How to Get a Document Notarized in the Philippines (Requirements & Fees)

Introduction

Notarization is a critical legal process in the Philippines that authenticates documents, ensuring their validity and preventing fraud. Governed primarily by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended, notarization involves a notary public—a commissioned lawyer—verifying the identity of signatories, witnessing signatures, and affixing an official seal. This process is essential for various legal instruments, such as affidavits, deeds, contracts, and powers of attorney, to make them admissible in court or acceptable to government agencies.

In the Philippine context, notarization upholds the integrity of legal transactions under the Civil Code and related laws. It is mandatory for documents intended for recording in public registries, like the Register of Deeds, or for use in judicial proceedings. Failure to notarize when required can render a document void or unenforceable. This article covers the entire process, requirements, fees, locations, special considerations, and potential pitfalls, providing a thorough resource for individuals, businesses, and legal practitioners.

Understanding Notarization: Types and Purposes

Notarization in the Philippines serves to certify the authenticity of signatures and the voluntary execution of documents. There are two primary types of notarial acts:

1. Acknowledgment: This certifies that the signatory personally appeared before the notary, was identified, and acknowledged that the signature on the document is their own free act and deed. It is commonly used for deeds of sale, mortgages, and contracts. Under Rule II, Section 1 of the Notarial Rules, acknowledgment ensures the document's execution is voluntary and not under duress.

2. Jurat (or Oath/Affirmation): This involves the signatory swearing or affirming the truthfulness of the document's contents before the notary. It is typical for affidavits, sworn statements, and verifications. The notary administers an oath, and the signatory must sign in the notary's presence.

Other notarial acts include copy certifications (certifying true copies of originals), signature witnessing, and protests for negotiable instruments under the Negotiable Instruments Law (Act No. 2031).

The purpose extends beyond authentication: notarized documents enjoy a presumption of regularity under Rule 132, Section 23 of the Rules of Court, making them prima facie evidence in legal disputes. For international use, notarized documents may require further authentication via apostille (under the Apostille Convention, effective in the Philippines since May 14, 2019) or consular legalization.

Step-by-Step Process to Get a Document Notarized

The notarization process is straightforward but requires strict compliance with procedural rules. Here's a detailed breakdown:

1. Prepare the Document:

   • Draft or obtain the document needing notarization. Ensure it is complete, accurate, and printed on legal-sized paper (8.5 x 13 inches) if required by the notary or agency.
   • Include all necessary details, such as names, addresses, dates, and signatures (except for the signatory's, which must be affixed in the notary's presence for jurats).
   • For multiple signatories, all must appear personally unless a representative is authorized via a special power of attorney.
   • Attach annexes or exhibits if applicable, and ensure the document complies with substantive laws (e.g., for real estate, under the Property Registration Decree, Presidential Decree No. 1529).

2. Gather Required Identification and Supporting Documents:

   • Present at least one valid government-issued ID with photo and signature (e.g., passport, driver's license, SSS ID, Voter's ID, or PRC ID). For foreigners, a passport and Alien Certificate of Registration (ACR) may be needed.
   • If the signatory is a representative (e.g., for a corporation), provide proof of authority, such as a board resolution or secretary's certificate.
   • For specific documents, additional requirements apply: e.g., for adoption affidavits, birth certificates; for deeds involving land, tax declarations and titles.

3. Locate a Notary Public:

   • Notaries are commissioned by the Supreme Court through the Integrated Bar of the Philippines (IBP) chapters. Search for one via IBP directories, law firms, or government offices.
   • Common locations include private law offices, banks (some offer in-house notaries for clients), courts (clerk of court may notarize certain documents), and Philippine consulates/embassies abroad for overseas Filipinos.

4. Personal Appearance and Execution:

   • Appear before the notary during office hours (typically weekdays, 8 AM to 5 PM; some offer extended hours or mobile services).
   • The notary will verify your identity, assess your competence (e.g., of legal age, sound mind), and ensure no undue influence.
   • Sign the document in the notary's presence (mandatory for jurats; optional for acknowledgments if already signed).
   • The notary will then sign, affix their seal, and record the act in their notarial register, assigning a unique serial number.

5. Pay Fees and Receive the Notarized Document:

   • Settle the notarial fees (detailed below).
   • Obtain the original notarized document, plus copies if requested. The notary retains a copy in their records for at least two years.

6. Post-Notarization Steps:

   • If for public recording, submit to the appropriate agency (e.g., Register of Deeds for real property documents).
   • For international use, obtain an apostille from the Department of Foreign Affairs (DFA) in Manila or regional offices, or authentication if the destination country is not a Hague Apostille Convention member.

The entire process can take 15 minutes to an hour, depending on complexity and queue.

