Can a Notary Public Notarize Documents on Weekends and Holidays in the Philippines?


Overview

In the Philippines, notarization is a public function: a Notary Public acts as an officer authorized by the State to convert a private document into a public document. Because notarization affects the integrity of written agreements and public confidence in transactions, notarial practice is governed primarily by the 2004 Rules on Notarial Practice (RNP), Supreme Court circulars, and related statutes.

A common practical question is whether notarization may be done on weekends or holidays. The short, legally grounded answer is: yes, a Notary Public may notarize on weekends and holidays, provided all substantive and procedural requirements of notarization are followed. There is no rule that limits notarization to business days, but there are important constraints on where, how, and under what conditions notarization may occur.

This article lays out what the law says, what it doesn’t say, and the practical/legal risks tied to notarizing outside regular business days.


Notarization Is About Compliance, Not the Day

The RNP does not prescribe office hours or days during which notarization may be performed. Instead, it focuses on:

  1. Personal appearance of the signatory
  2. Proper identification
  3. Voluntary act and capacity
  4. Correct notarial act and certificate
  5. Entry into the notarial register
  6. Notarization within authorized territorial jurisdiction
  7. No conflict of interest or prohibited act

As long as these are satisfied, notarization is legally valid whether done on a Monday afternoon, a Sunday morning, or a national holiday.


Key Legal Foundations

1. Authority Comes From a Notarial Commission, Not Calendar Days

A Notary Public’s authority flows from a commission issued by the Executive Judge of the Regional Trial Court for a defined term (usually two years). That commission is not conditioned on weekdays or business hours. The Notary may act any time during the commission period.

2. Notarial Acts Must Be Performed Within One’s Jurisdiction

The RNP strictly limits notarization to the Notary’s territorial jurisdiction—generally the province or city where commissioned, and often tied to the Notary’s place of work or business address stated in the petition.

Weekends/holidays do not relax this rule. A notary cannot notarize outside the territorial area even if asked to do so because “it’s a Sunday and urgent.”


The Real Issue on Weekends/Holidays: Venue and Procedure

While the day is not restricted, the venue can be.

A. Notarization Must Generally Be Done at the Notary’s Regular Place of Business

The RNP expects notarization to take place at the Notary’s office address stated in the commission. This is to prevent abuse, such as roaming notarization, “fly-by-night” notarizing, or forged acknowledgments.

Exceptions are allowed, but must be justified.

B. Notarization Outside the Office Is Allowed Only in Specific Situations

A Notary may notarize outside the regular place of business only if:

  • the signatory is ill or bedridden,
  • the signatory is detained,
  • the signatory is otherwise unable to appear at the notary’s office, or
  • other special circumstances exist that make it impractical for the person to go to the notary.

If notarization happens on a weekend/holiday and outside the Notary’s office (e.g., home visit, hospital, jail, mall), the Notary should be ready to show that the venue fits the exceptions and that it was not a casual “roving” notarization.


Requirements That Must Still Be Met (Even on a Sunday)

Whether weekday or holiday, the Notary must strictly observe these:

1. Personal Appearance

The signatory must personally appear before the Notary at the time of notarization. No appearance = void notarization and possible administrative liability.

2. Competent Evidence of Identity

The Notary must verify identity through:

  • at least one current official ID with photo and signature; or
  • credible witness/es under the RNP.

Weekends/holidays often mean rushed transactions. The Notary must still refuse notarization when identification is doubtful.

3. Voluntary, Knowing Act

The Notary must ensure the signer understands the document and signs voluntarily, not under coercion.

4. Proper Notarial Certificate

The Notary must complete the correct acknowledgment, jurat, oath, or other certificate. Pre-signed or blank certificates are prohibited regardless of urgency or day.

5. Notarial Register Entry

Every act must be recorded in the notarial register at the time of notarization, including:

  • date and time,
  • type of act,
  • title/description of document,
  • name and address of signatory,
  • ID details,
  • witnesses (if any),
  • fees,
  • place of notarization.

Notaries sometimes postpone entries on weekends. That is risky. The RNP treats failure to properly record as a serious breach.


Can a Notary Refuse Weekend/Holiday Requests?

Yes. Notarization is not a compulsory service on demand. A Notary:

  • may decline for personal reasons (e.g., unavailability),
  • must decline if legal requirements aren’t met,
  • should decline if asked to do prohibited acts (e.g., notarize without appearance).

A client’s urgency does not override compliance.


Fees on Weekends/Holidays

There is no specific national rule adding “weekend/holiday surcharges.” Notarial fees are generally guided by:

  • court-approved fee schedules in some localities,
  • professional reasonableness,
  • prohibition against excessive or unconscionable fees.

A Notary may charge reasonable additional costs for travel or special arrangements if notarization is done outside office under valid exceptions, but should document these.


Special Situations

1. Emergency/Last-Minute Contracts

Urgency does not change the legal checklist. Notaries are frequently disciplined for “emergency” notarizations that skipped appearance or proper ID.

2. Notarization in Hospitals, Detention Centers, or Homes

Allowed only when the situation genuinely prevents office appearance. The Notary should:

  • indicate the true place of notarization in the certificate,
  • record the exception clearly in the register.

3. Corporate or Real Estate Closings on Weekends

Permissible if notarized within jurisdiction and office/exception rules. If weekend closings happen in hotels or client premises, the Notary must be sure the venue is justified—not merely convenient.


Legal Consequences of Improper Weekend/Holiday Notarization

Notaries are held to strict standards. Violations can lead to:

  • revocation of commission,
  • disqualification from future commissions,
  • suspension from law practice,
  • administrative fines,
  • possible criminal liability (e.g., falsification), and
  • civil liability if damages result.

Courts treat notarization errors seriously because notarized documents carry evidentiary weight as public documents.


Practical Guidance for Notaries

If notarizing on weekends/holidays:

  1. Confirm personal appearance—no shortcuts.
  2. Verify IDs carefully; document ID details.
  3. Notarize only within jurisdiction.
  4. Avoid casual “roving.” If outside office, ensure it fits RNP exceptions.
  5. Complete certificate on the spot. Never pre-sign.
  6. Record immediately in the notarial register, including actual place and time.
  7. Keep copies and supporting notes for any out-of-office notarization.

Practical Guidance for Clients

If you need weekend/holiday notarization:

  1. Bring proper IDs (current, government-issued, photo + signature).
  2. Expect to sign only in the notary’s presence.
  3. Understand that notaries may refuse if requirements aren’t met.
  4. Be ready to go to the notary’s office, unless you truly cannot (e.g., hospitalized).
  5. Check the certificate to ensure the date/place are correct.

Bottom Line

Yes, notarization on weekends and holidays is allowed in the Philippines. The law does not restrict notarization to weekdays. The validity of notarization depends not on the calendar day, but on strict compliance with the Rules on Notarial Practice, especially personal appearance, competent identification, correctness of the notarial certificate, proper register entry, and territorial jurisdiction.

Weekend/holiday notarization becomes legally risky only when it tempts shortcuts—roving without justification, notarizing without appearance, or failing to record properly. Those, not the day itself, are what invalidate notarization and expose the Notary to sanctions.


If you want, tell me what type of document you’re thinking about (e.g., affidavit, SPA, deed, contract), and I’ll lay out the exact notarial act and common pitfalls for that document.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.