Notarial Fee Requirements for Dual Notarizations Across Philippine Regions

Notarial Fee Requirements for Dual Notarizations Across Philippine Regions

Executive Summary

In the Philippines, a notarization performed in any city or province is legally valid nationwide if it complies with the 2004 Rules on Notarial Practice (RNP), the Rules of Court, and revenue regulations on receipts and taxes. “Dual notarization” most often describes (1) a document acknowledged before two different notaries because signers are in different regions, or (2) a document first notarized and later subjected to a second notarial act (e.g., a re-acknowledgment, certification, or notarized translation) so that it can be used or processed in another region. Philippine law does not require a second notarization merely because a document will be filed outside the province where it was first notarized. Fees for any notarial act are market-based (subject to ethical reasonableness and local bar guidance), and may vary across regions; government-imposed taxes and official-receipt rules still apply.


Legal Framework (Philippine Context)

  • Territorial commission; nationwide effect. A notary public is commissioned by the Regional Trial Court for a specific territorial jurisdiction (city/province). The notary may perform notarial acts within that territory; however, once validly notarized, the document becomes a public document that enjoys full faith and credit anywhere in the Philippines under the Rules of Court on public documents.
  • Personal appearance & competent evidence of identity. Each signatory whose signature is notarized must personally appear before the notary and present competent evidence of identity (e.g., government-issued IDs), unless personally known to the notary under the RNP.
  • Form of notarial acts. The RNP recognizes acknowledgments, jurats, oaths/affirmations, copy certifications, and other specific acts. The notarial certificate must state venue, date, names of appearers, type of ID, and the notary’s commission details and seal.
  • Documentary Stamp Tax (DST). DST liability depends on the instrument, not on the notarization itself. Some documents (e.g., deeds of sale, powers of attorney) attract DST under the National Internal Revenue Code; others (e.g., simple affidavits) do not. Notaries often collect DST as a convenience, but it is separate from notarial fees.
  • Revenue compliance. Notaries engaged in practice must issue a BIR-compliant official receipt (OR) for every payment received, whether for fees, DST, or incidentals. VAT/percentage tax may apply depending on the notary’s registration.
  • Local/IBP guidance. While there is no national tariff, IBP chapter schedules and court guidance in some locales suggest reasonable minimums. These are guidelines, not hard caps, but charging unconscionable fees can be a professional-responsibility issue.

What “Dual Notarization” Usually Means—and When It’s Proper

1) Multi-site acknowledgments for parties in different regions

If signatories are scattered (e.g., one in Cebu, another in Manila), Philippine practice allows the same instrument (or counterparts) to bear separate acknowledgment blocks—each signer appears before a notary in the notary’s own commission area.

  • Each notary certifies only the appearance and signature of the person who appeared.
  • The document may end up with two (or more) notarial acknowledgments, one per region.
  • Fees: Each notary charges their own fee for each signer; agencies may also require conformity formatting (e.g., separate pages for each acknowledgment).

2) Second notarial act for a new purpose

A document properly notarized in Region A might later require a distinct notarized attachment in Region B—examples:

  • A notarized certification by a custodian of records that a photocopy matches the original.
  • A notarized translation (with translator’s jurat) for filing with a regional office.
  • A re-acknowledgment because added signatories (e.g., spouses/attorneys-in-fact) must also appear. Here the second notarization is not a redo of the first; it is a separate notarial act with its own fee schedule.

3) When a second notarization is not appropriate

  • No “re-notarizing” the same signature without a new personal appearance.
  • No venue-based re-notarization requirement. An agency may prefer local notarizations for convenience, but absent a specific law/regulation, a document notarized in Region A remains valid for filing in Region B.
  • No alterations post-notarization. Material changes after a notarization generally require a new execution and acknowledgment; you cannot “carry over” the old notarization.

Fee Components You Can Expect (and Why They Differ Across Regions)

Because fees are not nationally fixed, total cost is a stack of components that vary with regional market rates and the complexity of the engagement:

  1. Base notarial fee per act
  • Acknowledgment/Jurat: Usually priced per signer and per instrument.
  • Copy certification/Oath/Affidavit: Typically lower than acknowledgments.
  1. Per-page charges
  • Long instruments may attract per-page fees (for drafting review, sealing, and registry entries).
  1. Documentary Stamp Tax (if applicable)
  • Collected separately if the document is DST-liable; rates depend on instrument type and value.
  1. Travel/out-of-office fees
  • Allowed if the notary travels to hospitals, detention facilities, or business sites within their commission territory (RNP allows mobile notarizations). Priced by distance/time.
  1. After-hours/rush handling
  • Premiums may apply for evenings/weekends or expedited execution/packaging.
  1. Drafting, legal review, and ancillary services
  • If you ask the notary (as a lawyer) to draft the instrument, review complex attachments, or prepare special certificates (e.g., separate acknowledgments), these are lawyering fees, distinct from the notarial act.
  1. Administrative incidentals
  • Printing, photocopying, courier, certified true copies from the notarial register, and extra seals.
  1. Taxes on professional fees
  • VAT or percentage tax (if applicable) is on top of the professional fee; still separate from DST.

Practical effect for dual notarizations: Each region’s notary charges their own base fee + applicable add-ons for the portion of the document they handle (e.g., one signer’s acknowledgment). The aggregate of those local fees is your total cost.


