WILLS PART 2

***PRETERITION
NUGUID VS. NUGUID
G.R. No. L-23445 June 23, 1966
The deceased Rosario Nuguid left no descendants, legitimate or illegitimate. But she left forced heirs in the direct ascending line her parents, now oppositors Felix Nuguid and Paz Salonga Nuguid. And, the will completely omits both of them: They thus received nothing by the testament; tacitly, they were deprived of their legitime; neither were they expressly disinherited. This is a clear case of preterition. The one-sentence will here institutes petitioner as the sole, universal heir nothing more. No specific legacies or bequests are therein provided for.
The will here does not explicitly disinherit the testatrix's parents, the forced heirs. It simply omits their names altogether. Said will rather than be labeled ineffective disinheritance is clearly one in which the said forced heirs suffer from preterition.
Preterition under Article 854 of the Civil Code, we repeat, "shall annul the institution of heir". This annulment is in toto, unless in the will there are, in addition, testamentary dispositions in the form of devises or legacies. In ineffective disinheritance under Article 918 of the same Code, such disinheritance shall also "annul the institution of heirs", put only "insofar as it may prejudice the person disinherited", which last phrase was omitted in the case of preterition. Better stated yet, in disinheritance the nullity is limited to that portion of the estate of which the disinherited heirs have been illegally deprived.
Supreme court held that Article 854 of the Civil Code in turn merely nullifies "the institution of heir". Considering, however, that in the case at bar the will solely provides for the institution of petitioner as universal heir, and nothing more, the result is the same. The entire will is null.
BASIS:
ART. 854. The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious. ...
Art. 814. The preterition of one or all of the forced heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall void the institution of heir; but the legacies and betterments4 shall be valid, in so far as they are not inofficious. ...
Preterition "consists in the omission in the testator's will of the forced heirs or anyone of them, either because they are not mentioned therein, or, though mentioned, they are neither instituted as heirs nor are expressly disinherited."
Disinheritance, in turn, "is a testamentary disposition depriving any compulsory heir of his share in the legitime for a cause authorized by law. "

Legal Med - part 1 ( to be arranged )

HILT MARK

- Finding in a stab wound that makes it possible to determine the knife’s length.














BLUNT INSTRUMENT

- Contusion ( Blood clot )
- Hematoma ( deep-seated blood clot )
- Laceration ( opening of skin )

SHARP INSTRUMENTS

- Sharp-edged ( incised wound )
- Sharp-pointed ( punctured wound )
- Sharp-edged and Sharp-pointed ( stab wound )










CLOSED WOUND

- No breach in the continuity of the skin or mucous membrane


OPEN WOUND

- With break in the continuity of the skin or mucous membrane

PATTERNED WOUND

- Wound assumes the shape of the offending instrument

DEFENSE WOUND

- Wounds sustained by the victim while parrying the thrusts of the assailant in an attempt to defend himself. Always found on the extremities of the victim.

HESITATION CUTS OR TEST CUTS

- Found commonly among

ABRASION
- Scratch, graze, impression mark, friction mark



RUBOR – Redness
CALOR – Heat/ it will swell
DOLOR – Pain
FUNCTIO LAIZZA – Loss of function
BAROTRAUMA
– Change of atmospheric pressure
– Suffering in the lungs

COUP- Fracture is where the force is applied
CONTRE COUP – Opposite direction
COUP-CONTRE-COUP – Injury at the side and opposite side i.e. elevator accident
LOCUS MINORIS RESISTENCIA – i.e. hitted at forehead causing black-eye
EXTENSIVE INJURIES – Body parts are totally crushed or destroyed i.e. train accidents.
FIST CLOSED – Fugilistic attitudes

EUTHANASIA “Mercy Killing”

- Deliberate and painless acceleration of death of a person suffering from an incurable and distressing disease

ADRENAL – True sits of emotion. Heart is just a manifestation.

Christian Barnard - World’s first successful heart transplant.

Q: Who determine brain death?
A: “ Two Physician Rule” – For transplants : 2 Physicians plus one Neurologust or Neurosurgeon


RIGHT TO DIE

- “TRIAD of CONSENT”
- May be invoked by the patient through a:
Living Will
Donor Card or any
Legal Document


DEATHS WHICH BELONGS TO THE STATE UNTIL & AFTER AUTOPSY IS CONDUCTED: VASUSU

Violent
Accidental
Suspicious
Undetermined
Suicidal
Unattended


“LIVING WILL”

- Mandate addressed to the Doctor
- May be executed by any person 18 yrs or over with a sound mind.
- If under 18, must be with parental consent.
- Binding as a mandatory directive written in a PUBLIC INSTRUMENT, unless there is actual notice of contrary intention.
- Or by the next-of-kin in the order of hierarchy called the “LEGAL SURROGATE”


PEOPLE VS. CAMPUHAN

- Favored Acts of Lasciviousness over RAPE
- Mere touching of Labia Minora is not enough. Clearly it must be shown that there was an “animus” to penetrate.

