JAR - Notarial - Small Claims

8/10/2019 JAR - Notarial - Small Claims

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A.M. No. 12-8-8-SCJUDICIAL AFFIDAVIT RULE

Whereas, case congestion and delays plague most courts in cities, given the huge volumeof cases filed each year and the slow and cumbersome adversarial syste1n that the

judiciary has in place;

Whereas , about 40% of criminal cases are dismissed annually owing to the fact that

complainants simply give up con1ing to court after repeated postponements;

Whereas , few foreign businessmen make long-term investments in the Philippines becauseits courts are unable to provide ample and speedy protection to their investments, keepingits people poor;

Whereas , in order to reduce the time needed for completing the testimonies of witnessesin cases under litigation, on February 21, 2012 the Supreme Court approved for piloting bytrial courts in Quezon City the compulsory use of judicial affidavits in place of the directtestimonies of witnesses;

Whereas , it is reported that such piloting has quickly resulted in reducing by about two-

thirds the time used for presenting the testimonies of witnesses, thus speeding up thehearing and adjudication of cases;

Whereas , the Supreme Court Committee on t he Revision of the Rules of Co urt, headed bySenior Associate Justice Antonio T. Carpio, and the Sub-Co mmittee on the Revision of theRules on Civil Procedure, headed by Associate Justice Roberto A. Abad, have recommendedfor adoption a Judicial Affidavit Rule that will replicate nationwide the success of theQuezon City experience in the use of judicial affidavits; and

Whereas , the Supreme Court En Banc finds merit in the recommendation;

NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the

following:

Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidentsrequiring the reception of evidence before:

(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities,the Municipal Trial Courts, the Municipal Circuit Trial Courts, and theShari' a Circuit Courts but shall not apply to small claims cases underA.M. 08-8-7-SC;

(2) The Regional Trial Courts and the Shari'a District Courts;

(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals,and the Shari'a Appellate Courts;

(4) The investigating officers and bodies authorized by the SupremeCourt to receive evidence, including the Integrated Bar of the Philippine(IBP); and

(5) The special courts and quasi-judicial bodies, whose rules of

procedure are subject to disapproval of the Supreme Court, insofar astheir existing rules of procedure contravene the provisions of this Rule .1

(b) For the purpose of brevity, t he above courts, quasi-judicial bodies, orinvestigating officers shall be uniformly referred to here as the "court."

Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. - (a)The parties shall file with the court and serve on the adverse party, personally or bylicensed courier service, not later than five days before pre-trial or preliminary conferenceor the scheduled hearing with respect to motions and incidents, the following:

(1) The judicial affidavits of their witnesses, which shall take t he place

of such witnesses' direct testimonies; and

(2) The parties' docun1entary or object evidence, if any, which shall beattached to the judicial affidavits and marked as Exhibits A, B, C, and soon in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3,and so on in the case of the respondent or the defendant.

(b) Should a party or a witness desire to keep the original document or objectevidence in his possession, he may, after the same has been identified, marked asexhibit, and authenticated, warrant in his judicial affidavit that the copy orreproduction attached to such affidavit is a faithful copy or reproduction of thatoriginal. In addition, the party or witness shall bring the original document or

object evidence for comparison during the preliminary conference with theattached copy, reproduction, or pictures, failing which the latter s hall not beadmitted.

This is without prejudice to the introduction of secondary evidence in place of the originalwhen allowed by existing rules.

Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be prepared in t helanguage known to the witness and, if not in English or Filipino, accompanied by atranslation in English or Filipino, and shall contain t he following:

(a) The name, age, residence or business address, and occupation of the witness;
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(b) The name and address of the lawyer who conducts or supervises theexamination of the witness and the place where the examination is being held;

(c) A statement that the witness is answering the questions asked of him, fullyconscious that he does so under o ath, and that he may face criminal liability forfalse testimony or perjury;

(d) Questions asked of the witness and his corresponding answers, consecutively

numbered, that:

(1) Show the circumstances under which the witness acquired the factsupon which he testifies;

(2) Elicit from him those facts which are relevant to the issues that thecase presents; and

(3) Identify the attached documentary and object evidence andestablish their authenticity in accordance with the Rules of Court;

(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who administers the oath or anofficer who is authorized by law to administer the same.

Section 4. Sworn attestation of the lawyer. - (a) The judicial affidavit shall contain a swo rnattestation at the end, executed by the lawyer who conducted or supervised theexamination of the witness, to the effect that:

(1) He faithfully recorded or caused to be recorded the questions heasked and the corresponding answers that the witness gave; and

(2) Neither he nor any other person then present or assisting himcoached the witness regarding the latter's answers.

(b) A false attestation shall subject the lawyer mentioned to d isciplinary action,including disbarment.

Section 5. Subpoena. - If the gov ernment employee or official, or the requested witness,who is neither the witness of the adverse party nor a hostile witness, unjustifiably declinesto execute a judicial affidavit or refuses without just cause to make the relevant books,documents, or other things under his control available for copying, authentication, andeventual production in court, the requesting party may avail himself of the issuance of asubpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court. The rulesgoverning the issuance of a subpoena to the witness in this case shall be the same as when

taking his deposition except that the taking of a judicial affidavit shal1 be understood tobe ex parte .

Section 6. Offer of and objections to testimony in judicial affidavit. - The party presentingthe judicial affidavit of his witness in place of direct testimony shall state the purpose ofsuch testimony at the start of the presentation of the witness. The adverse party may moveto disqualify the witness or to strike out his affidavit or any of the answers found in it onground of inadmissibility. The court shall promptly rule on the motion and, if granted, shallcause the marking of any excluded answer by placing it in brackets under the initials of anauthorized court personnel, without prejudice to a tender of excluded evidence underSection 40 of Rule 132 of the Rules of Court.

Section 7. Examination of the witness on his judicial affidavit. - The adverse party shall havethe right to cross-examine the witness o n his judicial affidavit and on the exhibits attachedto the same. The party who presents the witness may also examine him as on re-direct. Inevery case, the court shall take active part in examining the witness to determine hiscredibility as well as the truth o f his testimony and to elicit the answers that it needs forresolving the issues.

Section 8. Oral offer of and objections to exhibits. - (a) Upon the termination of thetestimony of his last witness, a party shall immediately make an oral offer of evidence ofhis documentary or object exhibits, piece by piece, in their chronological order, stating thepurpose or purposes for which he offers the particular exhibit.

