Legal Forms

7/17/2019 Legal Forms

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Table of Contents

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RULE I : IMPLEMENTATION """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" #

RULE II : DEFINITIONS """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" #

RULE III : COMMISSIONING OF NOTARY PUBLIC """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" $

RULE IV : POWERS AND LIMITATIONS OF NOTARIES PUBLIC """""""""""""""""""""""""""""""""""""""""""""" %

RULE V : FEES OF NOTARY PUBLIC """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" &

RULE VI : NOTARIAL REGISTER """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" &

RULE VII : SIGNATURE AND SEAL OF NOTARY PUBLIC """""""""""""""""""""""""""""""""""""""""""""""""""""""""" '#

RULE VIII : NOTARIAL CERTIFICATES """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" '(

RULE IX : CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC """"""""""""""""""""""""""""""""""""""" '(

RULE X : CHANGES OF STATUS OF NOTARY PUBLIC """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" '$

RULE XI : REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS """""""""""" ')

RULE XII : SPECIAL PROVISIONS """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" '*

RULE XIII : REPEALING AND EFFECTIVITY PROVISIONS """"""""""""""""""""""""""""""""""""""""""""""""""""""" '*

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2004 Rules on Notarial Practice

EN BANC A.M. No. 02-8-13-SC

RESOLUTION

Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial Practice of2004 submitted by the Sub-Committee for the Study, Drafting and Formulation of the RulesGoverning the Appointment of Notaries Public and the Performance and Exercise of Their OfficialFunctions, of the Committees on Revision of the Rules of Court and on Legal Education and BarMatters, the Court Resolved to APPROVE the proposed Rules on Notarial Practice of 2004, withmodifications, thus:

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 followingpurposes:

(a) to promote, serve, and protect public interest;

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

(c) to foster ethical conduct among notaries public.

SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in thesingular 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 asingle occasion:

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

(b) is attested to be personally known to the notary public or identified by the notary publicthrough competent evidence of identity as defined by these Rules; and

(c) represents to the notary public that the signature on the instrument or document wasvoluntarily affixed by him for the purposes stated in the instrument or document, declares that hehas executed the instrument or document as his free and voluntary act and deed, and, if he actsin 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 anindividual on a single occasion:

(a) appears in person before the notary public;

(b) is personally known to the notary public or identified by the notary public through competentevidence of identity as defined by these Rules; and



(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 andto the written evidence of the authority.

SEC. 4. Copy Certification. - "Copy Certification" refers to a notarial act in which a notary public:

(a) is presented with an instrument or document that is neither a vital record, a public record, norpublicly 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 withnumbered pages containing a chronological record of notarial acts performed by a notary public.

SEC. 6. Jurat. - "Jurat" refers to an act in which an individual on a single occasion:

(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 competentevidence of identity as defined by these Rules;

(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 anotary public is empowered to perform under these Rules.

SEC. 8. Notarial Certificate. - "Notarial Certificate" refers to the part of, or attachment to, anotarized instrument or document that is completed by the notary public, bears the notary'ssignature and seal, and states the facts attested to by the notary public in a particular notarizationas provided for by these Rules.

SEC. 9. Notary Public and Notaty. - "Notary Public" and "Notary" refer to any personcommissioned to perform official acts under these Rules.

SEC. 10. Principal. - "Principal" refers to a person appearing before the notary public whose act isthe subject of notarization.

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 andnotarial services.

SEC. 12. Competent Evidence of Identity. - The phrase "competent evidence of identity" refers tothe identification of an individual based on:

(a) at least one current identification document issued by an official agency bearing thephotograph and signature of the individual, such as but not limited to, passport, driver’slicense, Professional Regulations Commission ID, National Bureau of Investigationclearance, police clearance, postal ID, voter’s ID, Barangay certification, Government



Service and Insurance System (GSIS) e-card, Social Security System (SSS) card,Philhealth card, senior citizen card, Overseas Workers Welfare Administration (OWWA) ID,OFW ID, seaman’s book, alien certificate of registration/immigrant certificate ofregistration, government office ID, certification from the National Council for the Welfare ofDisable Persons (NCWDP), Department of Social Welfare and Development (DSWD)certification; or [Ammended: February 19, 2008 - see also

http://www.supremecourt.gov.ph/publications/benchmark/2008/02/020819.php]

(b) the oath or affirmation of one credible witness not privy to the instrument, document ortransaction 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 transactionwho each personally knows the individual and shows to the notary public documentaryidentification.

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 requisitesprescribed by these Rules.

SEC. 14. Signature Witnessing. -The term "signature witnessing" refers to a notarial act in whichan individual on a single occasion:

(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 competentevidence of identity as defined by these Rules; and

(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.

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

Office of the Court Administrator of the Supreme Court.

SEC. 18. Executive Judge. - "Executive Judge" refers to the Executive Judge of the RegionalTrial Court of a city or province who issues a notarial commission.

