Article 40p. 40

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

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.

RULE VIII Notarial Certificates

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.

RULE IX Certificate of Authority of Notaries Public

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)

RULE X Changes of Status of Notary Public

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.

RULE XI Revocation of Commission and

Disciplinary Sanctions

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

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