For a government bidding contract in the Philippines, there is no automatic 1% notarial fee and no single peso amount that applies to every project. The amount depends on the procuring entity’s instructions, the notary’s posted fee schedule, the number of original sets, the length and complexity of the contract, and whether the lawyer is merely notarizing the finished document or also reviewing and preparing it. For basic budgeting, many bidders set aside about ₱500 to ₱2,000 for a straightforward, in-office contract acknowledgment, unless the agency has specified a lower fixed amount. That range is a planning estimate—not a government tariff.

How Much Should You Budget for Notarizing a Bidding Contract?

The following guide separates the actual notarial act from other legal and administrative services that may appear on the bill:

Situation	Practical amount to budget	Important qualification
Procuring entity arranges the notarization	₱0 to a nominal fixed amount	Some agencies expressly state the amount. One 2026 water-district Notice of Award, for example, required the winning bidder to provide ₱100 for the contract’s notarial fee. This is agency-specific, not a nationwide rate. (COWD)
Simple contract acknowledgment at a private notary’s office	Around ₱500–₱2,000	A reasonable budgeting allowance for one complete set, subject to the notary’s lawful posted schedule
Several original contract sets	Higher, depending on whether charged per set or per notarial act	Ask whether all duplicate originals are included in one quotation
Long contract with numerous annexes	Usually higher than a short agreement	Confirm whether annexes are part of the acknowledged instrument or treated separately
Lawyer reviews or revises the contract	Separate professional fee	This is legal work, not merely a notarial charge
Lawyer prepares corporate resolutions, an SPA or secretary’s certificate	Separate drafting and notarization fees	Each separately notarized document may carry its own fee
Notary travels to an agency, office, hotel or signing venue	Notarial fee plus agreed travel expenses	Travel fees are permitted if agreed upon before the trip
Representative signs outside the Philippines	Foreign notarial, apostille, courier and possible translation costs	Fees depend on the country and method of authentication

A quote based on a percentage of the contract price is not automatically unlawful, particularly when it includes legal review, drafting, negotiations or substantial professional responsibility. However, Republic Act No. 12009, its Implementing Rules and Regulations, and the GPPB contract form do not impose a percentage-based notarial fee on the winning bidder. A contractor should therefore ask why a fee is being computed as a percentage and whether the amount covers services beyond notarization.

What Is a “Bidding Contract” for Notarial Purposes?

In government procurement, the contract is the agreement executed after the procuring entity awards the project to the successful supplier, contractor or consultant.

The current Government Procurement Policy Board contract form covers procurement of:

Goods and related services
Infrastructure projects
Consulting services

The form identifies the procuring entity and the winning bidder, states the contract price, incorporates the bidding documents and winning bid, and contains an acknowledgment to be completed by a notary public. The acknowledgment states that the authorized representatives personally appeared, proved their identities, and confirmed that they voluntarily executed the contract.

The contract form is different from documents submitted during bidding, such as the Omnibus Sworn Statement or Bid Securing Declaration. Those documents normally use a jurat, in which the affiant signs and swears to the truth of the document before the notary.

Legal Basis for Notarizing Government Procurement Contracts

Republic Act No. 12009 and the GPPB standard forms

Republic Act No. 12009, the New Government Procurement Act of 2024, now provides the main legal framework for Philippine government procurement. Its IRR was approved in 2025, followed by updated standard forms for goods, infrastructure projects and consulting services. The GPPB approved mandatory standard procurement forms to promote uniformity and compliance among procuring entities. (GPPB-TSO)

The current standard Contract Form:

Is not ordinarily submitted with the bid;
Is completed after the bidder receives the Notice of Award;
Must be signed by the Head of the Procuring Entity or authorized representative and the winning bidder’s authorized signatory; and
Contains a formal notarial acknowledgment.

The winning bidder generally has 10 calendar days from receipt of the Notice of Award to post the required performance security, sign and date the contract, and return it to the procuring entity. (GPPB-TSO)

This short deadline is why bidders should identify their signatory, corporate authorization and notary before the award is issued.