PEOPLE VS. CONDE

- A woman in her deep sleep is considered unconscious

STATE VS. LUNG

- Use of CANTHARIDES to incite the victim’s passion, there is NO DEPRECIATION of reason hence physical access does not constitute rape.

SILVANO VS. CA

- The use of tongue or finger upon the genitals shall constitute “OBJECT RAPE”


PEOPLE VS. BALLARAN
- Abuse of confidence is aggravating
- One crime of rape where several acts were committed on the same woman by the same offender on one occasion.


PEOPLE VS. BLANCE

- The character of the victim is immaterial if the crime of rape is committed by force or intimidation.


WOMAN CAN BE CONVICTED OF RAPE:

Principal by inducement
Indispensable cooperation
Co-conspirator
Sexual Assault


AGGRAVATING CIRCUMSTANCES IN RAPE:

Victim is under 18 yrs of age and the offender is a person of moral ascendancy over the victim.
When by reason or on occasion of rape, the victim has suffered permanent physical mutilation or disability.
When rape is committed in full view of the spouse, children, parent, children or third degree relative.
Offender knowingly harbors HIV or any other STD and such disease is transmitted to the victim.
When committed by any member of the AFP, paramilitary, PNP or any law enforcement agency or penal institution, when the offender took advantage of his position; victim is under custody of the police or military authorities or any law enforcement or penal institution;
When offender knew of the pregnancy of the victim;
When victim is of religious calling or vocation and is personally known to be such by the offender before or at the time of commission.
When the offender knew of the mental disability, emotional disorder and/or physical handicap of the victim.
Victim is below 7 yrs of age.


POLYGRAPH RESULT

- Inadmissible-persuasive

WORD ASSOCIATION MACHINE

- Deception-detection devises measures the “time” of response


INDEX OF BRAIN DEATH

Absence of deep reflexes
pupils dilated
flat electroencephalogram
absence of heart and lung activity


LEGAL DEATH VS. MEDICAL DEATH

- Legal death is a precise event while medical death is continous

CARBON MONOXIDE

- gas commonly employed in execution by gas chamber

PASSIVE EUTHANASIA

- Mode of euthanasia where victim is deprived of food and medicine


BURKING

- Type of asphyxia where killing is done by one guy sitting on the victim’s chest and the other guy covering the nose and the mouth.


NEW AMENDMENT TO RAPE:

- Fraudulent machination
- Sexual assault
- Grave abuse of authority


TRIAD OF VIRGINITY:

- tight vaginal wall
- prominent rugosities
- intact hymen with small orifice


1:85 million – Incidence of DNA repetition (mismatch) in the Philippines

PILOT-CO-PILOT

- Present controlling doctrine in a surgeon-anesthesiologist set-up

PRACTICE PARAMETERS AND GUIDELINES

- This doctrine protects the hospital from outside experts to challenge their standards.


SLUG

- this thing comes out of the muzzle of a gun first



CHAMPIGNON D’ OCUME

- bubble sin the lungs; (in drowning)

HYSOCINE HYDROBROMIDE

- Most common drug employed as “truth serum”

CHRISTIAN JORGENSEN

- First sex transplant

IMPRUDENCE

– a deficiency in action,
– falling to take the necessary precaution once they are foreseeable


RECKLESS IMPRUDENCE

- Consists in voluntary,
- without malice, doing or falling to do an act,
- from which material damage results
- by reason of inexcusable lack of precaution

NEGLIGENCE

- deficiency in perception
- or when the wrongful act may be avoided
- by paying proper attention and using due diligence in foreseeing them.



ASPHYXIA

- general term applied to all forms of violent death
- which results from the interference with the process of respiration
- condition in which the supply of oxygen to the blood or to the issues has been reduced below normal level

ANOXIC DEATH

- failure of the arterial blood to become normally saturated with oxygen


ANEMIC-ANOXIC DEATH

- due to decreased capacity of the heart to carry oxygen


STAGNANT ANOXIC DEATH

- brought about by the failure of circulation



HISTOTOXIC ANOXIC DEATH

- failure of the cellular oxidative process

CLASSIFICATION OF ASPHYXIA:

hanging
strangulation
drowning
inhalation of irrespirable gases
suffocation
traumatic crush.

WILLS in a nutshell part 1

INHERITANCE / OBJECT OF SUCCESSION:


- Includes all the property, (TRANSMISSIBLE) rights and obligations (EXISTING AT THE TIME OF HIS DEATH) of a person which are NOT DISTINGUISHED by death.
- Those which have accrued thereto since the opening
- The heir is not liable beyond the value of the property he received from the decedent.
- All things which are not outside the commerce of men, including FUTURE THINGS (not future inheritance)

*** Future things are those which do not belong to the obligor at the time the contract is made but may be made, raised, or acquired by him after the perfection of the contract. It includes also future rights.

- All services which are not contrary to law, morals, good customs, public order or public policy
- Obligation to make restoration, reparation for damages, or indemnification for consequential damages and actions to demand the same.


