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Republic of the Philippines

SUPREME COURT
Manila

small claims cases under A.M. 08-8-7SC;


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

A.M. No. 12-8-8-SC


JUDICIAL AFFIDAVIT RULE

(3) The Sandiganbayan, the Court of


Tax Appeals, the Court of Appeals, and
the Shari'a Appellate Courts;

Whereas, case congestion and delays plague most


courts in cities, given the huge volume of cases filed
each year and the slow and cumbersome adversarial
syste1n that the judiciary has in place;

(4) The investigating officers and


bodies authorized by the Supreme
Court to receive evidence, including
the Integrated Bar of the Philippine
(IBP); and

Whereas, about 40% of criminal cases are dismissed


annually owing to the fact that complainants simply
give up con1ing to court after repeated
postponements;

(5) The special courts and quasi-judicial


bodies, whose rules of procedure are
subject to disapproval of the Supreme
Court, insofar as their existing rules of
procedure contravene the provisions of
this Rule.1

Whereas, few foreign businessmen make long-term


investments in the Philippines because its courts are
unable to provide ample and speedy protection to their
investments, keeping its people poor;
Whereas, in order to reduce the time needed for
completing the testimonies of witnesses in cases under
litigation, on February 21, 2012 the Supreme Court
approved for piloting by trial courts in Quezon City the
compulsory use of judicial affidavits in place of the
direct testimonies 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 the hearing and adjudication of cases;
Whereas, the Supreme Court Committee on the
Revision of the Rules of Court, headed by Senior
Associate Justice Antonio T. Carpio, and the SubCommittee on the Revision of the Rules on Civil
Procedure, headed by Associate Justice Roberto A.
Abad, have recommended for adoption a Judicial
Affidavit Rule that will replicate nationwide the success
of the Quezon City experience in the use of judicial
affidavits; and

(b) For the purpose of brevity, the above


courts, quasi-judicial bodies, or investigating
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 by licensed courier service, not later than
five days before pre-trial or preliminary conference or
the scheduled hearing with respect to motions and
incidents, the following:

Whereas, the Supreme Court En Banc finds merit in the


recommendation;
NOW, THEREFORE, the Supreme Court En Banc
hereby issues and promulgates the following:

(1) The judicial affidavits of their


witnesses, which shall take the place of
such witnesses' direct testimonies; and
(2) The parties' docun1entary or object
evidence, if any, which shall be
attached to the judicial affidavits and
marked as Exhibits A, B, C, and so on 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.

Section 1. Scope. - (a) This Rule shall apply to all


actions, proceedings, and incidents requiring 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 the Shari' a
Circuit Courts but shall not apply to

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(b) Should a party or a witness desire to keep


the original document or object evidence in his
possession, he may, after the same has been
identified, marked as exhibit, and
authenticated, warrant in his judicial affidavit
that the copy or reproduction attached to such
affidavit is a faithful copy or reproduction of
that original. In addition, the party or witness
shall bring the original document or object
evidence for comparison during the preliminary
conference with the attached copy,
reproduction, or pictures, failing which the
latter shall not be admitted.
This is without prejudice to the introduction of
secondary evidence in place of the original when
allowed by existing rules.
Section 3. Contents of judicial Affidavit. - A judicial
affidavit shall be prepared in the language known to
the witness and, if not in English or Filipino,
accompanied by a translation in English or Filipino, and
shall contain the following:
(a) The name, age, residence or business
address, and occupation of the witness;
(b) The name and address of the lawyer who
conducts or supervises the examination 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, fully conscious that
he does so under oath, and that he may face
criminal liability for false 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 facts
upon which he testifies;
(2) Elicit from him those facts which are
relevant to the issues that the case
presents; and
(3) Identify the attached documentary
and object evidence and establish 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 an officer
who is authorized by law to administer the
same.

Section 4. Sworn attestation of the lawyer. - (a) The


judicial affidavit shall contain a sworn attestation at the
end, executed by the lawyer who conducted or
supervised the examination of the witness, to the
effect that:
(1) He faithfully recorded or caused to
be recorded the questions he asked
and the corresponding answers that
the witness gave; and
(2) Neither he nor any other person
then present or assisting him coached
the witness regarding the latter's
answers.
(b) A false attestation shall subject the lawyer
mentioned to disciplinary action, including
disbarment.
Section 5. Subpoena. - If the government employee or
official, or the requested witness, who is neither the
witness of the adverse party nor a hostile witness,
unjustifiably declines to 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, and eventual production in
court, the requesting party may avail himself of the
issuance of a subpoena ad testificandum or duces
tecum under Rule 21 of the Rules of Court. The rules
governing 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 to be ex parte.
Section 6. Offer of and objections to testimony in
judicial affidavit. - The party presenting the judicial
affidavit of his witness in place of direct testimony shall
state the purpose of such testimony at the start of the
presentation of the witness. The adverse party may
move to disqualify the witness or to strike out his
affidavit or any of the answers found in it on ground of
inadmissibility. The court shall promptly rule on the
motion and, if granted, shall cause the marking of any
excluded answer by placing it in brackets under the
initials of an authorized court personnel, without
prejudice to a tender of excluded evidence under
Section 40 of Rule 132 of the Rules of Court.
Section 7. Examination of the witness on his judicial
affidavit. - The adverse party shall have the right to
cross-examine the witness on his judicial affidavit and
on the exhibits attached to the same. The party who
presents the witness may also examine him as on redirect. In every case, the court shall take active part in
examining the witness to determine his credibility as
well as the truth of his testimony and to elicit the
answers that it needs for resolving the issues.
Section 8. Oral offer of and objections to exhibits. - (a)
Upon the termination of the testimony of his last
witness, a party shall immediately make an oral offer of
evidence of his documentary or object exhibits, piece

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by piece, in their chronological order, stating the


purpose or purposes for which he offers the particular
exhibit.
(b) After each piece of exhibit is offered, the
adverse party shall state the legal ground for
his objection, if any, to its admission, and the
court shall immediately make its ruling
respecting that exhibit.
(c) Since the documentary or object exhibits
form part of the judicial affidavits that describe
and authenticate them, it is sufficient that such
exhibits are simply cited by their markings
during the 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 criminal actions:
(1) Where the maximum of the
imposable penalty does not exceed six
years;
(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 the penalties
involved are.
(b) The prosecution shall submit the judicial
affidavits of its witnesses not later than five
days before the pre-trial, serving copies if the
same upon the accused. The complainant or
public prosecutor shall attach to the affidavits
such documentary 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 shall be
admitted at the trial.
(c) If the accused desires to be heard on his
defense after receipt of the judicial affidavits of
the prosecution, he shall have the option to
submit his judicial affidavit as well as those of
his witnesses to the court within ten days from
receipt of such affidavits and serve a copy of
each on the public and private prosecutor,
including his documentary and object evidence
previously marked as Exhibits 1, 2, 3, and so
on. These affidavits shall serve as direct
testimonies of the accused 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 fails to submit the
required judicial affidavits and exhibits on time shall be
deemed to have waived their submission. The court
may, however, allow only once the late submission of

the same provided, the delay is for a valid reason,


would not unduly prejudice the opposing party, 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 at the
scheduled hearing of the case as required.
Counsel who fails to appear without valid cause
despite notice shall be deemed to have waived
his client's right to confront by crossexamination the witnesses there present.
(c) The court shall not admit as evidence
judicial affidavits that do not conform to the
content requirements of Section 3 and the
attestation requirement of Section 4 above.
The court may, however, allow only once the
subsequent submission of the compliant
replacement affidavits before the hearing or
trial provided the delay is for a valid reason
and would not unduly prejudice the opposing
party and provided 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 of Court and the
rules of procedure governing investigating officers and
bodies authorized by the Supreme Court to receive
evidence are repealed or modified insofar as these are
inconsistent with the provisions of this Rule.1wphi1
The rules of procedure governing quasi-judicial bodies
inconsistent herewith are hereby disapproved.
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. It shall 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

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MARIANO C. DEL
CASTILLO
Associate Justice

ROBERTO A. ABAD
Associate Justice

Rule 1.02 - A lawyer shall not counsel or abet activities


aimed at defiance of the law or at lessening confidence
in the legal system.

MARTIN S.
VILLARAMA, JR.
Associate Justice

JOSE P. PEREZ
Associate Justice

Rule 1.03 - A lawyer shall not, for any corrupt motive or


interest, encourage any suit or proceeding or delay any
mans cause.

JOSE C. MENDOZA
Associate Justice

BIENVENIDO L.
REYES
Associate Justice

Rule 1.04 - A lawyer shall encourage his clients to


avoid, end or settle a controversy if it will admit of a
fair settlement.

ESTELA M. PERLAS-BERNABE
Associate Justice

Footnotes
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 and quasi-judicial bodies.
1

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL


SERVICES AVAILABLE IN AN EFFICIENT AND
CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS
OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid
reasons, the cause of the defenseless or the
oppressed.
Rule 2.02 - In such cases, even if the lawyer does not
accept a case, he shall not refuse to render legal
advice to the person concerned if only to the extent
necessary to safeguard the latters rights.
Rule 2.03 - A lawyer shall not do or permit to be done
any act designed primarily to solicit legal business.
Rule 2.04 - A lawyer shall not charge rates lower than
those customarily prescribed unless the circumstances
so warrant.
CANON 3 - A LAWYER IN MAKING KNOWN HIS
LEGAL SERVICES SHALL USE ONLY TRUE, HONEST,
FAIR, DIGNIFIED AND OBJECTIVE INFORMATION
OR STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of
any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or claim
regarding his qualifications or legal services.

INTEGRATED BAR OF THE PHILIPINES


CODE OF PROFESSIONAL RESPONSIBILITY
CHAPTER I. THE LAW AND SOCIETY

CANON 1 - A LAWYER SHALL UPHOLD THE


CONSTITUTION, OBEY THE LAWS OF THE LAND
AND PROMOTE RESPECT FOR LAW AND LEGAL
PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.