The 2004 Rules on Notarial Practice

Notarization is governed principally by Supreme Court A.M. No. 02-8-13-SC, or the 2004 Rules on Notarial Practice, as amended.

Rule V provides that a notary may charge the fee prescribed or allowed under the applicable rules, unless the fee is waived. A charging notary must:

Issue a receipt registered with the Bureau of Internal Revenue;
Record the amount in the journal of notarial fees; and
Display a complete schedule of chargeable notarial fees in the office.

The rules themselves do not state that every procurement contract must be charged at 1%, 2% or any other percentage of the contract price.

A March 4, 2025 amendment also expressly prohibits notaries from charging a separate fee for digitizing, transmitting, storing, disposing of or otherwise processing the electronic copy that the notary must submit or retain under the amended rules.

Civil Code and evidentiary effect

Article 1356 of the Civil Code states that contracts are generally obligatory regardless of form, provided their essential legal requirements are present. Article 1358 identifies transactions that should appear in a public document for convenience, efficacy or registration. (Lawphil)

Under Section 19, Rule 132 of the Rules of Court, a document properly acknowledged before a notary public is classified as a public document. (Lawphil)

In Tigno v. Spouses Aquino, the Supreme Court explained that proper notarization converts a private document into a public document and gives it stronger evidentiary standing. Defective notarization may reduce the document to the status of a private document, even when the underlying agreement remains valid between the parties. (Lawphil)

For a government procurement contract, however, failure to follow the required execution and notarization process may also create a procurement-compliance problem, even if ordinary civil-law principles would otherwise recognize the agreement.

Which Bidding Documents May Require Notarization?

Do not assume that only the final contract must be notarized. Depending on the bidding documents and the form of bid security selected, several documents may require separate notarial acts.

Document	Usual notarial form	When normally submitted
Omnibus Sworn Statement	Jurat	With the bid
Special Power of Attorney for the bidder’s representative	Usually acknowledgment	With the bid or as required
Secretary’s Certificate or board/partnership resolution	Depends on the document and agency instructions	With the bid or during post-qualification
Bid Securing Declaration, if selected as bid security	Jurat	With the bid
Performance Securing Declaration, when permitted	Jurat	After the Notice of Award and before contract signing
Final procurement contract	Acknowledgment	After the Notice of Award

The current Omnibus Sworn Statement requires the affiant to identify the bidder, confirm authority to submit the bid and execute the ensuing contract, certify the authenticity of bidding documents, disclose beneficial ownership information where applicable, and make other sworn procurement declarations. Its standard form includes a jurat.

The current Bid Securing Declaration and Performance Securing Declaration also contain jurats requiring personal appearance and competent evidence of identity.

Because each instrument may be a separate notarial act, ask for a package quotation covering all documents—not simply “the bidding contract.”

What Should Be Included in a Proper Notarial-Fee Quotation?

Before agreeing to the charge, request a written breakdown covering:

The notarial fee itself. Ask whether the fee is for one acknowledgment, each original set or the entire signing transaction.
Number of documents. An Omnibus Sworn Statement, SPA, Bid Securing Declaration and final contract are separate instruments even when they concern the same project.
Number of original sets. Government contracts commonly require several signed originals for the procuring entity, end-user office, accounting unit, contractor and records.
Length and annexes. Confirm whether the page count includes technical specifications, bills of quantities, schedules, plans and other incorporated documents.
Legal review or drafting. A notary is not required to provide free contract review. Any drafting, correction or legal opinion should be identified as a separate professional service.
Printing and physical reproduction. Legitimate printing or photocopying costs may be separately stated. A notary may not add a “digital processing,” “scanning compliance” or “electronic filing” charge for the notary’s mandatory digitization duties under the 2025 amendment.
Travel expenses. If the signing will occur outside the notary’s regular office, the travel fee should be agreed upon in advance.
Taxes and receipt. Request a proper BIR-registered receipt stating the service and amount paid.

A vague quotation such as “1% notarial fee” should prompt follow-up questions. Ask whether it includes legal review, preparation of resolutions, coordination with the agency, several documents or multiple signing sessions.