(b) After each piece of exhibit is offered, the adverse party shall state the legalground for his objection, if any, to its admission, and the court shall immediatelymake its ruling respecting that exhibit.

(c) Since the documentary or object exhibits form part of the judicial affidavitsthat describe and authenticate them, it is sufficient t hat such exhibits are simplycited by their markings during th e offers, the objections, and the rulings,dispensing with the description of each exhibit.

Section 9. Application of rule to criminal actions. - (a) This rule shall apply to all criminalactions:

(1) Where the maximum of the imposable penalty does not exceed sixyears;

(2) Where the accused agrees to the use of judicial affidavits,irrespective of the penalty involved; or

(3) With respect to the civil aspect of the actions, whatever thepenalties involved are.


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(b) The prosecution shall submit the judicial affidavits of its witnesses not laterthan five days before the pre-trial, serving copies if the same upon the accused.The complainant or public prosecutor shall attach to the affidavits suchdocumentary or object evidence as he may have, marking them as Exhibits A, B,C, and so on. No further judicial affidavit, documentary, or object evidence shallbe admitted at the trial.

(c) If the accused desires to be heard on his defense after receipt of the judicialaffidavits of the prosecution, he shall have the option to submit his judicialaffidavit as well as those of his witnesses to the court within ten days fromreceipt of such affidavits and serve a copy of each on the public and privateprosecutor, including his documentary and object evidence previously marked asExhibits 1, 2, 3, and so on. These affidavits shall serve as direct testimonies of theaccused and his witnesses when they appear before the court to testify.

Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A party who failsto submit the required judicial affidavits and exhibits on time shall be deemed to havewaived their submission. The court may, however, allow only once the late submission ofthe same provided, the delay is for a valid reason, would not unduly prejudice the o pposingparty, and the defaulting party pays a fine of not less than P 1,000.00 nor more

than P5,000.00 at the discretion of the court.

(b) The court shall not consider the affidavit of any witness who fails to appear atthe scheduled hearing of the case as required. Counsel who fails to appearwithout valid cause despite notice shall be deemed to have waived his client'sright to confront by cross-examination the witnesses there present.

(c) The court shall not admit as evidence judicial affidavits that do not conform tothe content requirements of Section 3 and the attestation requirement of Section4 above. The court may, however, allow o nly once the subsequent submission ofthe compliant replacement affidavits before the hearing or trial provided thedelay is for a valid reason and would not unduly prejudice the opposing party andprovided further, that public or private counsel responsible for their preparation

and submission pays a fine of not less than P1,000.00 nor more than P 5,000.00,

at the discretion of the court.

Section 11. Repeal or modification of inconsistent rules. - The provisions of the Rules ofCourt and the rules of procedure governing investigating officers and bodies authorized bythe Supreme Court to receive evidence are repealed or modified insofar as these areinconsistent with the provisions of this Rule. 1wphi1

The rules of procedure governing quasi-judicial bodies inconsistent herewith are herebydisapproved.

Section 12. Effectivity. - This rule shall take effect on January 1, 2013 following its

publication in two newspapers of general circulation not later than September 15, 2012. Itshall also apply to existing cases.

Manila, September 4, 2012.

MARIA LOURDES P. A. SERENO Chief Justice

ANTONIO T. CARPIO Associate Justice

PRESBITERO J. VELASCO, JR. Associate Justice

TERESITA J. LEONARDO-DE CASTRO Associate Justice ARTURO D. BRION Associate Justice

DISODADO M. PERLATA Associate Justice

LUCAS P. BERSAMIN Associate Justice

MARIANO C. DEL CASTILLO Associate Justice

ROBERTO A. ABAD Associate Justice

MARTIN S. VILLARAMA, JR. Associate Justice

JOSE P. PEREZ Associate Justice

JOSE C. MENDOZA Associate Justice

BIENVENIDO L. REYES Associate Justice

ESTELA M. PERLAS-BERNABE Associate Justice

Footnotes

1 By virtue of the Supreme Court's authority under Section 5 (5), Article VIII, of

the 1987 Constitution to disapprove rules of procedure of special courts andquasi-judicial bodies.
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A.M. No. 02-8-13-SC February 19, 2008

RE: 2004 RULES ON NOTARIAL PRACTICE - The Court Resolved, upon the recommendation of the Sub Committee on the Revision ofthe Rules Governing Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules onNotarial Practice, to wit:

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of the Court En Bancdated February 19, 2008 .

"A.M. No. 02-8-13-SC-Re: 2004 Rules on Notarial Practice. The Court Resolved,upon the recommendation of the Sub Committee on the Revision of the RulesGoverning Notaries Public, to AMEND Sec. 12 (a). Rule II of the 2004 Rules onNotarial Practice, to wit:

Rule II DEFINITIONS

xxx

"Sec. 12. Component Evidence of Identity. The phrase "competent evidence ofidentity" refers to the identification of an individual based on:

(a) at least one current identification document issued by an o fficialagency bearing the photograph and signature of the individual, such asbut not limited to, passport, drivers license, Professional RegulationsCommission ID, National Bureau of Investigation clearance, policeclearance, postal ID, voters ID, Barangay certification, GovernmentService and Insurance System (GSIS) e-card, Social Security System (SSS)card, Philhealth card, senior citizen card, Overseas Workers Welfare

Administration (OWWA) ID, OFW ID, seamans book, alien certificate ofregistration/immigrant certificate of registration, government office I D,certification from the National Council for the Welfare of DisablePersons (NCWDP), Department of Social Welfare and Development(DSWD) certification; or

(b) xxxx."

Quisumbing, J., on official leave. Ynares-Santiago, J., on leave.

(adv127a)

Very truly yours.

MA. LUISA D. VILLARAMA (sgd)

A.M. No. 02-8-13-SC2004 Rules on Notarial Practice

RESOLUTION Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial

Practice of 2004 submitted by the Sub-Committee for the Study, Drafting and Formulation

of the Rules Governing the Appointment of Notaries Public and the Performance and

Exercise of Their Official Functions, of the Committees on Revision of the Rules of Court

and on Legal Education and Bar Matters, the Court Resolved to APPROVE the proposed

Rules on Notarial Practice of 2004, with modifications, thus:chanroblesvirtuallawlibrary

2004 RULES ON NOTARIAL PRACTICE

RULE I

IMPLEMENTATION

SECTION 1. Title. - T hese Rules shall be known as the 2004 Rules on Notarial Practice.