Rule 3.02 - In the choice of a firm name, no false,


misleading or assumed name shall be used. The
continued use of the name of a deceased partner is
permissible provided that the firm indicates in all its
communications that said partner is deceased.
Rule 3.03 - Where a partner accepts public office, he
shall withdraw from the firm and his name shall be
dropped from the firm name unless the law allows him
to practice law concurrently.
Rule 3.04 - A lawyer shall not pay or give anything of
value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal
business.

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CANON 4 - A LAWYER SHALL PARTICIPATE IN THE


DEVELOPMENT OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF
LEGAL DEVELOPMENTS, PARTICIPATE IN
CONTINUING LEGAL EDUCATION PROGRAMS,
SUPPORT EFFORTS TO ACHIEVE HIGH
STANDARDS IN LAW SCHOOLS AS WELL AS IN
THE PRACTICAL TRAINING OF LAW STUDENTS
AND ASSIST IN DISSEMINATING INFORMATION
REGARDING THE LAW AND JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO
LAWYERS IN GOVERNMENT SERVICE IN THE
DISCHARGE OF THEIR OFFICIAL TASKS.
Rule 6.01 - The primary duty of a lawyer engaged in
public prosecution is not to convict but to see that
justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the
innocence of the accused is highly reprehensible and is
cause for disciplinary action.
Rule 6.02 - A lawyer in the government service shall
not use his public position to promote or advance his
private interests, nor allow the latter to interfere with
his public duties.
Rule 6.03 - A lawyer shall not, after leaving
government service, accept engagement or
employment in connection with any matter in which he
had intervened while in said service.
CHAPTER II. LAWYER AND THE LEGAL
PROFESSION
CANON 7 - A LAWYER SHALL AT ALL TIMES
UPHOLD THE INTEGRITY AND DIGNITY OF THE
LEGAL PROFESSION AND SUPPORT THE
ACTIVITIES OF THE INTEGRATED BAR.
Rule 7.01 - A lawyer shall be answerable for knowingly
making a false statement or suppressing a material
fact in connection with his application for admission to
the bar.

shall he, whether in public or private life, behave in a


scandalous manner to the discredit of the legal
profession.
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF
WITH COURTESY, FAIRNESS AND CANDOR
TOWARD HIS PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.
Rule 8.01 - A lawyer shall not, in his professional
dealings, use language which is abusive, offensive or
otherwise improper.
Rule 8.02 - A lawyer shall not, directly or indirectly,
encroach upon the professional employment of another
lawyer; however, it is the right of any lawyer, without
fear or favor, to give proper advice and assistance to
those seeking relief against unfaithful or neglectful
counsel.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
Rule 9.01 - A lawyer shall not delegate to any
unqualified person the performance of any task which
by law may only be performed by a member of the Bar
in good standing.
Rule 9.02 - A lawyer shall not divide or stipulate to
divide a fee for legal services with persons not licensed
to practice law, except:
a) Where there is a pre-existing agreement with a
partner or associate that, upon the latters death,
money shall be paid over a reasonable period of time
to his estate or to persons specified in the agreement;
or
b) Where a lawyer undertakes to complete unfinished
legal business of a deceased lawyer; or
c) Where a lawyer or law firm includes non-lawyer
employees in a retirement plan, even if the plan is
based in whole or in part, on a profitable sharing
arrangement.
CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS
AND GOOD FAITH TO THE COURT.

Rule 7.02 - A lawyer shall not support the application


for admission to the bar of any person known by him to
be unqualified in respect to character, education, or
other relevant attribute.

Rule 10.01 - A lawyer shall not do any falsehood, nor


consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any artifice.

Rule 7.03 - A lawyer shall not engage in conduct that


adversely reflects on his fitness to practice law, nor

Rule 10.02 - A lawyer shall not knowingly misquote or


misrepresent the contents of paper, the language or

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the argument of opposing counsel, or the text of a


decision or authority, or knowingly cite as law a
provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not
been proved.
Rule 10.03 - A lawyer shall observe the rules of
procedure and shall not misuse them to defeat the
ends of justice.
CANON 11 - A LAWYER SHALL OBSERVE AND
MAINTAIN THE RESPECT DUE TO THE COURTS
AND TO JUDICIAL OFFICERS AND SHOULD INSIST
ON SIMILAR CONDUCT BY OTHERS.
Rule 11.01 - A lawyer shall appear in court properly
attired.
Rule 11.02 - A lawyer shall punctually appear at court
hearings.
Rule 11.03 - A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before the
Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge
motives not supported by the record or have no
materiality to the case.
Rule 11.05 - A lawyer shall submit grievances against a
Judge to the proper authorities only.
CANON 12 - A LAWYER SHALL EXERT EVERY
EFFORT AND CONSIDER IT HIS DUTY TO ASSIST
IN THE SPEEDY AND EFFICIENT ADMINISTRATION
OF JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless
he has adequately prepared himself on the law and the
facts of his case, the evidence he will adduce and the
order of its preferences. He should also be ready with
the original documents for comparison with the copies.
Rule 12.02 - A lawyer shall not file multiple actions
arising from the same cause.
Rule 12.03 - A lawyer shall not, after obtaining
extensions of time to file pleadings, memoranda or
briefs, let the period lapse without submitting the same
or offering an explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a case,
impede the execution of a judgement or misuse Court
processes.

Rule 12.05 - A lawyer shall refrain from talking to his


witness during a break or recess in the trial, while the
witness is still under examination.
Rule 12.06 - A lawyer shall not knowingly assist a
witness to misrepresent himself or to impersonate
another.
Rule 12.07 - A lawyer shall not abuse, browbeat or
harass a witness nor needlessly inconvenience him.
Rule 12.08 - A lawyer shall avoid testifying in behalf of
his client, except:
a) on formal matters, such as the mailing,
authentication or custody of an instrument, and the
like, or
b) on substantial matters, in cases where his testimony
is essential to the ends of justice, in which event he
must, during his testimony, entrust the trial of the case
to another counsel.
CANON 13 - A LAWYER SHALL RELY UPON THE
MERITS OF HIS CAUSE AND REFRAIN FROM ANY
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR
GIVES THE APPEARANCE OF INFLUENCING THE
COURT
Rule 13.01 - A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
Rule 13.02 - A lawyer shall not make public statements
in the media regarding a pending case tending to
arouse public opinion for or against a party.
Rule 13.03 - A lawyer shall not brook or invite
interference by another branch or agency of the
government in the normal course of judicial
proceedings.
CHAPTER IV. THE LAWYER AND THE CLIENT
CANON 14 - A LAWYER SHALL NOT REFUSE HIS
SERVICES TO THE NEEDY.
Rule 14.01 - A lawyer shall not decline to represent a
person solely on account of the latters race, sex, creed
or status of life, or because of his own opinion
regarding the guilt of said person.
Rule 14.02 - A lawyer shall not decline, except for
serious and sufficient cause, an appointment as
counsel de oficio or as amicus curiae, or a request from
the Integrated Bar of the Philippines or any of its
chapters for rendition of free legal aid.

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Rule 14.03 - A lawyer may not refuse to accept


representation of an indigent client unless:
a) he is in no position to carry out the work effectively
or competently;
b) he labors under a conflict of interest between him
and the prospective client or between a present client
and the prospective client;
Rule 14.04 - A lawyer who accepts the cause of a
person unable to pay his professional fees shall
observe the same standard of conduct governing his
relations with paying clients.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS
AND TRANSACTIONS WITH HIS CLIENTS.
Rule 15.01 - A lawyer, in conferring with a prospective
client, shall ascertain as soon as practicable whether
the matter would involve a conflict with another client
or his own interest, and if so, shall forthwith inform the
prospective client.
Rule 15.02 - A lawyer shall be bound by the rule on
privilege communication in respect of matters
disclosed to him by a prospective client.
Rule 15.03 - A lawyer shall not represent conflicting
interests except by written consent of all concerned
given after a full disclosure of the facts.
Rule 15.04 - A lawyer may, with the written consent of
all concerned, act as mediator, conciliator or arbitrator
in settling disputes.
Rule 15.05 - A lawyer when advising his client, shall
give a candid and honest opinion on the merits and
probable results of the clients case, neither
overstating nor understating the prospects of the case.
Rule 15.06 - A lawyer shall not state or imply that he is
able to influence any public official, tribunal or
legislative body.
Rule 15.07 - A lawyer shall impress upon his client
compliance with the laws and principles of fairness.
Rule 15.08 - A lawyer who is engaged in another
profession or occupation concurrently with the practice
of law shall make clear to his client whether he is
acting as a lawyer or in another capacity.
CANON 16 - A LAWYER SHALL HOLD IN TRUST
ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS POSSESSION.

Rule 16.01 - A lawyer shall account for all money or


property collected or received for or from the client.
Rule 16.02 - A lawyer shall keep the funds of each
client separate and apart from his own and those of
others kept by him.
Rule 16.03 - A lawyer shall deliver the funds and
property of his client when due or upon demand.
However, he shall have a lien over the funds and may
apply so much thereof as may be necessary to satisfy
his lawful fees and disbursements, giving notice
promptly thereafter to his client. He shall also have a
lien to the same extent on all judgements and
executions he has secured for his client as provided for
in the Rules of Court.
Rule 16.04 - A lawyer shall not borrow money from his
client unless the clients interests are fully protected by
the nature of the case or by independent advice.
Neither shall a lawyer lend money to a client except,
when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for
the client.
CANON 17 - A LAWYER OWES FIDELITY TO THE
CAUSE OF HIS CLIENT AND HE SHALL BE
MINDFUL OF THE TRUST AND CONFIDENCE
REPOSED IN HIM.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
WITH COMPETENCE AND DILIGENCE.
Rule 18.01 - A lawyer shall not undertake a legal
service which he knows or should know that he is not
qualified to render. However, he may render such
service if, with the consent of his client, he can obtain
as collaborating counsel a lawyer who is competent on
the matter.
Rule 18.02 - A lawyer shall not handle any legal matter
without adequate preparation.
Rule 18.03 - A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
there with shall render him liable.
Rule 18.04 - A lawyer shall keep the client informed of
the status of his case and shall respond within a
reasonable time to clients request for information.
CANON 19 - A LAWYER SHALL REPRESENT HIS
CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE
LAW.

