1) What a “Quitclaim Deed” Means in Philippine Practice
In the Philippines, a “quitclaim deed” is not a special, separately defined instrument under a single statute. It is a commonly used label for a written document by which a person (the releasor/quitclaimant) renounces, waives, releases, or transfers whatever right, interest, or claim they may have in favor of another (the releasee/beneficiary/grantee).
Because it is used in many situations, a “quitclaim deed” can function as any of the following, depending on its wording and context:
- Deed of Waiver/Renunciation of Rights (e.g., waiving hereditary shares, waiving claims to property)
- Deed of Release/Settlement (e.g., settling disputes, releasing claims in exchange for consideration)
- Instrument incidental to partition or estate settlement (e.g., one heir waives in favor of another)
- A conveyance instrument that resembles a transfer, but without warranties (i.e., the releasor transfers only what they have, if any)
Quitclaim vs. Deed of Absolute Sale (and why the distinction matters)
A Deed of Absolute Sale is a transfer premised on a sale, typically with clearer intent of conveyance and consideration. A quitclaim generally emphasizes waiver/release and usually contains no warranty of title. In real-world processing, however, government agencies (especially for tax purposes) often look beyond the label and examine:
- the actual intent,
- whether there is consideration, and
- whether the instrument effectively operates as a sale, donation, partition, or settlement.
This affects taxes, registrability, and risk.
2) Why Notarization Is Central for Quitclaim Deeds Involving Property
A. Notarization converts the document into a public instrument
When properly notarized, a quitclaim deed becomes a public document (public instrument). This is crucial because public instruments carry:
- higher evidentiary weight in court and official transactions,
- a presumption of due execution, and
- practical acceptance by agencies and the Registry of Deeds.
B. Notarization is usually required for registrability
For quitclaims affecting real property (land, condominium units, buildings, or registered interests), registration and annotation at the Registry of Deeds generally require a duly notarized instrument. Unnotarized or defectively notarized deeds are commonly refused for registration/annotation.
C. Notarization is not a magic validity stamp
Notarization does not:
- cure a void transaction,
- prove the releasor truly owns the right being waived or conveyed,
- replace required legal formalities for certain transactions (notably donations of immovables), or
- eliminate tax and registration requirements.
3) The Governing Framework for Notarization
The notarization of deeds in the Philippines is governed primarily by the 2004 Rules on Notarial Practice (as amended and implemented through court issuances and local court administration), along with property and obligations principles under the Civil Code and registration practice under the Property Registration Decree framework.
The Rules on Notarial Practice impose strict requirements; noncompliance can:
- strip the document of its status as a public instrument,
- lead to refusal by the Registry of Deeds or other agencies,
- expose the notary to administrative sanctions, and
- create serious litigation risk for the parties.
4) Notarization Requirements for Quitclaim Deeds
4.1 Personal appearance is mandatory
All signatories whose signatures are being notarized must personally appear before the notary at the time of notarization. The notary must not notarize based on:
- pre-signed documents left behind,
- IDs sent by messenger,
- authorization by phone/video call, or
- “paki-notaryo na lang” arrangements without appearance.
Practical note: A quitclaim deed often involves multiple signatories (e.g., several heirs). Each must appear unless a valid representative signs under a proper written authority (see Special Power of Attorney below).
4.2 The document must be complete and consistent
A notary should refuse notarization if the instrument is incomplete or suspicious. A quitclaim deed should be complete, with no blank spaces that can be filled later.
For real property quitclaims, completeness typically means:
- Correct names and civil status of parties
- Clear statement of the right being waived or transferred
- Property description (often including TCT/CCT number, location, and technical description or reference to title)
- Consideration clause (if any), or explicit statement that it is gratuitous (with caution—see Donations below)
- Signatures on the correct pages; initials on each page are common practice
4.3 Competent evidence of identity is required
The notary must establish identity using competent evidence—commonly:
- at least one current official government-issued ID bearing photo and signature (and typically with serial number), such as passport, driver’s license, UMID, PRC ID, etc., or
- identification through credible witness(es) in situations allowed by the rules.
Credible witnesses (when used)
Where identification is made through credible witnesses, standard practice under the Rules generally requires:
- either one credible witness personally known to the notary and who personally knows the signatory,
- or two credible witnesses who personally know the signatory (and present their own competent IDs).
4.4 The notarial act for quitclaim deeds is typically an ACKNOWLEDGMENT
Most quitclaim deeds are notarized via acknowledgment (not a jurat), meaning the signatory:
- appears before the notary, and
- acknowledges that the signature is their free act and deed.
A jurat is more common for affidavits (where the affiant swears to the truth of statements). For quitclaim deeds (which are dispositive instruments), acknowledgment is the usual and appropriate form.