SEC. 2. Purposes. - These Rules s hall be applied and construed to advance the following

purposes:chanroblesvirtuallawlibrary

(a) to promote, serve, and protect public interest; c han robles virtual law library

(b) to simplify, clarify, and modernize the rules governing notaries public; and

(c) to foster ethical conduct among notaries public. chan robles virtual law library

SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in t he

singular include the plural, and words in t he plural include the singular.

RULE II

DEFINITIONS

SECTION 1. Acknowledgment. - Acknowledgment refers to an act in which an individual

on a single occasion:chanroblesvirtuallawlibrary

(a) appears in person before the notary public and presents an integrally complete

instrument or document;

chan robles virtual law library

(b) is attested to be personally known to the notary public or identified by the notary

public through competent evidence of identity as defined by these Rules; and -


(c) represents to the notary public that the signature on the instrument or document wasvoluntarily affixed by him for the purposes stated in the instrument or document, declares


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that he has executed the instrument or document as his free and voluntary act and deed,

and, if he acts in a particular representative capacity, that he has the authority to sign in

that capacity.

SEC. 2. Affirmation or Oath. - The term Affirmation or Oath refers to an act in which an

individual on a single occasion: chan robles virtual law library

(a) appears in person before the notary public; chan robles virtual law library

(b) is personally known to the notary public or identified by the notary public throughcompetent evidence of identity as defined by these Rules; and chan robles virtual law

library

(c) avows under penalty of law to the whole truth of the contents of the instrument or

document.

SEC. 3. Commission. - Commission refers to the grant of authority to perform notarial

acts and to the written evidence of the authority.

SEC. 4. Copy Certification. - Copy Certification refers to a notarial act in which a not ary

public:chanroblesvirtuallawlibrary

(a) is presented with an instrument or document that is neither a vital record, a public

record, nor publicly recordable;

(b) copies or supervises the copying of the instrument or document;

(c) compares the instrument or document with the copy; and

(d) determines that the copy is accurate and complete.

SEC. 5. Notarial Register. - Notarial Register refers to a permanently bound book with

numbered pages containing a chronological record of notarial acts performed by a notary

public. chan robles virtual law library

SEC. 6. Jurat. - Jurat refers to an act in which an individual on a s ingle

occasion:chanroblesvirtuallawlibrary

(a) appears in person before the notary public and presents an instrument or document;

(b) is personally known to the notary public or identified by the notary public through

competent evidence of identity as defined by these Rules; chan robles virtual law library

(c) signs the instrument or document in the presence of the notary; and

(d) takes an oath or affirmation before the notary public as to such instrument or

document.

SEC. 7. Notarial Act and Notarization. - Notarial Act and Notarization refer to any act

that a notary public is empowered to perform under these Rules.

SEC. 8. Notarial Certificate. - Notarial Certificate refers to the part of, or attachment to, a

notarized instrument or document that is completed by the notary public, bears the

notary's signature and seal, and states the facts attested to by the notary public in a

particular notarization as provided for by these Rules.chan robles virtual law library

SEC. 9. Notary Public and Notary. - Notary Public and Notary refer to any person

commissioned to perform official acts under these Rules.cralaw

SEC. 10. Principal. - Principal refers to a person appearing before the notary public

whose act is the subject of notarization. chan robles virtual law library

SEC. 11. Regular Place of Work o r Business. - The term regular place of work or businessrefers to a stationary office in the city or province wherein the notary public renders legal

and notarial services. chan robles virtual law library

SEC. 12. Competent Evidence of Identity. - The phrase competent evidence of identity

refers to the identification of an individual based on:chanroblesvirtuallawlibrary

(a) at least one current identification document issued by an official agency bearing the

photograph and signature of the individual; or chan robles virtual law library

(b) the oath or affirmation of one credible witness not privy to the instrument, document

or transaction who is personally known to the notary public and who personally knows the

individual, or of two credible witnesses neither of whom is privy to the instrument,

document or transaction who each personally knows the individual and shows to the

notary public documentary identification.

SEC. 13. Official Seal or Seal. - Official seal or Seal refers to a device for affixing a mark,

image or impression on all papers officially signed by the notary public conforming the

requisites prescribed by these Rules.

SEC. 14. Signature Witnessing. - The term signature witnessing refers to a notarial act in

which an individual on a single occasion: chan robles virtual law library

(a) appears in person before the notary public and p resents an instrument or document;

(b) is personally known to the notary public or identified by the notary public through

competent evidence of identity as defined by these Rules; and chan robles virtual law

library

(c) signs the instrument or document in the presence of the notary public.

SEC. 15. Court. - Court refers to the Supreme Court of th e Philippines.

SEC. 16. Petitioner. - Petitioner refers to a person who applies for a notarial

commission.cralaw

SEC. 17. Office of the Court Administrator. - Office of the Court Administrator refers to

the Office of the Court Administrator of the Supreme Court.cralaw

SEC. 18. Executive Judge. - Executive Judge refers to the Executive Judge o f the Regional

Trial Court of a city or province who issues a notarial commission.cralaw


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SEC. 19. Vendor. - Vendor under these Rules refers to a seller of a no tarial seal and shall

include a wholesaler or retailer. chan robles virtual law library

SEC. 20. Manufacturer. - Manufacturer under these Rules refers to one who produces a

notarial seal and shall include an engraver and seal maker. chan ro bles virtual law library

RULE III

COMMISSIONING OF NOTARY PUBLIC

SECTION 1. Qualifications. - A notarial commission may be issued by an Executive Judge toany qualified person who submits a petition in accordance with t hese Rules. chan robles

virtual law library

To be eligible for commissioning as notary public, the

petitioner:chanroblesvirtuallawlibrary

(1) must be a citizen of the Philippines; chan robles virtual law library

(2) must be over twenty-one (21) years of age; chan robles virtual law library

(3) must be a resident in the Philippines for at least one (1) year and maintains a regular

place of work or business in the city or province where the commission is to be

issued; chan robles virtual law library

(4) must be a member of the Philippine Bar in good standing with c learances from the

Office of the Bar Confidant of the Supreme Court and the Integrated Bar of t he Philippines;

and

(5) must not have been convicted in the first instance of any crime involving moral

turpitude.

