Re: 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC)

November 25, 2004

SUPREME COURT MEMORANDUM ORDER NO. 75-04

  RE : 2004 Rules on Notarial Practice  

The attention of the Court has been called to some problems relating to the implementation of the 2004 Rules on Notarial Practice, among which are the provisions which cannot be complied with or cannot be implemented as yet such as the use of new dry seals and seal image. These problems have been dealt with in a Resolution dated August 24, 2004 1 issued by the Court En Banc, which is quoted hereunder:

"A.M. No. 02-8-13-SC. Re: 2004 Rules on Notarial Practice. — The Court Resolved to DECLARE that

(a) Notaries Public who have been commissioned prior to 1 August 2004 can continue with their work until the expiration of their commission;

(b) Incumbent Notaries Public should follow the new rules that can be complied with; and

(c) A contrario, incumbent Notaries Public need not comply with the rules that cannot yet be enforced such as the use of new dry seals and seal image and new forms of notarial registers.

The Court further Resolved to DIRECT the Office of the Court Administrator to immediately take all steps to facilitate the early implementation of the 2004 Rules on Notary Practice in coordination with the Office of the Solicitor General and the Executive Judge. STADIH

The Court moreover Resolved to NOTE the (a) Letter dated 16 August 2004 of Attys. Eusebio V. Tan and Romulo A. Espaldon, Jr. of Angara Abello Concepcion Regala & Cruz Law Offices and (b) Letter dated 17 August 2004 of Atty. Roberto E. Examen, President, IBP, Sultan Kudarat Chapter, Poblacion, Isulan, Sultan Kudarat, both requesting advise and/or clarification relative to the implementation of the 2004 Rules on Notarial Practice. "

It appears that the above en banc Resolution has not been fully disseminated, hence, the continuing clarificatory letters from affected parties. The Court thus finds the necessity to more fully circularize and publicize the said en banc Resolution. For this purpose, the Court Administrator is instructed to circularize the said Resolution to all Judges, especially the Executive Judges; the Integrated Bar of the Philippines to do the same to all lawyers; and the Public Information Office to make parallel efforts to disseminate the information to the public.

Submission of compliance herewith shall be submitted to the Court, through the Clerk of Court, within thirty (30) days from notice.

November 25, 2004.

 

(SGD.) REYNATO S. PUNOActing Chief Justice

Footnotes

1. Circularized by the Office of the Court Administrator through OCA Circular No. 109-2004 dated September 14, 2004.