(Real Property, Philippines)

Notarization is not just a formality in real estate transactions in the Philippines. For a deed of sale of land, a house and lot, or condominium, proper notarization is what transforms a private document into a public document, makes it registrable with the Register of Deeds, and gives it strong evidentiary weight in court.

This article explains, in practical but legally grounded terms, how to check if a deed of sale for real property was properly notarized under Philippine law.

I. Why Notarization Matters in Real Property Sales

For real property:

To register the sale and transfer the title, the Register of Deeds generally requires a notarized deed of sale.
A properly notarized deed becomes a public document, which:
- Enjoys the presumption of regularity and authenticity.
- Proves itself in court without needing the notary or signatories to testify, unless its due execution is specifically denied.
An improperly notarized deed may:
- Be treated only as a private document.
- Be refused registration by the Register of Deeds.
- Lead to disputes over ownership and even nullification of the title derived from it.

So checking the validity of notarization is not a mere technical concern—it directly affects who legally owns the property and how strong your proof of ownership is.

II. Legal Framework (Overview)

The main legal bases for notarization and its effects include:

Civil Code of the Philippines (requirements for contracts and public documents)
Property Registration Decree (P.D. No. 1529) (registration of dealings with titled property)
2004 Rules on Notarial Practice (RNP) and later amendments (requirements and procedures for notarization)
Rules of Court, especially on evidence (public vs. private documents)
Revised Penal Code and other special laws (falsification, illegal notarization, etc.)

You don’t need to memorize these laws, but it helps to know that there are specific rules on who may notarize, where, and how, and what a valid acknowledgment looks like.

III. When is Notarization Required for a Deed of Sale?

A sale of real property must generally be:

In writing, and
In a public instrument (i.e., notarized)

for purposes of:

Enforcing the contract against third persons, and
Registering the transaction with the Register of Deeds to transfer the title.

Between the parties themselves, a written private deed can still be valid as a contract of sale, but:

It is not registrable, and
It has weaker evidentiary value.

Hence, in practice, a deed of sale of land/condo should always be notarized.

IV. Elements of a Valid Notarization (Substance & Form)

To see if a deed of sale was properly notarized, you need to understand what a valid notarization generally requires.

1. A Duly Commissioned Notary Public

The notary must:

Be a lawyer in good standing (with some narrow exceptions historically, but modern rules require a lawyer).
Have a valid notarial commission issued by the proper Regional Trial Court (RTC).
Act within the territorial jurisdiction stated in the commission (e.g., a city or province).
Not be disqualified (e.g., not notarizing his/her own transaction, or one where the notary has a prohibited interest).

If the notary had no valid commission at the time the deed was notarized, the document is not considered properly notarized, no matter how nice the stamp looks.

2. Personal Appearance of the Parties

The parties who sign the deed (e.g., seller and buyer, or their authorized representatives):

Must appear personally before the notary at the time of notarization.
Must sign the document in the notary’s presence, or acknowledge that the signature on the document is theirs and that they executed it freely.

Notarization without personal appearance is a serious violation and can invalidate the notarization and expose the notary (and others) to administrative and even criminal liability.

3. Proper Identification of the Signatories

The notary must verify the identity of the signatories using competent evidence of identity, typically:

Government-issued IDs with photo and signature (passport, driver’s license, SSS/UMID, PRC ID, etc.), or
The sworn written statement of a credible witness known to the notary and the signatory (subject to strict conditions).

Merely relying on a community tax certificate (cedula) or a casual introduction is not enough under modern notarial rules.

4. Correct Type of Notarial Act: Acknowledgment vs. Jurat

For a deed of sale of real property, the usual notarial act is an acknowledgment, not a jurat.

Acknowledgment – the signatory acknowledges that they executed the instrument as their free act and deed (and, if applicable, as the act of the principal or corporation).
Jurat – used for documents where the person swears to the truth of the contents (affidavits, etc.), not typically for deeds of sale.

A deed of sale with a jurat instead of an acknowledgment may be questioned as improperly notarized for purposes of registration and evidentiary weight.

5. Proper Notarial Certificate (Acknowledgment Clause)

A valid acknowledgment must contain specific elements, commonly:

Venue: “Republic of the Philippines, City of ___ / Province of ___”
Date of notarization.
Notary’s designation: “Before me, a Notary Public for and in the [City/Province] of ___…”
Statement that the persons personally appeared before the notary.
Description of each signatory, including:
- Full name
- Government-issued ID details (type, number, date/place of issue)
Statement that the signatories are:
- The same persons who executed the instrument, and
- Acknowledged that it is their free and voluntary act and deed, and if applicable, the free act and deed of the entity they represent.
Reference to the document (title and brief description).
Notary’s signature over printed name.
Notarial details: Roll No., IBP No., PTR No., MCLE compliance, Office address, etc. (formats vary slightly, but these are commonly present).
Notarial registration details, usually at the bottom:
- Doc. No. __
- Page No. __
- Book No. __
- Series of 20__

Missing or obviously defective acknowledgment language can be a sign of invalid notarization.

