CIRCULAR NO.
1-90 February 26, 1990
TO: ALL JUDGES OF THE METROPOLITAN TRIAL COURTS (METC), MUNICIPAL TRIAL COURTS IN
CITIES (MTCC), MUNICIPAL TRIAL COURTS (MTC), MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)
SHARI'A COURTS, AND THE INTEGRATED BAR OF THE PHILIPPINES (IBP)
SUBJECT: POWER OF THE MUNICIPAL TRIAL COURT JUDGES AND MUNICIPAL CIRCUIT TRIAL
COURT JUDGES TO ACT AS NOTARIES PUBLIC EX OFFICIO
For the information and guidance of all concerned, quoted hereunder, is the Resolution of the Court En
Banc, dated December 19, 1989, in Administrative Matter No. 89-11-1303 MTC, "Re: Request for
clarification on the power of municipal trial court judges and municipal circuit trial court judges to act as
Notaries Public Ex Officio":
Acting on a query regarding the power of municipal trial court judges and municipal circuit trial
court judges to act in the capacity of notaries public ex officio in the light of the 1989 Code of
Judicial Conduct, the Court Resolved to issue a clarification on the matter.
Municipal trial court (MTC) and municipal circuit trial court (MCTC) judges are empowered to
perform the function of notaries public ex officio under Section 76 of Republic Act No. 296, as
amended (otherwise known as the Judiciary Act of 1948) and Section 242 of the Revised
Administrative Code. But the Court hereby lays down the following qualifications on the scope
of this power:
MTC and MCTC judges may act as notaries public ex officio in the notarization of documents
connected only with the exercise of their official functions and duties [Borne v. Mayo, Adm.
Matter No. 1765-CFI, October 17, 1980. 100 SCRA 314; Penera v. Dalocanog, Adm. Matter No.
2113-MJ, April 22, 1981, 104 SCRA 193.] They may not, as notaries public ex officio, undertake
the preparation and acknowledgment of private documents, contracts and other acts of
conveyances which bear no direct relation to the performance of their functions as judges. The
1989 Code of Judicial Conduct not only enjoins judges to regulate their extra-judicial activities
in order to minimize the risk of conflict with their judicial duties, but also prohibits them from
engaging in the private practice of law (Canon 5 and Rule 5.07).
However, the Court, taking judicial notice of the fact that there are still municipalities which
have neither lawyers nor notaries public, rules that MTC and MCTC judges assigned to
municipalities or circuits with no lawyers or notaries public may, in the capacity as notaries
public ex officio, perform any act within the competency of a regular notary public, provided
that: (1) all notarial fees charged be for the account of the Government and turned over to the
municipal treasurer (Lapena, Jr. vs. Marcos, Adm. Matter No. 1969-MJ, June 29, 1982, 114
SCRA 572); and, (2) certification be made in the notarized documents attesting to the lack of
any lawyer or notary public in such municipality or circuit.
Guidelines relative to printing and distribution of notarial books, 2004 Rules on Notarial Practice, A.M.
No. 02-8-13-SC, SC En Banc Resolution dated August 15, 2006
Re: 2004 Rules on Notarial Practice
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated AUG 15 2006.
“A.M. No. 02-8-13-SC.- Re: 2004 Rules on Notarial Practice.- The Court Resolved to
(a) APPROVE the Proposed Guidelines in the Implementation of the Provisions of the Memorandum of
Agreement between the Office of the Court Administrator and the Office of the Solicitor General relative
to printing and distribution of Notarial Books, to wit:
1. Notaries public who render legal and notarial services within the National Capital Judicial
Region shall secure their notarial registers from the Property Division, Office of the Administrative
Services of the Office of the Court Administrator (OCA).
2. Notaries public in other judicial regions shall secure their notarial registers from the Office of
the Clerk of Court (OCC) of the Regional Trial Court (RTC) of the city or province under the
supervision of the Executive Judge who issued their respective notarial commissions. However,
they may also secure notarial registers from the Office of the Court Administrator.
3. Notarial registers shall be available at P1,200.00[1][1] each. Said amount shall cover only the
costs of printing and binding of the notarial registers exclusive of shipping charges when sold in
the provinces. Payments shall be made either to the Cash Division, Financial Management Office,
OCA, or to the Clerk of Court/accountable officer in the OCC of the RTC, as the case may be.
a. The amount collected shall be receipted and deposited to a separate account of the
fiduciary fund to be known as the “Notarial Register Fund” (NRF).
b. The Cash Division, FMO, OCA, shall maintain with the Land Bank of the Philippines a
separate special account of the fiduciary fund specifically for the NRF. A separate
cashbook shall also be kept and maintained for the fund. Withdrawals of deposits shall be
made only upon authorization or approval by the Chief Justice or his duly authorized
representative.
c. The Court Administrator and the Financial Office of the OCA shall be the authorized
signatories for this fund.
4. In view of the current unavailability of notarial registers, notaries public shall be allowed to use
the temporary form attached hereto. The notary public concerned shall file a written request to
use the improvised form with the executive judge that issued his commission. A copy of his
current commission shall be attached to such request.
The notaries public who have been authorized to use such forms shall have them book-bound and
initialed on each and every page by the executive judge before whom the request was filed. Each
bound copy shall have a maximum of 106 pages and shall be treated and used in the same
manner as the new notarial book.
Each request shall be limited to one bound copy. Should the bound copy be used up before the
new notarial books are available, the notary public concerned may request anew for the use of
bound temporary forms. The use of bound temporary forms shall end when the new notarial
books are available but, upon written request, the executive judge may allow the notary public to
use up the bound temporary forms.
5. The OCA shall, within the first ten (10) days of the first month of every quarter remit to the
Office of the Solicitor General an amount equivalent to 10% of the gross collections during the
preceding quarter as the share of the OSG in the sale of the notarial registers.
6. The printed certification of the Court Administrator as to the number of pages of each notarial
register shall be countersigned by the following:
a. In the National Capital Judicial Region, the official of the Office of the Court
Administrator authorized by the Court Administrator to so countersign; and
b. In the case of the other judicial regions, the Clerk of Court of the Regional Trial Court of
the city or province where such book has been obtained for cost.
 7. The Supreme Court Printing Office shall print the notarial registers. In the event the Printing
Office cannot meet the requirements of the OCA, and subject to Republic Act No. 9184
(Government Procurement Reform Act), its implementing rules and regulations, and existing
Supreme Court issuances on procurement, the Court Administrator may contract out the printing
of notarial registers to the following printers in the following order:
a. UP Printing Services
b. The National Printing Office, or
c. Private printing firm
The OCA shall resort to the third option only if the first two printers can not accommodate the
requirements of the Court.
After the approval by the Court of these guidelines, the OCA shall disseminate the same through a
circular.
(b) DENY for lack of merit the motion filed by Chief Public Attorney Persida V. Rueda-Acosta, praying for
a reconsideration of the resolution of January 31, 2006 which denied her request for the exemption of
PAO lawyers from the payment of the fees for notarial commission and for the exemption of their clients
from the payment of filing fees;
(c) NOTE the letter dated September 5, 2005 of Mr. Prescillano Y. Aguinias, Jr.;
(d) CONFIRM the opinions of then Court Administrator Presbitero J. Velasco, Jr. and Deputy Court
Administrator Jose P. Perez that the Court does not render advisory opinions;
(e) INFORM Mr. Agunias, Jr. that neither does the Subcommittee on Revision of Rules Governing
Notaries Public render advisory opinions;
(f) AUTHORIZE the Clerks of Court of the Regional Trial Courts to notarize not only documents relating to
the exercise of their official functions but also private documents, subject to the following conditions: (i)
all notarial fees charged in accordance with Section 7(o) of Rule 141 of the Rules of Court, and, with
respect to private documents, in accordance with the notarial fee that the Supreme Court may prescribe
in compliance with Section 1, Rule V of the 2004 Rules on Notarial Practice, shall be for the account of
the Judiciary and (ii) they certify in the notarized documents that there are no notaries public within the
territorial jurisdiction of the Regional Trial Court;
(g) DIRECT the Court Administrator to issue a circular for the purpose of implementing the above
authority; and
(h) ADOPT a consolidated and uniform rate of fees for notarial services.” Corona, J., on leave. Azcuna, J.,
abroad on official business.
Very truly yours,
(SGD.) MA. LUISA D. VILLARAMA
Clerk of Court
RULE II
DEFINITIONS
SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in which an individual on a single
occasion:chanroblesvirtuallawlibrary
(a) appears in person before the notary public and presents an integrally complete instrument or
document;
chan robles virtual law library
(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 -
chan robles virtual law library
(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: 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:chanroblesvirtuallawlibrary
(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:chanroblesvirtuallawlibrary
(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. 12. Competent Evidence of Identity. - The phrase “competent evidence of identity” refers to the
identification of an individual based on:chanroblesvirtuallawlibrary
(a) at least one current identification document issued by an official agency bearing the photograph and
signature of the individual; or chan robles virtual law library
(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 chan robles virtual law library
(c) signs the instrument or document in the presence of the notary public
RULE IV
POWERS AND LIMITATIONS OF NOTARIES PUBLIC
SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial
acts:chanroblesvirtuallawlibrary
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats; chan robles virtual law library
(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:chanroblesvirtuallawlibrary
(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 chan robles virtual law library
(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:chanroblesvirtuallawlibrary
(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.