SEC. 2. Form of the Petition an d Supporting Documents. - Every petition for a notarial

commission shall be in writing, verified, and shall include the

following:chanroblesvirtuallawlibrary

(a) a statement containing the petitioner's personal qualifications, including the

petitioner's date of birth, residence, telephone number, professional tax receipt, roll of

attorney's number and IBP membership number;

(b) certification of good moral character of the petitioner by at least two (2) executive

officers of the local chapter of the Integrated Bar o f the Philippines where he is applying for

commission;

(c) proof of payment for the filing of the petition as required by these Rules; and

(d) three (3) passport-size color photographs with light background taken within thirty (30)

days of the application. The photograph should not be retouched. The petitioner shall sign

his name at the bottom part of the photographs.

SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the

application fee as prescribed in the Rules of Co urt. chan robles virtual law library

SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a summary

hearing on the petition and shall grant the same if:chanroblesvirtuallawlibrary

(a) the petition is sufficient in form and substance;(b) the petitioner proves the allegations contained in the petition; and

(c) the petitioner establishes to the satisfaction of the Executive Judge that he has read

and fully understood these Rules.

The Executive Judge shall forthwith issue a commission and a Certificate of Authorization

to Purchase a Notarial Seal in favor of the petitioner. chan robles virtual law library

SEC. 5. Notice of Summary Hearing. -

(a) The notice of summary hearing shall be published in a newspaper of general circulation

in the city or province where t he hearing shall be conducted and posted in a conspicuous

place in the offices of the Executive Judge and of the Clerk of Court. The cost of the

publication shall be borne by the petitioner. The notice may include more than one

petitioner.

(b) The notice shall be substantially in the following form:chanroblesvirtuallawlibrary

NOTICE OF HEARING

Notice is hereby given that a summary hearing on the petition for notarial commission of

(name of petitioner) shall be held on (date) at (place) at (time). Any person who has any

cause or reason to object to the grant of the petition may file a verified written

opposition thereto, received by the undersigned before the date of the summary

hearing.chanrobles virtual law library chan robles virtual law library

_____________________

Executive Judge

SEC. 6. Opposition to Petition. - Any person who has any cause or reason to object to the

grant of the petition may file a verified written opposition thereto. The opposition must be

received by the Executive Judge before the date o f the summary hearing. chan robles

virtual law library

SEC. 7. Form of Notarial Commission. - The commissioning of a notary public shall be in a

formal order signed by the Executive Judge substantially in the following

form:chanroblesvirtuallawlibrary


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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ______________

This is to certify that (name of notary public) of (regular place of work or business) in (city

or province) was on this (date) day of (month) two thousand and (year) commissioned by

the undersigned as a notary public, within and for the said jurisdiction, for a term ending

the thirty-first day of December (year) chan robles virtual law library

________________________Executive Judge

SEC. 8. Period Of Validity of C ertificate of Authorization to Purchase a Notarial Seal. -

The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of

three (3) months from date of issue, unless extended by the Executive Judge.

A mark, image or impression of the seal that may be purchased by the notary public

pursuant to the Certificate shall be presented to th e Executive Judge for approval prior to

use.cralaw

SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate of

Authorization to Purchase a Notarial Seal shall substantially be in t he following

form:chanroblesvirtuallawlibrary

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF_____________chan robles virtual law library

CERTIFICATE OF AUTHORIZATION

TO PURCHASE A NOTARIAL SEALchan robles virtual law library

This is to authorize (name of notary public) of (city or province) who was commissioned

by the undersigned as a notary public, within and for the said jurisdiction, for a term

ending, the thirty-first of December (year) to purchase a notarial seal.chanrobles virtual

law library chan robles virtual law library

Issued this (day) of (month) (year).

________________________

Executive Judge

SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall

have only one official seal of office in accordance with these Rules.

SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may perform

notarial acts in any place within the territorial jurisdiction o f the commissioning court for a

period of two (2) years commencing the first day of January of the y ear in which the

commissioning is made, unless earlier revoked or the notary public has resigned under

these Rules and the Rules of C ourt. chan robles virtual law library

SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a

Register of Notaries Public in his jurisdiction which s hall contain, among others, the dates

of issuance or revocation or suspension of notarial commissions, and the resignation or

death of notaries public. The Executive Judge shall furnish the Office of the Court

Administrator information and data recorded in the register of no taries public. The Officeof the Court Administrator shall keep a permanent, complete and updated database of

such records. chan robles virtual law library

SEC. 13. Renewal of Commission. - A notary public may file a written application with the

Executive Judge for the renewal of his commission within forty-five (45) days before the

expiration thereof. A mark, image or impression of the seal of the notary public shall be

attached to the a pplication.cralaw

Failure to file said application will result in the deletion of the name of the notary public in

the register of notaries public.cralaw

The notary public thus removed from the Register of Notaries Public may only be

reinstated therein after he is issued a new commission in accordance with these

Rules. chan robles virtual law library

SEC. 14. Action on Application for Renewal of Commission. - The Executive Judge shall,

upon payment of the application fee mentioned in Section 3 above of this Rule, act on an

application for the renewal of a commission within thirty (30) days from receipt thereof. If

the application is denied, the Executive Judge shall state the reasons therefor.cralaw

RULE IV

POWERS AND LIMITATIONS OF NOTARIES P UBLIC

SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial

acts:chanroblesvirtuallawlibrary

(1) acknowledgments;

(2) oaths and affirmations;

(3) jurats; chan robles virtual law library

(4) signature witnessings;

(5) copy certifications; and

(6) any other act authorized by t hese Rules.

(b) A notary public is authorized to certify the affixing of a signature by thumb or other

mark on an instrument or document presented for notarization

if:chanroblesvirtuallawlibrary


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(1) the thumb or other mark is affixed in the presence of the notary public and of two (2)

disinterested and unaffected witnesses to the instrument or document;

(2) both witnesses sign their own names in addition to the thumb or other mark;

(3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed

by (name of signatory by mark) i n the presence of (names and addresses of witnesses) and

undersigned notary public"; and chan robles virtual law library

(4) the notary public notarizes the signature by thumb or other mark through anacknowledgment, jurat, or signature witnessing.