Requirements for Notarization

Compliance with requirements is non-negotiable to avoid invalidation. Key elements include:

• Personal Appearance: Rule IV, Section 2 mandates that the signatory must physically appear before the notary. No remote or online notarization is allowed under current rules, though discussions on electronic notarization persist post-COVID.

• Competence and Capacity: Signatories must be at least 18 years old (or emancipated minors), of sound mind, and not under guardianship. For juridical persons, the representative must have proper authorization.

• Identification: At least one current, government-issued ID. If ID is insufficient, two witnesses known to the notary may vouch for identity (Rule IV, Section 12).

• Document Integrity: The document must be in a language understood by the signatory. If in a foreign language, a certified translation may be required.

• Witnesses: For certain acts like wills (under Article 805 of the Civil Code), three attesting witnesses are needed, and the notary cannot serve as one.

• Special Requirements by Document Type:

  • Affidavits: Must state facts personally known to the affiant.
  • Deeds of Sale: Include consideration amount, property description, and tax payments.
  • Powers of Attorney: Specify powers granted; if for real estate, must be notarized and sometimes registered.
  • For Minors or Incapacitated: Guardian or parent must consent.

Non-compliance can lead to the notary's suspension or disbarment, and the document's nullity.

Fees for Notarization

Notarial fees are regulated by the Supreme Court to prevent overcharging. Under A.M. No. 02-8-13-SC, as amended by A.M. No. 08-1-01-SC (2008) and subsequent resolutions, fees are based on the document's value or type:

• Basic Fees:

  • Acknowledgment: PHP 50–100 per signature.
  • Jurat: PHP 50–100 per document.
  • Copy Certification: PHP 50 per page.

• Value-Based Fees (for documents with economic value, like contracts):

  • Up to PHP 500: PHP 10.
  • PHP 501–5,000: PHP 50.
  • PHP 5,001–50,000: PHP 100.
  • PHP 50,001–500,000: PHP 200.
  • Over PHP 500,000: 0.5% of the value, capped at PHP 100,000.

• Additional Charges:

  • Travel fees for mobile notaries: PHP 100–500, plus transportation.
  • Urgent or after-hours services: Up to 50% surcharge.
  • For documents requiring oaths in court: Free if done by clerk of court.

• Prohibitions: Notaries cannot charge for government-related documents if exempted (e.g., indigents' affidavits). Overcharging is grounds for administrative sanctions.

Fees may vary slightly by region or notary, but must not exceed guidelines. Always request a receipt.

Locations and Accessibility

Notaries are ubiquitous in urban areas like Metro Manila, Cebu, and Davao. Key places:

• Law Firms: Most accessible; many offer walk-in services.
• Government Offices: Local government units (LGUs), courts, and agencies like the Bureau of Internal Revenue (BIR) may have notaries for specific purposes.
• Banks and Financial Institutions: For loan documents or client services.
• Overseas: Philippine embassies/consulates provide notarial services for OFWs, with fees in local currency equivalent.
• Mobile Notaries: Available for home or office visits, especially for the elderly or disabled, under Rule III, Section 3.

In rural areas, access may be limited; check IBP chapters for listings.

Special Considerations and Exceptions

• Electronic Documents: While traditional notarization is paper-based, the Electronic Commerce Act (Republic Act No. 8792) allows electronic signatures, but full electronic notarization is not yet implemented.
• For Foreigners: Must comply with immigration laws; documents may need DFA authentication.
• During Emergencies: Supreme Court circulars (e.g., during pandemics) may allow temporary modifications, like extended commissions.
• Invalidation Risks: Documents can be contested if notarized improperly (e.g., forged signatures), leading to civil or criminal liability under the Revised Penal Code (e.g., falsification, Articles 171–172).
• Notary's Responsibilities: Maintain a notarial register, report monthly to the Executive Judge, and renew commission every two years.

Common Pitfalls and Tips

• Avoid "Notary Mills": Some unauthorized persons pose as notaries; verify commission via IBP or Supreme Court website.
• Double-Check Details: Errors in documents post-notarization require a new execution.
• Plan Ahead: Peak times (e.g., tax season) cause delays.
• Cost-Saving: Bundle multiple documents to minimize fees.
• Legal Advice: Notaries cannot provide advice; consult a lawyer separately.
• Penalties: Unauthorized notarization is punishable by fines up to PHP 500,000 or imprisonment.

Conclusion

Notarization in the Philippines is an indispensable safeguard for legal documents, blending procedural rigor with accessibility. By understanding the process, requirements, and fees, individuals can navigate it efficiently, ensuring their transactions are secure and enforceable. For complex cases, engaging a legal professional is advisable to tailor the process to specific needs. This framework, rooted in Philippine jurisprudence, underscores the system's role in promoting justice and trust in legal affairs.