PRESUMPTIVE DEATH:


- Absence of 10 years
- If disappeared at the age of 75 years – absence of 5 years will be sufficient
- Judicial declaration is not necessary
- Absence of 4 years, if or due to;

a. On board a vessel lost during sea voyage
b. Aeroplane which is missing
c. Person in the Armed Forces who has taken part in war
d. Person who has been in danger of death under other circumstances and his existence has not been known for 4 years.

- Rule on Survivorship can not be invoked as it is not applicable in succession.
- However, proof as to who died first may be supported by testimony of a witness who is at the same time a survivor.
- The death is considered to have taken place on the last day of the period of absence required by law.



REQUISITE FOR TRANSMISSION OF SUCCESSIONAL RIGHTS:


EXPRESS WILL of testator or PROVISION OF LAW
DEATH of the person whose property is the subject of succession
ACCEPTANCE of the inheritance



QUALIFICATIONS OF TESTATOR:


All persons who are not expressly prohibited by law.
Persons 18 years of age and above, of either sex.
Of sound mind at the time of execution.
Married woman even without the consent of the husband and without the authority of the court.
Provided; A married woman may dispose by will all her SEPARATE PROPERTY as well as HER SHARE of the conjugal partnership or absolute community property.



WHO MAY SUCCEED:


Person not incapacitated by law to succeed.

*** Incase of person who committed acts of unworthiness, he may still validly inherit, if at the time of execution of the will the testator had knowledge to it and still designated him as heir in the will – such is the case of CONDONATION. However, condonation in order to be immediately operative and irrevocable it must be in writing, otherwise the subsequent revocation of the will shall render the pardon ineffective.

Must have legal existence or juridical personality.
Must be living at the moment succession opens, except in case of representation when it is proper.

*** rights to the succession are transmitted from the moment of the death of the decedent.

Child already conceived AT THE TIME OF THE DEATH of the decedent, provided the following conditions;

If ALIVE at the time it is COMPLETELY DELIVERED from the mother’s womb.
If had an intra-uterine life of LESS THAN 7 MONTHS, it is not deemed born if it dies within 24 hrs after its complete delivery from maternal womb.

State, provinces, municipal corporations, private corporations, organizations, or associations for religious, scientific, cultural, educational, or charitable purposes.
All other corporations or entities, unless there is a provision to the contrary in their charter or the laws of their creation.
Church or denomination- should the testator dispose of whole or part of his property for prayers or pious works for the benefit of is soul, in general terms and without specifying its application.
Poor living in the DOMICILE (at the time of his death) of the testator if the testamentary provisions is in favor of the poor in general, without designation of particular persons or of any community, unless the intention is otherwise.



INCAPABLE OF SUCCEEDING: PROGAPI


PRIEST- who heard the confession of the testator during his last illness, or the MINISTER of the gospel- who extended spiritual aid to him during the same period.
RELATIVES of such priest or minister of gospel within the 4th civil degree, THE CHURCH, ORDER, CHAPTER, COMMUNITY, ORGANIZATION, or INSTITUTION to which such priest or minister may belong.
GUARDIAN with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof; nevertheless, any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid.
ATTESTING WITNESS to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children.
PHYSICIAN, SURGEON, NURSE, HEALTH OFFICER or DRUGGIST who took care of the testator during his last illness;
INDIVIDUALS, ASSOCIATIONS and CORPORATIONS not permitted by law to inherit.
BY REASON OF UNWORTHINESS;

Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtue;
Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
Any person who has accused the testator of a crime for which the law prescribes imprisonment for 6 years or more, if the accusation has been found groundless;
Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer of the law within a month, unless the authorities have already taken action; this prohibition shall not apply to cases wherein, according to law, there is no obligation to make an accusation;
Any person convicted of adultery or concubinage with the spouse of the testator;
Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made;
Any person who by the same means prevents another from making a will, or from revoking one already made, or who supplants, conceals, or alters the latter’s will;
Any person who falsifies or forges a supposed will of the decedent.

*** Incapacity by reason of unworthiness is NOT ABSOLUTE, it does not disqualify a person to succeed every other person, but merely disqualifies him to succeed the particular person against whom the act of unworthiness has been committed.


ACCEPTANCE AND REPUDIATION:


- Purely voluntary and free act
- Effect shall always retroact to the moment of the death of the decedent
- No person may accept or repudiate unless he is CERTAIN OF THE DEATH of the person from whom he is to inherit
- He must likewise be CERTAIN OF HIS RIGHTS to the inheritance
- Any person having a free disposal of his property may accept or repudiate an inheritance
- Parents or guardians may accept inheritance in behalf of minors or incapacitated person (no need for judicial approval)
- Parents or guardians may repudiate inheritance left to their wards ONLY BY JUDICIAL AUTHORIZATION.

***NOTE: Even in the case of person who is not a minor but under guardianship, his guardian may only repudiate with judicial approval. Such is the case of DEAF-MUTE who does not know how to read and write.