(c) A notary public is authorized to sign on behalf of a person who is physically unable to

sign or make a mark on an instrument or document if:chanroblesvirtuallawlibrary

(1) the notary public is directed by the person unable to sign or make a mark to sign on his

behalf;

(2) the signature of the notary public is affixed in the presence of two disinterested and

unaffected witnesses to the instrument or document;

(3) both witnesses sign their own names ;

(4) the notary public writes below his signature: Signature affixed by notary in presence

of (names and addresses of person and two *2+ witnesses); and

(5) the notary public notarizes his signature by acknowledgment or jurat.

SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular

place of work or business; provided, however, that on certain exceptional occasions or

situations, a notarial act may be performed at t he request of the parties in the following

sites located within his territorial jurisdiction: chan robles virtual law library

(1) public offices, convention halls, and similar places where oaths of office may be

administered;

(2) public function areas in hotels and similar places for the signing of instruments or

documents requiring notarization;

(3) hospitals and other medical institutions where a party to an instrument or document is

confined for treatment; and

(4) any place where a party to an instrument or document requiring notarization is under

detention.

(b) A person shall not perform a notarial act if the person involved as signatory to the

instrument or document -

(1) is not in the notary's presence personally at the time of the notarization; and

(2) is not personally known to the notary public or otherwise identified by the notary

public through competent evidence of identity as defined by these Rules.chan roblesvirtual law library

SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if

he:chanroblesvirtuallawlibrary

(a) is a party to the instrument or document that is to be notarized; chan robles virtual law

library

(b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title,

interest, cash, property, or other consideration, except as provided by these Rules and by

law; or(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or

consanguinity of the principal within the fourth civil degree. chan robles virtual law library

SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in

these Rules for any person requesting such an act even if he tenders the appropriate fee

specified by these Rules if:chanroblesvirtuallawlibrary

(a) the notary knows or has good reason to believe that the notarial act or transaction is

unlawful or immoral;

(b) the signatory shows a demeanor which engenders in the mind of the notary public

reasonable doubt as to the former's knowledge of the consequences of the transaction

requiring a notarial act; and

(c) in the notary's judgment, the signatory is not acting of his or her own free will.

SEC. 5. False or Incomplete Certificate. - A notary public shall not: chan robles virtual law

library

(a) execute a certificate containing information known or believed by the notary to be

false.

(b) affix an official signature or seal on a notarial certificate that is incomplete.chan robles

virtual law library

SEC. 6. Improper Instruments or Documents. - A notary public shall not

notarize:chanroblesvirtuallawlibrary

(a) a blank or incomplete instrument or document; or chan robles virtual law library

(b) an instrument or document without appropriate notarial certification.

RULE V

FEES OF NOTARY PUBLIC

SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act, a notary public

may charge the maximum fee as prescribed by the Supreme Court unless he waives the fee

in whole or in part.


SEC. 2. Travel Fees and Expenses. - A notary public may charge travel fees and expensesseparate and apart from the notarial fees prescribed in the preceding section wh en
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traveling to perform a notarial act if the notary public and the person requesting the

notarial act agree prior to the travel.cralaw

SEC. 3. Prohibited Fees. No fee or compensation of any kind, except those expressly

prescribed and allowed herein, shall be collected or received for any notarial service.cralaw

SEC. 4. Payment or Refund of Fees. - A notary public shall not require payment of any fees

specified herein prior to the performance of a notarial act unless ot herwise agreed

upon. chan robles virtual law library

Any travel fees and expenses paid to a notary public prior to the performance of a notarial

act are not subject to refund if the notary public had already traveled but failed to

complete in whole or in part the notarial act for reasons beyond his control and without

negligence on his part.cralaw

SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall issue a

receipt registered with the Bureau of Internal Revenue and keep a journal of notarial fees.

He shall enter in the journal all fees charged for services rendered. chan robles virtual law

library

A notary public shall post in a conspicuous place in his office a complete schedule of

chargeable notarial fees.cralaw

RULE VI

NOTARIAL REGISTER

SECTION 1. Form of Notarial Register. - (a) A notary public shall keep, maintain, protect and

provide for lawful inspection as provided in these Rules, a chronological official notarial

register of notarial acts consisting of a permanently bound book with numbered

pages. chan robles virtual law library

The register shall be kept in books to be furnished by the Solicitor General to any notary

public upon request and upon payment of the cost thereof. The register shall be duly

paged, and on the first page, the Solicitor General shall certify the number of pages of

which the book consists.cralaw

For purposes of this provision, a Memorandum of Agreement or Understanding may be

entered into by the Office of the Solicitor General and the Office of the Court

Administrator. chan robles virtual law library

(b) A notary public shall keep only one active notarial register at any given time.cralaw

SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the notary shall record in

the notarial register at the time of notarization the following: chan robles virtual law library

(1) the entry number and page number; chan robles virtual law library

(2) the date and time of day of the notarial act;(3) the type of notarial act; chan ro bles virtual law library

(4) the title or description of t he instrument, document or proceeding;

(5) the name and address of each principal; chan robles virtual law library

(6) the competent evidence of identity as defined by these Rules if the signatory is not

personally known to the notary; chan robles virtual law library

(7) the name and address of each c redible witness swearing to or affirming the person's

identity;

(8) the fee charged for the notarial act;

(9) the address where the notarization was performed if not in the notary's regular place of

work or business; and

(10) any other circumstance the notary public may deem of significance or relevance.

(b) A notary public shall record in the notarial register the reasons and circumstances for

not completing a notarial act.

(c) A notary public shall record in the notarial register the circumstances of any request to

inspect or copy an entry in the notarial register, including the requester's name, address,

signature, thumbmark or other recognized identifier, and evidence of identity. The reasons

for refusal to allow inspection or copying o f a journal entry shall also be recorded.cralaw

(d) When the instrument or document is a contract, the notary public shall keep an original

copy thereof as part of his records and enter in said records a brief description of the

substance thereof and shall give to each entry a consecutive number, beginning with

number one in each calendar year. He shall also retain a duplicate original copy for the

