How to Obtain Copies of Notarized Documents When the Notary Has Died (Philippine Context)
Notarized instruments in the Philippines are public documents once acknowledged before a duly commissioned notary public. The notary’s later death does not invalidate the act already performed. It does, however, raise a practical question: where do you get certified copies now? This article walks you through the governing rules, where the records live, how to request copies (including for apostille), fees you should expect, and what to do if the record can’t be found.
Quick answer (TL;DR)
- Start with the Office of the Clerk of Court (OCC), Regional Trial Court (RTC) that issued the notary’s commission in the city/province where the document was notarized. Ask the Notarial Section for a certified copy from the notary’s records or register.
- If the document was registered elsewhere (e.g., Registry of Deeds, LRA for annotations, SEC, DTI, LTO, or a court record), request a certified copy from that custodian agency.
- If no official copy exists, use secondary evidence (duplicate originals, photocopies, register entries, witness testimony) under the Rules on Evidence to prove contents and execution.
- For apostille, first obtain a CTC (certified true copy) from the proper custodian (usually the OCC), then have the DFA apostille that CTC.
Legal framework & custodianship
Notarial practice (Rules on Notarial Practice):
- Notaries must keep a Notarial Register and retain copies of notarized instruments (often called “notarial records”).
- They must periodically submit entries/duplicates to the OCC, RTC and, upon expiration, resignation, suspension, or death, their notarial records are surrendered to the OCC for safekeeping.
Public access: Notarial registers and attached copies are public records open to reasonable inspection, subject to administrative rules (ID, request letter, purpose, and data privacy safeguards).
Evidentiary status: A duly notarized instrument is a public document that proves its execution and the parties’ identities, unless overcome in proper proceedings.
Implication: When the notary has died, the OCC-RTC that supervised the commission becomes your default repository.
Where to request, by document type
A) Most private documents (Affidavits, SPAs, Deeds not registered elsewhere)
Primary custodian: OCC, RTC (Notarial Section) of the place where the notary was commissioned at the time of notarization.
What to request:
- Certified true copy (CTC) of the notarized instrument, or
- Certified extract/photocopy of the Notarial Register showing the entry (if the instrument copy is missing).
B) Real estate instruments
Deed of Sale / Donation / Extrajudicial Settlement / Real Estate Mortgage / Release of Mortgage
- If registered, the Registry of Deeds holds the original copy on file. Request a certified copy from the ROD (and, when relevant, from the LRA for title history/annotations).
- If not registered, fall back to OCC, RTC.
C) Chattel mortgages
- Registry of Deeds (chattel section) is the custodian if registered. Otherwise, OCC, RTC.
D) Corporate, partnership, and business filings
- SEC (corporate instruments filed/received by SEC).
- DTI (sole proprietorship filings).
- If not filed, OCC, RTC.
E) Court-related use
- If the notarized document was annexed to a court pleading, request the CTC from the court that heard the case (or from the archives if concluded/transmitted).
- Otherwise, OCC, RTC.
F) Driver, vehicle, or other agency transactions
- If the notarized paper was submitted to an agency (e.g., LTO, BI, DFA, SROs), that agency’s records division may have the filed copy. If not, OCC, RTC.
How to identify the right OCC (and file the request)
Read the acknowledgment block on any copy or scan you have. Note:
- Notary’s name
- Commission serial/expiry (if shown)
- Province/City of commission
- The Doc. No., Page No., Book No., Series of [Year]
Match location & year to the correct RTC (city/province) and go to the OCC, Notarial Section.
Prepare your request packet:
- Request letter stating the purpose (e.g., for property transfer, visa, lawsuit, estate settlement).
- Your ID (gov’t-issued). If you represent a party, add an SPA or board resolution.
- Document particulars: Parties’ names, title (e.g., “Deed of Absolute Sale”), Doc/Page/Book/Series, date of notarization, and notary’s name.
- Official fees (for search, certification, and copies). These follow judiciary fee schedules (expect per-page & certification fees).
Ask for:
- A certified true copy of the notarized instrument (preferable), or
- A certified copy of the notarial register entry if the instrument copy is missing.
- If you need it abroad, ask for a copy suitable for apostille (see below).
Tip: The more exact your Doc./Page/Book/Series data, the faster the search.
If the OCC cannot find the instrument
Don’t panic—there are multiple fallback routes:
Check other obvious custodians
- Registry of Deeds/LRA (if the instrument should have been registered).
- SEC/DTI (if the instrument relates to registration filings).
- Court (if attached to a case).
- Counterparties or their counsel (they may hold duplicate originals).
- Banks (for mortgages, releases, SPA used in loans).
