Where to Surrender Notarial Records of a Deceased Lawyer
(Philippine Practice, 2025)
1. Why the question matters
Notarial registers, minute books, and seals are public‐law instruments. They prove that every notarized document was executed before a lawyer–notary who had jurisdiction, verified the signatories’ identity, and observed the formalities that give a private writing the character of a public document. When that lawyer dies, the State must immediately regain custody of the records to prevent fraud, enable verification of past acts, and protect the deceased’s estate from liability. The duty to surrender is therefore mandatory, time-bound, and enforceable by contempt. (Who is a Notary Public?)
2. Governing texts
| Source | Key rule |
|---|---|
| 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) | Rule VI § 5(b) – “Upon … death of the notary public, the notarial register and all notarial records shall immediately be delivered to the office of the Executive Judge.” Rule VII § 2(e) – the seal must be surrendered within five (5) days, on pain of contempt. Rule XI § 4 – if the notary dies before complying, the Executive Judge must “forthwith cause compliance.” (Who is a Notary Public?) |
| Rules on Electronic Notarization (A.M. No. 24-10-14-SC, 4 Feb 2025) | Electronic Notaries Public (ENPs) keep an electronic notarial book integrated in an accredited platform; a copy of each e-notarized document is auto-uploaded to the Supreme Court Central Notarial Database (SC-CND). Upon an ENP’s death, the ENP’s credentials are disabled and the SC-CND already holds the record, so no physical surrender is required. (Supreme Court promulgates Rules on Electronic Notarization - Lexology) |
| Case law | Failure to surrender books and seal after expiration of a commission (much more, after death) has repeatedly led to revocation of commission, suspension, and contempt (e.g., Miranda v. Alvarez, A.C. No. 12196, 3 Sept 2018). (A.C. No. 12196 - PABLITO L. MIRANDA, JR., COMPLAINANT, VS. ATTY. JOSE B. ALVAREZ, SR., RESPONDENT.D E C I S I O N - Supreme Court E-Library) |
3. Where and to whom to deliver
Office of the Executive Judge (Regional Trial Court) that issued the last notarial commission.
- The Executive Judge is the supervisory authority designated by the Rules; the Clerk of Court receives the records for and under the Executive Judge’s control.
- If the lawyer held successive commissions in different provinces, surrender each set of books to the Executive Judge who issued the corresponding commission.
- For lawyers commissioned in Manila, Quezon City, Makati, Pasig, etc., the Executive Judge sits in the RTC of that city; in multi-city provinces, it is the RTC capital seat.
4. What must be surrendered
| Item | Statutory basis | Deadline |
|---|---|---|
| All Notarial Registers/Notarial Books (including stubs of completed books and blank pages of unfilled books), minute/protocol files, photocopies of notarized instruments, monthly reports | Rule VI § 5(b) | Immediately after death |
| Official Notarial Seal (die, stamp, or electronic certificate) | Rule VII § 2(e) | Within 5 days of death |
| Certificate of Authorization to Purchase a Notarial Seal (if still in holder’s files) | good practice | With the seal |
| Inventory/Transmittal letter signed by the surrendering party | best practice | At time of delivery |
5. Who has the duty to surrender
- Custodian or person in possession of the records (secretary, associate, spouse, heir, executor, or law-office partner).
- If several persons possess portions (e.g., home office vs. branch office), each must deliver what he or she holds.
- Where nobody volunteers, the Executive Judge, on notice of death, may summon heirs, order search and seizure, or issue contempt citations to enforce surrender. (Who is a Notary Public?)
6. Step-by-step procedure (physical records)
| Step | Actor | Practical tips |
|---|---|---|
| 1. Prepare an inventory of every register (Book No., page span, years covered), loose copies, and the physical seal. | Custodian | Attach photo of each book’s cover for easy verification. |
| 2. Draft a transmittal letter stating: (a) name of deceased lawyer; (b) last commission number & city/province; (c) date of death (attach PSA death certificate); (d) list of items surrendered; (e) request for acknowledgement. | Custodian | Use law-office letterhead if available. |
| 3. Deliver personally to the Office of the Executive Judge during office hours. | Custodian/heir | Bring ID and proof of relationship or authority. |
| 4. Secure a receiving copy stamped “Received” with date, time, and signature of the Clerk of Court/authorized staff. | Custodian | Keep for estate and IBP records. |
| 5. Executive Judge records receipt, orders the seal destroyed or defaced in public, and files the books in the Notarial Records Section. | Court | The Judge may issue a short order noting compliance. |
7. Treatment of electronic notarial records (ENPs)
| Scenario | What happens |
|---|---|
| ENP dies, platform still operative | The Electronic Notary Administrator (ENA) disables the ENP’s digital certificate; the ENF retains the electronic notarial book, while the SC-CND already stores each e-document and the e-register. No further action by the heirs is needed. (Supreme Court promulgates Rules on Electronic Notarization - Lexology) |
| ENP’s heirs find a hardware token or backup copy | Surrender it to the ENA or to the Executive Judge who commissioned the ENP for secure destruction, analogous to Rule VII § 2(e). |
8. Consequences of non-compliance
- Contempt of court for the custodian who withholds the seal or records after notice.
- Administrative liability for any lawyer who aids in concealment; may include disbarment or perpetual disqualification as notary (see Miranda v. Alvarez). (A.C. No. 12196 - PABLITO L. MIRANDA, JR., COMPLAINANT, VS. ATTY. JOSE B. ALVAREZ, SR., RESPONDENT.D E C I S I O N - Supreme Court E-Library)
- Possible criminal liability under Art. 171 (falsification) or Art. 226 (removal, concealment, or destruction of documents) of the Revised Penal Code if records are tampered with.
9. Related compliance points for law offices & estates
- Insert a “Notarial Records Custodian” clause in the firm’s partnership agreement or in the lawyer’s last will.
- Keep a master list of commission dates and book numbers; update it annually.
- Inform the Integrated Bar of the Philippines (IBP) local chapter of the lawyer’s death; the chapter often assists the court in tracing missing registers.
- For estate settlement, present the court’s acknowledgment of surrender to show that potential liabilities connected with notarization are being addressed.
10. Take-away checklist (print or save)
- Locate all notarial books, minute files, monthly reports.
- Retrieve physical or electronic notarial seal.
- Draft inventory + transmittal letter with death certificate.
- Personally deliver to Office of the Executive Judge (RTC of last commission).
- Obtain stamped receiving copy and keep in estate files.
- If the notary was also an ENP, notify the ENA; surrender any hardware token.
Timely and complete surrender protects the public, honors the deceased lawyer’s professional oath, and shields the estate and surviving partners from avoidable suits. Treat it as a first-week priority in any law-office wind-down.