Article 36p. 36

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

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.

RULE III Commissioning of Notary Public

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

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