How Much Is the Notarization Fee for an Affidavit of Non-Employment in the Philippines?

Introduction

In the Philippines, affidavits serve as crucial legal documents for various purposes, including declarations of facts under oath. One specific type is the Affidavit of Non-Employment, which is commonly required for applications such as visa processing, loan approvals, or government clearances where an individual must attest to their lack of current employment or income from work. Notarization is essential to validate such affidavits, transforming them into sworn statements admissible in courts or administrative proceedings. This article explores the notarization fees associated with an Affidavit of Non-Employment, drawing from Philippine legal frameworks, including the 2004 Rules on Notarial Practice (as amended) and relevant revenue regulations. It covers the standard fees, influencing factors, additional costs, and practical considerations to provide a comprehensive guide for individuals seeking this service.

Understanding the Affidavit of Non-Employment

An Affidavit of Non-Employment is a sworn statement wherein the affiant declares that they are not currently employed, either formally or informally, and may include details such as the duration of unemployment or reasons for it. This document is often mandated by entities like embassies for tourist visa applications (e.g., Schengen or US visas), banks for financial affidavits, or government agencies like the Social Security System (SSS) or the Bureau of Internal Revenue (BIR) for tax or benefit claims.

The affidavit typically includes:

The affiant's personal details (name, age, address, civil status).
A clear statement of non-employment.
Supporting facts, if any (e.g., last employment date).
A jurat or acknowledgment clause.

Under Philippine law, specifically Rule 132, Section 26 of the Rules of Court, affidavits must be subscribed and sworn to before a notary public or other authorized officer to ensure authenticity and prevent perjury. Without notarization, the document holds no legal weight and could lead to rejection in official processes.

The Notarization Process for Affidavits

Notarization in the Philippines is governed by A.M. No. 02-8-13-SC, the 2004 Rules on Notarial Practice, as amended by subsequent Supreme Court resolutions. Notaries public, who are typically lawyers commissioned by the Supreme Court, perform this function. The process for notarizing an Affidavit of Non-Employment involves:

Drafting the Document: The affiant prepares or has a lawyer draft the affidavit. Templates are widely available online or from legal aid offices, but customization is recommended to fit specific requirements.
Personal Appearance: The affiant must appear personally before the notary, presenting valid identification (e.g., passport, driver's license, or government-issued ID compliant with Republic Act No. 11032, the Ease of Doing Business Act).
Swearing or Affirming: The notary administers an oath or affirmation, ensuring the affiant understands the contents and signs voluntarily.
Notarial Seal and Signature: The notary affixes their signature, seal, and notarial details, including the document's serial number in their notarial register.
Payment of Fees: Fees are collected at this stage, along with any applicable taxes.

Notarization can occur at private law offices, public attorney's offices (for indigent clients under Republic Act No. 9406), or even mobile notaries, though the latter may incur extra charges.

Standard Notarization Fees

The Supreme Court regulates notarial fees to prevent overcharging, as outlined in Section 1 of the 2004 Rules on Notarial Practice. For affidavits, including the Affidavit of Non-Employment, fees are not fixed by law but must be "reasonable" based on the document's complexity, the notary's location, and prevailing practices. However, common standards include:

Basic Fee for Acknowledgment or Jurat: Typically ranges from PHP 50 to PHP 200 per document. For a simple one-page Affidavit of Non-Employment, the fee is often PHP 100.
Per Page or Additional Elements: If the affidavit exceeds one page or includes exhibits (e.g., attachments like resumes or certificates), an additional PHP 20 to PHP 50 per page may apply.

In urban areas like Metro Manila, fees tend to be higher (PHP 150–300) due to operational costs, while in provinces, they may be lower (PHP 50–150). The Supreme Court has emphasized that notaries should not charge exorbitant amounts, and violations can lead to disbarment or suspension under the Code of Professional Responsibility and Accountability (A.C. No. 12778).

For comparison:

Simple affidavits (e.g., loss of documents): PHP 100–150.
More complex ones (e.g., with multiple affiants): PHP 200–500.

Public notaries at government offices, such as the Public Attorney's Office (PAO), may offer free or subsidized services for qualified low-income individuals, as per the PAO's mandate.

Additional Costs and Taxes

Beyond the notary's fee, several ancillary costs may apply:

Documentary Stamp Tax (DST): Under Section 188 of the National Internal Revenue Code (NIRC), as amended by Republic Act No. 10963 (TRAIN Law), affidavits are subject to a DST of PHP 30 per document if they are used for official purposes. This tax is affixed as a stamp by the notary or BIR and is mandatory for validity.
Copying and Printing: If the notary provides drafting or printing services, expect PHP 10–50 per page.
Travel or Mobile Notary Fees: For house calls, additional charges of PHP 200–500 plus transportation may be imposed, justified under the rules for "extraordinary services."
Value-Added Tax (VAT): Notaries who are VAT-registered (gross receipts exceeding PHP 3 million annually) may add 12% VAT, though most small-scale notaries are exempt.

Failure to pay DST can render the document unenforceable under Section 201 of the NIRC, potentially leading to penalties.

Factors Influencing Fees

Several variables can affect the total cost:

Location and Notary Type: Fees in cities like Quezon City or Makati are higher than in rural areas. Private notaries charge more than public ones.
Urgency: Rush services (e.g., same-day notarization) may incur a premium of 20–50%.
Document Complexity: If the affidavit requires legal review or includes sensitive information (e.g., for international use), fees could increase to PHP 300–500.
Volume: Bulk notarizations (e.g., multiple affidavits) might qualify for discounts.
Regulatory Changes: Fees can be adjusted by Supreme Court circulars. For instance, during the COVID-19 pandemic, remote online notarization (RON) was temporarily allowed under A.M. No. 20-07-04-SC, with fees similar to in-person but additional tech costs.

Notaries must display a schedule of fees in their offices, as required by the rules, to promote transparency.

Legal Implications and Best Practices

An improperly notarized affidavit can lead to legal issues, such as perjury charges under Article 183 of the Revised Penal Code, punishable by arresto mayor (1–6 months imprisonment). To avoid pitfalls:

Verify the notary's commission status via the Supreme Court's website or the Integrated Bar of the Philippines (IBP).
Ensure the affidavit complies with formal requirements (e.g., community tax certificate or cedula presentation).
For international use, consider apostille certification under the Apostille Convention (via the Department of Foreign Affairs), which adds PHP 100–300 in fees.

Individuals should shop around for notaries but prioritize those with good reputations to ensure document integrity.

Conclusion

The notarization fee for an Affidavit of Non-Employment in the Philippines typically falls between PHP 50 and PHP 300, with PHP 100 being a common amount for straightforward cases, plus PHP 30 for DST. While not fixed, these fees are regulated to ensure accessibility and fairness. Understanding the process, additional costs, and influencing factors empowers individuals to navigate this legal requirement efficiently. For personalized advice, consulting a licensed attorney is recommended, as this article provides general information based on established Philippine legal principles.