Can Buyers Request Two Original Notarized Copies of a Condominium Contract to Sell and Deed of Absolute Sale in the Philippines?

In the Philippines, buyers can request two (or more) original notarized copies of a condominium Contract to Sell (CTS) and Deed of Absolute Sale (DOAS)—but how you properly do this, and what it means in law and in practice, takes a bit of unpacking.

Below is a structured, article-style discussion in the Philippine context.

I. Key Concepts

1. Contract to Sell vs. Deed of Absolute Sale

  • Contract to Sell (CTS)

    • Usually used by developers and sellers for installment or pre-selling condominium units.
    • Ownership is typically retained by the seller until full payment or other conditions are met.
    • Often not registered with the Registry of Deeds (RD), but may still be notarized for evidentiary value and use with banks.

  • Deed of Absolute Sale (DOAS)

    • Executed when the buyer has completed payment or agreed conditions.

    • Transfers ownership from seller to buyer.

    • This is the instrument presented to:

      • Bureau of Internal Revenue (BIR) for capital gains tax (CGT) / creditable withholding tax (CWT) and documentary stamp tax (DST).
      • Local government (City/Municipal Treasurer) for transfer tax.
      • Registry of Deeds for issuance of a new Condominium Certificate of Title (CCT) in the buyer’s name.

Because the DOAS is the main instrument for transfer and registration, how many “originals” exist, and who keeps them, matters practically.

II. What Is an “Original Notarized Copy”?

In practice, there are three common “levels” of documents:

  1. Private documents – signed but not notarized.

  2. Notarized original – the document signed by the parties before a notary public, with notarial acknowledgment and the notary’s seal and details.

  3. Certified/annotated copies – photocopies of a notarized original, later:

    • Certified true by the notary public; or
    • Certified true by the Registry of Deeds or BIR (after you submit the original).

For a lot of contracts, the parties sign more than one “duplicate original”, meaning:

  • The parties sign multiple identical copies of the same text.
  • Each copy is separately notarized (often with the same notarial entry) or stapled together as counterparts.
  • All of those copies are treated as originals, not just photocopies.

So when buyers say they want “two original notarized copies,” they are basically asking for:

Two separate duplicate original instruments, each bearing the parties’ wet signatures and the notary’s acknowledgment.

III. Legal Framework on Notarization and Multiple Originals

1. Philippine Civil Code and Evidence Rules (high level)

  • The Civil Code and Rules on Evidence recognize that:

    • Written documents are the best evidence of their contents.
    • Public documents (including notarized documents) enjoy a presumption of regularity and are admissible in evidence without further proof of authenticity, subject to rebuttal.

  • The law does not prohibit having several original counterparts of the same instrument. Business practice in the Philippines routinely uses duplicate originals for contracts, leases, and sale documents.

2. 2004 Rules on Notarial Practice (RNP), as amended – core points

While the RNP focus more on how notarization is done, they imply several practical rules that affect the number of originals:

  1. Appearance and Identification

    • Parties must personally appear before the notary.
    • The notary must verify their identity and willingness to sign.

  2. Notarial Register & Copy

    • For certain instruments (including deeds of sale of real property), the notary is required to maintain a notarial register and typically keep a copy of the document for his/her protocol files, depending on local practice and bar guidance.

  3. Multiple Counterparts

    • The RNP do not forbid notarizing multiple counterparts of the same contract.
    • The parties can sign several identical copies; the notary can notarize each counterpart, referencing the same notarial entry number (or, in some practices, noting in the register that there are multiple counterparts).

Because there is no legal rule saying “there must only be one original,” having two or more original notarized copies is legally permissible as long as notarization requirements are observed.

IV. Typical Distribution of Original Notarized Copies in a Condominium Sale

Although practices differ among law firms, notaries, and developers, a common pattern is:

  • 1 copy – Notary’s file/protocol (sometimes a photocopy, sometimes an original, depending on practice).

  • 1 copy – Buyer’s copy.

  • 1 copy – Seller’s copy.

  • For actual transfer and compliance:

    • BIR usually just needs one original DOAS, sometimes attached with photocopies plus tax forms.
    • LGU Treasurer (for transfer tax) typically can work with the same original DOAS (passed along the chain) and photocopies.
    • Registry of Deeds generally requires the original DOAS, accompanied by tax documents and the existing title or developer’s evidence of title.

In developer sales, there might also be copies retained by:

  • The developer/vendor (for their records and audits).
  • The condominium corporation or property management for documentation of ownership.

This is why, even without the buyer asking, contracts are often prepared in multiple copies.

V. Can Buyers Request Two Original Notarized Copies?

1. Short answer

Yes. Buyers may request that the parties execute two (or more) duplicate original notarized copies of the CTS and DOAS, provided:

  • The seller agrees (it is a bilateral contract).
  • The notary is willing and comfortable with notarizing multiple counterparts under professional and ethical rules.
  • The parties sign all counterparts properly in the presence of the notary.

There is no law that grants an absolute right to insist on any specific number of originals, but there is also no prohibition on having multiple originals if all sides consent.

2. Common reasons buyers ask for two originals

Buyers often want an extra original because:

  • They are applying for a housing loan with a bank, which may require:

    • A notarized original CTS for loan approval and mortgage documentation; and
    • Later, a notarized original DOAS for release of loan proceeds and registration of mortgage.

  • They want:

    • One original to submit to the bank or financial institution.
    • Another original for their personal file, especially if the bank or RD keeps the original they submit.

