Article 35p. 35

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

(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.

(Rule

on

Community

Legal

Aid

Service,

A.M.

No.

17-03-09-SC, [October 22, 2017])

A.M. No. 02-8-13-SC | 2004 RULES

ON NOTARIAL PRACTICE

July 6, 2004

Acting on the compliance dated 05 July 2004 and on the

proposed Rules on Notarial Practice of 2004 submitted

by

the

Sub-Committee

for

the

Study, Drafting and

Formulation of the Rules Governing the Appointment of

Notaries Public and the Performance and Exercise of

Their Official Functions, of the Committees on Revision of

the Rules of Court and on Legal Education and Bar

Matters, the Court Resolved to APPROVE the proposed

Rules on Notarial Practice of 2004 , with modifications,

thus:

RULE I Implementation

SECTION 1. Title . — These Rules shall be known as the

2004 Rules on Notarial Practice .

SECTION 2. Purposes . — These Rules shall be applied and

construed to advance the following purposes:

(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.

RULE II Definitions

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

© Compiled By RGL

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