- In case of inheritance to the poor, it may be accepted by:

The person designated by the testator to determine the beneficiaries and distribute the property
In default of (a) the Executor
If there be no Executor, the Justice of peace, the mayor and the municipal treasurer

- LAWFUL REPRESENTATIVES of corporations, associations, institutions and entities QUALIFIED TO ACQUIRE property may accept inheritance; in order to repudiate the same, approval of the court shall be necessary.
- Public official establishments MAY ONLY ACCEPT OR REPUDIATE with the approval of the government.
- Married woman may repudiate without the consent of the husband
- DEAF-MUTES WHO CAN READ AND WRITE may accept or repudiate inheritance, personally or through an agent.
- The GUARDIANS of DEAF-MUTES WHO CAN NOT READ AND WRITE may accept or repudiate the inheritance with judicial approval.
- Acceptance may be express or tacit
- Express – made under public or private document

- Inheritance is deemed accepted;

a. If the heir sells, donates, or assigns his right to a stranger, or to his co-heirs, or to any of them.
b. If the heir renounces the same, even though gratuitously, for the benefit of one or more of his co-heir;
c. If he renounces it for a price in favor of all his co-heirs indiscriminately; but if this renunciation should be gratuitous, and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as accepted.

***NOTE: WITHIN 30 DAYS AFTER the court has issued an order for the distribution of the estate in accordance with the Rules of Court, the heirs, devisees and legatees shall signify whether they accept or repudiates the inheritance, if they failed to do so within that time, they are deemed to have accepted the inheritance.

- Repudiation may be made;

a. in a public or authentic instrument
b. by petition presented to the court having jurisdiction over testamentary or intestate proceedings

- Repudiation may take place even BEFORE ACCEPTANCE because of vested rights.
- A creditor may petition to the court to authorize him to accept the inheritance in the name of heir, if such heir repudiates in the prejudice of said creditor.
- The acceptance shall benefit the creditor only up to the extent sufficient to cover the amount of credits. The excess, should there be any, should pertain to the renouncer.
- In case of SEVERAL HEIRS, some of them may accept and the others may repudiate it.
- If the HEIR should DIE without having accepted or repudiated the inheritance his rights shall be transmitted to his heirs.
- In case of an heir by WILL AND AB INTESTATO

a. If he repudiated his capacity as a testamentary heir, he is understood to have repudiated BOTH.
b. If he repudiated as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity.

- Acceptance or repudiation, once made, is IRREVOCABLE and CANNOT BE IMPUGNED, except when it was made through any of the causes that vitiate consent, or when an unknown will appears.


LEGAL OR INTESTATE SUCCESSION TAKES PLACE:


If the PERSON DIES

without a will
or with a void will
or one which subsequently lost its validity

OR WHEN

the will does not institute an heir
***A will does not contain institution of an heir does not invalidate the will. Art. 841 provides that, a will shall be valid even though it should not contain an institution of an heir, or such institution should not comprise the entire estate, and even though the person so instituted should not accept the inheritance or should be incapacitated to succeed. In such cases the testamentary dispositions made in accordance with the law shall be complied with and the remainder of the estate shall pass to the legal heirs.

the will does not disposes of ALL the property belonging to the testator
***In such case, legal succession shall take place only with respect to the property of which the testator has not disposed.

If the SUSPENSIVE CONDITION attached to the institution of heir DOES NOT HAPPEN or IS NOT FULFILLED,
- or if the HEIR DIES BEFORE the testator,
- or REPUDIATES the inheritance,
- there BEING NO SUBSTITUTION,
- and NO RIGHT OF ACCRETION takes place.

Heir instituted is incapable of succeeding, except in cases provided by law
Happening of a RESOLUTORY CONDITION.
Expiration of the term or period of institution
In case of PRETERITION or the annulment of institution of heir



PRESCRIPTION OF ACTION:


- Action for declaration of incapacity and
- For the RECOVERY of inheritance, devise or legacy
- Shall be brought WITHIN 5 YEARS
- from the time the disqualified person took possession thereof
- It may be brought by ANY ONE who may have an interest in the succession


QUALIFICATION OF WITNESS:


ANY PERSON;

Of sound mind
Of age of 18 years or more
not blind, deaf or dumb
able to read and write
Domiciled in the Philippines
Have not been convicted of falsification, perjury or false testimony.



DISQUALIFICATION OF WITNESS:


Any person not domiciled in the Philippines
Those who have been convicted of falsification of a document, perjury or false testimony.