SEC. 19. Vendor - "Vendor" under these Rules refers to a seller of a notarial seal and shallinclude a wholesaler or retailer.

SEC. 20. Manufacturer. - "Manufacturer" under these Rules refers to one who produces a notarialseal and shall include an engraver and seal maker.

RULE III : COMMISSIONING OF NOTARY PUBLIC

SECTION 1. Qualifications. - A notarial commission may be issued by an Executive Judge to anyqualified person who submits a petition in accordance with these Rules.

To be eligible for commissioning as notary public, the petitioner:

(1) must be a citizen of the Philippines;

(2) must be over twenty-one (21) years of age;



(3) must be a resident in the Philippines for at least one (1) year and maintains a regular place ofwork or business in the city or province where the commission is to be issued;

(4) must be a member of the Philippine Bar in good standing with clearances from the Office ofthe 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 notarialcommission shall be in writing, verified, and shall include the following:

(a) a statement containing the petitioner's personal qualifications, including the petitioner's date ofbirth, residence, telephone number, professional tax receipt, roll of attorney's number and IBPmembership number; ,

(b) certification of good moral character of the petitioner by at least two (2) executive officers ofthe 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 ofthe application. The photograph should not be retouched. The petitioner shall sign his name atthe bottom part of the photographs.

SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the application feeas prescribed in the Rules of Court.

SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a summaryhearing on the petition and shall grant the same if:

(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 fullyunderstood these Rules.

The Executive Judge shall forthwith issue a commission and a Certificate of Authorization toPurchase a Notarial Seal in favor of the petitioner.

SEC. 5. Notice of Summary Hearing. - (a) The notice of summary hearing shall be published in anewspaper of general circulation in the city or province where the hearing shall be conducted andposted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court. Thecost of the publication shall be borne by the petitioner. The notice may include more than onepetitioner.

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

NOTICE OF HEARING

Notice is hereby given that a summary hearing on the petition for notarial commission of (name ofpetitioner) shall be held on (date) at (place) at (time). Any person who has any cause or reason toobject to the grant of the petition may file a verified written opposition thereto, received by theundersigned before the date of the summary hearing.



______________Executive Judge

SEC. 6. Opposition to Petition. - Any person who has any cause or reason to object to the grantof the petition may file a verified written opposition thereto. The opposition must be received bythe Executive Judge before the date of the summary hearing.

SEC. 7. Form of Notarial Commission. - The commissioning of a notary public shall be in a formalorder signed by the Executive Judge substantially in the following form:

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT OF ______________

This is to certify that (name of notary public) of (regular place of work or business) in (city orprovince) was on this (date) day of (month) two thousand and (year) commissioned by theundersigned as a notary public, within and for the said jurisdiction, for a term ending the thirty-firstday of December (year)

_______________Executive Judge

SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. - TheCertificate 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 tothe Certificate shall be presented to the Executive Judge for approval prior to use.

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:

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT OF_____________

CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL

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

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

_______________

Executive Judge

SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall haveonly one official seal of office in accordance with these Rules.

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



SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a Registerof Notaries Public in his jurisdiction which shall contain, among others, the dates of issuance orrevocation 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 datarecorded in the register of notaries public. The Office of the Court Administrator shall keep apermanent, complete and updated database of such records.

SEC. 13. Renewal of Commission. - A notary public may file a written application with theExecutive Judge for the renewal of his commission within forty-five (45) days before theexpiration thereof. A mark, image or impression of the seal of the notary public shall be attachedto the application.

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

The notary public thus removed from the Register of Notaries Public may only be reinstatedtherein after he is issued a new commission in accordance with these Rules.

SEC. 14. Action on Application for Renewal of Commission. - The Executive Judge shall, uponpayment 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 isdenied, the Executive Judge shall state the reasons therefor.

RULE IV : POWERS AND LIMITATIONS OF NOTARIES PUBLIC

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

(1) acknowledgments;

(2) oaths and affirmations;

(3) jurats;

(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 aninstrument or document presented for notarization if:

(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) andundersigned notary public"; and

(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 ormake a mark on an instrument or document if:

(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 placeof work or business; provided, however, that on certain exceptional occasions or situations, anotarial act may be performed at the request of the parties in the following sites located within histerritorial jurisdiction:

(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 documentsrequiring notarization;

(3) hospitals and other medical institutions where a party to an instrument or document isconfined for treatment; and

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

(b) A person shall not perform a notarial act if the person involved as signatory to the instrumentor 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 publicthrough competent evidence of identity as defined by these Rules.

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

(a) is a party to the instrument or document that is to be notarized;

(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 orconsanguinity of the principal within the fourth civil degree.

SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in theseRules for any person requesting such an act even if he tenders the appropriate fee specified bythese Rules if:

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



(b) the signatory shows a demeanor which engenders in the mind of the notary public reasonabledoubt as to the former's knowledge of the consequences of the transaction requiring a notarialact; 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:

(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.

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

(a) a blank or incomplete instrument or document; or

(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 maycharge the maximum fee as prescribed by the Supreme Court unless he waives the fee in wholeor in part.

SEC. 2. Travel Fees and Expenses. - A notary public may charge travel fees and expensesseparate and apart from the notarial fees prescribed in the preceding section when traveling toperform a notarial act if the notary public and the person requesting the notarial act agree prior tothe travel.

SEC. 3. Prohibited Fees. - No fee or compensation of any kind, except those expresslyprescribed and allowed herein, shall be collected or received for any notarial service.

SEC. 4. Payment or Refund of Fees. - A notary public shall not require payment of any feesspecified herein prior to the performance of a notarial act unless otherwise agreed upon.

Any travel fees and expenses paid to a notary public prior to the performance of a notarial act arenot subject to refund if the notary public had already traveled but failed to complete in whole or inpart the notarial act for reasons beyond his control and without negligence on his part.

SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall issue areceipt registered with the Bureau of Internal Revenue and keep a journal of notarial fees. Heshall enter in the journal all fees charged for services rendered.

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

notarial fees.

RULE VI : NOTARIAL REGISTER

SECTION 1. Form of Notarial Register. - (a) A notary public shall keep, maintain, protect andprovide for lawful inspection as provided in these Rules, a chronological official notarial register ofnotarial acts consisting of a permanently bound book with numbered pages.



The register shall be kept in books to be furnished by the Solicitor General to any notary publicupon request and upon payment of the cost thereof. The register shall be duly paged, and on thefirst page, the Solicitor General shall certify the number of pages of which the book consists.

For purposes of this provision, a Memorandum of Agreement or Understanding may be enteredinto by the Office of the Solicitor General and the Office of the Court Administrator.

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

SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the notary shall record in thenotarial register at the time of notarization the following:

(1) the entry number and page number;

(2) the date and time of day of the notarial act;

(3) the type of notarial act;

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

(5) the name and address of each principal;

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

(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 workor 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 notcompleting a notarial act.

(c) A notary public shall record in the notarial register the circumstances of any request to inspector 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 toallow inspection or copying of a journal entry shall also be recorded.

(d) When the instrument or document is a contract, the notary public shall keep an original copythereof as part of his records and enter in said records a brief description of the substance thereofand shall give to each entry a consecutive number, beginning with number one in each calendaryear. He shall also retain a duplicate original copy for the Clerk of Court.

(e) The notary public shall give to each instrument or document executed, sworn to, oracknowledged before him a number corresponding to the one in his register, and shall also stateon the instrument or document the page/s of his register on which the same is recorded. No blankline shall be left between entries.

(f) In case of a protest of any draft, bill of exchange or promissory note, the notary public shallmake a full and true record of all proceedings in relation thereto and shall note therein whetherthe demand for the sum of money was made, by whom, when, and where; whether he presentedsuch 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 thesame.

(g) At the end of each week, the notary public shall certify in his notarial register the number ofinstruments or documents executed, sworn to, acknowledged, or protested before him; or if none,this certificate shall show this fact.

(h) A certified copy of each month's entries and a duplicate original copy of any instrumentacknowledged before the notary public shall, within the first 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 isno entry to certify for the month, the notary shall forward a statement to this effect in lieu ofcertified copies herein required.

SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial registershall be signed or a thumb or other mark affixed by each:

(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 ofa person physically unable to sign.

SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's presence, any person may inspectan 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 competentevidence of identity as defined in these Rules;

(2) the person affixes a signature and thumb or other mark or other recognized identifier, in thenotarial .register in a separate, dated entry;

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

principal in the notarial act or acts sought; and

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

(b) The notarial register may be examined by a law enforcement officer in the course of an officialinvestigation 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 orwrongful motive in requesting information from the notarial register, the notary shall deny accessto any entry or entries therein.

SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case the notarial register isstolen, 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 lawenforcement agency in the case of theft or vandalism, notify the Executive Judge by any meansproviding a proper receipt or acknowledgment, including registered mail and also provide a copyor number of any pertinent police report.

(b) Upon revocation or expiration of a notarial commission, or death of the notary public, thenotarial register and notarial records shall immediately be delivered to the office of the ExecutiveJudge.



SEC. 6. Issuance of Certified True Copies. - The notary public shall supply a certified true copy ofthe notarial record, or any part thereof, to any person applying for such copy upon payment of thelegal fees.

RULE VII : SIGNATURE AND SEAL OF NOTARY PUBLIC

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

(a) sign by hand on the notarial certificate only the name indicated and as appearing on thenotary's commission;

(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 ofoffice, 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 ofthe city or province and the word "Philippines" and his own name on the margin and the roll ofattorney'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 thewriting appears.

