Can You Notarize a Deed of Sale in Manila for Property Located in the Province? A Comprehensive Guide Under Philippine Law

Introduction

In the Philippines, the sale of real property is a significant transaction that requires careful adherence to legal formalities to ensure validity, enforceability, and protection against third-party claims. A key step in this process is the execution and notarization of a Deed of Sale (DOS), which serves as the public instrument evidencing the transfer of ownership. A common question arises when the property is situated in a province outside Metro Manila, but the parties wish to notarize the document in Manila for convenience, such as when the seller or buyer resides or works there. This article explores whether such notarization is permissible, the governing laws, procedural requirements, potential challenges, and related considerations, all within the Philippine legal framework.

Legal Basis for Notarization of Deeds of Sale

The notarization of documents, including Deeds of Sale for real property, is governed primarily by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended, and relevant provisions of the Civil Code of the Philippines (Republic Act No. 386). Under Article 1358 of the Civil Code, contracts involving the sale of real property must appear in a public document to be valid as against third persons. Notarization elevates a private document to the status of a public document, providing prima facie evidence of its authenticity and due execution.

Notarization involves a notary public—a lawyer authorized by the Supreme Court—certifying that the signatories appeared before them, acknowledged the document as their free act, and complied with identification requirements. This process is essential for the Deed of Sale to be registrable with the Register of Deeds, as per Section 112 of Presidential Decree No. 1529 (Property Registration Decree).

Jurisdiction of Notaries Public in the Philippines

Notaries public in the Philippines are commissioned by the Executive Judge of the Regional Trial Court (RTC) in the city or province where they intend to practice, as outlined in Rule II, Section 1 of the 2004 Rules on Notarial Practice. Their authority to perform notarial acts is limited to the territorial jurisdiction of the commissioning court. For instance:

A notary commissioned in Manila can only notarize documents within the City of Manila.
A notary commissioned in a province, such as Cebu or Bulacan, is restricted to that province.

This jurisdictional limit means the physical act of notarization must occur within the notary's authorized area. However, there is no explicit requirement under the Rules that the notary's jurisdiction must align with the location of the real property involved in the transaction. In other words, the subject matter of the document (e.g., property in a province) does not dictate the notary's jurisdiction; rather, it is the place of execution that matters.

Thus, a Deed of Sale for provincial property can be validly notarized in Manila by a Manila-commissioned notary, provided the signing and acknowledgment take place in Manila. This is a common practice, especially for parties based in urban centers who prefer not to travel to remote provinces.

Exceptions to Jurisdictional Limits

The 2004 Rules provide limited exceptions allowing notaries to act outside their jurisdiction:

Consular Notarization: If executed abroad, the document may be notarized by a Philippine consul, but this is irrelevant for domestic transactions.
Special Commissions: In rare cases, the Supreme Court may issue special commissions for notaries to act in specific areas, but this is not standard for routine property sales.
Emergency or Convenience: No broad exception exists for convenience, so parties must ensure the notarization occurs within the notary's territory.

Violating jurisdictional limits renders the notarization void, potentially invalidating the Deed of Sale for registration purposes and exposing the notary to disciplinary action, including revocation of commission.

Procedural Steps for Notarizing a Deed of Sale in Manila

To notarize a Deed of Sale in Manila for provincial property, follow these steps:

Drafting the Deed: The document should include essential elements such as the parties' identities, property description (including technical details from the title), purchase price, terms of payment, warranties, and signatures. It must comply with Article 1483 of the Civil Code, which requires the sale to be absolute or conditional as intended.
Execution in Manila: The parties must personally appear before a Manila notary. If a party cannot appear, a Special Power of Attorney (also notarized) may authorize a representative, but the principal's identity must still be verified.
Notarial Acknowledgment: The notary verifies identities using competent evidence (e.g., government-issued IDs under Rule IV, Section 2(b) of the Rules), ensures voluntariness, and affixes their seal and signature. The notary enters the details in their notarial register.
Payment of Fees: Notarial fees are regulated by the Supreme Court, typically ranging from PHP 200 to PHP 500 for acknowledgments, plus additional costs for drafting if the notary assists.
Documentary Requirements: Bring originals and copies of the property title (e.g., Transfer Certificate of Title), tax declarations, and proof of payment of capital gains tax (CGT) and documentary stamp tax (DST), though these are more critical for registration.

Registration of the Notarized Deed

While notarization can occur in Manila, registration must be done with the Register of Deeds in the province or city where the property is located, as mandated by Section 51 of PD 1529. The notarized Deed of Sale is submitted along with:

Original Owner's Duplicate Title.
Payment receipts for CGT (6% of selling price or zonal value, whichever is higher, under Revenue Regulations No. 13-2018), DST (1.5% of consideration), and transfer tax (0.5% to 0.75% depending on local ordinances).
Clearance from the Bureau of Internal Revenue (BIR) and local treasurer's office.
If applicable, approvals from the Department of Agrarian Reform (DAR) for agricultural land or the Housing and Land Use Regulatory Board (HLURB) for subdivided lots.

Failure to register does not invalidate the sale between parties (Article 1358, Civil Code) but leaves the buyer vulnerable to claims from innocent third parties.

Potential Challenges and Legal Risks

Validity Concerns

Void Notarization: If the notary acts outside their jurisdiction (e.g., a Manila notary traveling to the province without authority), the Deed becomes a mere private document, inadmissible for registration.
Fraud or Forgery: Notarization in a distant location might raise suspicions, but if properly done, it holds evidentiary weight under Article 410 of the Civil Code.

Tax and Compliance Issues

BIR Scrutiny: The BIR may question valuations if the transaction appears structured to evade taxes, but location of notarization alone does not trigger this.
Local Government Units (LGUs): Some provinces have ordinances requiring local notarization for certain documents, but these cannot override national rules on notarial practice.

Practical Hurdles

Travel and Logistics: Parties from the province may incur costs traveling to Manila, but this is often outweighed by access to experienced notaries.
Pandemic-Era Adjustments: During COVID-19, remote notarization was temporarily allowed via videoconference (Supreme Court Circular No. 74-2020), but this has largely reverted to in-person requirements.
Disputes: If litigation arises, courts in the property's location have jurisdiction over real actions (Rule 4, Section 1, Rules of Court), regardless of where the Deed was notarized.

Special Cases

Extrajudicial Settlement with Sale: For inherited provincial property, the Deed can still be notarized in Manila, but publication requirements under Rule 74 of the Rules of Court must be followed in the property's locale.
Corporate Sellers: If involving corporations, ensure compliance with Securities and Exchange Commission (SEC) rules on board resolutions.
Foreign Parties: Non-residents may need consular authentication if abroad, but for domestic execution, standard rules apply.

Alternatives to Notarization in Manila

If notarization in Manila is impractical:

Engage a provincial notary at the property site.
Use a mobile notary within Manila's jurisdiction.
Execute via electronic means if future laws permit, though e-notarization is not yet fully implemented in the Philippines (pending full rollout of the Electronic Commerce Act).

Conclusion

Yes, it is legally permissible to notarize a Deed of Sale in Manila for property located in a Philippine province, as long as the notarization occurs within the notary's jurisdictional territory and complies with the 2004 Rules on Notarial Practice. This flexibility accommodates modern lifestyles while upholding the integrity of public documents. However, parties must ensure subsequent registration in the correct Register of Deeds and settle all taxes to perfect the transfer. Consulting a lawyer is advisable to navigate nuances and avoid pitfalls, ensuring the transaction's smooth completion under Philippine law.