Structuring Dual Notarizations to Control Cost and Risk

  1. Use counterparts or segmented acknowledgment blocks. Prepare the instrument with separate acknowledgment certificates for each signer and region. This avoids re-printing entire documents and helps registries process them cleanly.

  2. Clarify DST strategy early. Decide who will compute and pay DST and where the stamps (or eDST reference) will be affixed. For deeds and POAs, align tax timing with intended filing (e.g., Registry of Deeds, BIR).

  3. Verify each notary’s commission & venue. Ensure every notarial act is performed within the notary’s commission area and the certificate reflects the correct venue (city/province). A mismatch can invalidate the act.

  4. Insist on a written fee breakdown & official receipts. Ask each notary for a line-item quote (base fee, per-page, travel, DST, taxes), and obtain BIR ORs from each.

  5. Avoid unauthorized “re-notarization.” If an agency asks for “re-notarization” solely because the original was from another region, request the written rule that requires it. Offer instead a notarized certification or consular/embassy authentication only if the document is for foreign use (Apostille regime), not domestic filings.

  6. Mind special categories.

    • Real property instruments: Check Registry of Deeds formatting, margins, and acknowledgment language; mistakes cause costly re-submissions.
    • Corporate signatories: Attach board/SEC authorities; notaries often require certified corporate IDs and board resolutions.
    • Substituted signers/attorneys-in-fact: Present the notarized SPA and IDs; the SPA itself may be DST-liable and must be properly notarized first.

Illustrative Scenarios

A. Sale of land; seller in Cebu, buyer in Manila

  • Setup: One deed with two acknowledgment blocks. Seller appears before a Cebu-commissioned notary; buyer before a Manila-commissioned notary.
  • Fees: Each notary charges a base acknowledgment per signer, plus any per-page and admin fees. DST computed on the deed value; one party (often buyer) handles DST for filing.

B. Corporate secretary’s certificate for filing in Davao; board signs in NCR

  • Setup: Board members acknowledge signatures in NCR. The Secretary’s Certificate is separately notarized in Davao to accompany a local filing.
  • Fees: Two notarial acts with separate fees and ORs; no “redo” of the board’s prior acknowledgment.

C. Affidavit sworn in Baguio, to be used in Iloilo

  • Setup: Single jurat in Baguio. No second notarization is needed for Iloilo filing. If the agency insists, ask for their written rule or provide a notarized certification of a true copy, if that is the actual requirement.

Typical Fee Range Dynamics (Qualitative)

  • Metro Manila & major urban centers: Higher base fees; professional-services add-ons (drafting/review) more common; travel fees significant due to congestion.
  • Provincial cities/municipalities: Lower base fees, but travel charges can rise if appearances occur outside town centers.
  • High-stakes or complex instruments: Expect higher quotes reflecting risk allocation, due diligence, and potential liability exposure.

Because there is no national tariff, always compare value vs. risk: speed, accuracy, and the notary’s ability to troubleshoot registry or agency requirements often justify price differences.


Compliance Checklist for Dual Notarizations

  • Instrument finalized; no blanks; annexes labeled.
  • Separate acknowledgment/jurat blocks per signer/region.
  • Personal appearance arranged; IDs checked and recorded.
  • Venue in the certificate matches the notary’s commission area.
  • DST assessed (if liable) and proof of payment attached/recorded.
  • Official receipts obtained for all payments (fees, DST, courier).
  • Copies/booklets prepared for registry submission standards.
  • Keep a complete packet: notarized original, ORs, ID photocopies (consistent with Data Privacy practices), tax proofs, and courier logs.

Frequently Asked Questions

1) Is a notarization in one province valid in another? Yes. Once validly notarized, the document is a public document usable nationwide. What matters is that the notary acted within their territorial commission and complied with the RNP.

2) Do we need to “re-notarize” when filing in a different region? Generally no. A second notarization is only needed for a different notarial act (e.g., additional signers, certifications, translations), not for mere change of filing venue.

3) Can different signers use different notaries? Yes. Each signer may appear before a different notary in their own region, with separate acknowledgment blocks. Each notary charges their own fee.

4) Who pays the Documentary Stamp Tax? By agreement between parties, but responsibility ultimately follows the taxable instrument and governing tax rules. DST is separate from notarial fees.

5) Can a notary charge travel or rush fees? Yes, if reasonable and disclosed in advance, and the notary still operates within their commission territory.

6) Must a notary issue an official receipt? Yes. Professional fees, DST advances, and incidentals must be covered by BIR-compliant ORs.


Ethical & Risk Considerations

  • Unconscionable charges can be sanctioned; transparency protects both client and counsel.
  • Identity verification is non-negotiable; avoid requests to notarize without appearance.
  • Register integrity: Notaries must maintain an accurate notarial register; clients may request certified extracts if needed for later filings.

Bottom Line

For documents executed across Philippine regions, dual notarization is a logistical tool, not a legal mandate. Use it to accommodate dispersed signers or additional notarial needs—but avoid unnecessary re-notarization. Expect separate, locally determined fees for each notarial act, plus any taxes and incidentals. Careful structuring (segmented acknowledgments, clear DST handling, proper venue, and complete receipts) will keep your filing valid, accepted, and cost-efficient anywhere in the country.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.