(b) The official seal shall be affixed only at the time the notarial act is performed and shall beclearly impressed by the notary public on every page of the instrument or document notarized.

(c) When not in use, the official seal shall be kept safe and secure and shall be accessible only tothe notary public or the person duly authorized by him.

(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 theappropriate law enforcement agency,

shall notify the Executive Judge in writing, providing proper receipt or acknowledgment, includingregistered mail, and in the event of a crime committed, provide a copy or entry number of theappropriate 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 orprovince where the notary public is commissioned. Thereafter, the Executive Judge shall issue tothe notary public a new Certificate of Authorization to Purchase a Notarial Seal.

(e) Within five (5) days after the death or resignation of the notary public, or the revocation orexpiration 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, lostor damaged seal is later found or surrendered, it shall be delivered by the notary public to theExecutive Judge to be disposed of in accordance with this section. Failure to effect suchsurrender shall constitute contempt of court. In the event of death of the notary public, the personin possession of the official seal shall have the duty to surrender it to the Executive Judge.

SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent, andphotographically reproducible mark, image or impression of the official seal beside his signatureon the notarial certificate of a paper instrument or document.



SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals may notsell said product without a written authorization from the Executive Judge.

(b) Upon written application and after payment of the application fee, the Executive Judge mayissue an authorization to sell to a vendor or manufacturer of notarial seals after verification andinvestigation 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 manufactureris also a vendor, he shall only pay the manufacturer's authorization fee.

(c) The authorization shall be in effect for a period of four (4) years from the date of its issuanceand may be renewed by the Executive Judge for a similar period upon payment of theauthorization fee mentioned in the preceding paragraph.

. (d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of acertified copy of the commission and the Certificate of Authorization to Purchase a Notarial Sealissued by the Executive Judge. A notary public obtaining a new seal as a result of change ofname shall present to the vendor or manufacturer a certified copy of the Confirmation of theChange of Name issued by the Executive Judge.

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

Purchase a Notarial Seal,

(f) After the sale, the vendor or manufacturer shall affix a mark, image or impression of the seal tothe Certificate of Authorization to Purchase a Notarial Seal and submit the completed Certificateto the Executive Judge. Copies of the Certificate of Authorization to Purchase a Notarial Seal andthe buyer's commission shall be kept in the files of the vendor or manufacturer for four (4) yearsafter the sale.

(g) A notary public obtaining a new seal as a result of change of name shall present to the vendora certified copy of the order confirming the change of name issued by the Executive Judge.

RULE VIII : NOTARIAL CERTIFICATES

SECTION 1. Form of Notarial Certificate. - The notarial form used for any notarial instrument ordocument shall conform to all the requisites prescribed herein, the Rules of Court and all otherprovisions of issuances by the Supreme Court and in applicable laws.

SEC. 2. Contents of the Concluding Part of the Notarial Certificate. - The notarial certificate shallinclude the following:

(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 ofissuance 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 theauthenticity of the official seal and signature of a notary public shall be issued by the ExecutiveJudge upon request in substantially the following form:

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public), the personnamed 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 thetime of the document's notarization.

IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) dayof (month) (year).

_________________

(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 asigned and dated notice of such fact to the Executive Judge.

The notary public shall not notarize until:

(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 notarypublic may continue to use the former name or regular place of work or business in performingnotarial acts for three (3) months from the date of the change, which may be extended once forvalid 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 awritten, 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 immediatelycease 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.

SEC. 3. Publication of Resignation. - The Executive Judge shall immediately order the Clerk ofCourt to post in a conspicuous place in the offices of the Executive Judge and of the Clerk ofCourt the names of notaries public who have resigned their notarial commissions and theeffective dates of their resignation.



RULE XI : REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS

SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall revoke anotarial commission for any ground on which an application for a commission may be denied.

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

administrative sanctions upon, any notary public who:

(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 themonth following;

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

(5) fails to submit his notarial register, when filled, to the Executive Judge;

(6) fails to make his report, within a reasonable time, to the Executive Judge concerning the

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

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

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

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

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

(11) commits any other dereliction or act which in the judgment of the Executive Judgeconstitutes 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 shallbe required to file a verified answer to the complaint.

If the answer of the notary public is not satisfactory, the Executive Judge shall conduct asummary hearing. If the allegations of the complaint are not proven, the complaint shall bedismissed. If the charges are duly established, the Executive Judge shall impose the appropriateadministrative sanctions. In either case, the aggrieved party may appeal the decision to theSupreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall beimmediately executory, unless otherwise ordered by the Supreme Court.

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

SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all timesexercise supervision over notaries public and shall closely monitor their activities.