4.5 The notary must check capacity, authority, and willingness
A notary is expected to screen for basic issues such as:
- the signatory is of legal age and appears to understand the deed,
- the signatory is acting voluntarily,
- the signatory is not signing under obvious duress or incapacity,
- the signatory has authority when signing for another person or entity.
This is especially important for quitclaims because they often involve:
- family pressure (estate scenarios),
- settlement leverage (disputes), or
- parties relinquishing rights without clear consideration.
4.6 Disqualifications: when a notary must refuse
A notary must generally refuse notarization when:
- the notary is a party to the instrument or has a direct interest,
- the signatory is the notary’s spouse/partner, ancestor, descendant, or a close relative within the prohibited degree under the rules,
- the signatory does not personally appear,
- the signatory cannot be properly identified, or
- the document is incomplete or unlawful on its face.
4.7 Proper notarial certificate, seal, and register entry
A compliant notarization includes:
a notarial certificate (acknowledgment block) correctly filled out (date, place, names, ID details or credible witness details)
the notary’s signature and seal
entry in the notarial register (a chronological record) including:
- document title/type
- names of signatories
- date/time/place
- ID details
- fee charged
- other required particulars
signatures/thumbmarks of signatories in the register as required by practice
Many offices will also request or produce:
- multiple notarized originals (“as many originals as parties need”),
- certified true copies (depending on use), and
- attachments (photocopies of IDs, title reference pages, SPA, etc.) as part of the notary’s file.
5) Special Situations Common for Quitclaim Deeds
5.1 Signing through a representative (Special Power of Attorney)
A quitclaim deed may be signed by an attorney-in-fact if the principal executed a Special Power of Attorney (SPA) granting authority to waive/transfer rights.
Key points:
- The SPA must itself be in writing and usually notarized.
- For acts involving real rights over immovable property, the authority must be specific (generic authority is often insufficient in practice).
- Agencies and registries may scrutinize whether the SPA clearly authorizes the exact act (e.g., “to execute a deed of quitclaim/waiver over [property]”).
5.2 Signatories abroad
If a signatory is outside the Philippines:
- The document can be acknowledged before a Philippine Consul (consular notarization), or
- notarized before a foreign notary and then authenticated through the Apostille process (where applicable), subject to local acceptance requirements and the receiving office’s documentary standards.
In practice, registries and agencies may still require:
- clear identity proof,
- proper notarization form,
- and sometimes additional certifications, depending on the transaction and the instrument.
5.3 Illiterate signatory or one who cannot sign
Where the signatory cannot sign and uses a thumbmark, typical compliance measures include:
- the document being read/explained to the person,
- presence of required witnesses as contemplated by the rules and practice,
- proper notation that the signatory used a thumbmark.
5.4 Language issues
If the signatory does not understand the language of the deed, prudent practice includes:
- translation or explanation in a language understood,
- or use of an interpreter, with the interpreter identified.
6) Quitclaim Deeds and “Hidden” Formality Risks (Donation, Estate, Partition)
Quitclaims frequently appear in estate and family-property contexts. The label “quitclaim” can obscure the real legal nature.
6.1 If it is effectively a DONATION of immovable property
If the instrument is essentially gratuitous transfer of ownership of immovable property (land/condo) rather than a mere waiver incidental to settlement/partition, it may be treated as a donation. Donations of immovables have strict formal requirements under the Civil Code, including:
- donation in a public instrument specifying the property and burdens, and
- acceptance by the donee in the same instrument or in a separate public instrument, with required notifications.
If those donation formalities are not met, the transfer may be exposed to voidness or enforceability challenges, apart from tax consequences.
6.2 If it is part of EXTRAJUDICIAL SETTLEMENT of estate
Heirs often sign waivers/quitclaims in connection with an extrajudicial settlement. Estate settlement instruments have their own procedural requirements in practice (including publication and registration/annotation steps), and tax clearance requirements are significant. A quitclaim alone does not replace a proper settlement process where one is required.
6.3 If it is a disguised sale
Where there is real consideration and the intent is sale/transfer, agencies may treat the “quitclaim” as a transfer for value, affecting:
- Capital Gains Tax vs. other tax treatment,
- Documentary Stamp Tax computation,
- required supporting documents,
- and sometimes the acceptability of the instrument.
7) Typical Notarial Fees for Quitclaim Deeds in the Philippines
7.1 There is no single fixed nationwide rate
Notarial fees in the Philippines vary widely by:
- city/municipality and local market,
- the notary’s office location (business district vs. provincial),
- complexity (number of pages, attachments, property description),
- number of signatories,
- whether drafting/revision is included,
- urgency (“rush”),
- travel or special arrangements,
- and sometimes the property value involved.