****WITNESS TO THE WILL


- If competent at the time of ATTESTING, their becoming SUBSEQUENTLY INCOMPETENT shall not prevent the allowance of the will.
- DEVISEE or LEGACY, or spouse, parent or child of such devisee or legacy is not disqualified by law to become witness to the will. If he is credible, and not disqualified under the law, he is a competent witness; but the devise or legacy in his favor, or in favor of his spouse, parent or child, WILL BE VOID. This also applies to an Instituted heir, or his spouse, parent or child. (Tolentino)
- CREDITORS may be a competent witness to the will, as the mere charge on the estate of the testator for the payment of debts due at the time of the testator’s death does not prevent his creditors from being competent witnesses to his will.
- The law requires DOMICILED in the Philippines, mere residence is not enough. Domicile pertains to the place of HABITUAL RESIDENCE. However, this requirements applies only to WILLS EXECUTED IN THE PHILIPPINES.
- ALIENS, provided domiciled in the Philippines, may be a witness as Citizenship is not a requirement for witnesses to a will.
- Conviction for any other crime is not a disqualification.
- NOTARY PUBLIC BEFORE WHOM THE WILL WAS ACKNOWLEDGED cannot be a considered as the third instrumental witness since he cannot acknowledge before himself his having signed the will. However, if the will is not being acknowledge before him he may be a witness to the will, provided he possesses all the qualifications of a competent witness.



REVOCATION OF WILL:


By implication of law
By some will, codicil, or other writing executed as provided in case of wills; or
By burning, tearing, canceling, or obliterating the will with the intention of revoking it, by the testator himself, or by some other person in his presence, and by his express direction. If burned, torn, cancelled, or obliterated by some other person, without the express direction of the testator, the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established according to the rules of court.



CODICIL


- is a supplement or addition to a will
- made AFTER the execution of a will
- annexed to be taken as a part thereof
- by which any disposition made in the original will is explained, added to, or altered
- In order to be effective, it shall be executed as in the case of a will.



WHEN CAN A DOCUMENT OR PAPER INCORPORATED TO A WILL CONSIDERED AS CODICIL:


The document or paper referred to in the will must be in existence at the time of the execution of the will;
The will must clearly describe and identify the same, stating among other things the number of pages thereof;
It must be identified by clear and satisfactory proof as the document or paper referred to therein; and
It must be signed by the testator and the witnesses on each and every page, except in case of voluminous books of account or inventories.



REPUBLICATION AND REVIVAL OF WILLS:


- Testator cannot republish, without reproducing in a subsequent will, the dispositions contained in a previous one which is void as to its form.
- Execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil.
- If AFTER making a will, the testator makes a SECOND WILL expressly REVOKING THE FIRST, the revocation of the second will DOES NOT revive the first will, which can be revived ONLY BY ANOTHER WILL or CODICIL.



REQUIREMENTS FOR PROBATE:


( in the probate of a holographic will )

At least 1 witness who knows the handwriting and signature of the testator
- explicitly declare that the will and the signature are in the handwriting of the testator.
If the will is contested, at least 3 of such witnesses shall be required.
In the absence of any competent witness referred to in the preceding paragraph, and if the court deem it necessary, expert testimony may be resorted to.



DISALLOWANCE OF WILLS:


If the formalities required by law have not been complied with;
If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution;
If it was executed through force or under duress, or the influence of fear, or threats;
If it was procured by undue and improper pressure and influence, on the part of the beneficiaries or of some other person;
If the signature of the testator was procured by fraud
If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto.


***VIOLENCE (Art. 1335)

- When in order to wrest consent, serious or irresistible force is employed.


***INTIMIDATION (Art. 1335)

- When one of the contracting parties
- is compelled by a reasonable and well grounded fear of an imminent and grave evil
- upon his person or property, or
- upon the person or property of his spouse, descendants or ascendants,
- to give his consent

***UNDUE INFLUENCE (Art. 1337)

- When the person takes improper advantage of his power
- Over the will of another,
- Depriving the latter of a reasonable freedom of choice.

***FRAUD (Art. 1338)

- When through insidious words
- Or machinations of one of the contracting parties,
- The other is induced to enter into a contract
- Which, without them, he would not have agreed to.

2004 Rules on Notary Practice

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:
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:
(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.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:
(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.
SEC. 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.
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:
(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.
SEC. 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.
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.
SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary” refer to any person commissioned to perform official acts under these Rules.
SEC. 10. Principal. - “Principal” refers to a person appearing before the notary public whose act is the subject of notarization.
SEC. 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.
SEC. 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 individual and shows to the notary public documentary identification.
SEC. 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.
SEC. 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.
SEC. 15. Court. - “Court” refers to the Supreme Court of the Philippines.
SEC. 16. Petitioner. - “Petitioner” refers to a person who applies for a notarial commission.
SEC. 17. Office of the Court Administrator. - “Office of the Court Administrator” refers to the Office of the Court Administrator of the Supreme Court.
SEC. 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.
SEC. 19. Vendor. - “Vendor” under these Rules refers to a seller of a notarial seal and shall include a wholesaler or retailer.
SEC. 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.
SEC. 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.
SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court.
SEC. 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.
SEC. 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
SEC. 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.
SEC. 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
SEC. 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 Certificate shall be presented to the Executive Judge for approval prior to use.
SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the following form:

