance of notarial acts through the use of videoconferencing facilities in cases where the notary public or at least one of the principals resides, holds office, or is otherwise situated in a locality that is under community quarantine due to COVID-19, as directed by the Inter-Agency Task Force for the Management of Emerging and Infectious Diseases (IATF), the provincial governors with regard to 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.

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";

b) Competent Evidence of Identity — refers to the identification of an individual based on:

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.

e) Locality — refers to a barangay, municipality, city, province, or country.

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

SECTION 1. Acknowledgment by Videoconference. — Where an instrument or document is acknowledged before the notary public through the use of videoconferencing facilities, the following procedure shall be observed:

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:

i. require the principal to confirm his or her identity;

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.

RULE III Affirmation, Oath, or Jurat

SECTION 1. Affirmation or Oath by Videoconference. — Where an instrument or document requiring affirmation or oath is presented to the notary public through the use of videoconferencing facilities, the following procedure shall be observed:

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:

i. require the principal to confirm his or her identity;

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.

RULE V Thumbmark or Other Marks in Lieu of Handwritten Signature

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.

RULE VI Copy Certification

SECTION 1. Copy Certification by Videoconference of Instruments or Documents Delivered by Personal or Courier Service. — Where a person requests a notary public to certify a copy of an instrument or document through the use of videoconferencing facilities and said instrument or document is delivered to the notary public by personal or courier service, the following procedure shall be observed:

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.

SECTION 2. Copy Certification by Videoconference of Instruments or Documents Sent by E-Mail. — Where a person requests a notary public to certify a copy of an instrument or document through the use of videoconferencing facilities, and said instrument or document is sent by e-mail, the following procedure shall be observed:

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.

RULE VII Fees for Remote Notarization

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.

RULE IX Revocation of Commission and Disciplinary Sanctions

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.

Published in the Philippine Daily Inquirer on August 1, 2020.