Re: 2004 Rules on Notarial Practice
The Supreme Court of the Philippines approved guidelines for the implementation of notarial practices as per the Memorandum of Agreement between the Office of the Court Administrator (OCA) and the Office of the Solicitor General. Notaries public are required to obtain their notarial registers from designated offices depending on their jurisdiction, with a set price of P1,200 per register. A separate fiduciary fund, the Notarial Register Fund, will manage the proceeds from these sales, and withdrawals will require authorization from the Chief Justice. In the interim, notaries may use temporary forms with the approval of their respective executive judges until new notarial books are available. The guidelines will be disseminated through a circular following their approval.
August 15, 2006 1
EN BANC
A.M. No. 02-8-13-SC
RE: 2004 RULES ON NOTARIAL PRACTICE
RESOLUTION
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 2 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. EacHCD
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: cAEDTa
a.In the National Capital 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.
xxx xxx xxx.
(SGD.) MA. LUISA D. VILLARAMAClerk of Court
Footnotes
1.Circularized through OCA Circular No. 157-2006 dated November 16, 2006.
2.The price is subject to adjustments depending on printing and distribution costs.