Step-by-Step Process for Notarizing the Contract

Review the Notice of Award and bidding documents immediately. Check the Instructions to Bidders, Bid Data Sheet, Special Conditions of Contract and agency-specific forms. Some procuring entities expressly state that the contractor must shoulder the notarial fee. A 2026 LRTA bidding document, for example, placed the notarial cost on the contractor, while another procuring entity specified a nominal ₱100 contract-notarization amount. These examples show why the project documents—not assumptions—control the parties’ practical arrangement. (COWD)
Confirm the agency’s required contract form. Do not substitute an old RA 9184 template or a private contract format without the BAC Secretariat’s approval.
Confirm who is authorized to sign. The signatory should be the person named in the SPA, secretary’s certificate, board resolution or partnership authorization already submitted with the bid.
Complete all blanks before notarization. Insert the final contract price, dates, party names, addresses, positions, project identification number, number of pages and identifying documents. A notary may not notarize a blank or incomplete instrument.
Prepare sufficient original sets. Ask the BAC Secretariat how many originals it requires and ask the notary whether an additional original must be left for the notarial record.
Arrange the appearance of both authorized signatories. The government representative and bidder’s representative whose acts are being acknowledged should personally appear before the notary, unless a valid electronic-notarization procedure is being used.
Bring current government-issued identification. Competent evidence of identity ordinarily means at least one current official identification document bearing the person’s photograph and signature.
Bring proof of signing authority. The notary may request the original or certified corporate authorization, government delegation order, SPA, secretary’s certificate or board resolution.
Check the completed acknowledgment. Verify the city or province, signing date, page count, ID details, notarial commission information, document number, page number, book number and series.
Obtain the receipt and return the documents promptly. Do not allow fee negotiations or missing signatures to consume the 10-calendar-day contract-signing period.

Who Normally Pays the Notarial Fee?

The winning bidder often pays because the agency’s bidding documents or Notice of Award place contract-execution expenses on the contractor. But this is not an absolute statutory rule.

Possible arrangements include:

The bidder pays a private notary directly;
The bidder remits a specific nominal amount to an agency-arranged notary;
The procuring entity shoulders the expense;
An authorized in-house or government notary performs the act without charging the bidder; or
The parties divide expenses according to the bidding documents.

Review the project documents before pricing the bid. A bidder generally cannot increase the awarded contract price simply because it failed to anticipate notarization, printing, bonds or other contract-execution expenses.

Common Problems That Cause Delays or Rejection

The contract is notarized before it is final

Do not notarize a draft with blank dates, an unconfirmed contract price or incomplete annexes. Any material changes after notarization may require re-execution and a new acknowledgment.

The wrong person signs

A sales manager, liaison officer or employee cannot automatically bind a corporation. The authority must match the SPA, secretary’s certificate, board resolution or other document submitted to the procuring entity.

The signatory does not appear before the notary

Sending an already signed document through a messenger is not valid personal appearance. The notary must verify identity, authority and voluntary execution. The Supreme Court repeatedly treats notarization as an act involving substantive public interest, not a routine stamping service. (Lawphil)

The notary has no valid commission or acts outside the proper territory

Not every lawyer is a commissioned notary. A traditional paper notary ordinarily performs notarial acts within the territorial jurisdiction of the commissioning court. The contract should show a current commission number and validity period.

The notary charges separately for mandatory scanning

The 2025 amendment prohibits fees for digitizing, transmitting, storing or processing copies required under the amended notarial rules. A separately itemized “digitization compliance fee” should be questioned. (Supreme Court of the Philippines)

The bidder confuses notarization with documentary stamp tax

Notarization does not automatically create a fixed documentary stamp tax for every procurement contract. Documentary stamp tax depends on the nature of the instrument under the National Internal Revenue Code. Ask for the legal basis when “doc stamp” appears as a separate item.

The notary is connected with the procurement process

The GPPB has advised that it is not advisable for the head of the BAC Secretariat to be the same notary who notarizes the ensuing contract, because procurement documents and their execution should be protected from questions about independence and regularity. (GPPB-TSO)

Foreign Bidders and Signatories Outside the Philippines

A foreign bidder should coordinate early with the BAC Secretariat because foreign corporate documents, authority to sign and eligibility requirements may need additional verification.

Where applicable, the current procurement rules may require the SEC Certificate of Registration of a foreign corporation or consulting firm, as well as licenses from the appropriate Philippine government or professional regulatory body, before award or contract execution. (GPPB-TSO)

When the authorized signatory is abroad, possible approaches include:

Signing before a notary in the foreign country and obtaining an apostille if the country is a party to the Apostille Convention;
Following consular authentication procedures when an apostille is unavailable; or
Using a duly commissioned Philippine Electronic Notary Public where the system and procuring entity permit it.

The Supreme Court has recognized that a foreign-notarized document may be used in the Philippines when accompanied by the required apostille issued by the competent authority of the country of origin. (Supreme Court of the Philippines)

Under the 2025 Rules on Electronic Notarization, a principal abroad may use remote electronic notarization only under specific conditions. The principal must be within the premises of a Philippine embassy, consular office or office of a Philippine honorary consul, and an authorized foreign-post officer must confirm the principal’s presence. Availability should be verified before relying on this route for a time-sensitive contract. (Supreme Court of the Philippines)

Frequently Asked Questions

Is the notarial fee for a bidding contract always 1% of the contract price?

No. Neither RA 12009 nor the current GPPB Contract Form establishes a mandatory 1% fee. Ask whether a percentage quotation includes drafting, review or other legal services.

How much should a small supplier set aside?

For planning purposes, around ₱500 to ₱2,000 is a reasonable allowance for a straightforward, in-office acknowledgment of one contract set. The actual charge may be lower when the agency arranges notarization or higher when there are several documents, originals, signatories or legal-review requirements.

Must the contract be notarized before submitting the bid?

Ordinarily, no. The current GPPB Contract Form states that it is not required with the bid and is submitted after the bidder receives the Notice of Award. The Omnibus Sworn Statement and other bid documents may already require notarization during bid submission.

Can the procuring entity require the winning bidder to pay the fee?

Yes, when the bidding documents, Special Conditions of Contract or Notice of Award place the expense on the contractor. Read the project-specific documents because agency arrangements differ.

Can a lawyer charge separately for reviewing the contract?

Yes. Contract review, drafting and correction are professional legal services distinct from the notarial act. The quotation should identify them separately.

Can the contract be notarized without the government signatory appearing?

A paper acknowledgment normally requires the persons whose acts are being acknowledged to appear before the notary. Do not rely on a couriered signature page or a claim that the notary “already knows” the signatory.

Is a photocopy of an ID enough?

The notary will usually require presentation of a current original government-issued ID bearing the signatory’s photograph and signature, together with any copies required for the notarial record.

Can the notary charge for scanning the contract?

No separate charge may be imposed for digitizing, transmitting, storing or processing the copies that the notary is required to handle under the March 2025 amendment to the Notarial Rules.

Does defective notarization automatically cancel the contract?

Not necessarily. Under ordinary civil-law principles, defective notarization may reduce the document from a public document to a private one without automatically destroying an otherwise valid agreement. In government procurement, however, defective execution may prevent approval, delay the Notice to Proceed or constitute noncompliance with award requirements.

Can a foreign company representative sign abroad?

Potentially, but the procuring entity should approve the procedure. The document may require foreign notarization and apostille or authentication, or a compliant electronic-notarization process involving a Philippine foreign-service post.

Key Takeaways

There is no mandatory nationwide 1% notarial fee for government bidding contracts.
A practical allowance for simple in-office notarization is around ₱500 to ₱2,000, but the actual lawful quote may be lower or higher.
Check the bidding documents and Notice of Award because some agencies specify who pays and may even state a nominal fixed fee.
Separate pure notarization from drafting, legal review, printing, travel, apostille and other services.
The final contract is ordinarily signed and returned within 10 calendar days from receipt of the Notice of Award.
Bring the complete contract, sufficient original sets, current government IDs and proof of signing authority.
Personal appearance is generally required; messenger-based or “stamp-only” notarization is unsafe.
A notary must issue a BIR-registered receipt and display the applicable fee schedule.
No separate fee may be charged for the notary’s mandatory digitization or electronic transmission of the document.