SEC. 3. Publication of Revocations and Administrative Sanctions. - The Executive Judge shallimmediately order the Clerk of Court to post in a conspicuous place in the offices of the ExecutiveJudge and of the Clerk of Court the names of notaries public who have been administrativelysanctioned or whose notarial commissions have been revoked.



SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling the obligations in Section4(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.

RULE XII : SPECIAL PROVISIONS

SECTION 1. Punishable Acts. - The Executive Judge shall cause the prosecution of any personwho:

(a) knowingly acts or otherwise impersonates a notary public;

(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official recordsof a notary public; and

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

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 Courtinconsistent herewith, are hereby repealed or accordingly modified.

SEC. 2. Effective Date. - These Rules shall take effect on the first day of August 2004, and shallbe published in a newspaper of general circulation in the Philippines which provides sufficientlywide circulation.

Promulgated this 6th day of July, 2004.

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Efficient Use of Paper Rule (A.M. No. 11-9-4-SC)

Republic of the PhilippinesSupreme CourtManila

A.M. No. 11-9-4-SC EFFICIENT USE OF PAPER RULE

Whereas, to produce 500 reams of paper, twenty trees are cut and 100,000 liters of water areused, water that is no longer reusable because it is laden with chemicals and is just released tothe environment to poison our rivers and seas;

Whereas, there is a need to cut the judicial system’s use excessive quantities of costly paper,save our forests, avoid landslides, and mitigate the worsening effects of climate change that theworld is experiencing;

Whereas, the judiciary can play a big part in saving our trees, conserving precious water andhelping mother earth;

NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the following:Sec. 1. Title of the Rule- This rule shall be known and cited as the Efficient Use of Paper Rule.Sec. 2. Applicability. – This rule shall apply to all courts and quasi-judicial bodies under theadministrative supervision of the Supreme Court.Sec. 3. Format and Style. –

a) All pleadings, motions and similar papers intended for the court and quasi-judicial body’sconsideration and action (court-bound papers) shall written in single space with one-and-a–half space between paragraphs, using an easily readable font style of theparty’s choice, of 14-size font, and on a 13–inch by 8.5-inch white bond paper ; and

b) All decisions, resolutions and orders issued by courts and quasi-judicial bodies under theadministrative supervision of the Supreme Court shall comply with these requirements.Similarly covered are the reports submitted to the courts and transcripts of stenographicnotes.

Sec. 4. Margins and Prints .— The parties shall maintain the following margins on all court-boundpapers: a left hand margin of 1.5 inches from the edge; an upper margin of 1.2 inches fromthe edge; a right hand margin of 1.0 inch from the edge; and a lower margin of 1.0 inch fromthe edge. Every page must be consecutively numbered.Sec. 5. Copies to be filed. – Unless otherwise directed by the court, the number of court- boundpapers that a party is required or desires to file shall be as follows:

a. In the Supreme Court, one original (properly marked) and four copies, unless the case isreferred to the Court En Banc, in which event, the parties shall file ten additional copies.For the En Banc, the parties need to submit only two sets of annexes, one attached tothe original and an extra copy. For the Division, the parties need to submit also two setsof annexes, one attached to the original and an extra copy. All members of the Courtshall share the extra copies of annexes in the interest of economy of paper.

b. Parties to cases before the Supreme Court are further required, on voluntary basis for the

first six months following the effectivity of this Rule and compulsorily afterwards unlessthe period is extended, to submit, simultaneously with their court-bound papers, softcopies of the same and their annexes (the latter in PDF format) either by email to theCourt’s e-mail address or by compact disc (CD). This requirement is in preparation for theeventual establishment of an e-filing paperless system in the judiciary.

c. In the Court of Appeals and the Sandiganbayan, one original (properly marked) and twocopies with their annexes;

d. In the Court of Tax Appeals, one original (properly marked) and two copies with annexes.On appeal to the En Banc, one Original (properly marked) and eight copies with annexes;and



e. In other courts, one original (properly marked) with the stated annexes attached to it.f. Sec. 6. Annexes Served on Adverse Party. – A party required by the rules to serve a

copy of his court-bound on the adverse party need not enclose copies of those annexesthat based on the record of the court such party already has in his possession. In theevent a party requests a set of the annexes actually filed with the court, the part who filedthe paper shall comply with the request within five days from receipt.

Sec. 7. Date of Effectivity. – This rule shall take effect on January 1, 2013 after publication in twonewspapers of general circulation in the Philippines.Manila, November 13, 2012.