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF_____________
CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL
This is to authorize (name of notary public) of (city or province) who was commissioned by the undersigned as a notary public, within and for the said jurisdiction, for a term ending, the thirty-first of December (year) to purchase a notarial seal.
Issued this (day) of (month) (year).
________________________
Executive Judge

SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall have only one official seal of office in accordance with these Rules.
SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court.
SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a Register of Notaries Public in his jurisdiction which shall contain, among others, the dates of issuance or revocation or suspension of notarial commissions, and the resignation or death of notaries public. The Executive Judge shall furnish the Office of the Court Administrator information and data recorded in the register of notaries public. The Office of the Court Administrator shall keep a permanent, complete and updated database of such records.
SEC. 13. Renewal of Commission. - A notary public may file a written application with the Executive Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. A mark, image or impression of the seal of the notary public shall be attached to the application.
Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public.
The notary public thus removed from the Register of Notaries Public may only be reinstated therein after he is issued a new commission in accordance with these Rules.
SEC. 14. Action on Application for Renewal of Commission. - The Executive Judge shall, upon payment of the application fee mentioned in Section 3 above of this Rule, act on an application for the renewal of a commission within thirty (30) days from receipt thereof. If the application is denied, the Executive Judge shall state the reasons therefor.
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) signature witnessings;
(5) copy certifications; and
(6) any other act authorized by these Rules.
(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if:
(1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument or document;
(2) both witnesses sign their own names in addition to the thumb or other mark;
(3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public"; and
(4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing.
(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if:
(1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf;
(2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document;
(3) both witnesses sign their own names ;
(4) the notary public writes below his signature: “Signature affixed by notary in presence of (names and addresses of person and two [2] witnesses)”; and
(5) the notary public notarizes his signature by acknowledgment or jurat.
SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction:
(1) public offices, convention halls, and similar places where oaths of office may be administered;
(2) public function areas in hotels and similar places for the signing of instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and
(4) any place where a party to an instrument or document requiring notarization is under detention.
(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document -
(1) is not in the notary's presence personally at the time of the notarization; and
(2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules.chan robles virtual law library
SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he:
(a) is a party to the instrument or document that is to be notarized;
(b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, except as provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree.chan robles virtual law library
SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if:
(a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former's knowledge of the consequences of the transaction requiring a notarial act; and
(c) in the notary's judgment, the signatory is not acting of his or her own free will.
SEC. 5. False or Incomplete Certificate. - A notary public shall not:
(a) execute a certificate containing information known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete.chan robles virtual law library
SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize:
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate notarial certification.
RULE V
FEES OF NOTARY PUBLIC
SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act, a notary public may charge the maximum fee as prescribed by the Supreme Court unless he waives the fee in whole or in part.