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Rule 19.01 - A lawyer shall employ only fair and honest


means to attain the lawful objectives of his client and
shall not present, participate in presenting or threaten
to present unfounded criminal charges to obtain an
improper advantage in any case or proceeding.
Rule 19.02 - A lawyer who has received information
that his client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same, and
failing which he shall terminate the relationship with
such client in accordance with the Rules of Court.
Rule 19.03 - A lawyer shall not allow his client to
dictate the procedure on handling the case.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR
AND REASONABLE FEES.
Rule 20.01 - A lawyer shall be guided by the following
factors in determining his fees:
a) The time spent and the extent of the services
rendered or required;
b) The novelty and difficulty of the questions involved;
c) The importance of the subject matter;
d) The skill demanded;
e) The probability of losing other employment as a
result of acceptance of the proffered case;
f) The customary charges for similar services and the
schedule of fees of the IBP chapter to which he
belongs;
g) The amount involved in the controversy and the
benefits resulting to the client form the service;
h) The contingency or certainty of compensation;
i) The character of the employment, whether
occasional or established; and
j) The professional standing of the lawyer.
Rule 20.02 - A lawyer shall, in cases of referral, with the
consent of the client, be entitled to a division of fees in
proportion to work performed and responsibility
assumed.
Rule 20.03 - A lawyer shall not, without the full
knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or
forwarding allowance or other compensation
whatsoever related to his professional employment
from anyone other than the client.
Rule 20.04 - A lawyer shall avoid controversies with
clients concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice of
fraud.

CANON 21 - A LAWYER SHALL PRESERVE THE


CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED
Rule 21.01 - A lawyer shall not reveal the confidences
or secrets of his client except:
a) When authorized by the client after acquianting him
of the consequences of the disclosure;
b) When required by law;
c) When necessary to collect his fees or to defend
himself, his employees or associates or by judicial
action.
Rule 21.02 - A lawyer shall not, to the disadvantage of
his client, use information acquired in the course of
employment, nor shall he use he same to his own
advantage or that of a third person, unless the client
with full knowledge of the circumstances consents
thereto.
Rule 21.03 - A lawyer shall not, without the written
consent of his client, give information from his files to
an outside agency seeking such information for
auditing, statistical, bookkeeping, accounting, data
processing, or any similar purpose.
Rule 21.04 - A lawyer may disclose the affairs of a
client of the firm to partners or associates thereof
unless prohibited by the client.
Rule 21.05 - A lawyer shall adopt such measures as
may be required to prevent those whose services are
utilized by him, from disclosing or using confidences or
secrets of the client.
Rule 21.06 - A lawyer shall avoid indiscreet
conversation about a clients affairs even with
members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been
consulted about a particular case except to avoid
possible conflict of interest.
CANON 22 - A LAWYER SHALL WITHDRAW HIS
SERVICES ONLY FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE CIRTUMSTANCES.
Rule 22.01 -A lawyer may withdraw his services in any
of the following cases:
a) When the client pursues an illegal or immoral course
of conduct in connection with the matter he is
handling;
b) When the client insists that the lawyer pursue
conduct violative of these canons and rules;
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promote the best interest of the client;


d) When the mental or physical condition of the lawyer
renders it difficult for him to carry out the employment
effectively;
e) When the client deliberately fails to pay the fees for
the services or fails to comply with the retainer
agreement;
f) When the lawyer is elected or appointed to public
office; and
g) Other similar cases.
Rule 22.02 - A lawyer who withdraws or is discharged
shall, subject to a retainer lien, immediately turn over
all papers and property to which the client is entitled,
and shall cooperate with his successor in the orderly
transfer of the matter, including all information
necessary for the proper handling of the matter.
The Code of Professionall Responsibility was initially
drafted by the Committee on Professional
Responsibility, Discipline and Disbarment of the
Integrated Bar of the Philippines, composed of Dean
Irene Cortes as Chairman and Justice Carolina GrioAquino, Attys. Gonzalo W. Gonzalez, Marcelo B. Fernan,
Camilo Quiason, Jose F. Espinosa and Carmelo V. Sison
as members, with former Chief Justice Roberto
Concepcion and former Justice Jose B.L. Reyes as
consultants, and Prof. Myrna S. Feliciano and
Atty.Concepcion Lim-Jardeleza as resource persons.

BY-LAWS OF THE INTEGRATED BAR OF THE


PHILIPPINES ARTICLE I (Sections 1 to 17)
GENERAL PROVISIONS
SECTION 1. Name. The national organization of
lawyers created on January 16, 1973 under Rule of
Court 139-A (hereinafter designated as the Integration
Rule) and constituted on May 4, 1973 into a body
corporate by Presidential Decree No. 181 shall be
known as the Integrated Bar of the Philippines.
SEC.2. Objectives and Purposes. The following are the
general objectives of the Integrated Bar: to elevate the
standards of the legal profession, improve the
administration of justice, and enable the Bar to
discharge its public responsibility more effectively. The
purposes of the Integrated Bar include, without being
limited to, those specified in the per curiam Resolution
of the Supreme Court dated January 9, 1973 ordaining
the integration of the Philippine Bar, to wit:

(1) Assist in the administration of justice;


(2) Foster and maintain on the part of its members high
ideals of integrity, learning, professional competence,
public service and conduct;
(3) Safeguard the professional interest of its members;
(4) Cultivate among its members a spirit of cordiality
and brotherhood;
(5) Provide a forum for the discussion of law,
jurisprudence, law reform, pleading, practice and
procedure, and the relations of the Bar to the Bench
and to the public, and publish information relating
thereto;
(6) Encourage and foster legal education; and
(7) Promote a continuing program of legal research in
substantive and adjective law, and make reports and
recommendations thereon.
SEC.3. Powers, prerogatives, functions, duties, and
responsibilities. The powers, prerogatives, functions,
duties and responsibilities of the Integrated Bar, its
Chapters and other agencies, its officers and
committees, national and local, its commissions, and
its members, are as provided by law, the Integration
Rule, Presidential Decree No. 181, these By-Laws, and
pertinent rules and regulations.
Inter alia, the Integrated Bar shall have perpetual
succession and shall have all legal powers appertaining
to a juridical person, particularly the power to sue and
be sued; to contract and to be contracted with; to hold
real and personal property as may be necessary for
corporate purposes; to mortgage, lease, sell, transfer,
convey and otherwise dispose of the same; to solicit
and receive public and private donations and
contributions; to accept and receive real and personal
property by gift, devise or bequest; to levy and collect
membership dues and special assessments from its
members; to adopt a seal and to alter the same at
pleasure; to have offices and conduct its affairs in the
Greater Manila Area and elsewhere; to make and adopt
by-laws, rules and regulations not inconsistent with the
laws of the Philippines or the Rules of Court,
particularly the Integration Rule; and generally to do all
such acts and things as may be necessary or proper to
carry into effect and promote the objectives and
purposes for which it was organized.
All donations or contributions which may be made by
private entities or persons to the Integrated Bar shall
be exempt from income and gifts taxes, and the same
shall further be deductible in full and shall not be
included for purposes of computing the maximum
amount deductible under Section 30, paragraph (h), of
the National Internal Revenue Code, as amended.
All taxes, charges and fees that may be paid by the
Integrated Bar or any of its Chapters to the
Government or any political subdivision or
instrumentality thereof shall be refundable annually to

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the former for the period extending up to December


31, 1978.
SEC. 4. Non-political Bar. The Integrated Bar is strictly
non-political, and every activity tending to impair this
basic feature is strictly prohibited and shall be
penalized accordingly. No lawyer holding an elective,
judicial, quasi-judicial, or prosecutory office in the
Government or any political subdivision or
instrumentality thereof shall be eligible for election or
appointment to any position in the Integrated Bar or
any Chapter thereof. A Delegate, Governor, officer or
employee of the Integrated Bar, or an officer or
employee of any Chapter thereof shall be considered
ipso facto resigned from his position as of the moment
he files his certificate of candidacy for any elective
public office or accepts appointment to any judicial,
quasi-judicial, or prosecutory office in the Government
or any political subdivision or instrumentality thereof.
SEC. 5. Positions honorary. Except as may be
specifically authorized or allowed by the Supreme
Court, no national or local officer, or committee or
commission member shall receive any compensation,
allowance or emolument from the funds of the
Integrated Bar for any service rendered therein, or be
entitled to reimbursement for any expense incurred in
the discharge of his functions.
SEC. 6. National office. The national office of the
Integrated Bar shall be in the Greater Manila Area.
SEC. 7. Seal and emblem. The seal and the emblem
of the Integrated Bar, as adopted by the Board of
Governors, shall be kept at its national office.
SEC. 8. Notices and processes. Service of all notices
and processes intended for the Integrated of the
Philippines shall be made upon its Secretary or other
authorized representative at its national office.
Except as otherwise provided in these By-Laws, any
notice to be served upon a member of the Integrated
Bar shall be deemed given when deposited in the mail,
postage fully prepaid, and addressed to such member
at his last known office or resident address appearing
in the records or membership roll of the national office
or the Chapter concerned.
Notice to the general membership may be given by
mail, by publication in the Journal of the Integrated Bar
or as otherwise directed by the Board of Governors.
SEC. 9. Officer defined. The term officer as used in
these By-Laws shall include, but not necessarily be
limited to, the following: President, Executive Vice
President, Governors, Secretary, Treasurer and other
national officers of the Integrated Bar, officers and