Clerk of Court.cralaw

(e) The notary public shall give to each instrument or document executed, sworn to, or

acknowledged before him a number corresponding to the one in his register, and shall also

state on the instrument or document the page/s of his register on which the same is

recorded. No blank line shall be left between entries.cralaw

(f) In case of a protest of any draft, bill of exchange or promissory note, the notary public

shall make a full and true record of all proceedings in relation thereto and shall note

therein whether the demand for the sum o f money was made, by whom, when, and

where; whether he presented such draft, bill or note; whether not ices were given, to

whom and in what manner; where the same was made, when and to whom and where

directed; and of every other fact touching the same.cralaw

(g) At the end of each week, t he notary public shall certify in his notarial register the

number of instruments or documents executed, sworn to, acknowledged, or protested

before him; or if none, this certificate shall show this fact.cralaw

(h) A certified copy of each month's entries and a duplicate original copy of any instrumentacknowledged before the notary public shall, within the first t en (10) days of the month


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following, be forwarded to the Clerk of Co urt and shall be under the responsibility of such

officer. If there is no entry to certify for the month, the notar y shall forward a statement to

this effect in lieu of certified copies herein required.cralaw

SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial

register shall be signed or a thumb or other mark affixed by

each:chanroblesvirtuallawlibrary

(a) principal;

(b) credible witness swearing or affirming to the identity of a principal; and

(c) witness to a signature by thumb or other mark, or to a signing by the notary public on

behalf of a person physically unable to sign.

SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's presence, any person may

inspect an entry in the notarial register, during regular business hours, provided;

(1) the person's identity is personally known to the notary public or proven through

competent evidence of identity as defined in these Rules;

(2) the person affixes a signature and thumb or other mark or other recognized identifier,

in the notarial register in a separate, dated entry;

(3) the person specifies the month, year, type of instrument or document, and name of the

principal in the notarial act or acts sought; and

(4) the person is shown only the entry or entries specified by him.

(b) The notarial register may be examined by a law enforcement officer in the course of an

official investigation or by virtue of a court order.

(c) If the notary public has a reasonable ground to believe that a person has a criminal

intent or wrongful motive in requesting information from the notarial register, the notary

shall deny access to any entry or entries therein.cralaw

SEC. 5. Loss, Destruction or Damage of Not arial Register. - (a) In case the notarial register is

stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible as a record of

notarial acts, the notary public shall, within ten (10) days after informing the appropriate

law enforcement agency in the case of theft or vandalism, notify the Executive Judge by

any means providing a proper receipt or acknowledgment, including registered mail and

also provide a copy or number of any pertinent police report.cralaw

(b) Upon revocation or expiration of a notarial commission, or death of the notary public,

the notarial register and notarial records shall immediately be delivered to the o ffice of the

Executive Judge.cralaw

SEC. 6. Issuance of Certified True Copies. - The notary public shall supply a certified true

copy of the notarial record, or any part thereof, to any person applying for such copy uponpayment of the legal fees.cralaw

RULE VII

SIGNATURE AND SEAL OF NOTARY P UBLIC

SECTION 1. Official Signature. In notarizing a paper instrument or document, a notary

public shall:chanroblesvirtuallawlibrary

(a) sign by hand on th e notarial certificate only the name indicated and as appearing on t he

notary's commission; chan robles virtual law library

(b) not sign using a facsimile stamp or printing device; and

(c) affix his official signature only at the time the notarial act is performed.

SEC. 2. Official Seal. - (a) Every person commissioned as notary public shall have a seal of

office, to be procured at his own expense, which shall not be possessed or owned by any

other person. It shall be of metal, circular in shape, two inches in diameter, and shall have

the name of the city o r province and the word Philippines and his own na me on the

margin and the roll of attorney's number on the face thereof, with the words "notary

public" across the center. A mark, image or impression of such seal shall be made directly

on the paper or parchment on which the writing appears.

(b) The official seal shall be affixed only at the time the notarial act is performed and shall

be clearly impressed by the notary public on every page of the instrument or document

notarized. chan robles virtual law library

(c) When not in use, the official seal shall be kept safe and secure and shall be accessible

only to the notary public or the person duly authorized by him. chan robles virtual law

library

(d) Within five (5) days after the official seal of a notary public is stolen, lost, damaged or

other otherwise rendered unserviceable in affixing a legible image, the notary public, after

informing the appropriate law enforcement agency, shall notify the Executive Judge in

writing, providing proper receipt or acknowledgment, including registered mail, and in the

event of a crime committed, provide a co py or entry number of the appropriate police

record. Upon receipt of such notice, if found in order by the Executive Judge, the latter

shall order the notary public to cause notice of such loss or damage to be published, once a

week for three (3) consecutive weeks, in a newspaper of general circulation in the city or

province where the notary public is commissioned. Thereafter, the Executive Judge shall

issue to the notary public a new Certificate of Authorization to Purchase a Notarial

Seal.cralaw

(e) Within five (5) days after the death or resignation of the notary public, or the revocation

or expiration of a notarial commission, the official seal shall be surrendered to the

Executive Judge and shall be destroyed or defaced in public during office hours. In theevent that the missing, lost or damaged seal is later found or s urrendered, it shall be


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delivered by the notary public to the Executive Judge to be disposed of in accordance with

this section. Failure to effect such surrender shall constitute contempt of court. In the

event of death of the notary p ublic, the person in possession of the official seal shall have

the duty to surrender it to the Executive Judge.cralaw

SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent, and

photographically reproducible mark, image or impression of the official seal beside his

signature on the notarial certificate of a paper instrument or document.cralaw

SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals may

not sell said product without a w ritten authorization from the Executive Judge.cralaw

(b) Upon written application and after payment of the application fee, the Executive Judge

may issue an authorization to sell to a vendor or manufacturer of no tarial seals after

verification and investigation of the latter's qualifications. The Executive Judge shall charge

an authorization fee in the amount of PhP 4,000 for the vendor and PhP 8,000 for the

manufacturer. If a manufacturer is also a vendor, he shall only pay the manufacturer's

authorization fee.cralaw

(c) The authorization shall be in effect for a period of four (4) years from the date of its

issuance and may be renewed by the Executive Ju dge for a similar period upon payment of

the authorization fee mentioned in the preceding paragraph.cralaw

(d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of a

certified copy of the commission and the Certificate of Authorization to Purchase a Notarial

Seal issued by the Executive Judge. A not ary public obtaining a new seal as a result of

change of name shall present to the vendor or manufacturer a certified copy of the

Confirmation of the Change of Name issued by the Executive Judge.cralaw

(e) Only one seal may be sold by a vendor or manufacturer for each Certificate of