Having two original notarized copies reduces the buyer’s dependence on certified copies and simplifies later transactions (future resale, disputes, estate proceedings, etc.).

VI. Practical Ways to Have Two Original Notarized Copies

1. During drafting and signing

The cleanest method is:

  1. Draft the CTS/DOAS specifying that it is executed in several copies of equal force and validity (e.g., “This Deed is executed in four (4) copies, all of which shall be considered as originals.”).

  2. Print the contract in as many copies as needed (say, four or five):

    • One for the buyer
    • One for the seller
    • One intended for BIR/RD
    • One for the bank
    • One for the notary or developer file

  3. Have all copies signed:

    • The buyer(s) and seller(s) sign each copy at the signature page.
    • Each page is initialed if the parties or notary require it.

  4. The notary public:

    • Verifies the identities and consents of the parties.

    • Notarizes the instruments:

      • Typically using one acknowledgment block that covers all counterparts, or
      • Affixing the notarial seal to each counterpart with the same document title and date.

Result: all those copies are duplicate originals, equally valid.

2. After notarization (less ideal)

If the document is already notarized and only one original exists:

  • You cannot magically turn a photocopy into an “original”. A photocopy, even if authenticated, remains a copy.

  • Options:

    1. Execute a new DOAS/CTS:

      • The parties can sign an exact duplicate of the original contract and have it notarized again.
      • Typically, the document can refer to the same sale, same date (or specify it is a re-execution / duplicate of the earlier deed).

    2. Obtain certified true copies:

      • Submit the original notarized DOAS to the RD and later ask for certified true copies of the registered deed or the annotated title.
      • The bank or other third parties often accept certified copies if the original is with another office.

Still, for clarity and simplicity, it is much better to plan for multiple originals at the time of signing.

VII. Limits and Practical Issues

1. Notary and law office policy

Some notaries or law offices might:

  • Prefer keeping one original for their records.

  • Limit the number of “originals” they notarize because:

    • They want tighter control of their notarial register and copies.
    • They are concerned about potential misuse of documents.

In practice, though, accommodating four to six originals is still common and generally manageable.

2. Fees

  • Notarial fees may be:

    • Per instrument (regardless of counterparts), or
    • Per counterpart if volume is high or if the document is lengthy.

  • Developers may charge “documentation fees” or “processing fees” that already bundle:

    • Preparation of CTS/DOAS.
    • Notarial fees.
    • Coordination with BIR and RD.

Buyers asking for extra original copies might sometimes be charged additional fees, depending on the arrangement.

3. Institutional sellers and developers

When buying from big developers or corporate sellers:

  • Documentation processes are often standardized.

  • They may have a fixed number of original sets they are willing to sign and notarize.

  • However, if a buyer formally requests two buyer’s originals (e.g., “One for my bank, one for my records”), many developers accommodate it, especially if:

    • The buyer is getting bank financing and the bank explicitly requires it.
    • The request is made before documents are printed and routed.

VIII. Alternatives If Only One Original Is Available

If the seller or notary insists on only one original (for example, that original must go to the RD), buyers still have options:

  1. Certified true copy from the notary

    • The notary may issue a notarized certificate stating that a photocopy is a faithful reproduction of the original on file.
    • This provides more evidentiary weight than an ordinary photocopy.

  2. Certified true copy from the Registry of Deeds or BIR

    • Once the DOAS and related documents are submitted and recorded:

      • The RD can issue certified copies of the DOAS (if it forms part of the registration documents) or the title itself.
      • These certified copies are generally accepted by banks and other institutions.

  3. Bank accommodation

    • Many banks understand that the original DOAS sometimes stays with the RD or another public office.

    • They often accept:

      • Certified copies of the DOAS or title; and
      • The bank’s own mortgage deed as notarized and registered security.

IX. Recommendations for Buyers in the Philippines

If you are a buyer of a condominium unit and want two original notarized copies of your CTS and/or DOAS, consider these practical steps:

  1. Raise the request early

    • Inform the seller/developer or their in-house counsel before they prepare the documents:

      “I will need at least two notarized original sets—one for my bank and one for my file.”

  2. Specify the purpose

    • If the bank or financing institution is requiring a separate original, say so explicitly and, if possible, show the bank’s requirement.

  3. Check the draft

    • Ask that the contract include a clause such as:

      “This Deed is executed in [number] copies, all of which shall be considered as originals.”

  4. Confirm with the notary

    • During signing, confirm that:

      • All counterparts are being signed by all parties.
      • All counterparts are treated as equally original and are properly notarized.

  5. Keep at least one original in your possession

    • Try to keep one complete original set under your control, not just a photocopy.
    • Use certified copies when third parties require documentation after registration.

  6. If you’re dealing with only one original

    • Ask where that original will end up (notary, BIR, RD, bank).
    • Explore getting certified copies as a substitute for a second original.

X. Conclusion

In Philippine practice, buyers may definitely request two original notarized copies of a condominium Contract to Sell and Deed of Absolute Sale. The law does not limit the number of original counterparts, as long as:

  • All counterparts are properly signed by the parties.
  • All are properly notarized according to the Rules on Notarial Practice.
  • The seller and notary agree to the arrangement.

It is a matter of contractual and procedural arrangement, not a prohibited act. For buyers—especially those dealing with banks, future resales, and long-term documentation—asking for duplicate originals is both reasonable and practical.

For specific transactions, though, it’s wise to consult a Philippine lawyer or in-house counsel who can review the actual documents, confirm current local practices at the BIR and Registry of Deeds involved, and ensure that your interests are fully protected.

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

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