1. Affidavit of Desistance

Republic of the PhilippinesDepartment of Justice

National Prosecution Service

OFFICE OF THE CITY PROSECUTOR

Makati City

AFFIDAVIT OF DESISTANCE

WE, FERDINAND M. CASTRO and ROWENA A. CASTRO, Filipinos, of legal ages, husbandand wife, respectively, and residents of 106 Sisa Street, Sampaloc, Manila after having been dulysworn to in accordance with law, depose and state:

1. We are the private complainant in a criminal case for Reckless Imprudence Resulting toDamage to Property against Joel O. Castillo docketed as IS No. XV-05-INV-10G-01000 before

the Office of the City Prosecutor, Makati City

2. In this regard, the accused has already paid the damage to our vehicle;

3. In view of the payment by the accused and considering that Rowena A. Castro was not injured,we would like to manifest that we now completely and absolutely exonerate the accused from anyliability in connection with the above-mentioned criminal case and that we are no longerinterested, and we hereby desist, in prosecuting the said criminal case;

4. As such, we respectfully pray that the aforementioned case against Joel O. Castillo bewithdrawn and/or dismissed.

IN WITNESS WHEREOF, we have hereunto set our hands this ___________________ in _______________, Philippines.

FERDINAND M. CASTRO Affiant

Philippine Passport No. _____Issued at: ________________Issued on: ________________

ROWENA A. CASTRO Affiant

Philippine Passport No. _____Issued at: ________________Issued on: _______________

SUBCRIBED AND SWORN TO before me this ___________________ in

_________________, Philippines, affiants exhibiting to me their valid proofs of identification.

Doc. No. _____;Page No. _____;Book No. _____;Series of 2013.



2. Affidavit of Loss

REPUBLIC OF THE PHILIPPINES)CITY OF MAKATI ) S.S.x----------------------------------x

AFFIDAVIT OF LOSS

I, ___________________ , of legal age, Filipino, single and a resident of __________________,after having been duly sworn to in accordance with law, depose and state THAT:

1. On January 12, 2010, I was issued a Philippine Passport by the Department of Affairs inManila;

2. Recently, I had tried to look for the said passport but the same could not be found;

3. Despite diligent search and efforts to locate the said passport, I could not find the same such

that I believe that it is now lost beyond recovery;

4. As such, I am executing this affidavit to attest to the foregoing facts and to support theapplication for the issuance of a new one in lieu of the one which was lost.

IN WITNESS WHEREOF, I have hereunto set my hand this ___________________ in MakatiCity, Metro Manila, Philippines.

____________________ AffiantGSIS ID No. _____________

SUBCRIBED AND SWORN TO before me this ___________________ in _________________, Philippines, affiant exhibiting to me his valid proof of identification.

Doc. No. _____;Page No. _____;Book No. _____;Series of 2013.



3. Deed of Absolute Sale

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Absolute Sale is made and entered into in Quezon City this _____ day of _________ by and between:

____________________, of legal age, Filipino, with residence address at ______________________________ hereinafter referred to as SELLER;

- and -

____________________, of legal age, Filipino, with residence address at ________________________________ hereinafter referred to as BUYER;

WITNESSETH:

WHEREAS, the SELLER is the absolute and registered owner of the following motor vehicle,more particularly described as follows:

MODEL/MAKE : ___________________COLOR : ________________________BODY : _________________________MOTOR NO. : ____________________SERIAL/CHASSIS NO. : ____________PLATE NO. : _____________________

WHEREAS, the SELLER desires to sell the aforesaid motor vehicle and the BUYER is able,willing and ready to purchase the same under the terms and conditions herein below set forth;

NOW THEREFORE, for and in consideration of the sum total of FIFTY THOUSAND PESOS(PHP50,000.00), Philippine currency, VAT Inclusive and receipt hereof is hereby acknowledgedby the said SELLER, the SELLER hereby SELL,CEDE, TRANSFER and CONVEY unto theBUYER, in a manner absolute and irrevocable the above-described 1 Unit of 1997 MITSUBISHIL-300 Motor Vehicle, free from any and all liens and encumbrances whatsoever and on an “AS ISWHERE IS BASIS”.

The SELLER warrants that the Motor Vehicle is free from any liens and encumbrances andthat said SELLER shall defend the title and rights of the BUYER from any claims of whatever kindor nature from third persons.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the date and atthe place first above-written.

______________________ ______________________Seller Buyer

SIGNED IN THE PRESENCE OF:

______________________ ______________________



ACKNOWLEDGMENT

Republic of the Philippines)Quezon City, Metro Manila ) S.S.

BEFORE ME, a Notary Public, for and in Quezon City, this _______ day of _________________________ personally appeared:

Name Identification Card Issued On/At

____________________ ________________ _____________ ____________________ ________________ _____________

all known to me to be the same persons who executed the foregoing instrument and herebyacknowledged to me that the same is their free and voluntary act and deed.

This instrument consisting of two (2) pages, including this page on whichthis acknowledgment is written refers to a DEED OF SALE of 1 Unit of 1997 MITSUBISHI L-300

and has been signed by the parties and their witnesses and sealed with my notarial seal.

WITNESS MY HAND AND NOTARIAL SEAL.

Doc. No. ____Page No. ____Book No. ____Series of 2013.