Also, many “notarial fees” quoted to the public may bundle:
- document drafting,
- consultation,
- printing and attachments,
- and administrative handling—so it is important to distinguish notarization-only from full service.
7.2 Common real-world pricing patterns (typical ranges)
These are typical practice ranges seen across many localities; actual fees may be below or above depending on the factors listed.
A. Simple quitclaim / waiver (not tied to titled real property)
Examples: waiver of minor claims, release of rights in a non-registered arrangement, simple settlement release.
- ₱500 to ₱2,000 is commonly encountered for notarization-only, depending on location and length.
- Drafting can add ₱1,000 to ₱5,000+ depending on complexity.
B. Quitclaim deed involving titled real property (land/condo)
Examples: quitclaim over hereditary share in a titled property; release of claim over a parcel; waiver incident to partition; annotation-intended instruments.
Typical charging approaches:
- Flat fee: often around ₱2,000 to ₱10,000+ for notarization-only, increasing with pages and signatories.
- Value-based fee: some practitioners quote a percentage of the property’s value or the consideration, often in the neighborhood of 0.5% to 1% (sometimes higher for complex work), frequently with a minimum professional fee.
Where the deed is lengthy, has multiple signatories, or requires careful tailoring for registrability and tax processing, the “legal service” component often dominates the total.
C. Multiple signatories (common in heir scenarios)
Fees often increase when there are many signatories because:
- each signatory must appear and be identified,
- each must be recorded in the register,
- and the risk and administrative burden is higher.
It is common to see either:
- an added amount per additional signatory, or
- a higher flat fee for “group notarization” of a single deed.
D. Per-page and per-copy costs
Some offices add charges for:
- additional pages (especially where attachments are integral),
- extra notarized originals or certified copies.
7.3 Ethical boundary: fees must be reasonable
Notaries are lawyers, and professional rules require that fees remain fair and reasonable. Excessive or unconscionable charges—especially for mere notarization without legitimate complexity—can expose practitioners to complaints. In practice, however, “reasonableness” still varies by locality and market.
8) Costs Often Confused With Notarial Fees (But Are Separate)
For quitclaim deeds affecting real property, notarization is only one piece. Common additional costs include:
Taxes (BIR and local) Depending on classification: capital gains tax, donor’s tax, estate tax (if applicable), and documentary stamp tax; plus penalties if late.
Local transfer tax Paid to the city/municipal treasurer in many transfers.
Registry of Deeds fees Entry/annotation/registration fees and issuance fees, often value-based.
Document procurement Certified true copy of title, tax declaration, tax clearances, barangay/local certifications in some cases, and other supporting documents.
Condominium or subdivision requirements HOA/condo certificates, clearances, management endorsements (varies).
These items frequently exceed the notarization cost and are often the real drivers of the total expense.
9) Practical Checklist: A Registrable Quitclaim Deed (Real Property Context)
A conservative checklist commonly used in practice:
Confirm the objective Is it waiver only? settlement? donation? sale? partition? The instrument should match the true transaction.
Gather property details TCT/CCT number, registered owner, technical description, address, assessed value and/or zonal value reference (for tax assessment).
Draft with clarity Identify rights being waived/transferred, the basis (heirship, co-ownership, settlement), and any consideration.
Prepare IDs and authority documents Government IDs for all signatories; SPA if representative signs; corporate authority if entity is involved.
All signatories personally appear for notarization Ensure proper acknowledgment, correct notarial certificate, register entry.
Process tax requirements The BIR classification and documentary requirements depend on the nature of the transfer/waiver.
Register/annotate at the Registry of Deeds Submit notarized deed, tax clearances, eCAR/clearance documents (as applicable), and pay registration fees.
10) Common Pitfalls and Red Flags
- No personal appearance (most common cause of defective notarization)
- Cedula used as “ID” (community tax certificate is often requested for form-filling, but it is not the competent evidence of identity contemplated by the notarial rules)
- Notary outside territorial jurisdiction
- Blank or detachable signature pages
- Instrument misclassified (donation dressed as quitclaim; sale dressed as waiver), leading to tax and validity issues
- Missing acceptance formalities where donation rules should apply
- Unclear property description (making registration/annotation difficult or impossible)
- Assuming notarization guarantees ownership (it does not)
11) What Proper Notarization Ultimately Accomplishes
For quitclaim deeds in the Philippine setting, proper notarization primarily accomplishes three things:
- Elevates the deed to a public instrument, strengthening evidentiary status and official acceptability.
- Enables registration/annotation workflows, especially for titled property transactions.
- Reduces dispute risk by enforcing identity verification, personal appearance, and formal recordkeeping.
Notarization is therefore less about formality for its own sake and more about enforceability, registrability, and risk control in property and rights transfers.