Authorization to Purchase a Notarial Seal.cralaw

(f) After the sale, the vendor or manufacturer shall affix a mark, image or impression of the

seal to the Certificate of Authorization to Purchase a Notarial Seal and submit the

completed Certificate to the Executive Judge. Copies of the Certificate of Authorization to

Purchase a Notarial Seal and the buyer's commission shall be k ept in the files of the vendor

or manufacturer for four (4) years after the sale.cralaw

(g) A notary public obtaining a new seal as a result of change of name shall present to the

vendor a certified copy of the order confirming the change of name issued by the E xecutive

Judge.cralaw

RULE VIII

NOTARIAL CERTIFICATES

SECTION 1. Form of Notarial Certificate. - The notarial form used for any notarial

instrument or document shall conform to all the requisites prescribed herein, the Rules of

Court and all other provisions o f issuances by the Supreme Court and in applicable

laws. chan robles virtual law library

SEC. 2. Contents of t he Concluding Part of the Notarial Certificate. The notarial certificate

shall include the following:chanroblesvirtuallawlibrary

(a) the name of the notary public as exactly indicated in the commission;

(b) the serial number of the commission of the notary public;

(c) the words "Notary Public" and the province or city where the notary public is

commissioned, the expiration date of the commission, the o ffice address of the notary

public; and

(d) the roll of attorney's number, the professional tax receipt number and the place and

date of issuance thereof, and the IBP membership number.

RULE IX

CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authority evidencing

the authenticity of the official seal and signature of a notary public shall be issued by the

Executive Judge upon request in substantially the following form: chan robles virtual law

library

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public),

the person named in the seal and signature on the attached document, is a Notary Public

in and for the (City/Municipality/Province) of the Republic of the Philippines and

authorized to act as such at the time of the document's notarization.chanrobles virtual

law library chan robles virtual law library

IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this

(date) day of (month) (year).chanrobles virtual law library chan robles virtual law library

_________________

(official signature)

(seal of Executive Judge)

RULE X

CHANGES OF STATUS OF NOTARY PUBLIC

SECTION 1. Change of Name and Address. -

Within ten (10) days after the change of name of the notary public by court order or by

marriage, or after ceasing to maintain the regular place of wo rk or business, the notarypublic shall submit a signed and dated notice of such fact to the Executive Judge.


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The notary public shall not notarize until:chanroblesvirtuallawlibrary

(a) he receives from the Executive Judge a confirmation of the new name of the notary

public and/or change of regular place of work or business; and

(b) a new seal bearing the new name has been obtained.

The foregoing notwithstanding, until the aforementioned steps have been completed, the

notary public may continue to use the former name or regular place of work or business in

performing notarial acts for three (3) months from the date of the change, which may be

extended once for valid and just cause by the Executive Judge for another period not

exceeding three (3) months.

SEC. 2. Resignation. - A notary public may resign his commission by personally submitting a

written, dated and signed formal notice to the Executive Judge together with his notarial

seal, notarial register and records. Effective from the date indicated in the notice, he shall

immediately cease to perform notarial acts. In the event of his incapacity to personally

appear, the submission of the notice may be performed by his duly authorized

representative.cralaw

SEC. 3. Publication of Resignation. - The Executive Judge shall immediately order the Clerk

of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk

of Court the names of notaries p ublic who have resigned their notarial commissions and

the effective dates of their resignation.cralaw

RULE XI

REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS

SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall revoke

a notarial commission for any ground on which an application for a commission may be

denied. chan robles virtual law library

(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate

administrative sanctions upon, any not ary public who:chanroblesvirtuallawlibrary

(1) fails to keep a notarial register;

(2) fails to make the proper entry or entries in his notarial register concerning his not arial

acts;

(3) fails to send the copy o f the entries to the Executive Ju dge within the first ten (10) days

of the month following;

(4) fails to affix to acknowledgments the date of expiration of his commission;

(5) fails to submit his notarial register, when filled, to the Executive Judge;(6) fails to make his report, within a reasonable time, to the Executive Judge concerning the

performance of his duties, as may be required by the judge;

(7) fails to require the presence of a principal at the time of the notarial act;

(8) fails to identify a principal on the basis of personal knowledge or competent evidence;

(9) executes a false or incomplete certificate under Section 5, Rule IV;

(10) knowingly performs or fails to perform any other act prohibited or mandated by these

Rules; and

(11) commits any other dereliction or act which in the judgment of the Executive Judge

constitutes good cause for revocation of co mmission or imposition of administrative

sanction.

(c) Upon verified complaint by an interested, affected or aggrieved person, th e notary

public shall be required to file a verified answer to the complaint. If the answer of the

notary public is not satisfactory, the Executive Judge shall conduct a summary hearing. If

the allegations of the complaint are not proven, the complaint shall be dismissed. If t he

charges are duly established, the Executive Judge shall impose t he appropriate

administrative sanctions. In either case, the aggrieved party may appeal t he decision to the

Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions

shall be immediately executory, unless otherwise ordered by the Supreme Court.

(d) The Executive Judge may motu proprio initiate administrative proceedings against a

notary public, subject to the procedures prescribed in paragraph (c) above and impose the

appropriate administrative sanctions on the grounds mentioned in the preceding

paragraphs (a) and (b).cralaw

SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all

times exercise supervision over notaries public and shall closely mo nitor their

activities. chan robles virtual law library

SEC. 3. Publication of Revocations and Administrative Sanctions. - The Executive Judge shall

immediately order the Clerk of Court to post in a co nspicuous place in the offices of the

Executive Judge and of the Clerk of Court the names of notaries public who have been

administratively sanctioned or whose notarial commissions have been revoked.cralaw

SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling the obligations in

Section 4(e), Rule VI and Section 2(e), Rule VII, the Executive Judge, upon being notified of

such death, shall forthwith cause compliance with the provisions of these sections. chan

robles virtual law library

RULE XII

SPECIAL PROVISIONS

SECTION 1. Punishable Acts. - The Executive Judge shall cause the prosecution of anyperson who:chanroblesvirtuallawlibrary


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(a) knowingly acts or otherwise impersonates a notary public; chan robles virtual law

library

(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official

records of a notary public; and

(c) knowingly solicits, coerces, or in any way influences a notary public to commit official

misconduct.

SEC 2. Reports to the Supreme C ourt. - The Executive Judge concerned shall submit

semestral reports to the Supreme Court on discipline and prosecution of notaries public.