4. Judicial Affidavit

___________________ VS. ___________________ CIVIL CASE NO. ___________________ HON. ___________________________

RTC- _______________ , BRANCH ___

JUDICIAL AFFIDAVIT OFPETITIONER ___________________

I, ___________________ , of legal age, married, and living at ___________________ , petitionerin this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. ___________________ with address at ___________________ . The examination is being held at the same address. I am answering hisquestions fully conscious that I do so under oath and may face criminal liability for false testimony

and perjury.

PURPOSE: This affidavit/testimony of petitioner ___________________ is being offered to provethat the respondent ___________________ contracted marriage twice, ___________________ on ___________________ , and later with the petitioner ___________________ on ___________________ while the respondent’s previous marriage with ___________________ was still valid and has not yet legally dissolved. Petitioner will also prove that prior to her marriagewith the respondent she was previously married to ___________________ on ___________________ , which marriage was still valid and subsisting at the time she contractedmarriage with the respondent. The petitioner’s testimony is also offered to prove the legal basisfor the declaration of nullity of the petitioner’s marriage with the respondent, the same beingbigamous.

1. Q. Please state your name and other personal circumstances for the record. A. ___________________ .

2. Q. Are you the same ___________________ , the petitioner in this case? A. Yes sir.

3. Q. Do you know a certain ___________________ ? A. Yes sir. He was the man I married on ___________________ .

4. Q. How did you meet him? A. ___________________ .

5. Q. Are you still living with ___________________ ? A. We have separated since ___________________ .

6. Q. Do you have of proof your marriage with ___________________ ? A. Yes sir, I have a marriage contract (Exhibit “A”).

7. Q. Do you have children with ___________________ ? A. We have one (1) child namely, ___________________ , now ____ years old.

8. Q. What is the reason for your separation?



A. The respondent’s infidelity of and lack of sense responsibil ity. He was jobless, adrug addict and did not care to provide the needs of our family. He was dependent onme.

9. Q. How about a certain ___________________ , do you know her? A. Yes sir, he was the woman ___________________ previously married on

___________________ .

10. Q. Do you have proof of marriage between ___________________ ___________________ ?

A. Yes sir, I have a marriage contract (Exhibit “B”).

11. Q. What was the status of the marriage between ___________________ and ___________________ when ___________________ got married to you?

A. His marriage with ___________________ was still valid and has not yet beenlegally dissolved when he married me.

12. Q. Aside from marriage contracts, do you have other documents to prove the

________________ married ________________ and yourself?

A. Yes sir, I have a Certification (Exhibit “C”) from the National Statistics Office(NSO) showing ___________________ ’s record of having two marriages, to ___________________ and myself.

13. Q. How about you, do you have previous marriage when you married when youmarry ___________________ ?

A. Yes sir, I was previously married to ___________________ on ___________________ .

14. Q. Do you have proof of your previous marriage with ___________________ ?

A. Yes sir, I have a marriage contract (Exhibit “D”).

15. Q. Do you have other proof that you are in fact married to ___________________ and to ___________________ ?

A. Yes sir, the NSO Certification (Exhibit “E”).

16. Q. What was the status of your marriage with ___________________ when youmarried ___________________ ?

A. ___________________ was still alive and my marriage with his was still validand has not yet been legally dissolved when I married ___________________ .

17. Q. You are saying that both of you and the respondent have previous marriage atthe time you marry each other?

A. Yes sir.

18. Q. Do you have pre-nuptial agreement with the respondent regarding yourproperties?

A. None Sir.



19. Q. Do you have common properties with the respondent?

A. None sir.

20. Q. Do you and the respondent have common creditors? A. None sir.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ___________ 2013 at ___________ .

___________________ Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for _________(City/Province)____________ this ____ th day of ____________ 20 ___ . Affiantpersonally came and appeared with _____________(Competent Evidence of Identity)______ issued by the _________(Government Agency)______ on ___(date)__ at ________(place)_________ , bearing his photograph and signature, known to me as the sameperson who personally signed the foregoing instrument before me and avowed under penalty oflaw to the whole truth of the contents of said instrument.

Atty ___________________________________________ Notary Public

Doc. No. ____ Commission Serial No. ____________________________Page No. ____ Notary Public for _______(Province/City)______________ Book No. ____ Until December 31, 20 __ Series of 20 __ Office: ______________(address)____________________

Roll No. __________ IBP Lifetime Roll No. _________ ; __/__/__ ; _(Province)_ PTR No. _________ ; __/__/__ ; _(Province)_ MCLE Compliance Cert. No. __________ ; __/__/__

I, ___________________ , of legal age, Filipino, with postal address

______________________ after being duly sworn depose and say:

1. I was the one who conducted the examination of witness ___________________ atmy aforementioned office in ___________________ ;

2. I have faithfully recorded or caused to be recorded the questions I asked and thecorresponding answer that the witness gave;

3. I nor any other person then present or assisting her coached the witness regardingher answers;



IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ____ 2013 at ___________ .