members of the House of Delegates, Chapter officers


and directors, commissioners, and members of all
national and local committees.
Only members in good standing may become officers,
and unless otherwise provided in these By-Laws, no
person who is not a member of the Integrated Bar may
become an officer.
SEC. 10. Term of office. The term of office of all
elective officers, national and local, shall be two years.
In no case may any member be elected to the same
office for two consecutive terms.
The prohibition against re-election shall not apply to
the position of Treasurer of the Chapter. (As amended
pursuant to Bar Matter No. 668)
SEC. 11. Vacancies. Except as otherwise provided in
these By-Laws, whenever the term of an office or
position, whether elective or appointive, is for a fixed
period, the person chosen to fill the vacancy therein
shall serve only for the unexpired portion of the term.
SEC. 12. Non-answerability of the Integrated Bar. In
the absence of a showing of malice, fraud, bad faith or
negligence, the Integrated Bar, its national officers and
Governors, the officers and members of the House of
Delegates, all of the Chapters and the officers thereof,
commissioners, and all committees national and local,
and the members thereof, shall not be answerable for
any damage incident to any complaint, charge,
investigation, prosecution, proceeding, trial, decision,
resolution, recommendation, or action had, made, done
or taken under the authority of these By-Laws.
SEC. 13. Malfeasance, misfeasance, nonfeasance.
Notwithstanding the provisions of the next preceding
section, the Board of Governors may motu proprio or
upon the relation of any person, inquire into any
malfeasance, misfeasance or nonfeasance committed
by any member of the Integrated Bar or of any of its
Chapters, and, after due hearing, take whatever action
it may deem warranted. Such action may include his
suspension or removal from any office of the Integrated
Bar or of its Chapters held by such erring member, as
well as recommendation to the Supreme Court for his
suspension from the practice of law or disbarment.
The IBP Chapter shall remit to the National Office the
membership dues, net of chapter share, and the
applicable building fund assessment collected by it
within forty-five (45) days from receipt thereof,
otherwise, the President and the Treasurer shall be
subject to administrative sanction as may be
determined by the Board of Governors. (As amended
pursuant to Bar Matter No. 668)

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SEC. 14. Prohibited acts and practices relative to


elections. The following acts and practices relative to
the elections are prohibited, whether committed by a
candidate for any elective office in the Integrated Bar
or by any other member, directly or indirectly, in any
form or manner, by himself or through another person:
(a) Distribution, except on election day, of election
campaign material;
(b) Distribution, on election day, of election material
other than a statement of the biodata of a candidate
on not more than one page of a legal size sheet of
paper; or causing distribution of such statement to be
done by persons other than those authorized by the
officer presiding at the elections;
(c) Campaigning for or against any candidate, while
holding an elective, judicial, quasi-judicial, or
prosecutory office in the Government or any political
subdivision, agency or instrumentality thereof;
(d) Formation of tickets, single slates, or combinations
of candidates, as well as the advertisement thereof;
(e) For the purpose of inducing or influencing a
member to withhold his vote, or to vote for or against a
candidate, (1) payment of the dues or other
indebtedness of any member; (2) giving of food, drink,
entertainment, transportation or any article of value, or
any similar consideration to any to any person; or (3)
making a promise or causing an expenditure to be
made, offered or promised to any person.
SEC.15. Supreme Court observer. The Supreme Court
may designate an official observer at any election of
the Integrated Bar whether national or local.
SEC. 16. Voluntary Bar associations. All voluntary Bar
associations now existing or which may hereafter be
formed may co-exist with the Integrated Bar but shall
not operate at cross-purposes therewith nor against
any policy, act, resolution or decision thereof.
SEC. 17. Rules of Court suppletory. Whenever
applicable, the Rules of Court shall be suppletory to
these By-Laws.
ARTICLE II (Sections 18 to 22) MEMBERSHIP
SEC. 18. Membership. The following persons are,
automatically and without exception, members of the
Integrated Bar of the Philippines:
(a) All lawyers whose names were in the Roll of
Attorneys of the Supreme Court on January 16, 1973;
and
(b) All lawyers whose names were included or are
entered therein after the said date.
SEC.19. Registration. Unless he has already
previously registered, every member heretofore

admitted to the practice of law shall, not later than


December 31, 1974, register in the Integrated Bar as
hereunder required, at the national office or at the
office of his Chapter.
Every person admitted to the practice of law after
these By-Laws become effective shall register in like
manner not later than sixty days after such admission.
Registration shall be accomplished by signing and filing
in duplicate the prescribed registration form containing
such information as may be required by the Board of
Governors, including the following:
(a) Full name, sex and civil status;
(b) Month, date, year and place of birth;
(c) Office address(es);
(d) Residence address(es);
(e) Occupation(s) or employment;
(f) Name of law school and year of graduation;
(g) Year of admission to the Bar; and
(h) Field(s) of specialization in law, if any.
It shall be the duty of the Secretary of every Chapter to
promptly forward a copy of each accomplished
registration form to the national office.
Every change after registration in respect to any of the
matters above specified shall be reported within sixty
(60) days to the chapter Secretary, who shall in turn
promptly report the change to the national office.
Unless he otherwise registers his preference for a
particular Chapter, a lawyer shall be considered a
member of the Chapter of the province, city, political
subdivision or area where his office or, in the absence
thereof, his residence is located. In no case shall any
lawyer be a member of more than one Chapter.
SEC.20. Members in good standing. Every member
who has paid all membership dues and all authorized
special assessments, plus surcharges owing thereon,
and who is not under suspension from the practice of
law or from membership privileges, is a member in
good standing.
SEC.21. Voluntary termination of membership;
reinstatement. A member may terminate his
membership by filing a verified notice to that effect
with the Secretary of the Integrated Bar, who shall
immediately bring the matter to the attention of the
Supreme Court. Forthwith, he shall cease to be a
member and his name shall be stricken from the Roll of
Attorneys.
Reinstatement may be made in accordance with rules
and regulations prescribed by the Board of Governors
and approved by the Court, provided any written
application for reinstatement must be filed with the
Board, which shall, within fifteen (15) days from
receipt, forward the same to the Court with its
appropriate recommendation.

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SEC.22. Retirement, reinstatement. Any member in


good standing who shall have attained the age of
seventy-five years, or shall have been forty years a
lawyer, or who shall, by reason of physical disability or
judicially adjudged mental incapacity, be unable to
engage in the practice of law, may be retired from the
Integrated Bar upon verified petition to the Board of
Governors. Retired members shall not practice law or
be required to pay dues.
A retired member may be reinstated to active
membership upon written application to and approval
by the Board.
The Board shall make periodic reports of retirement
and reinstatement of members to the Supreme Court.
ARTICLE III (Sections 23 to 25) DUES
SEC.23. Membership dues. On or before the 31st day
of December, every member of the Integrated Bar shall
pay annual dues for the ensuing fiscal year in the
amount of FIVE HUNDRED PESOS at the National Office
or at the office of his Chapter, to take effect on January
1, 1995. (As amended pursuant to Bar Matter No. 668)
Membership dues shall be apportioned as follows:
Chapter share, Php200.00; General Fund, Php150.00;
Welfare Fund Php40.00; Legal Aid Php20.00; Bar
Discipline, Php20.00; and IBP Journal Php70.00. (As
amended pursuant to Bar Matter No. 668)
Subject to approval by the Supreme Court, the Board of
Governors may increase the annual membership dues,
or modify the apportionment thereof. (As amended on
January 30, 1992)
Pursuant to Bar Matter No. 616, the Supreme Court
approved the proposal to increase the membership
dues from Php500.00 to Php1,000.00 starting the year
2000 of which 60 per cent shall be alloted for the
National Office while 40 per cent shall go to the
chapters. (Supreme Court Resolution dated February 1,
2000)
THE IBP LIFE MEMBERSHIP PLAN
(Pursuant to Supreme Court Resolution dated August
20, 1996, the life membership fee was increased to
Php8,500.00 effective January 1, 1997.)
A member of the IBP may apply for life membership
therein by filing an application there for directly with
the national office or through the appropriate chapter
under the following terms:
(1) That the member shall be in good standing as
provided for under Section 20, Article II of these ByLaws at the time he files his application for life
membership;
(2) That he pays to the national office his life
membership fee in the sum of FIVE THOUSAND PESOS
(Php5,000.00) and

(3) That he abides by the rules and regulations


promulgated by the Integrated Bar of the Philippines
implementing the life membership plan.
Upon payment of the life membership fee of FIVE
THOUSAND PESOS (Php5,000.00), the member shall be
enrolled in the Roll of Life Members to be prepared by
and kept in the Office of the Treasurer of the Integrated
Bar of the Philippines. He shall be issued a certificate of
life membership to be signed by the national president
and attested by the National Secretary.
The life membership fee of FIVE THOUSAND PESOS
(Php5,000.00) shall be deposited in a reputable
banking institution chosen by the Board of Governors,
Integrated Bar of the Philippines, as a perpetual trust
fund which shall earn interest at the best possible rate
per annum.
Only the annual income of the life membership trust
fund shall be available for expenditure of the IBP and
shall be applied as follows:
(1) To the payment of the life members annual dues as
provided in Section 23, Article III of these By-Laws;
(2) Fifty percent of the balance of the income, if any,
shall be automatically appropriated for the operational
expenses of the Committee on Bar Discipline, including
the salaries of the national investigators or
commissioners and the staff of the Committee;
(3) The other fifty percent of the balance, if any, shall
be deposited as part of the life membership trust fund.
Any life member, whose membership in the IBP
terminates by retirement or for any other cause, shall
cease to be a life member of the Integrated Bar of the
Philippines. (As amended pursuant to Supreme Court
Resolution dated October 27, 1992)
All lawyers shall indicate in all pleadings, motions and
papers signed and filed by them in any court in the
Philippines and in the case of government lawyers, in
all official documents issued by them the number and
date of their official receipt indicating payment of their
annual membership dues to the Integrated Bar of the
Philippines for the current year, or in the case of life
members, their life membership roll number. (As
amended pursuant to Bar Matter No. 668)
SEC.24. Effect of non-payment of dues. Except for the
fiscal year 1974-1975, any member who has not paid
his membership dues for any given fiscal year on or
before the last day (June 30) of the immediately
preceding fiscal year shall be considered a dues
delinquent member. For the fiscal year 1974-1975 any
member who has not paid the annual dues on or before
November 30, 1974 shall be considered dues
delinquent. If the delinquency continues until the
following December 31, the Board of Governors shall
by Resolution forthwith suspend all his membership
privileges other than the practice of law. A copy of such
resolution shall be sent by registered mail to the
member and to the secretary of the chapter concerned.