Use the Notarial Register
- Even if the instrument copy is missing, the register entry (with Doc./Page/Book details, parties, nature of document, date, and signatories) can be obtained as a certified extract—valuable as secondary evidence.
Secondary evidence under the Rules on Evidence
If the original is lost and no certified copy is obtainable despite diligent search, you may present secondary evidence:
- Photocopies/scans, if authenticated;
- Testimony of a subscribing witness or a party;
- Certified register entries;
- Other corroborative records (e.g., tax declarations, bank/ROD files).
Lay the proper foundation for loss/unavailability and authenticity.
Re-execution / ratification (when appropriate)
- If all parties are available and cooperative, consider executing a replacement instrument (e.g., Affidavit of Re-execution/Confirmation or a new deed) and have it notarized.
- Where real property is involved and already transferred/encumbered, coordinate with the ROD to ensure continuity and avoid title issues.
Apostille (for use abroad)
Obtain a CTC from the correct custodian:
- OCC-RTC (Notarial Section) for most private notarized documents;
- Registry of Deeds or other agency if they hold the official copy.
Present that CTC to the DFA for apostille.
For documents destined for jurisdictions requiring translations or consular legalizations, follow that country’s additional steps after apostille.
Costs, timelines, and practical tips
Fees:
- Judiciary fees apply for OCC certifications and photocopies (per-page + certification).
- Agency fees apply at ROD/SEC/DTI/LTO, etc.
- DFA apostille fee is separate.
Processing time: Depends on the completeness of your details and volume at the office. Bringing Doc./Page/Book/Series and the exact date usually shortens the search.
Bring multiple IDs and, if acting for someone else, clear authority (SPA/board resolution + IDs).
Data privacy: Access is generally allowed because notarized documents are public records, but offices may limit bulk or sensitive requests or require proof of legitimate interest.
Common scenarios & solutions
You only know the notary’s name and the year.
- Visit or call the OCC-RTC for that city/province; provide the year and notary’s name; request a register search.
You have a photocopy without Doc./Page/Book/Series.
- The date, parties, and notary name may still suffice; the OCC can search by register date and document type.
Property was already transferred years ago.
- The ROD file often includes the deed submitted for registration; request a CTC from ROD (faster than OCC in many land cases).
The notary died mid-year; where are their records?
- OCC-RTC remains the custodian. Records are supposed to be surrendered/closed with that OCC upon the notary’s cessation/death.
Suspected irregular notarial act (forgery/fake commission).
- Request the register entry; if there is none, consider a nullity action or criminal/administrative remedies. The notary’s death does not insulate fraudulent acts from challenge.
Model request letter (you can adapt)
To: The Office of the Clerk of Court, Regional Trial Court – Notarial Section Re: Request for Certified Copy of Notarized Instrument
I, [Your Name], respectfully request a certified true copy of a notarized [Document Type, e.g., “Deed of Absolute Sale”] acknowledged before [Name of Notary Public], commissioned in [City/Province], on [Date].
Particulars (as stated in the acknowledgment):
- Doc. No.: ____ Page No.: ____ Book No.: ____ Series of: ____
- Parties: [Name v. Name]
The document is needed for [purpose, e.g., “land registration / apostille / court submission”]. I enclose a copy of my government ID and, if applicable, [SPA/board resolution] authorizing this request.
Kindly advise the fees due for search, reproduction, and certification.
[Signature / Contact details]
Checklist before you go
- Acknowledgment details: Notary name, place, Doc./Page/Book/Series, date
- Valid ID (and authorization docs if you represent someone)
- Purpose (e.g., apostille, registration, litigation)
- Cash for fees
- Any supporting copies (old scans, emails, titles, receipts)
FAQs
Does the document lose validity because the notary died? No. Validity is determined at the time of notarization. Death only affects custody of records, not the legal effect of the prior act.
Can I get a certified copy if I’m not a party? Generally yes, because notarized documents are public records. Offices may require a legitimate purpose and ID.
What if my purpose is time-sensitive (visa, closing)? Provide full particulars and say it’s urgent; consider checking both OCC and any receiving agency (e.g., ROD/SEC). If needed, ask about expedite options available under office policies.
Can the DFA apostille a photocopy? No. The DFA apostilles documents issued/CTC’d by the proper custodian (e.g., OCC, ROD). Get the CTC first, then apostille.
Bottom line
When a notary has passed away, the OCC-RTC Notarial Section that supervised the commission is your default source for certified copies and register extracts. If the document was filed/registered elsewhere, request from that agency’s records. When all else fails, Philippine rules of evidence let you prove the instrument via secondary evidence—especially with certified register entries and corroborating documents.