What Is the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC)?

The 2004 Rules on Notarial Practice (formally A.M. No. 02-8-13-SC) is the Supreme Court issuance that governs the commissioning, qualifications, powers, duties, and discipline of notaries public in the Philippines. It took effect on 1 August 2004 and replaced the older notarial regime under the Revised Administrative Code.

What the Rules Cover

The 2004 Rules are the foundational text for traditional (paper-based) notarial practice in the Philippines. They cover:

1. Qualifications and commissioning of notaries public
2. Powers and limitations – which notarial acts a notary may perform
3. Forms – prescribed forms for acknowledgment, jurat, and other acts
4. Identification – the competent evidence of identity requirement
5. Recordkeeping – the notarial book and notarial register
6. Seal and signature – the physical notarial seal and how it must be affixed
7. Reporting – monthly reports to the Executive Judge / OCA
8. Disqualifications – when a notary cannot act (party in interest, relatives within certain degrees)
9. Revocation and discipline – grounds and procedure
10. Fees – maximum fees a notary may charge

Key Concepts Introduced or Codified

Competent Evidence of Identity

The 2004 Rules formalized the requirement that a notary verify identity using a current government-issued photo ID with signature – or, alternatively, the oath of a credible witness. See competent evidence of identity.

Personal Appearance

The 2004 Rules made it explicit that the principal must personally appear before the notary at the time of notarization. Notarizing a document brought in by a third party is grounds for revocation.

Standardized Forms

The Rules prescribe standard forms for acknowledgment and jurat certificates, replacing inconsistent local practice.

Two-Year Commission, Limited Jurisdiction

A notarial commission is valid for two years and is limited to the city or province of the commissioning Executive Judge. A notary cannot perform notarial acts outside this jurisdiction.

Recordkeeping

The Rules require strict, contemporaneous recordkeeping in a paper notarial book, with chronological numbering and complete entries.

How It Interacts with E-Notarization

The 2004 Rules govern paper, in-person notarial practice. They were not designed for electronic documents or remote appearance.

A.M. No. 24-10-14-SC, the 2024 Rules on Electronic Notarization, was issued specifically to address the gap. It does not repeal the 2004 Rules – it operates alongside them. A lawyer holding a traditional notarial commission under the 2004 Rules can apply for a separate commission as an Electronic Notary Public under A.M. No. 24-10-14-SC and run both practices in parallel.

The two regimes share the underlying conceptual framework – acknowledgment, jurat, copy certification, competent evidence of identity, personal appearance (in person or by audiovisual link) – but apply them to different document formats.

Why It Still Matters

Even with the rise of e-notarization, the 2004 Rules continue to govern:

• All paper notarizations across the Philippines
• The conceptual definitions (acknowledgment, jurat, competent evidence of identity, personal appearance) carried into the e-notarization rules
• Discipline and revocation of all notarial commissions, including (by analogy) electronic commissions
• The forms used in e-notarization, which adapt the 2004 Rules’ prescribed certificates to electronic format

Related Terms

• A.M. No. 24-10-14-SC
• Notary Public
• Electronic Notary Public
• Acknowledgment
• Jurat
• Competent Evidence of Identity

NotarialOS is a leading SC-accredited Electronic Notarization Facility built around both the 2004 Rules on Notarial Practice and the 2024 Rules on Electronic Notarization.