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The Board shall promptly inquire into the cause or


causes of the delinquency and take whatever action it
shall deem appropriate, including a recommendation to
the Supreme Court for the suspension of the
delinquent member from the practice of law.
Should the delinquency further continue until the
following June 29, the Board shall promptly inquire into
the cause or causes of the continued delinquency and
take whatever action it shall deem appropriate,
including a recommendation to the Supreme Court for
the removal of the delinquent members name from
the Roll of Attorneys. Notice of the action taken shall be
sent by registered mail to the member and to the
Secretary of the Chapter concerned.
Whenever a delinquent member makes full payment of
the membership dues owing, plus a sum equivalent to
10 percent thereof, such fact shall without delay be
reported to the Board, which shall take such action as
may be warranted.
A member whose name is removed from the Roll of
Attorneys pursuant to the provision of this Section may
apply for reinstatement under the provisions of the
second paragraph of Section 21 (Voluntary termination
of membership; reinstatement)

to the end that, as far as practicable, no chapter shall


have more than one thousand nor less than five
hundred members, beginning with the fiscal year 19771978.
The Board shall study the feasibility of organizing
Chapters in new provinces.

SEC.25. Remission or lifting of sanctions. The Board of


Governors may, for justifiable reasons, remit or lift
sanctions already imposed, and authorize the
retroactive reinstatement of the member concerned.
However, sanctions imposed or approved by the
Supreme Court may be remitted or lifted only by the
Court.

INTEGRATED BAR OF THE PHILIPPINES CHAPTER


BY-LAWS

ARTICLE IV (Sections 26 to 29) CHAPTERS


SEC.26. Chapters. A Chapter of the Integrated Bar
shall be organized in every province existing on the
date of the effectivity of the Integration Rule. Except as
hereinbelow provided, every city shall be considered
part of the province within which it was geographically
situated prior to its creation as a city.
A separate chapter shall be organized in each of the
following political subdivisions or areas:
(a) The sub-province of Aurora;
(b) Each congressional district of the City of Manila
existing on the date of the effectivity of the Integration
Rule;
(c) Quezon City;
(d) Caloocan City, Malabon and Navotas;
(e) Pasay City, Makati, Mandaluyong and San Juan del
Monte;
(f) Cebu City; and
(g) Zamboanga City, Basilan City, and Basilan Province.
The Board of Governors shall reorganize the various
Chapters of cities and provinces, by division or merger,

SEC.27. Coordination of Chapter activities. The Board


shall coordinate and supervise the activities of all the
Chapters for purposes of promoting maximum lawyer
participation in Integrated Bar affairs, and effective
administration and operation of the organization.
SEC.28. Chapter local government. Each Chapter
shall have its own government.
SEC.29. Uniform by-laws. Every Chapter shall strictly
observe the following by-laws, but the Board of Officers
of any Chapter may submit for consideration and
action by the Board of Governors such additional
provisions as may be demanded by local conditions.

SECTION 1. Objectives and Purposes. The


fundamental objective of the Chapter shall be to
administer the affairs of the Integrated Bar within its
territorial jurisdiction, under the general direction and
supervision of the Board of Governors, with the end in
view of elevating the standards of the legal profession,
improving the administration of justice, enabling the
Bar to discharge its public responsibility more
effectively, and carrying out the purposes specified in
the per curiam Resolution of the Supreme Court dated
January 9, 1973 ordaining the integration in Section 2
(objectives and purposes) of the By-Laws of the
Integrated Bar.
SEC. 2. Membership. The Chapter comprises all
members registered in its membership roll. Each
member shall maintain his membership until the same
is terminated on any of the grounds set forth in the ByLaws of the Integrated Bar, or he transfers his
membership to another chapter as certified by the
Secretary of the latter, provided that the transfer is
made not less than three months immediately
preceding any Chapter election.
SEC. 3. Membership dues and special assessments.
Every member of the Integrated Bar registered in the
chapter shall pay annual membership dues as
prescribed by the By-Laws of the Integrated Bar or by
the Board of Governors, subject to the sanctions that

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maybe imposed in case of delinquency. Special


assessments for specific purposes as may be required
may be imposed, and non-payment thereof shall be
subject to the same sanctions provided for nonpayment of dues; Provided, that the total amount for
special assessments in any given fiscal year shall not
exceed the amount of the annual dues. If a special
assessment does not exceed Php25.00, the same may
be made effective immediately. If in excess of
Php25.00, a special assessment shall not become
effective until approved by the written vote of the
majority of all the members. Special assessments shall
remain effective unless revoked or amended by the
majority of all the members at a special meeting called
for the purpose in accordance with Section 4 (Chapter
meetings) hereof.
SEC. 4. Chapter meetings. The Chapter annual
meeting shall be held on the last Saturday of February
at such time and place as the Board of Officers shall
designate. Special meetings may be called by the
President, and shall be called upon the written request
of five members of the Board of Officers or of at least
thirty percent of the entire membership. Written notice
of any meeting shall be mailed by the Secretary to
each member, at his last known address, at least 30
days prior to the meeting. The Board of Officers shall
take such measures as may be necessary to ensure the
attendance of all members at all meetings.
At any annual or special meeting, the members
present shall constitute a quorum for the transaction of
business.
SEC. 5. Board of Officers. The government of the
Chapter is vested in a Board of Officers composed of a
President, a Vice President, a Secretary, a Treasurer, an
Auditor, a Public Relations Officer and five Directors,
who shall be elected at the biennial meeting and shall
hold office for a term of two years from the first day of
April next following their election and until their
successors shall have been duly chosen and qualified.
(As amended pursuant to Bar Matter No. 668)
In addition to the elected officers, the immediate PastPresident shall ipso facto become an ex-officio (nonvoting) member of the Board of Directors. As amended
pursuant to Bar Matter No. 1049) The President and
Vice President shall be chairman and vice chairman,
respectively.
In case of any permanent vacancy in the Board of
Officers, except that of President which shall be filled
by the Vice President, the Board shall elect a successor
to serve for the unexpired portion of the term. In case
of a temporary vacancy that affects the quorum of the
Board, the remaining members of the Board shall elect
a temporary replacement. Any member of the Board
may be removed for cause, including three consecutive
absences from Board meetings without justifiable

excuse, upon resolution adopted by the majority of the


remaining members of the Board at a regular meeting.
Within ten days from receipt of the resolution, the
aggrieved party may appeal to the Board of Governors,
whose decision shall be final.
SEC. 6. Meeting of the Board of Officers. Regular
monthly meetings shall be held by the Board of Officers
on such date and at such time and place as it shall
designate. Special meetings may be called by the
President, and shall be called upon the written request
of five members of the Board. Five members of the
Board shall constitute a quorum.
SEC. 7. Duties of officers.
(a) President. The President shall be the chief
executive of the Chapter. He shall preside at all
Chapter meetings and at all meetings of the Board of
Officers.
(b) Vice President. The Vice President shall perform
the duties of the President during the absence or
inability of the latter to act, and such other duties as
may be assigned to him by the President and the
Board.
(c) Secretary. The Secretary shall attend all meetings
of the Board of Officers and keep a record of all the
proceedings thereof; prepare and maintain a
membership roll of the Chapter and keep all the
records thereof; prepare official ballots for all election;
and perform such other duties as may be assigned to
him by the President and the Board.
(d) Treasurer. The Treasurer shall receive, collect and
safely keep, under the direction of the Board of
Governors and the Board of Officers, all funds of the
Chapter; promptly remit to the national office the
latters share of the dues and assessments under
Section 23 (Membership Dues) of the By-Laws of the
Integrated Bar; keep proper books of accounts and
render reports of receipts and disbursements as may
be required; and perform such other duties as may be
assigned to him by the President and the Board. He
shall furnish a bond at the expense of the Chapter, in
such amount as may be required by the Board of
Governors.
All disbursements shall be made over the signature of
the Treasurer, countersigned by the President or, in his
absence, by the Vice President.
SEC. 8. Delegates. The President shall concurrently
be the Delegate of the Chapter to the House of
Delegates. The Vice President shall be his alternate,
unless the chapter is entitled to have more than one
Delegate, in which case the Vice President shall also be
a Delegate. Additional Delegates and alternates shall in
proper cases be elected by the Board.

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SEC. 9. Annual budget. The Board shall adopt an


annual budget. No disbursement shall be made except
in accordance therewith.
SEC. 10. Audit. Audit of all Chapter funds, accounts,
receipts and disbursements shall be in accordance with
rules and regulations prescribed by the Board of
Governors.
SEC. 11. Committees. The President shall, with the
concurrence of the majority of the Board of Officers,
appoint the following standing committees: a
committee on legal aid and committee on legislation.
The Board may create such other committees as may
be necessary.
The members of all committees shall serve for a term
of one year, and until their respective successors shall
have been duly appointed and qualified. It shall be the
duty of the committee on legal aid to establish legal
aid bureaus for deserving poor litigants and set up
lawyer referral services. It shall be the duty of the
committee on legislation to consider and propose any
legislation relating to substantive and remedial law.
SEC. 12. Rules governing elections. The following
rules shall govern elections:
(a) Date and place of elections. Elections of Officers
and Directors shall be held on the last Saturday of
February every other year at such time and place as
the Board shall designate, which shall be stated in the
notice to be sent to every member by personal delivery
or by mail not less than thirty days prior to the
elections.
(b) Responsibility for the elections. The preparation of
all election paraphernalia, the setting up of registration
and canvassing committees, and all other matters
relating to the elections, shall be the responsibility and
shall be under the supervision and control of the
President.
(c) Voters list. Not earlier that twenty-five days nor
later that fifteen days prior to the elections, the
Secretary shall submit to the Board of Officers a list of
the names of all the members entitled to vote. The
voters list shall then remain closed and shall not be
altered except upon direction of the Board. However, it
shall be open to inspection by all members, and, upon
request, copies thereof shall be furnished to any
member upon payment of actual cost.
Any member who is delinquent in the payment of dues
or any assessment, including surcharges owing,
twenty-five days prior to the day of the elections, shall
be excluded from the voters list.
(d) Violation. - Any violation of the rules governing
elections or commission of any of the prohibited acts
and practices defined in Section 14 (Prohibited acts
and practices relative to elections) of the By-Laws of
the Integrated Bar shall be a ground for the

