In the Philippines, engaging a Notary Public or an attorney to draft and notarize legal documents is a standard part of property transactions and legal affirmations. However, many Filipinos are often surprised by the varying costs associated with these services. Unlike commodities with fixed prices, legal fees are governed by a mix of professional standards, local integrated bar customs, and the complexity of the document.
1. The Basis of Legal Fees
Attorneys in the Philippines do not pull numbers out of thin air. Their fees are generally guided by the Integrated Bar of the Philippines (IBP) Minimum Wage/Fee Schedule specific to their local chapter (e.g., IBP Makati, IBP Cebu, etc.).
While these schedules provide a "floor" or minimum, the final price is often determined by:
- The Value of the Transaction: For Deeds of Sale, fees are usually a percentage of the selling price.
- The Complexity of the Case: If a Deed of Sale involves multiple heirs, judicial partitions, or encumbrances, the fee increases.
- The Lawyer’s Expertise: A senior partner in a major firm will naturally charge more than a solo practitioner.
2. Drafting and Notarizing a Deed of Sale
A Deed of Absolute Sale is the most common document used to transfer property. The attorney's role is not just to "stamp" the paper, but to ensure the description of the property is accurate, the parties are legally capable, and the terms protect the client.
Common Fee Structures:
| Service Type | Typical Fee Range | Notes |
|---|---|---|
| Percentage-Based | 1% to 1.5% of the Selling Price | This is the industry standard for most residential and commercial sales. |
| Flat Fee | ₱5,000 to ₱15,000+ | Usually applied to low-value properties or "friendly" transfers between family members. |
| Minimum Fee | ₱3,000 | Most IBP chapters set a minimum floor regardless of how small the transaction value is. |
Note: The "1% fee" often includes both the drafting and the act of notarization. If you bring a pre-drafted document to a lawyer just for notarization, they may still charge based on the percentage because they assume the legal liability of the document's authenticity.
3. Drafting Affidavits
Affidavits (e.g., Affidavit of Loss, Affidavit of Self-Adjudication, Affidavit of Consent) are simpler than Deeds of Sale but still require precise language to be legally binding.
- Simple Affidavits: (Loss of ID, One and the Same Person) typically range from ₱500 to ₱1,500.
- Complex Affidavits: (Affidavit of Self-Adjudication with Sale, or those requiring extensive "Whereas" clauses) can range from ₱3,000 to ₱10,000 or more, depending on the stakes involved.
4. Important Considerations for Clients
Notarization vs. Drafting
It is a common misconception that you are paying only for the "dry seal." In reality, when a lawyer signs a document, they are certifying:
- The identity of the parties.
- That the signing was a free and voluntary act.
- That the document is entered into their Notarial Register, which is later submitted to the Clerk of Court.
Out-of-Pocket Expenses
The professional fee usually does not include:
- Documentary Stamp Tax (DST): Often required for the document to be valid for BIR or LRA purposes.
- Filing Fees: If the lawyer is also tasked with transferring the Title (Title Processing).
- Travel Expenses: If the Notary must travel to a hospital or a specific location to witness a signature.
The "Suki" or Discounted Rate
While the IBP sets minimums, many lawyers offer discounts for long-term clients or simple "pro-forma" documents. However, be wary of "notary-only" stalls (often found near government offices) that charge ₱100-₱200; these are frequently operated by non-lawyers using a "borrowed" seal, which can lead to your document being questioned or invalidated later.
5. Legal Ethics and Overcharging
Under the Code of Professional Responsibility and Accountability (CPRA), a lawyer’s fee must be reasonable. If a client feels they have been exorbitantly overcharged, they can technically file a grievance, though this is rare for standard documentation like Deeds of Sale. It is always best to agree on the fee before the lawyer begins drafting.
Would you like me to create a sample template for a "Contract for Legal Services" to help you formalize an agreement with an attorney?