ATTY. __________________

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for _________(City/Province)____________ this ____ th day of ____________ 20 ___ . Affiantpersonally came and appeared with _____________(Competent Evidence of Identity)______ issued by the _________(Government Agency)______ on ___(date)__ at ________(place)_________ , bearing his photograph and signature, known to me as the sameperson who personally signed the foregoing instrument before me and avowed under penalty oflaw to the whole truth of the contents of said instrument.

Atty ___________________________________________ Notary Public

Doc. No. ____ Commission Serial No. ____________________________Page No. ____ Notary Public for _______(Province/City)______________ Book No. ____ Until December 31, 20 __ Series of 20 __ Office: ______________(address)____________________

Roll No. __________ IBP Lifetime Roll No. _________ ; __/__/__ ; _(Province)_ PTR No. _________ ; __/__/__ ; _(Province)_ MCLE Compliance Cert. No. __________ ; __/__/__



5. Complaint Affidavit

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE

OFFICE OF THE PROSECUTOR

MANILA

THE PEOPLE OF THE PHILIPPINES, Complainant,

-versus- IS # 134590xxx

Accused, CARLITO A. DIAZ and WILFRED O. REVILLA

x--------------------------------------------x

CRIMINAL COMPLAINT AFFIDAVIT

I, Rose Anne D. Bala, the undersigned, of legal age, and a resident of #21 Galicia Street,Sampaloc Manila, accuses Carlito A. Diaz and Wilfred O. Revilla of the crime of Robbery,committed as follows:

1. At around 11:30PM of Saturday, July 21, 2012, I, Rose Anne D. Bala was passing byP.Noval Street, Sampaloc Manila to my apartment at #21 Galicia Street, SampalocManila.

2. While I was passing by the said street I was holding a shoulder bag on my right arm anda book on the left arm, walking in a moderate pace towards Espana Boulevard.

3. That at P.Noval Street, before I cross Espana Boulevard, two men riding a motorcyclestopped in front of me. The man riding at the back, holding a “balisong” which waspointed at me said, “akin na ang bag mo kung ayaw mong may mangyaring masamasa’yo”.

ß4. Because of terrible fear that the man would stab me if I did not give my bag to him, I

handed him my bag containing the following:

a. A brown Guess wallet with Identification cards, ATM card and a credit card inside

together with a cash worth two thousand pesos (P2,000.00).b. A black Blackberry Curvec. A Samsung galaxy tab SIIId. School materials such as a blue notebook and a pen case.

5. That after the man took my shoulder bag, I screamed loudly the words “magnanakaw!Magnanakaw! Habulin niyo!”



6. That maybe because of twist of luck, a police car passed by right after the said incidentwhich immediately chased the two men in motorcycle. They crossed Espana Boulevardand I already lost sight of them after several seconds.

7. That the two men, as I remembered, were both wearing jackets; the man in front, drivingwas wearing a blue jacket and maong pants while the man at the back was wearing a

black jacket with maong pants. The man in front was wearing a helmet while the man atthe back was wearing a black cap.

8. The motorcycle was a red Yamaha motorcycle and instead of a plate number, a platewith the words “for registration” was visible from the back.

9. Both men are of normal built, appeared to be “kayumanggi” or brown-skinned and ofaverage height.

10. That after a few minutes of standing at that street, a police mobile suddenly appearedsaying that the other policemen in the car which chased the two men in the motorcyclereported the incident to them so they went to P.Noval area and found me standing in frontof a closed establishment, almost near Espana Boulevard.

11. That I was shaking and crying when the policemen came to get me. They brought me tothe a nearby police station where I narrated the incident.

12. After about 40 minutes in the police station, there were two policemen, later on identifiedas PO2 Donna Mae Anne S. Gragasin and PO2 Mark Arthur Catabona, who wereaccompanying two men who appeared to be the men who grabbed my hand bag.

13. Later on, I positively identified the two men as those who were in the motorcycle becauseof the black cap, the blue and black jackets that they wear respectively.

14. That the shoulder bag that was snatched from me with force and intimidation was withPO2 Catabona already who alleged that he got the same during the apprehension thatthey did. All the things inside my bag were recovered in good condition.

15. That all these stated herein are true and were stated freely without any force orintimidation done against me.

16. To attest to the truthfulness of the foregoing, I, Rose Anne D. Bala, complainat, attachesmy signature below.

_________________________Rose Anne D. Bala

Complainant

SUBSCRIBED AND SWORN to before me, in the city of Manila, this 22nd day of July,2012, the affiant exhibiting to me his Passport issued by Department of Foreign Affairs Manila on15

th of April 2012 at Roxas Blvd, Manila.

___________________________



Jonalene A. Pagala Assistant City Prosecutor