disqualification of a candidate or his removal from


office if elected, without prejudice to the imposition of
sanctions upon any erring member pursuant to the ByLaws of the Integrated Bar.
(e) Election campaign material. No election campaign
material other than a statement of the biodata of the
candidate or aspirant on not more than one page of a
legal size sheet of paper shall be allowed, and
distribution thereof shall be made only on the day of
elections and only by persons authorized by the officer
presiding at the elections.
(f) Eligibility. No member may be elected to any office
whose name is not duly included in the voters list, or
who is disqualified by the Integration Rule, by the ByLaws of the Integrated Bar, or by these by-laws.
(g) Nomination of candidates. - Any eligible member
may, upon his written consent, be nominated to any
office: Provided, that no member may be a candidate
for more than one office. Every nomination shall be
made orally by a member other than the nominee and
shall be limited to a statement of the full name of the
nominee. No member who is not personally present at
the election meeting may be nominated. No
nomination other than on the floor shall be allowed. In
no case shall any nomination or campaign speech be
permitted.
(h) Disqualification proceedings. Any question
relating to the eligibility of a candidate must be raised
prior to the casting of ballots, and shall be immediately
decided by the presiding officer. An appeal from such
decision maybe taken to the members in attendance
who shall forthwith resolve the appeal by plurality vote.
Voting shall be by raising of hands. The decision of the
members shall be final, and the elections shall
thereafter proceed. Recourse to the Board of Governors
may be had in accordance with Section 13 (Election
contest) hereof.
(i) Voting. - Voting for Officers and Directors shall be by
secret ballot. Official ballots shall be provided for the
purpose. Voting by proxy shall not be allowed.
(j) Canvassing of ballots. The presiding officer shall
organize as many committees as are they necessary
composed of three non-candidates each, which shall
canvass all votes cast in the elections immediately
after the last ballot shall have been cast. Canvassing,
when started, shall be continuous until finished and
shall be within the view and observation of as many
members as possible. In the reading of the ballots, the
rules embodied in the general election law shall be
followed. The chairman and members of each
committee shall certify to the correctness of the tally
made by them.
(k) Certification of election results. Elections shall be
determined by plurality vote. Any tie vote shall be
broken by drawing of lots. The presiding officer,
immediately after all the votes have been canvassed
and tallied and the results announced by him, shall

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transmit the results of the elections to the President of


the Integrated Bar by the fastest means of
communication, to be followed by a confirmatory
certificate of the said results bearing the names of all
elected officers, their respective addresses and the
respective offices to which they were elected, together
with all the ballots and tally sheets in a separate sealed
envelope or envelopes.
SEC. 13. Election contests. Any member desiring to
contest an election shall, within three days after
election day, file with the Board of Governors a written
protest setting forth the grounds therefor. The decision
of the Board thereon shall be final.
SEC. 14. Rules and regulations. The Chapter may
adopt such rules and regulations as it shall see fit,
including a minimum attorneys fees schedule, not
inconsistent with these by-laws, the By-Laws of the
Integrated Bar, and the Integration Rule.
All rules and regulations shall be binding upon all
members of the Integrated Bar who render legal
services of any kind within the territorial boundaries of
the Chapter.
SEC. 15. Minimum attorneys fees schedule. Any
minimum attorneys fees schedule adopted shall not be
construed as fixing the maximum fee or the reasonable
fee to be charged in any given case or situation. Any
fees schedule and all amendments thereto shall
become effective immediately, but maybe modified or
disapproved by the Board of Governors, and shall be
filed with the Secretary of the Integrated Bar. The
Secretary of the Chapter shall send copies of fees
schedules and all amendments thereto to the
Secretaries of all other Chapters and the Board of
Governors.
SEC. 16 Claims. Expenses incurred with the approval
of the Board of Officers by committees in the
performance of official duties shall be proper claims for
reimbursement, subject to approval by the Board of
Governors and to the provision of Section 14 of the
Integration Rule and Section 5 (Positions honorary) of
the By-Laws of the Integrated Bar, and to the
availability of funds. All claims accompanied by the
receipts accomplished in accordance with requirements
prescribed by the Board of Governors shall be
submitted to the Board of Officers for proper action.

Sec 17. Amendments. These by-laws may be


amended by the Board of Governors with the approval
of the Supreme Court. The rules and regulations which
may be adopted by the Chapter under the authority of
Section 29 (Uniform by-laws) of the By-Laws of the
Integrated Bar may be amended by the vote of twothirds of the members present at a meeting called for
the purpose, subject to the approval of the Board of
Governors.
ARTICLE V (Sections 30 to 36) HOUSE OF
DELEGATES
SEC. 30. Composition of the House. The Integrated
Bar shall have a House of Delegates composed of not
more than one hundred and twenty members
apportioned among all the Chapters. On or before
December 31, 1974, and every two years thereafter,
the Board of Governors shall make a reapportionment
of Delegates among all the Chapters as nearly as may
be according to the number of their respective
members, but each Chapter shall have at least one
Delegate.
SEC. 31. Membership. The membership of the House
of shall consist of all the Chapter Presidents of the
Chapters entitled to more than one Delegate each, the
Vice Presidents of the Chapters and such additional
Delegates as the Chapters are entitled to. Unless the
Vice President is already a Delegate, he shall be an
alternate Delegate. Additional Delegates and
alternates shall in proper cases be elected by the
Board of Officers of the Chapter. Members of the Board
of Governors who are not Delegates shall be members
ex officio of the House, without the right to vote.
SEC. 32. Term of office. The term of office of
additional and alternate Delegates shall be
coterminous with that of Chapter Delegates.
SEC. 33. Annual Convention. (a) Unless for special
reasons another date is set by the Board of Governors,
the House shall hold an annual convention during the
moth of April of each year, at the call of the Board, at
such time and place as the Board shall determine. Each
Region shall be entitled to host one annual or special
convention every nine years.
The convention program shall be prepared by the
Board. No convention of the House of Delegates nor of
the general membership shall be held prior to any
election in an election year. (As amended pursuant to
Bar Matter 491)
(b) The President and Executive Vice President of the
IBP shall be the Chairman and Vice-Chairman,
respectively, of the House of Delegates.The Secretary,
Treasurer, and Sergeant-at-Arms shall be appointed by

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the President with the consent of the House of


Delegates. (As amended pursuant to Bar Matter 491)
(c) At or prior to the annual convention, there shall be
published an address by the President on the state of
the Integrated Bar, a report of the proceedings, reports
of officers and committees, and recommendations
submitted in connection with these reports.
(d) Any matter not included in the published
convention program may considered, debated or acted
upon by the House, upon written petition signed by at
least twenty Delegates.
(e) During the deliberations, no persons shall speak for
more than five minutes or more than twice on the
same matter, unless otherwise authorized by the
Chairman.
(f) The House shall be a deliberative body of the
Integrated Bar, and its resolutions shall bind the
Integrated Bar when concurred in by the Board of
Governors.
(g) At all deliberations of the House, whether in annual
or special convention, the Roberts Rules of Order shall
govern.
SEC. 34. Special convention. Special conventions of
the House may be called by the Board of Governors
motu proprio, or upon written petition therefor filed
with the Secretary of the Integrated Bar signed by not
less than thirty Delegates. The Board shall set the
date, time and place for each special convention.
Notice shall be given to all Delegates at least thirty
days before the convention, stating the purpose and
the urgency thereof as well as the business to be
transacted thereat.
SEC. 35. Quorum. The Delegates present at any
session of a convention shall constitute a quorum to do
business.
SEC. 36. Duties of Delegates. The Delegates shall
attend every convention of the House, promote the
work of the convention, and make reports of the
proceedings thereof to their respective Chapters.

ARTICLE VI (Sections 37 to 46) BOARD OF


GOVERNORS
SEC. 37. Composition of the Board. The Integrated
Bar of the Philippines shall be governed by a Board of
Governors consisting of nine (9) Governors from the (9)
regions as delineated in Section 3 of the Integration
Rule, on the representation basis of one (1) Governor
for each region to be elected by the members of the
House of Delegates from the region only. The position
of Governor should be rotated among the different

Chapters in the Region. (As amended pursuant to Bar


Matter 491)
SEC. 38. Term of office. The Governors shall hold
office for a term of two years from July 1 immediately
following their election to June 30 of their second year
in office and until their successors shall have been duly
chosen and qualified.
SEC. 39. Nomination and election of the Governors.
At least one (1) month before the national convention
the delegates from each region shall elect the governor
for their region, the choice of which shall as much as
possible be rotated among the chapters in the region.
(As amended pursuant to Bar Matter 491)
SEC. 40. Election contests. Any nominee desiring to
contest an election shall, within two days after the
announcement of the results of the elections, file with
the President of the Integrated Bar a written protest
setting forth the grounds therefor. Upon receipt of such
petition, the President shall forthwith call a special
meeting of the outgoing Board of Governors to
consider and hear the protest, with due notice to the
contending parties. The decision of the Board shall be
announced not later than the following May 31, and
shall be final and conclusive.
SEC. 41. Functions of the Board. The Board of
Governors shall have general charge of the affairs and
activities of the Integrated Bar. It shall have authority,
inter alia, to:
(a) Fix the date, time and place of every convention of
the House of Delegates, subject to the provisions of
Section 33 (Annual convention) and 34 (Special
conventions);
(b) Make appropriations and authorize disbursements
from the funds of the Integrated Bar, subject to the
provisions of Sections 14 of the Integration Rule and
Section 5 (Positions honorary) of these By-Laws;
(c) Engage the services of employees, define their
duties and fix their compensation;
(d) Receive, consider and act on reports and
recommendations submitted by the House of
Delegates or its committees;
(e) Provide for the publication of the Journal of the
Integrated bar;
(f) Administer the Welfare Fund in accordance with
such rules and regulations as it may promulgate;
(g) Fill vacancies, however arising, in the positions of
officers of the Integrated Bar, subject to the provisions
of Sec. 8 of the Integration Rule, and Section 11
(Vacancies), Section 44 (Removal of members), Section
47 (National officers), Section 48 (Other officers), and
Section 49 (Terms of Office) of these By-Laws;
(h) Subject to the approval of the Supreme Court,

