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AMENDMENTS TO 2004 RULES ON NOTARIAL PRACTICE Supreme Court En Banc Resolution (March 4, 2025) A.M. No. 02-8-13-SC

  • Writer: Yasser Aureada
    Yasser Aureada
  • Jun 2
  • 3 min read



I. PURPOSE AND CONTEXT


The Supreme Court issued this resolution in line with its push for digital transformation of judicial processes and to modernize notarial practice in the Philippines. The Court directed the Office of the Court Administrator (OCA) and the Management Information Systems Office (MISO) to capacitate court personnel and facilities to host, accept, store, and archive notarized documents in PDF or PDF/A format.



II. KEY AMENDMENTS TO THE RULES


RULE III – Commissioning of Notary Public

Section 2 – Petition and Supporting Documents A petition for notarial commission must now include:

  • Personal details (birthdate, residence, contact info)

  • Valid and professional email address of record (required)

  • Compliance numbers:

    • IBP Number

    • PTR

    • Roll No.

    • MCLE Compliance

    • Unified Legal Aid Service (ULAS) compliance

  • Unretouched passport-size photos

  • Proof of payment

  • Certification of good moral character by two (2) IBP chapter officers


Emphasis: The Court stresses professionalism and accountability by requiring validated credentials and ethical endorsements.


Section 15 – Email Address as Part of the Notarial Record

  • Each notary must register a valid professional email with the Executive Judge.

  • Personal/non-professional emails are strictly prohibited.

  • Changes to the registered email must be reported immediately.

  • Failure to comply may result in non-renewal of commission.


Rationale: Ensures confidentiality, authenticity, and secure communications, particularly for electronic document submissions.



III. RULE V – Fees of Notary Public


Section 3 – Prohibited Fees Notaries cannot charge any fee for:

  • Digitization of documents

  • Transmittal or storage

  • Costs associated with e-copy submissions


Note: This provision protects the public from being charged for compliance-related tasks, which are now part of a notary’s official duty.



IV. RULE VI – Notarial Register


Section 2(d) – Recordkeeping and PDF Standards Notaries must:

  • Keep original paper records

  • Prepare a duplicate PDF copy of each notarized document:

    • Full-color, legible, exact reproduction

    • Must not be split across files

    • One PDF file per document

    • File name must reflect title, date, and parties

    • Must serve as the official Clerk of Court copy


These PDFs must be submitted monthly to the Clerk of Court via the registered professional email only.


Transmittal Format Required

Subject: Notary Report of [Name of Notary Public] for [Month and Year]

Body:

  • Date and method of submission

  • Number of documents

  • List of titles or designations of notarized instruments


Important: ZIP, RAR, and external cloud links are not allowed. Files must be sent as direct PDF attachments.


If file size exceeds email limits:

  • Submit in batches

  • Indicate clearly in the subject line (e.g., Batch 1 of 3, Batch 2 of 3, etc.)



V. Section 7 – Mandatory Transmittal to Signatories


  • Notaries must also send a digital copy to each signatory within 5 days.

  • Signatories may waive receipt, which implies waiver of objections to the reproduction.

  • If a signatory finds discrepancies, they must promptly notify the notary in writing.


Non-compliance Penalties:

  • Non-renewal of commission

  • Temporary disqualification

  • Permanent revocation of commission (for willful violations)



VI. RULE VII – Signature and Seal of a Notary Public


  • Seal must be metal, circular, and include:

    • Name, city, roll number, and “notary public”

  • Official seal must be:

    • Photographically reproducible

    • Visible when scanned

    • Placed beside the signature on the certificate


Note: Stamps or secondary images are not valid substitutes.



VII. RULE XII – Special Provisions


Section 3 – Digitization of Court Archives

Courts holding duplicate originals must:

  • Conduct an inventory and assessment

  • Submit a report to the OCA and MISO

  • Determine the feasibility of digitizing notarial archives for preservation of:

    • Signatures

    • Thumbmarks

    • Seals


This supports the long-term plan of full digitization of notarial records across the judiciary.



CONCLUSION


The 2025 Amendments to the 2004 Rules on Notarial Practice represent a major shift toward a digital, transparent, and secure notarial system in the Philippines. These changes:

  • Protect the integrity of notarial acts

  • Promote public access and accountability

  • Align notarial practice with the Supreme Court’s eCourt and digitalization roadmap



 
 
 

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