RULE XIII

REPEALING AND EFFECTIVITY PROVISIONS

SECTION 1. Repeal. - All rules and parts of rules, including issuances of the Supreme Court

inconsistent herewith, are hereby repealed or accordingly modified. chan robles virtual law

library

SEC. 2. Effective Date. - These Rules shall take effect on the first day of August 2004, and

shall be published in a newspaper of general circulation in the Philippines which provides

sufficiently wide circulation.

Promulgated this 6th day of July, 2004. chan robles virtual law libraryDavide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez,Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.c


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A.M. No. 08-8-7-SC

THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES

R E S O L U T I O N

Pursuant to the action of the Court en banc in its session held on October 27, 2009,Sections 11, 12, 14, 16, 21, and 22 of the Rule of Procedure for Small Claims Cases,

including the attached Forms, are AMENDED to read as follows:

Section 11. Response. - The defendant shall file with the court and serve on the plaintiff aduly accomplished and verified Response within a non-extendible period of ten (10) daysfrom receipt of summons. The Response shall be accompanied by certified photocopies ofdocuments, as well as affidavits of witnesses and other evidence in support thereof. Noevidence shall be allowed during the hearing which was not attached to or submittedtogether with the Response, unless good cause is shown for the admission of additionalevidence.

THE GROUNDS FOR THE DISMISSAL OF THE CLAIM, UNDER RULE 16 OF THE RULES OFCOURT, SHOULD BE PLEADED.

Section 12. Effect of Failure to File Response. - Should the defendant fail to file hisResponse within the required period, AND LIKEWISE FAIL TO APPEAR AT THE DATE SETFOR HEARING, THE COURT SHALL RENDER JUDGMENT ON THE SAME DAY, AS MAY BEWARRANTED BY THE FACTS.

SHOULD THE DEFENDANT FAIL TO FILE RESPONSE WITHIN THE REQUIRED PERIOD BUTAPPEARS AT THE DATE SET FOR HEARING, THE COURT SHALL ASCERTAIN WHAT DEFENSEHE HAS TO OFFER AND PROCEED TO HEAR, MEDIATE OR ADJUDICATE THE CASE ON THESAME DAY AS IF A RESPONSE HAS BEEN FILED.

Section 14. Prohibited Pleadings and Motions. - The following pleadings, motions, or

petitions shall not be allowed in the cases covered by this Rule:

(a) MOTION TO DISMISS THE COMPLAINT;

(b) Motion for a bill of particulars;

(c) Motion for new trial, or for reconsideration of a judgment, or for reopening oftrial;

(d) Petition for relief from judgment;

(e) Motion for extension of time to file pleadings, affidavits, or any other paper;

(f) Memoranda;

(g) Petition for certiorari, mandamus, or prohibition against any interlocutoryorder issued by the court;

(h) Motion to declare the defendant in default;

(i) Dilatory motions for postponement;

(j) Reply;

(k) Third-party complaints; and

(l) Interventions.

Section 16. Appearance .- The parties shall appear at thedesignated date of hearingpersonally.

APPEARANCE THROUGH A REPRESENTATIVE MUST BE FOR A VALID CAUSE. THEREPRESENTATIVE OF AN INDIVIDUAL-PARTY MUST NOT BE A LAWYER, ANDMUST BE RELATED TO OR NEXT-OF-SKIN OF THE INDIVIDUAL-PARTY. JURIDICALENTITIES SHALL NOT BE REPRESENTED BY A LAWYER IN ANY CAPACITY.

THE REPRESENTATIVE MUST BE authorized under a Special Power of Attorney ( Form 5-SCC ) to enter into an amicable SETTLEMENT OF THE DISPUTE and to enter into stipulationsor admissions of facts and of documentary exhibits.

Section 21. HEARING. - At the hearing, the judge shall EXERT EFFORTS TO BRING THEPARTIES TO AN AMICABLE SETTLEMENT OF THEIR DISPUTE. Any settlement ( Form 7-SCC )or resolution ( Form 8-SCC ) of the dispute shall be reduced into writing, signed by theparties and submitted to the court for approval ( Form 12-SCC ).

SETTLEMENT DISCUSSIONS SHALL BE STRICTLY CONFIDENTIAL AND ANY REFERENCE TOANY SETTLEMENT MADE IN THE COURSE OF SUCH DISCUSSIONS SHALL BE PUNISHABLEBY CONTEMPT.

Section 22. Failure of SETTLEMENT. - If EFFORTS AT SETTLEMENT FAIL, the hearing shallproceed in an informal and expenditious manner and BE t erminated within one (1)day. EITHER PARTY MAY MOVE IN WRITING ( FORM 10-SCC ) TO HAVE ANOTHER JUDGEHEAR AND DECIDE THE CASE. THE REASSIGNMENT WITH EXISTING ISSUANCES.

THE REFERRAL BY THE ORIGINAL JUDGE TO THE EXECUTIVE JUGDE SHALL BE MADEWITHIN THE SAME DAY THE MOTION IS FILED AND GRANTED, AND BY THE EXECUTIVEJUDGE TO THE DESIGNATED JUDGE WITHIN THA SAME DAY OF THE REFERRAL. THE NEW


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JUDGE SHALL HEAR AND DECIDE THE CASE WITHIN FIVE (5) WORKING DAYS FROMRECEIPT OF THE ORDER OF REASIGNMENT.

The amendments of the Rule shall take effect on November 3, 2009 following itspublication in two (2) newspapers of general circulation.

October 27, 2009

Signed REYNATO S. PUNO Chief Justice

Signed LEONARDO A. QUISUMBING Associate Justice

Signed ANTONIO T. CARPIO Associate Justice

(on leave)RENATO C. CORONA

Associate Justice

(on leave)CONCHITA CARPIO MORALES

Associate Justice

Signed MINITA V. CHICO-NAZARIO Associate Justice

(on leave)PRESBITERO J. VELASCO, JR.

Associate Justice

(on leave)ANTONIO EDUARDO B. NACHURA

Associate Justice

(on leave)TERESITA J. LEONARDO-DE CASTRO

Associate Justice

Signed ARTURO D. BRION

Associate Justice

Signed DIOSDADO M. PERALTA

Associate Justice

LUCAS P. BERSAMIN Associate Justice

(on leave)MARIANO C. DEL CASTILLO

Associate Justice

Signed ROBERTO A. ABAD Associate Justice