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promulgate Canons of Professional Responsibility for all


members of the Integrated Bar;
(i) Promulgate rules and regulations for the
establishment and maintenance of lawyer referral
services throughout the Philippines;
(j) Subject to the approval of the Supreme Court,
impose special assessments for specific national
purposes, and impose, or recommend in proper cases
to the Court the imposition of, sanctions for nonpayment or delinquency in the payment thereof;
(k) Prescribe such rules and regulations as may be
necessary and proper to carry out the objectives and
purposes of the Integrated Bar as well as the provisions
of the Integration Rule and Presidential Decree No.
181; and
(i) Perform such other functions as may be necessary
or expedient in the interest of the Integrated Bar.
SEC. 42. Meetings. - The Board shall meet regularly
once a month, on such date and such time and place
as it shall designate. Special meetings may be called
by the President, and shall be called by him upon the
written request of five members of the Board.
SEC. 43. Quorom. - Five members of the Board shall
constitute a quorum to transact business. However, the
Board may take action, without a meeting, by
resolution signed by at least five governors, provided
that every member of the Board shall have been
previously apprised of the contents of the resolution.
SEC. 44. Removal of members. - If the Board of
Governors should determine after proper inquiry that
any of its members, elective or otherwise, has for any
reason become unable to perform his duties, the
Board, by resolution of the Majority of the remaining
members, may declare his position vacant, subject to
the approval of the Supreme Court.
Any member of the Board, elective or otherwise, may
be removed for cause, including three consecutive
absences from Board meetings without justifiable
excuse, by resolution adopted by two-thirds of the
remaining members of the Board, subject to the
approval of the Supreme Court. In case of any vacancy
in the office of Governor for whatever cause, the
delegates from the region shall by majority vote, elect
a successor from among the members of the Chapter
to which the resigned governor is a member to serve
as governor for the unexpired portion of the term. (As
amended pursuant to Supreme Court Resolution dated
March 2, 1993)

SEC. 45. Executive Committee. - There shall be an


Executive Committee of not less than three Governors,
the powers, functions, duties and responsibilities of
which shall be as prescribed by the Board. The
President shall be the chairman thereof.
SEC. 46. Urgent matters. - Should the Executive
Committee consider it desirable and imperative that
any matter be decided urgently by the Board, and it is
not practicable or expedient for the Board to convene,
the Executive Committee may, for the purpose, direct a
poll of all the members of the Board on that matter, to
be taken by correspondence, telegram, radiogram,
cablegram, or any other expeditious means, and the
effect of such a poll shall be the same as if the votes
therein were cast at a regular meeting of the Board.
ARTICLE VII (Sections 47 to 51) NATIONAL
OFFICERS
SEC. 47. National Officers. - The Integrated Bar of the
Philippines shall have a President and Executive Vice
President to be chosen by the Board of Governors from
among nine (9) regional governors, as much as
practicable, on a rotation basis. The governors shall be
ex officio Vice President for their respective regions.
There shall also be a Secretary and Treasurer of the
Board of Governors to be appointed by the President
with the consent of the Board. (As amended pursuant
to Bar Matter 491)
The Executive Vice President shall automatically
become President for the next succeeding term. The
Presidency shall rotate among the nine Regions.
SEC. 48. Other officers. - Other officers and employees
as the Board may require shall be appointed by the
President with the consent of the Board. Such officers
and employees need not be members of the Integrated
Bar.
SEC. 49. Terms of office. - The President and the
Executive Vice President shall hold office for a term of
two years from July 1 following their election until June
30 of their second year in office and until their
successors shall have been duly chosen and qualified.
In the event the President is absent or unable to act,
his functions and duties shall be performed by the
Executive Vice President, and in the event of the death,
resignation, or removal of the President, the Executive
Vice President shall serve as Acting President for the
unexpired portion of the term. In the event of the
death, resignation, removal or disability of both the
President and the Executive Vice President, the Board
of Governors shall elect an Acting President to hold
office for the unexpired portion of the term or during
the period of disability. Unless otherwise provided in

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these By-Laws, all other officers and employees


appointed by the President with the consent of the
Board shall hold office at the pleasure of the Board or
for such term as the Board may fix.
SEC. 50. Duties of officers. - (a) President: The
President shall be the chief executive of the Integrated
Bar, and shall preside at all meetings of the Board of
Governors.
From assumption of office and for the duration of his
term, the President shall dissociate himself from any
and all activities that may, in one way or another,
restrict or hamper the effective exercise of his powers
and performance of his functions and duties.
(b) Executive Vice President: The Executive Vice
President shall exercise the powers and perform the
functions and duties of the President during the
absence or inabilility of the latter to act, and shall
perform such other functions and duties as are
assigned to him by the President and the Board of
Governors.
(c) Governors: In addition to his duties as a member of
the Board of Governors, each elective Governor shall
act as representative of his Region in the Board. He
shall promote, coordinate and correlate activities of the
Chapters within his Region.
(d) Secretary: The Secretary shall attend all meetings
of the Board of Governors, and keep a record of all the
proceedings thereof; prepare and maintain a register of
all members of the Integrated Bar; notify national
officers as well as members of national committees of
their election or appointment; cause to be prepared the
necessary official ballots for the election of Governors;
and perform such other duties as are assigned to him
by these By-Laws, by the President and by the Board of
Governors.
(e) Treasurer: The Treasurer shall collect, receive,
record, and disburse all funds of the Integrated Bar;
however, no disbursement shall be made except over
his signature, countersigned by the President, or in the
absence or inability of the President by the Executive
Vice President, or in the absence or inability of both, by
a member of the Executive Committee designated by
the President. He shall render reports of receipts and
disbursements as required by the Board of Governors;
promptly remit to the Chapters concerned their
proportionate shares in the dues and assessments paid
by members directly to the national office under
Section 23 (Membership dues); assist in the
preparation of the annual budget; and perform such
other duties as are assigned to him by these By-Laws,
by the President and by the Board of Governors. He
shall furnish a surety bond at the expense of the
Integrated Bar, in such amount as may be required by
the Board.

SEC. 51. Delegation of duties. - The functions and


duties of the Secretary and the Treasurer may, in their
absence or inability, be performed by assistants or
employees of the Integrated Bar designated by the
President.

ARTICLE VIII (Sections 52 to 67) NATIONAL


COMMITTEES
SEC. 52. National Committees. - The Board of
Governors shall establish and maintain standing
national committees. Until otherwise changed,
modified or redefined by the Board, the respective
names, powers, prerogatives, functions, duties and
responsibilities of the standing committees shall be as
set forth in this Article. The Board shall have authority
to create additional standing committees and special
committees, and to define their respective powers,
prerogatives, functions, duties and responsibilities.
Every committee shall submit an annual report to the
President, but the Board may at any time require any
committee to submit a special report.
SEC. 53. Membership of committees. - Each national
committee shall consist of such number of members as
may be fixed by the Board of Governors. They shall be
appointed by the President with the consent of the
Board, and shall serve for a term of two years, and
until their respective successors shall have been duly
appointed and qualified. The chairman of each
committee shall be designated by the President.
Three consecutive absences of any member from
committee meetings without justifiable excuse shall be
a ground for the President to appoint his replacement.
SEC. 54. Committee on Chapter Affairs. - This
committee shall make studies of, and submit reports
and recommendations on, the establishment,
organization and operation of all Chapters, the
apportionment and reapportionment of the seats in the
House of Delegates, and the means and methods of
encouraging and coordinating Chapter activities and of
promoting maximum involvement and participation of
the members of the Integrated Bar in the activities
thereof and of their respective Chapters.
SEC. 55. Committee on Legal Aid. - This committee
shall promote the establishment and efficient
maintenance of Chapter legal aid organizations suited
to provide free legal service; direct and supervise all
Chapter legal aid organizations; maintain maximum
levels of coordination and cooperation with other
organizations having similar objectives; receive and
solicit aid and assistance from any available and

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suitable source or sources, provided that the


independent character of the legal aid is not impaired;
and, in general, do or cause to be done all things
necessary and proper for the promotion of legal aid
activities, projects and objectives.
SEC. 56. Committee on Administration of Justice. - This
committee shall study the organization and operation
of the judicial system and recommend appropriate
changes in practice and procedure to improve the
efficiency thereof, and, in that connection, shall
examine all proposed changes in the system.
It shall collate information and submit appropriate
recommendations on judicial appointments, judicial
tenure and compensation, and retirement pensions.
SEC. 57. Committee on Legal Education and Bar
Admissions. - This committee shall make continuing
studies of, and submit recommendations on, the
curriculum and teaching methods in law schools, as
well as standards and methods in law schools, as well
as standards and methods in determining the
qualifications of applicants for admission to the Bar,
and whenever requested shall assist in the
investigation of the qualifications of persons seeking
admission to the Bar.
It shall formulate, and promote or co-sponsor with
other groups of institutions, programs designed to
afford members of the Integrated Bar suitable
opportunities for acquiring, here and abroad, additional
professional knowledge, training and skill.
SEC. 58. Committee on Professional Responsibility,
Discipline and Disbarment. - This committee shall
formulate the Canons of Professional Responsibility for
adoption by the Board of Governors and approval by
the Supreme Court, and submit recommendations on
methods for the effective enforcement thereof as well
as on appropriate amendments thereto.
It shall have authority to express advisory opinions,
upon written request of any member, on any matter
affecting his own professional conduct. In no case shall
the opinion of the committee disclose the name of any
party.
The committee may call upon any Chapter officer or
Chapter committee member to exchange information
as to problems arising under the Canons of Professional
Responsibility and to examine grievance procedures. It
shall make recommendations to the Board of
Governors for reform and improvements in the said
procedures.
SEC. 59. Committee on Research Services. This
committee shall plan the research services of the
Integrated Bar in substantive and adjective law, and,
together with other institutions, promote legal research