6. Entry in the Notarial Register

The notary must record each notarization in a notarial register, including:

Date and time of notarization
Nature and title of the document (e.g., “Deed of Absolute Sale of Real Property”)
Names of parties
Type of notarial act (acknowledgment)
Details of the signatories’ IDs
Fees charged
Other details required by the Rules on Notarial Practice

Failure to record in the notarial register is a serious irregularity and may be ground to attack the notarization.

7. Notarial Seal

The notary must affix an official seal, usually an inked stamp or embossed seal containing:

Name of the notary
Words “Notary Public”
Territorial jurisdiction (City/Province)
Commission number or other identifying details

A deed of sale with no notarial seal, or with a plainly fake/irregular seal, is suspect.

V. Step-by-Step: How to Check a Deed of Sale’s Notarization on the Face of the Document

Here is a practical checklist you can use when examining the deed itself.

1. Check the Acknowledgment Portion

Look near the end of the deed for the acknowledgment (often on the last page):

Is there a proper heading like “ACKNOWLEDGMENT”?
Does it list:
- The venue (Republic of the Philippines, City/Province)?
- The date?
- The fact that the parties personally appeared?
- The full names of the signatories?
- Their government ID details?
- The statement that they acknowledged that the document is their free act and deed?

If the acknowledgment is missing, incomplete, or obviously generic with no names or IDs, this is a red flag.

2. Verify the Notary’s Details

Within or after the acknowledgment, check:

Name of the notary
Title “Notary Public”
Indication of the territorial jurisdiction (e.g., “for and in the City of Quezon”)
Notary’s:
- Roll No. (lawyer roll number)
- IBP No. and date/place
- PTR No. and date/place
- MCLE Compliance No. (for practicing lawyers)
- Office address

While formats differ, a real notary will have clear, complete details. Blurry, incomplete, or nonsensical numbers can be a sign of forgery.

3. Check the Notarial Register Information

Usually at the bottom of the acknowledgment you will see something like:

Doc. No. ___; Page No. ___; Book No. _; Series of 20.

Check that:

All blanks are filled in.
The year in “Series of 20__” is consistent with the date stated in the acknowledgment.
There are no obvious corrections or erasures.

4. Confirm the Notarial Seal

Look for the notarial seal near the notary’s signature:

Is there an ink stamp or embossed seal showing the notary’s name and “Notary Public”?
Does the jurisdiction indicated in the seal match the jurisdiction mentioned in the acknowledgment?
Is the seal clear enough to read, or at least recognizable as a typical notarial seal?

A purely printed “seal” that looks like ordinary text or a photocopied poorly made stamp may be questionable.

5. Check Signatures and Initials

The seller(s) and buyer(s) should have signed the deed (usually at the end and often on each page).
The notary’s signature should appear after the acknowledgment clause.
For illiterate or physically unable parties, there may be thumbmarks and witnesses; if that’s the case, make sure those are visible and properly placed.

Missing signatures or signatures obviously different from other documents of the same person could indicate problems.

6. Consistency of Dates and Places

The date of execution (in the body of the deed) and the date of acknowledgment should make sense together.
The place of execution and the jurisdiction of the notary should not be obviously inconsistent (e.g., a deed said to be executed in Davao City but notarized by a notary whose commission is only for Makati, on the same day, may raise questions—though not always conclusive).

VI. Verifying Beyond the Document: Government and Official Records

If you want to go beyond inspecting the paper and independently verify the notarization, these are common steps people take:

Note: Procedures can vary by locality and over time; always follow the current process of the relevant office.

1. Check the Notary’s Commission with the RTC / Office of the Executive Judge

Notaries are commissioned by the Regional Trial Court (RTC), usually through the Executive Judge.

You can verify:

Whether the notary named on the deed was:
- A commissioned notary,
- For the correct city/province, and
- During the period covering the date of notarization.

If the records show that the person was not commissioned at that time (or had an expired or revoked commission), the purported notarization is highly suspect.

2. Ask for an Entry or Certified Extract from the Notarial Register

The notarial register is kept by the notary, but copies or reports are submitted to the court. You may:

Request a copy or certification of the relevant notarial register entry (for the specific Doc./Page/Book/Series indicated on the deed), either:
- From the notary’s office, or
- From the RTC/office where notarial reports are filed, depending on local practice and rules.

If there is no record of the deed in the notarial register for the stated document number and date, that is a serious irregularity.

3. Coordinate with the Integrated Bar of the Philippines (IBP) or Local Bar

The IBP chapter in the locality may assist in confirming:

Whether the notary is a member in good standing.
Whether there are existing administrative cases or findings against the notary regarding improper notarization.

While this does not in itself prove or disprove a specific notarization, it can give context.

4. Register of Deeds (for Titled Property)

If the deed was used to transfer a title:

The Register of Deeds will have:
- The original Transfer Certificate of Title (TCT)/Condominium Certificate of Title (CCT),
- The annotated deed of sale or a reference to it in their records.

You can:

Request a Certified True Copy (CTC) of the title and,
If allowed, a copy of the deed or the entry relating to it.

If the Register of Deeds accepted the deed for registration, it usually means the notarization appears regular on its face, but it does not prove that the notarization was legally valid in every respect (e.g., personal appearance could still be questioned later).

VII. Common Irregularities and Red Flags

Here are some warning signs that a notarization may be defective or fraudulent:

Notary not found in RTC or IBP records as a commissioned notary for the relevant year and location.
Date mismatch:
- Deed dated one year, notarization dated another, with no plausible explanation.
- Deed said to be notarized on a date when the notary’s commission had not yet started or was already expired.
Document number issues:
- The same Doc./Page/Book/Series appears to have been used for different documents.
- The stated Doc./Page/Book does not exist in the notarial register.
Generic or incomplete acknowledgment:
- No mention of IDs or personal appearance.
- No names in the acknowledgment clause.
No notarial seal, or seal looks obviously fake or generic (e.g., inconsistent fonts, no jurisdiction).
Notary notarizing outside authorized jurisdiction:
- For example, a notary whose commission is for a specific city notarizing a deed clearly executed in a far-away province, without any explanation—though this alone may require more legal analysis.
Suspicious signature patterns:
- Signatures that don’t match other known signatures.
- One person apparently signing for several parties without proper authority.

Any one of these is not always conclusive, but several together greatly increase the likelihood of a defective notarization.

VIII. Legal Effects of an Improperly Notarized Deed of Sale

If a deed of sale is found improperly notarized, the consequences can be serious:

Document reverts to the status of a private document
- It loses the presumption of authenticity and regularity.
- The party relying on it must prove its authenticity in court, often by presenting the signatories and/or notary as witnesses.
Possible refusal or cancellation of registration
- The Register of Deeds may refuse to register the deed if irregularities are discovered early.
- If the title was already issued based on a forged or irregular deed, an action may be filed to annul the title or correct the register.
Administrative liability of the notary
- The notary may face:
  - Suspension or revocation of notarial commission.
  - Disbarment or suspension from the practice of law.
  - Fines and other administrative penalties.
Criminal liability
- Parties involved in faking a notarization or falsifying a deed may be liable for falsification of documents and related crimes.
- Notaries who knowingly participate in illegal notarization can also be criminally liable.
Effect on the sale itself
- Between the buyer and seller, a sale embodied in a defective notarized deed may still be valid as a contract (if essential elements like consent, object, and cause are present).
- However, its enforceability against third persons and its registrability are severely affected, and disputes over ownership may arise especially when there are competing buyers or heirs.

IX. What You Can Do if You Suspect a Defective Notarization

If you suspect that a deed of sale on which your ownership is based (or which affects your rights) was not properly notarized, common actions include:

Consult a Philippine lawyer immediately
- Bring the original deed, certified copies of the title, tax declarations, and any other related documents.
- The lawyer can assess:
  - Whether the defect is merely formal or substantial.
  - The appropriate civil, administrative, or criminal actions.
Request certified copies and records
- From the Register of Deeds (titles and underlying documents).
- From the RTC/Office of the Executive Judge (notary commission, notarial reports).
- From the notary (if cooperative and compliant).
File a complaint against the notary (if warranted)
- Before the Integrated Bar of the Philippines (IBP) or the proper court, for administrative sanctions.
- If fraud or falsification appears, coordinate with the prosecutor’s office.
Institute appropriate civil actions
- Action to annul or quiet title.
- Action to annul the deed of sale, if consent was vitiated (fraud, forgery, etc.).
- Injunctions or other remedies to prevent further dispositions of the property.

Because real property is often the most valuable asset a person owns, dealing with a defective notarization is not something to ignore or delay.

X. Practical Tips for Buyers and Sellers

To reduce the risk of problems:

Use a reputable notary or law office
- Avoid “fixers” or unknown notaries who operate in malls without proper identification.
Appear personally before the notary
- Do not allow others to sign or “take care of” the notarization in your absence.
Bring proper government-issued IDs
- Ensure the notary records the details accurately.
Read the deed carefully before signing
- Confirm names, descriptions of the property (title number, area, boundaries), and consideration (price).
Check the completed deed immediately
- Before leaving the notary’s office, verify:
  - Acknowledgment is filled out completely.
  - Notarial seal is present and clear.
  - Doc./Page/Book/Series entries are not blank.
Keep multiple certified copies
- Have photocopies and at least one duplicate original or certified copy for safekeeping.

XI. Final Note

Verifying whether a deed of sale was properly notarized is both a technical and practical exercise. On the one hand, it requires familiarity with the Rules on Notarial Practice and related laws. On the other hand, many problems can be spotted by a careful visual inspection and basic checks with the proper offices.

This article provides a comprehensive overview, but it is still general information. For any specific deed of sale or dispute, always seek advice from a Philippine lawyer who can examine the actual documents, local rules, and the precise facts of your case.