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Republic of the Philippines
Supreme Court
Manila
EN BANC
A.M. No. 02-8-13-SC
2004 Rules on Notarial Practice
RESOLUTION
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:chanro blesvirtuallawlibra ry
2004 RULES ON NOTARIAL PRACTICE
RULE I
IMPLEMENTATION
SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial
Practice.
SEC. 2. Purposes. - These Rules shall be applied and construed to advance the
following purposes:chanroble svirtuallawlibrary
(a) to promote, serve, and protect public interest; chan robles virtual law library
(b) to simplify, clarify, and modernize the rules governing notaries public; and
(c) to foster ethical conduct among notaries public. chan robles virtual law library
SEC. 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:chanrob lesvirtuallawlibra ry
(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

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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.
SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath” refers to an act
in which an individual on a single occasion: chan robles virtual law library
(a) appears in person before the notary public; chan robles virtual law library
(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 chan robles
virtual law library
(c) avows under penalty of law to the whole truth of the contents of the
instrument or document.
SEC. 3. Commission. - “Commission” refers to the grant of authority to
perform notarial acts and to the written evidence of the authority.
SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act in
which a notary public:chanrob lesvirtuallawlibrary
(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.
SEC. 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. chan robles virtual law library
SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a single
occasion:chanroblesvirt uallawlibrary
(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; chan robles virtual
law library
(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.
SEC. 7. Notarial Act and Notarization. - “Notarial Act” and “Notarization” refer
to any act that a notary public is empowered to perform under these Rules.
SEC. 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. chan robles virtual law library
SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary” refer to any
person commissioned to perform official acts under these Rules.cralaw
SEC. 10. Principal. - “Principal” refers to a person appearing before the notary
public whose act is the subject of notarization. chan robles virtual law library

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 G.R. No. 114829 March 1, 1995 MAXIMINO GAMIDO Y BUENAVENTURA, Petitioner, v. NEW BILIBID PRISONS (NBP) OFFICIALS, Respondents.chanrobles virtual law library DAVIDE, JR., J.: In the Resolution of 7 September 1994, we required Atty. Icasiano M. dela Rea of No. 42 National Road corner Bruger Subdivision, Putatan, Muntinglupa, Metro Manila, to show cause why no disciplinary action should be taken against him for making it appear in thejurat of the petition in this case that the petitioner subscribed the verification and swore to before him, as notary public, on 19 April 1994, when in truth and in fact the petitioner did not.chanroblesvirtualawlibrarychanrobles virtual law library In his Explanation of 23 December 1994 which was received by this Court on 25 January 1995, Atty. Icasiano M. dela Rea admitted having executed the jurat without the presence of petitioner Gamido. He alleges: Firstly, I must honestly admit that I notarized it not in his presence. I did it in the honest belief that since it is jurat and not an acknowledgement, it would be alrights [sic] to do so considering that prior to April 19, 1994 and thereafter, I know Mr. Gamido since I have been in and out of New Bilibid Prisons, not only because my office is here only across the Municipal Building of Muntinlupa, Metro Manila but because I handled a number of cases involving prisoners and guards of NBP as well as some of its personnels [sic]. That in fact, I attempted to have the document ...
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