Re: 2004 Rules on Notarial Practice (Additional Guidelines for the Implementation of the MOA Between OCA and OSG on Notarial Registers)

February 12, 2008

EN BANC

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

RE: 2004 RULES ON NOTARIAL PRACTICE (ADDITIONAL GUIDELINES FOR THE IMPLEMENTATION OF THE MOA BETWEEN OCA AND OSG ON NOTARIAL REGISTERS)

Sirs/Mesdames :

Quoted hereunder, for your information, is a resolution of the Court En Banc dated February 12, 2008.

"A.M. No. 02-8-13-SC. — Re: 2004 Rules on Notarial Practice (Additional Guidelines for the Implementation of the MOA Between OCA and OSG on Notarial Registers). — The Court Resolved to NOTE the Letters, all dated January 28, 2008, of (Ret.) Justice Jose C. Vitug, Chairperson, Sub Committee on the Revision of Rules Governing Notaries Public, relative to the (a) printing and distribution of notarial registers, particularly on the payment of shipping charges for notarial registers when sold in the provinces; (b) expediency of proposing amendments to Sec. 12 [a] "Competent Evidence of identity," Rule II, Definitions [of Terms]; and (c) recommendation for Justice Regalado E. Maambong to be a Member of the Sub Committee on the Revision of Rules Governing Notaries Public.

The Court further Resolved, upon the recommendation of the Sub-Committee on the Revision of Rules Governing Notaries Public, to:

(a) APPROVE the following Guidelines on the Printing and Distribution of Notarial Registers, particularly on the payment of shipping charges for notarial registers, and in line with the resolution of August 15, 2006 in A.M. No. 02-8-13-SC Re: 2004 Rules on Notarial Practice, to wit: HASDcC

(1) A fixed rate of Fifty Pesos (P50.00) per notarial book purchased shall be charged irrespective of the distance from point of origin to the point of destination (SC-Luzon/Visayas/Mindanao).

Should there be an increase in the shipping charge by the contracted freight forwarders, proper adjustments shall be made in the fixed rate and the Clerk of Court (CoC)/Accountable Officer shall be notified accordingly by this Office.

The shipping charge shall be added to the cost of the notarial register (P1,200.00 + P50.00) so the total amount to be collected per notarial register shall be One Thousand Two Hundred Fifty Pesos (P1,250.00).

The CoC/OIC shall properly indicate in the Office Receipt (OR) to be issued, the collection of One Thousand Two Hundred Pesos (P1,200.00) for the cost of printing and binding of notarial registers and the collection of Fifty Pesos (P50.00) for shipping cost/charge per notarial book purchased.

The Ors requisitioned from the Property Division, Office of Administrative Services, Office of the Court Administrator shall be used for this purpose.

(2) All collections for the shipping cost/charges shall be deposited to the account of the NRF in the Land Bank of the Philippines (LBP) Savings Account (SA) No. 3472-1000-32.

(3) The Court Administrator and the Chief of the Financial Management Office (FMO) are authorized to withdraw and disburse the amount collected for payment of the shipping charges incurred in transporting the notarial books.

(b) DESIGNATE Justice Regalado E. Maambong as Member of the Sub Committee on the Revision of Rules Governing Notaries Public, being a jurist well-versed in procedural law, and for having shown remarkable dedication and enthusiasm when he served as a Member of the Sub-Committee that drafted the "2004 Rules on Notarial Practice." (adv126) IScaAE

Very truly yours,

 

(SGD.) MA. LUISA D. VILLARAMAClerk of Court