SEC. 2. Travel Fees and Expenses. - A notary public may charge travel fees and expenses separate and apart from the notarial fees prescribed in the preceding section when traveling to perform a notarial act if the notary public and the person requesting the notarial act agree prior to the travel.
SEC. 3. Prohibited Fees. – No fee or compensation of any kind, except those expressly prescribed and allowed herein, shall be collected or received for any notarial service.
SEC. 4. Payment or Refund of Fees. - A notary public shall not require payment of any fees specified herein prior to the performance of a notarial act unless otherwise agreed upon.
Any travel fees and expenses paid to a notary public prior to the performance of a notarial act are not subject to refund if the notary public had already traveled but failed to complete in whole or in part the notarial act for reasons beyond his control and without negligence on his part.
SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall issue a receipt registered with the Bureau of Internal Revenue and keep a journal of notarial fees. He shall enter in the journal all fees charged for services rendered.
A notary public shall post in a conspicuous place in his office a complete schedule of chargeable notarial fees.
RULE VI
NOTARIAL REGISTER
SECTION 1. Form of Notarial Register. - (a) A notary public shall keep, maintain, protect and provide for lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages.
The register shall be kept in books to be furnished by the Solicitor General to any notary public upon request and upon payment of the cost thereof. The register shall be duly paged, and on the first page, the Solicitor General shall certify the number of pages of which the book consists.
For purposes of this provision, a Memorandum of Agreement or Understanding may be entered into by the Office of the Solicitor General and the Office of the Court Administrator.
(b) A notary public shall keep only one active notarial register at any given time.
SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the notary shall record in the notarial register at the time of notarization the following:
(1) the entry number and page number;
(2) the date and time of day of the notarial act;
(3) the type of notarial act;
(4) the title or description of the instrument, document or proceeding;
(5) the name and address of each principal;
(6) the competent evidence of identity as defined by these Rules if the signatory is not
personally known to the notary;
(7) the name and address of each credible witness swearing to or affirming the person's identity;
(8) the fee charged for the notarial act;
(9) the address where the notarization was performed if not in the notary's regular place of work or business; and
(10) any other circumstance the notary public may deem of significance or relevance.
(b) A notary public shall record in the notarial register the reasons and circumstances for not completing a notarial act.
(c) A notary public shall record in the notarial register the circumstances of any request to inspect or copy an entry in the notarial register, including the requester's name, address, signature, thumbmark or other recognized identifier, and evidence of identity. The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded.
(d) When the instrument or document is a contract, the notary public shall keep an original copy thereof as part of his records and enter in said records a brief description of the substance thereof and shall give to each entry a consecutive number, beginning with number one in each calendar year. He shall also retain a duplicate original copy for the Clerk of Court.
(e) The notary public shall give to each instrument or document executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument or document the page/s of his register on which the same is recorded. No blank line shall be left between entries.
(f) In case of a protest of any draft, bill of exchange or promissory note, the notary public shall make a full and true record of all proceedings in relation thereto and shall note therein whether the demand for the sum of money was made, by whom, when, and where; whether he presented such draft, bill or note; whether notices were given, to whom and in what manner; where the same was made, when and to whom and where directed; and of every other fact touching the same.
(g) At the end of each week, the notary public shall certify in his notarial register the number of instruments or documents executed, sworn to, acknowledged, or protested before him; or if none, this certificate shall show this fact.
(h) A certified copy of each month's entries and a duplicate original copy of any instrument acknowledged before the notary public shall, within the first ten (10) days of the month following, be forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no entry to certify for the month, the notary shall forward a statement to this effect in lieu of certified copies herein required.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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 PhP 4,000 for the vendor and PhP 8,000 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 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.
SEC. 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.
SEC. 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.
SEC. 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 sanctions on the grounds mentioned in the preceding paragraphs (a) and (b).
SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all times exercise supervision over notaries public and shall closely monitor their activities.
SEC. 3. Publication of Revocations and Administrative Sanctions. - 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 been administratively sanctioned or whose notarial commissions have been revoked.
SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling the obligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the Executive Judge, upon being notified of such death, shall forthwith cause compliance with the provisions of these sections.
RULE XII
SPECIAL PROVISIONS
SECTION 1. Punishable Acts. - The Executive Judge shall cause the prosecution of any person who:
(a) knowingly acts or otherwise impersonates a notary public;
(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and
(c) knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct.
SEC 2. Reports to the Supreme Court. - The Executive Judge concerned shall submit semestral reports to the Supreme Court on discipline and prosecution of notaries public.
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
SECTION 1. Repeal. - All rules and parts of rules, including issuances of the Supreme Court inconsistent herewith, are hereby repealed or accordingly modified.
SEC. 2. Effective Date. - These Rules shall take effect on the first day of August 2004, and shall be published in a newspaper of general circulation in the Philippines which provides sufficiently wide circulation.
Promulgated this 6th day of July, 2004.
Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.

Ammendment to 2004 Rules on Notary Practice

Republic of the PhilippinesSUPREME COURTManila
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated February 19, 2008.
"A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. ? The Court Resolved, upon the recommendation of the Sub Committee on the Revision of the Rules Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules on Notarial Practice, to wit:
Rule II
DEFINITIONS
xxx
"Sec. 12. Component 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, such as but not limited to, passport, driver?s license, Professional Regulations Commission ID, National Bureau of Investigation clearance, police clearance, postal ID, voter?s ID, Barangay certification, Government Service and Insurance System (GSIS) e-card, Social Security System (SSS) card, Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID, OFW ID, seaman?s book, alien certificate of registration/immigrant certificate of registration, government office ID, certification from the National Council for the Welfare of Disable Persons (NCWDP), Department of Social Welfare and Development (DSWD) certification; or
(b) xxxx."
Quisumbing, J., on official leave. Ynares-Santiago, J., on leave.

Notary Public

LEGAL NOTESNotary Public
By Judge Gabriel T. InglesCebu Daily NewsFirst Posted 02:06pm (Mla time) 04/29/2008
There is no doubt that respondent violated the Code of Professional Responsibility and the Notarial Law when he failed to include a copy of the Deed of Sale in his Notarial Report, and for failing to require the parties to the deed to exhibit their respective community tax certificates. Doubts were cast as to the existence and due execution of the subject deed, thus undermining the integrity and sanctity of the notarization process and diminishing public confidence in notarial documents since the subject deed was introduced as an annex to the Affidavit of Title/Right of Possession of Third Party Claimant relative to NLRC Case No. RAB-CAR-12-0672-00.
A notary public is empowered to perform a variety of notarial acts, most common of which are the acknowledgment and affirmation of a document or instrument. In the performance of such notarial acts, the notary public must be mindful of the significance of the notarial seal as affixed on a document. The notarial seal converts the document from private to public, after which it may be presented as evidence without need for proof of its genuineness and due execution. Thus, notarization should not be treated as an empty, meaningless, or routinary act.
As early as Panganiban v. Borromeo, we held that notaries public must inform themselves of the facts which they intend to certify and to take no part in illegal transactions. They must guard against any illegal or immoral arrangements. It cannot be overemphasized that notarization of documents is not an empty, meaningless or routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries public. It is through the act of notarization that a private document is converted into a public one, making it admissible in evidence without need of preliminary proof of authenticity and due execution. Indeed, a notarial document is by law entitled to full faith and credit upon its face, and for this reason, notaries public must observe utmost care in complying with the elementary formalities in the performance of their duties. Otherwise, the confidence of the public in the integrity of this form of conveyance would be undermined.
Canon 1 of the Code of Professional Responsibility requires every lawyer to uphold the Constitution, obey the laws of the land and promote respect for the law and legal processes. Moreover, the Notarial Law and the 2004 Rules on Notarial Practice require a duly commissioned notary public to make the proper entries in his Notarial Register and to refrain from committing any dereliction or act which constitutes good cause for the revocation of commission or imposition of administrative sanction. Unfortunately, respondent failed in both respects. — Agagon vs. Bustamante, A.C. No. 5510, December 20, 2007