and law reform and development. It shall select areas


of the law in need of general study, revision or
codification; formulate plans and prepare budgets for
specific research projects; assess the availability of
qualified personnel to perform research work; and
submit recommendations thereon. It shall periodically
render progress reports on authorized projects, and
provide necessary supervision for the successful
completion of each project.
SEC. 60. Committee on Legislation. This committee
shall study all proposed changes in the Constitution
and in statutes and laws of general interests or general
application and submit reports thereon, and, with the
approval of the Board of Governors, shall represent the
Integrated Bar in supporting or opposing such
proposals.
SEC. 61. Committee on Public Service. This
committee shall prepare and submit plans for
advancing public acceptance of the objectives and
purposes of the Integrated Bar, and shall execute such
plans as are approved by the Board of Governors.
These plans shall include arrangements for
disseminating information of interest to the public in
relation to the functions of the departments of
government, the judicial system and the Bar; and to
that end the committee may operate an information
bureau and utilize the facilities of the media of public
communication.
SEC. 62. Committee on Inter-Professional and Business
Relations. This committee shall maintain liaison
between the legal profession and other professions as
well as business groups in order to acquaint the latter
on the nature and proper scope of the practice of law.
SEC. 63. Committee on Books and Publications. This
committee shall make studies of, and submit
recommendations on, matters and materials for
publication, and ways and means of assisting in the
efficient publications of legal literature at reasonable
costs, and of discouraging unnecessary publications or
duplication thereof.
SEC. 64. Committee on Unauthorized Practice of Law.
This committee shall keep the Integrated Bar informed
with respect to the practice of law by unauthorized
persons and entities, as well as the participation
therein of members of the Bar, and recommend ways
and means for the elimination and prevention of
unauthorized practice of law.
SEC. 65. Committee on Law Reporting. This
committee shall examine and appraise methods of
reporting and disseminating legislation, presidential

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decrees, court decisions, the Rules of Court, and


decisions of administrative tribunals and agencies, with
particular emphasis on the correction of deficiencies;
conduct a continuing study and evaluation of
corresponding trends and reforms in other jurisdictions;
and submit appropriate recommendations thereon.
SEC. 66. Public Statements. No committee or member
thereof shall publicly express any opinion or conclusion
respecting the assigned functions or work of the
committee without previous authorization from the
Board of Governors or the Executive Committee.
SEC. 67. Finances of committees. Every committee
shall file with the Secretary of the Integrated Bar a
detailed statement setting forth necessary data on the
funds required in connection with its work for
consideration and action by the Board of Governors. No
committee shall incur any obligation payable by the
Integrated Bar without the Boards prior approval.

current fiscal year. If the proposed amendments shall


cause the total of the increases and the new items to
exceed such limitation, the same procedure required
for the adoption of the original budget shall be
followed.
SEC. 73. Disbursements. No disbursements shall be
made except in accordance with the budget.
SEC. 74. Unexpended balances. All unexpended
balances of appropriations shall revert at the end of
every fiscal year to the funds from which they were
appropriated.
SEC. 75. Accounting and audit. The Board shall cause
books of accounts to be kept and maintained in
accordance with sound accounting practices. An annual
external audit of all funds, accounts, receipts and
disbursement of the Integrated Bar shall be made
without delay after the end of every fiscal year. A
summary of such audit shall be published in the
following September issue of the Journal of the
Integrated Bar.

ARTICLE IX (Sections 68 to 75) FISCAL CONTROL


SEC. 68. Fiscal Year. The Integrated Bar shall operate
on fiscal year beginning on January 1 and ending on
December 31 of each year. (As amended pursuant to
Bar Matter No. 668)
SEC. 69. Budget Committee. The President, with the
approval of the Board of Governors, shall appoint a
budget committee consisting of not less than three or
more than five Governors, with the Executive Vice
President as Chairman, whose responsibility shall be
the preparation of the annual budget.
SEC. 70. Preparation and approval of the budget. The
preparation, consideration, approval and publication of
the budget shall be in accordance with rules and
regulations prescribed by the Board.
SEC. 71. Automatic re-enactment. If by the end of any
fiscal year the Board shall have failed to pass the
budget for the ensuing fiscal year, the budget for the
preceding fiscal year shall be deemed re-enacted and
shall remain in force and effect until a new budget is
adopted by the Board.
SEC. 72. Amendments to the Budget. The Board may
from time to time amend the budget in order to
provide funds for necessary expenditures: Provided,
however, that the total of the increases made in the
items of the budget, including new items created by
such amendments, shall not exceed ten per cent of the
total estimated income of the Integrated Bar for the

ARTICLE X
(Section 76) JOURNAL
SEC. 76. Journal of the Integrated Bar. The Board of
Governors shall cause to be published a quarterly
Journal, and to this end shall be assisted by a board of
editorial consultants, and members of which shall be
appointed by the President, with the consent of the
Board. The editorial consultants shall hold office at the
pleasure of the Board.
Every member of the Integrated Bar is entitled to
receive a free copy of every issue of the Journal.

ARTICLE XI
(Section 77) AMENDMENTS
SEC. 77. Amendments. These By-Laws may be
amended, modified or repealed by the Supreme Court
motu proprio or upon the recommendation of the Board
of Governors.
ARTICLE XII
(Section 78) EFFECTIVITY
SEC. 78. Effectivity. These By-Laws shall take effect
on November 1, 1974.

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Republic of the Philippines


Supreme Court
Manila
EN BANC
A.M. No. 02-8-13-SC
2004 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. - These Rules shall be known as the
2004 Rules on Notarial Practice.
SEC. 2. Purposes. - These Rules shall be applied and
construed
to
advance
the
following
purposes:chanroblesvirtuallawlibrary
(a) to promote, serve, and protect public
interest; chan
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 the singular
include the plural, and words in the 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
chan
robles
virtual
law
library
(c) represents to the notary public that the signature
on the instrument or document was voluntarily

affixed by him for the purposes stated in the


instrument or document, declares 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 through competent
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 notary
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
single
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

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subject of notarization. chan robles virtual law library


SEC. 11. Regular Place of Work or Business. - The
term regular place of work or business refers 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
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;
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 the 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 of the Regional Trial Court of a
city
or
province
who
issues
a
notarial
commission.cralaw
SEC. 19. Vendor. - Vendor under these Rules refers
to a seller of a notarial 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
robles virtual law library
RULE III
COMMISSIONING OF NOTARY PUBLIC
SECTION 1. Qualifications. - A notarial commission
may be issued by an Executive Judge to any qualified
person who submits a petition in accordance with
these 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 clearances from the Office of the Bar
Confidant of the Supreme Court and the Integrated
Bar
of
the
Philippines;
and
(5) must not have been convicted in the first
instance of any crime involving moral turpitude.
SEC. 2. Form of the Petition and 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 of 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 Court. 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 the 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.

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(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 of 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
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 Certificate 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 the 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
the
following
form:chanroblesvirtuallawlibrary
REPUBLIC
OF
THE
PHILIPPINES
REGIONAL TRIAL COURT OF_____________ chan
robles virtual law library
CERTIFICATE
OF
AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL chan 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 of
the commissioning court for a period of two (2) years
commencing the first day of January of the year in
which the commissioning is made, unless earlier
revoked or the notary public has resigned under
these Rules and the Rules of Court. 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 shall 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 notaries public. The Office of 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 fortyfive (45) days before the expiration thereof. A mark,
image or impression of the seal of the notary public
shall be attached to the application.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
PUBLIC
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 these 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

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if:chanroblesvirtuallawlibrary
(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) in 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 an acknowledgment,
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 the 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 robles virtual 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.
chan
robles
virtual
law
library
SEC. 2. Travel Fees and Expenses. - A notary public
may charge travel fees and expenses separate and
apart from the notarial fees prescribed in the
preceding section when 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 otherwise 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

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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 robles virtual law
library
(4) the title or description of the 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 credible 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 of 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 of money was made, by whom, when,
and where; whether he presented such draft, bill or
note; whether notices 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, the 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
instrument
acknowledged before the notary public shall, within
the first ten (10) days of the month following, be
forwarded to the Clerk of Court and shall be under
the responsibility of such officer. If there is no entry
to certify for the month, the notary 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

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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 Notarial
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 office 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 upon payment of the legal
fees.cralaw
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
SECTION 1. Official Signature. In notarizing a paper
instrument
or
document,
a
notary
public
shall:chanroblesvirtuallawlibrary
(a) sign by hand on the notarial certificate only the
name indicated and as appearing on the 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 or province and the word Philippines and his
own name 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 copy 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
the event that the missing, lost or damaged seal is
later found or surrendered, it shall be 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 public, 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 written 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 notarial 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 Judge 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 notary 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

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(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 kept 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 Executive 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 of issuances by the Supreme Court and in
applicable laws. chan robles virtual law library
SEC. 2. Contents of the 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 office 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 work or
business, the notary public shall submit a signed and
dated notice of such fact to the Executive Judge.
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 public 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
notary
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 notarial acts;
(3) fails to send the copy of the entries to the
Executive Judge 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;

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(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 commission or
imposition of administrative sanction.
(c) Upon verified complaint by an interested,
affected or aggrieved person, the 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
the charges are duly established, the Executive
Judge shall impose the appropriate administrative
sanctions. In either case, the aggrieved party may
appeal the 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 monitor 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 conspicuous
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 any person
who:chanroblesvirtuallawlibrary
(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 Court. - 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 library
Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing,
Ynarez-Santiago, Sandoval-Gutierrez, Carpio, AustriaMartinez, Corona, Carpio-Morales, Callejo, Sr.,
Azcuna and Tinga, JJ.cralaw

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