Re: 2004 Rules on Notarial Practice

January 11, 2005

EN BANC

A.M. No. 02-8-13-SC

RE: 2004 RULES ON NOTARIAL PRACTICE

RESOLUTION

The Court Resolved to

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(d) NOTE the Letter dated 13 December 2004 of Court Administrator Velasco, Jr., forwarding the draft Memorandum of Agreement between the Office of the Court Administrator and the Office of the Solicitor General on the printing of Notarial Registers; and

(e) NOTE and APPROVE the aforesaid draft Memorandum of Agreement, to wit:

MEMORANDUM OF AGREEMENT

KNOW ALL PERSONS BY THESE PRESENTS:

This Memorandum of Agreement jointly formulated and entered into by and between:

The Office of the Court Administrator, represented herein by the Honorable Presbitero J. Velasco, Jr., the Court Administrator, hereinafter referred to as the OCA;

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The Office of the Solicitor General, represented herein by the Honorable Alfredo L. Benipayo, the Solicitor General, hereinafter referred to as the OSG; cSICHD

WITNESSETH THAT:

WHEREAS, the OCA was created as an office in the Supreme Court to assist the Court in the exercise of its power of administrative supervision as provided under Section 6, Article VIII of the Constitution;

WHEREAS, the Supreme Court has issued the 2004 Rules on Notarial Practice and pursuant thereto has authorized the OCA to enter into a Memorandum of Agreement with the OSG for the effective and efficient implementation of said Rules particularly Rule VI thereof;

WHEREAS, pursuant to said Rule VI, the National Register shall be kept in books to be furnished by the Solicitor General and that said register shall be duly paged, and on the first page, the Solicitor General shall certify the number of pages of each book;

WHEREAS, the Supreme Court has adequate facilities for the printing of said notarial registers and the OCA, which has under its administrative supervision all courts and the personnel as provided in Section 6, Article VIII of the Constitution, can more expeditiously and conveniently furnish the notarial registers to any notary public all over the country.

NOW, THEREFORE, the OCA and the OSG have formulated and mutually agreed as follows:

(1) The Notarial Books shall henceforth be printed by the Supreme Court Printing Office or any other printing press authorized by it.

(2) The OSG hereby delegates to the OCA its responsibility with respect to the printing and distribution of the notarial books as prescribed under Rule VI of the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and the Court Administrator shall henceforth ensure that Notarial Registers shall be duly paged and shall certify the number of pages in each book.

(3) The OCA shall then be responsible for distributing the same to the Executive Judges all over the country who in turn will make the same available to any notary public upon request and upon payment of the cost thereof. STcAIa

(4) The parties shall determine the price of the Notarial Book and shall remit to the OSG on a quarterly basis ten percent (10%) thereof as the latter's share out of the sale of said registers.

IN WITNESS WHEREOF, the parties thru their respective representatives have affixed their signatures hereon this _____ day of _____________ 2005.

 

(SGD.) HON ALFREDO L. BENIPAYOSolicitor General

(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator