For a simple, ready-to-sign Affidavit of Termination, the basic notarial act ordinarily costs ₱100 under the Supreme Court’s notarial fee schedule. In actual practice, many Philippine notarial offices quote about ₱100 to ₱500 for a straightforward affidavit because the amount may include printing, photocopying, document checking, or a separately identified professional service. If a lawyer must draft, revise, or assess the legal effect of the affidavit, the total commonly rises to ₱1,000 to ₱5,000 or more, depending on complexity.
The document’s title does not determine the entire price. The real cost depends on whether the affidavit is already complete, how many people must sign, whether exhibits need to be reviewed, whether the notary must travel, and whether the termination involves a lease, employment relationship, agency, service contract, business arrangement, or another legal relationship.
Quick Answer: How Much Should You Budget?
| Situation | Reasonable amount to budget |
|---|---|
| Complete, uncomplicated affidavit; one signer; notarized at the notary’s office | ₱100–₱500 |
| Affidavit requiring minor corrections or formatting | ₱500–₱1,500 |
| Lawyer drafts and notarizes the affidavit | ₱1,000–₱5,000 or more |
| Complex contract termination with legal review and supporting documents | ₱3,000–₱10,000 or more |
| Notary travels to a hospital, detention facility, hotel, or other permitted location | Notarial fee plus pre-agreed travel expenses |
| Document signed abroad or intended for overseas use | Consular or foreign notarial fee plus possible apostille, authentication, courier, and translation costs |
These are budgeting estimates, not a single nationwide package price. The applicable Supreme Court schedule lists ₱100 for an oath or affirmation and certain sworn or acknowledged documents. However, legal drafting, contract review, consultations, printing, and other professional work may be charged separately. (Lawphil)
A quotation higher than ₱100 should therefore be clarified. Ask whether the amount covers only notarization or also includes drafting, review, additional originals, exhibits, travel, or other services. The notary should issue a receipt registered with the Bureau of Internal Revenue and maintain a posted fee schedule.
What Is an Affidavit of Termination?
An affidavit is a written statement of facts that the person signing it swears or affirms to be true. The person making the affidavit is called the affiant.
An Affidavit of Termination usually records facts relating to the ending of a legal relationship, authority, contract, account, or arrangement. It may be used in situations involving:
- Termination of a lease or service agreement
- Cancellation of an agency or authority
- Termination of a business arrangement
- Cessation of employment or engagement
- Closure of an account, membership, or benefit
- Termination of a contractor, supplier, or consultant
- Withdrawal from a transaction or organization
- Confirmation that a previous arrangement has ended
There is no single government-issued “Affidavit of Termination” form that fits every situation. Its wording must match the underlying legal relationship and the purpose for which it will be submitted.
For example, an affidavit concerning a residential lease may need to identify the property, lease agreement, termination clause, notice date, turnover date, unpaid obligations, and return of the security deposit. An affidavit concerning an employee’s dismissal may need entirely different facts, but it cannot replace the notices and procedures required by labor law.
Why an Affidavit Is Usually Notarized Through a Jurat
Most affidavits use a jurat. A jurat is the part of the notarization showing that:
- The affiant personally appeared before the notary.
- The notary verified the affiant’s identity.
- The affiant signed the document in the notary’s presence.
- The affiant swore or affirmed that the statements were true.
Under the Supreme Court’s 2004 Rules on Notarial Practice, the notary must require personal appearance and competent evidence of identity. A current government-issued identification document containing the person’s photograph and signature will ordinarily satisfy the identification requirement. Credible witnesses may be used only under the conditions stated in the Rules.
A notary should not notarize an affidavit when:
- The affiant is absent
- The document has blank material portions
- The affidavit is incomplete
- The notary cannot properly verify the signer’s identity
- The signer appears not to understand the document
- The signer is being forced or intimidated
- The notarial act would occur outside the notary’s authorized territorial jurisdiction, subject to limited permitted venues
These safeguards are important because notarization is not merely the placing of a seal on paper. It is an official act intended to deter fraud and confirm the identity and voluntary participation of the signer.
Official Notarial Fee Versus a Lawyer’s Professional Fee
The most common source of confusion is the difference between the notarial fee and the lawyer’s fee for preparing or reviewing the document.
Basic notarial act
For a standard affidavit requiring an oath or affirmation, the Supreme Court fee schedule lists a fee of ₱100. The 2004 Rules on Notarial Practice state that a notary may charge the maximum fee prescribed by the Supreme Court and may waive all or part of that fee. (Lawphil)
Drafting and legal review
Drafting an Affidavit of Termination is a separate professional service. A lawyer may need to:
- Read the original contract
- Identify the correct termination provision
- Determine whether a ground for termination exists
- Calculate a required notice period
- Review previous notices and communications
- Identify unpaid amounts or continuing obligations
- Prepare factual statements that can be supported by evidence
- Avoid wording that could amount to an admission, waiver, or defamatory accusation
- Attach and identify supporting documents
- Explain whether another notice, demand, board resolution, or government filing is required
A simple affidavit based on clear facts may take little time to prepare. A disputed termination involving a long contract, substantial money, property, employment, or possible litigation requires more careful work and will generally cost more.
Some local Integrated Bar of the Philippines chapters publish recommended minimum professional fees. Those schedules may influence what lawyers charge for document preparation, but a recommended professional fee for drafting or legal work should not be confused with the fee for the notarial act itself.
Printing, copies, and electronic processing
Reasonable printing or photocopying charges may be separately identified when the office actually provides those services. However, under the Supreme Court’s 2025 amendment to the notarial rules, a notary may not charge a client for the digitization, transmission, storage, disposal, processing, or related costs required for electronic submission of notarial records. A separate “scanning fee” or “digital upload fee” imposed merely to comply with that requirement should not be added to the client’s bill.
Travel expenses
A notary may charge travel expenses separately when the notary must go to an authorized location, provided the travel arrangement and amount are agreed upon before the trip. The Rules permit notarization outside the regular office only in specified circumstances and locations, such as certain hospitals, detention facilities, hotels, public offices, and convention venues.
Does Notarization Make the Termination Legally Effective?
Not necessarily.
Notarization confirms the notarial act, identity of the signer, and due execution of the document. It does not automatically prove that every factual statement is true, nor does it guarantee that the underlying contract or relationship has been validly terminated. The Supreme Court has emphasized that notarization generally supports the authenticity and due execution of a document, while the truth of its contents may still be challenged. (Supreme Court of the Philippines)
Whether the termination is effective depends on the law, the contract, and the steps actually taken.
Termination of a lease or private contract
Article 1159 of the Civil Code provides that contractual obligations have the force of law between the parties and must be complied with in good faith. A party seeking to terminate a contract should therefore examine provisions concerning:
- Permitted grounds for termination
- Advance notice period
- Required form of notice
- Address or email where notice must be sent
- Opportunity to cure or correct a breach
- Early-termination penalties
- Turnover of property
- Final billing and accounting
- Return or forfeiture of deposits
- Obligations that continue after termination
A notarized affidavit will not cure noncompliance with a contractual requirement. For instance, if a lease requires 30 days’ written notice sent to a specified address, merely signing an affidavit on the intended move-out date may not satisfy the lease.
The affidavit should normally supplement—not replace—the required notice of termination, demand letter, proof of delivery, turnover document, or settlement agreement.
Termination of employment
An employer generally cannot validly dismiss an employee merely by executing an Affidavit of Termination.
Under the Labor Code and Supreme Court doctrine, dismissal must be based on a valid just cause or authorized cause, and the employer must observe the applicable procedural requirements. Depending on the ground, these may include written notices, a meaningful opportunity to respond, payment of separation pay, and notice to the Department of Labor and Employment.
An affidavit may document an incident, abandonment, misconduct, service of notices, or another relevant fact. It does not substitute for the legally required dismissal process. (Lawphil)
Termination of authority or agency
When an affidavit concerns the revocation of authority, it may be necessary to notify the agent and third parties who previously relied on that authority.
For example, revoking a special power of attorney in an affidavit does not necessarily protect the principal from transactions with third parties who were not informed of the revocation. Depending on the situation, written notice, return of the original document, publication, registration, or notification to a bank, government office, developer, or property registry may also be necessary.
Corporate or organizational termination
If the affidavit is signed for a corporation, partnership, association, or condominium corporation, the signatory may need proof of authority, such as:
- Board resolution
- Secretary’s certificate
- Partnership resolution
- Special power of attorney
- Corporate identification and registration documents
A notary may refuse the transaction when the person signing on behalf of an entity cannot establish authority.
What Documents Should You Bring?
For an ordinary in-office notarization, prepare the following:
| Document or item | Why it is needed |
|---|---|
| Complete Affidavit of Termination | The notary cannot notarize a blank or materially incomplete document |
| Current government-issued ID with photo and signature | Establishes competent evidence of identity |
| Photocopy of the ID | Commonly retained with the notarial records |
| Original contract or agreement | Allows verification of relevant dates, parties, and termination terms |
| Termination notice or demand letter | Shows whether formal notice was given |
| Proof of delivery | May include a receiving copy, courier record, registered-mail receipt, or acknowledged email |
| Supporting records | Invoices, messages, incident reports, payment records, photographs, or turnover documents |
| Proof of authority | Needed when signing for a company, owner, principal, or organization |
| Additional original copies | Useful when several parties or offices require separately notarized originals |
Commonly accepted identification documents include a Philippine passport, driver’s license, Philippine Identification Card, Unified Multi-Purpose ID, Professional Regulation Commission ID, or another current official identification document containing the required photograph and signature.
Names should be consistent across the affidavit, identification card, contract, and supporting documents. A discrepancy involving a married name, middle name, suffix, spelling, or nationality may require additional proof.
Step-by-Step Process for Notarizing an Affidavit of Termination
Review the underlying agreement. Find the termination clause and note the permitted grounds, notice period, service requirements, penalties, and post-termination obligations.
Prepare the required notice first. When the contract requires a termination notice, demand, or notice to cure, complete that step in the required manner. Keep proof that it was sent and received.
Draft the affidavit using specific facts. Identify the parties, agreement, relevant dates, ground for termination, notices given, and present status. Avoid speculation or statements that cannot be supported.
Attach important documents. Contracts, notices, receipts, communications, and proof of service may be marked as annexes. Each annex should be clearly identified in the affidavit.
Leave the affidavit unsigned until you meet the notary. Because an affidavit normally requires a jurat, the affiant should sign in the notary’s presence.
Appear personally with valid identification. The notary will compare the identification document with the affiant and may ask basic questions to confirm identity, understanding, and willingness.
Take the oath or affirmation. The notary will administer an oath or affirmation that the statements in the affidavit are true.
Sign the affidavit and notarial register. The notary records the transaction in the official notarial register, including the document type, identity evidence, date, and fee charged.
Check the completed jurat. Before leaving, confirm that the notary’s signature, seal, commission details, document number, page number, book number, and series year are complete and legible.
Obtain a receipt and preserve the original. Keep the notarized original, official receipt, proof of service, and supporting records together. Submit copies only when the receiving office does not require the original.
A properly prepared affidavit can often be completed during one office visit. Delays usually arise from incomplete documents, invalid identification, name discrepancies, unavailable signers, unclear authority, or the need to review the underlying contract.
Common Problems That Increase the Cost or Delay the Process
The affidavit was downloaded from the internet
A generic template may omit crucial facts or use terms that do not match Philippine law or the actual contract. Correcting a defective template can cost more than preparing a concise, accurate affidavit from the beginning.
The signer already signed at home
For a jurat, the signature should be made in the notary’s presence. The notary may require a fresh unsigned copy to be printed and signed properly.
The ID is expired or the name does not match
An expired identification card or material name discrepancy may prevent notarization. Bring a second current ID and supporting records, such as a marriage certificate, birth certificate, or court order, when relevant.
The affidavit contains blank spaces
The notarial rules prohibit notarization of a blank or materially incomplete document. Insert “not applicable” where appropriate or remove unused provisions before signing.
The parties assume notarization serves as notice
A notarized affidavit kept in the signer’s possession does not notify the other party. Notice must be served in the manner required by the contract or applicable law.
Multiple people must sign
Every affiant whose statement is sworn must personally appear. One person cannot ordinarily appear and swear for another affiant.
The affidavit contains knowingly false statements
Knowingly making a false material statement under oath may constitute perjury under Article 183 of the Revised Penal Code, as amended by Republic Act No. 11594 of 2021. The risk is especially serious when the affidavit is intended for a court, government office, employer, bank, or commercial transaction. (Lawphil)
Signing While Abroad or Using the Affidavit Overseas
Affidavit signed outside the Philippines
A person abroad will commonly use one of these methods:
- Sign before a Philippine embassy or consulate authorized to perform notarial services; or
- Sign before a local foreign notary and obtain an apostille when the country is part of the Apostille Convention, subject to the requirements of the Philippine receiving office.
Consular fees vary by embassy or consulate and are usually collected in the local currency. Courier, translation, apostille, and document-handling expenses may be separate.
The receiving Philippine court, agency, bank, developer, or private organization may impose additional requirements, so its checklist should be verified before the document is executed.
Electronic or remote notarization
The Supreme Court’s electronic notarial framework permits electronic notarization through duly commissioned electronic notaries and approved processes. It does not mean that any lawyer may notarize an affidavit through an ordinary video call.
Traditional paper affidavits with wet signatures remain governed by the personal-appearance rules. For authorized remote electronic notarization involving a principal outside the Philippines, the official framework imposes specific requirements, including the principal’s physical presence within the premises of a Philippine embassy, consulate, or honorary consulate during the notarial act. (Supreme Court of the Philippines)
Philippine affidavit intended for use abroad
A receiving foreign authority may require a DFA apostille. For a privately executed document notarized in the Philippines, a Certificate of Authority for a Notarial Act, commonly called a CANA, may first be required from the appropriate Regional Trial Court before the Department of Foreign Affairs processes the apostille. A photocopy of the lawyer’s notarial commission is not a substitute for the CANA. (Supreme Court of the Philippines)
Lower-Cost or Free Assistance
Qualified indigent persons may seek assistance from the Public Attorney’s Office under Republic Act No. 9406. PAO services are subject to its indigency, merit, and case-coverage requirements. Its services may include legal counseling and preparation of affidavits connected with judicial or quasi-judicial matters, but it does not automatically handle every private commercial document. (pao.gov.ph)
Depending on the locality and purpose, assistance may also be available from:
- City or municipal legal offices
- Integrated Bar of the Philippines legal-aid programs
- Law-school legal clinics
- Government agencies handling the underlying matter
- Union or employee-assistance offices for labor concerns
Government offices may require their own affidavit format. Obtaining that form before paying for drafting can avoid duplication and unnecessary expense.
Frequently Asked Questions
How much is the notarial fee for an Affidavit of Termination in the Philippines?
The basic Supreme Court fee applicable to an oath or affirmation is ₱100. A straightforward walk-in transaction commonly costs about ₱100 to ₱500, while drafting, legal review, travel, and other separate services may increase the total.
Why is a lawyer charging ₱1,500 or more?
The quotation may include drafting, consultation, contract review, revisions, printing, or preparation of supporting documents—not only the notarial act. Request an itemized explanation and a receipt.
Can I prepare the affidavit myself and pay only for notarization?
Yes, provided the affidavit is complete, legally appropriate, and acceptable to the receiving party. The notary may refuse it if it is incomplete, contains improper statements, or does not match the transaction.
Do I need a lawyer to draft an Affidavit of Termination?
Not always. A simple factual affidavit may be prepared by the affiant. Legal drafting is more valuable when the termination is disputed, involves substantial money or property, affects employment, or may lead to litigation.
Can the notary charge a scanning or electronic-upload fee?
A notary may not charge the client for digitization, transmission, storage, disposal, processing, or associated costs required under the Supreme Court’s electronic-record rules. Actual separately requested printing or photocopying services may be treated differently.
Can I sign the affidavit before going to the notary?
For an affidavit using a jurat, it is best to leave it unsigned. The affiant must ordinarily sign in the notary’s presence and take an oath or affirmation.
Is one government ID enough?
One current official identification document with the required photograph and signature may be sufficient under the Rules. Bringing a second ID is practical when there is a name discrepancy, damaged card, unclear photograph, or uncertainty about acceptance.
Does a notarized affidavit automatically cancel my contract?
No. The termination must still comply with the contract and applicable law. Required notice, delivery, cure periods, penalties, turnover obligations, and government filings remain important.
Can someone else have my affidavit notarized for me?
No. The person making the sworn statements must personally appear before the notary. A representative may deliver or submit an already validly notarized document, but cannot take the oath for the affiant.
How many notarized originals should I obtain?
Prepare at least one original for submission and one for your records. More originals may be needed when separate copies must be given to the other party, a government office, a bank, a court, or another institution.
Key Takeaways
- The basic Supreme Court fee applicable to notarizing a simple affidavit through an oath or affirmation is ₱100.
- In practice, a ready-made Affidavit of Termination commonly costs ₱100 to ₱500 to notarize.
- Drafting and legal review are separate professional services and may bring the total to ₱1,000 to ₱5,000 or more.
- A notary cannot charge the client merely for required digitization, transmission, storage, or electronic processing of notarial records.
- The affiant must generally appear personally, present valid identification, sign before the notary, and take an oath or affirmation.
- Notarization confirms due execution; it does not automatically prove every statement or make a defective termination legally effective.
- Contractual notice provisions, labor-law procedures, proof of delivery, corporate authority, and post-termination obligations must still be followed.
- Documents signed abroad or intended for foreign use may require consular notarization, an apostille, a CANA, or other authentication steps.