Legal Ethics Digests

CRISTETA D. ORFILA vs. ESTIFANA S. ARELLANO, H.R.M.O. II, respondent.

FACTS:
A heated argument ensued between Orfila and Arellano. Arellano slapped Orfila on her left cheek. Atty. Buendia, the Assistant Clerk of Court, was not present when the incident took place but learned of the same through a text message she received while she was on her way to the office. When she arrived, Atty. Maningas relayed to her what she had witnessed and instructed her verbally, and through a subsequent memorandum, to conduct an investigation on the matter. Atty. Maningas inhibited herself therefrom as Arellano was her kumadre. The Arellanos accused Orfila of falsification of public documents. The Arellanos further charged Orfila with the nonpayment of her loan and of conniving with Atty. Maningas and Atty. Buendia in harassing Arellano in order to evade payment of her obligation. Orfila denied the charges.
Meanwhile, complainants-spouses charged Atty. Maningas and Atty. Buendia of conspiracy, corruption and abuse of position.
HELD:
The conduct and behavior of everyone connected with the office charged with the administration of justice must at all times be characterized by propriety and decorum. The court will not tolerate misconduct committed by court personnel, particularly during office hours within the premises of the court. Such misconduct shows lack of respect for the court, and erodes the good image of the judiciary in the eyes of the public.
Although the slapping may not be work-related, the brazenness of her act is totally unacceptable and should not be countenanced. So is the lending of money by subordinates to superior officers. The same is punishable as a light offense under Section 22, Rule XIV of the Omnibus Rules implementing the Civil Service Law, as amended, and for which Arellano must likewise be penalized. Borrowing money from a subordinate is punishable as a light offense under Civil Service Law. Being the Clerk of Court of the RTC Manila, she was expected to know the Civil Service Law by heart as she had the duty to implement the same among her subordinates. For failing to measure up to the exacting standards of conduct required of her, she must be correspondingly penalized.
The Arellanos have not shown any positive and convincing evidence of conspiracy among Orfila, Atty. Maningas and Atty. Buendia to frame her up and to delay and/or deprive her of her retirement benefits.




REPUBLIC OF THE PHILIPPINES vs. HON. HENRICK F. GINGOYON
[G.R. No. 166429. December 19, 2005.]

FACTS:
The Ninoy Aquino International Airport Passenger Terminal III (NAIA 3) was conceived, designed and constructed to serve as the country's show window to the world. Despite the apparent completion of the terminal complex way back it has not yet been operated.
The case was raffled to the Pasay City RTC, presided by respondent judge Hon. Henrick F. Gingoyon (Hon. Gingoyon). Rep. Act No. 8974 applies in this case, particularly insofar as it requires the immediate payment by the Government of at least the proffered value of the NAIA 3 facilities to PIATCO and provides certain valuation standards or methods for the determination of just compensation. RTC erroneously applied the provisions of Rule 67 of the Rules of Court, instead of Rep. Act No. 8974, in ascertaining compliance with the requisites for the issuance of the writ of possession. The Government filed a Motion for Inhibition of Hon. Gingoyon. The RTC denied these motions in an Omnibus Order.
Hence, this Petition for Certiorari and Prohibition for the nullification of the RTC orders and for the inhibition of Hon. Gingoyon from taking further action on the expropriation case.
HELD:
As a general rule, repeated rulings against a litigant, no matter how erroneous and vigorously and consistently expressed, are not a basis for disqualification of a judge on grounds of bias and prejudice. Extrinsic evidence is required to establish bias, bad faith, malice or corrupt purpose, in addition to the palpable error which may be inferred from the decision or order itself.
This court has an inherent power to reverse itself, especially when in its honest opinion it has committed an error or mistake in judgment, and that to adhere to its decision will cause injustice to a party litigant. Incompetence may be a ground for administrative sanction, but not for inhibition, which requires lack of objectivity or impartiality to sit on a case.
The mere vehemence of the Government's claim of bias does not translate to clear and convincing evidence of impairing bias. There is no sufficient ground to direct the inhibition of Hon. Gingoyon from hearing the expropriation case. There is no basis for the Court to direct the inhibition of Hon. Gingoyon.