Article 39p. 39

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

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.

RULE VII Signature and Seal of Notary Public

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

© Compiled By RGL

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