Introduction
In the Philippines, notarial fees are regulated rather than left to market forces. The Supreme Court, through the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), authorises Executive Judges of regional trial courts—often acting on recommendations of local Integrated Bar of the Philippines (IBP) chapters—to issue a “Schedule of Notarial Fees.” This ensures that fees remain fair, transparent and uniform within each locality, while still allowing modest variation to reflect local costs of doing business.
Because the Rules set only maximum ceilings, a notary public may charge less but never more than the approved rate. Over-charging is both an administrative and criminal offence, exposing the notary to suspension or revocation of the notarial commission and, in severe cases, disbarment.
Large-value transactions—real-estate sales, corporate asset transfers, high-value loans, mortgages, deeds of assignment, etc.—naturally attract the upper tiers of these schedules. Below is a consolidated guide to what every practitioner, business owner or individual should know.
1. Legal Foundations
| Source | Key Provisions |
|---|---|
| 2004 Rules on Notarial Practice | - Art. VI §§1–2: authorises Executive Judges to “fix reasonable notarial fees.” - Art. IV §4(e): requires a notary to record each fee in the Notarial Register and issue an Official Receipt. |
| Rules of Court, Rule 141 §9(14) | Empowers courts to approve fee schedules “for the guidance of the public.” |
| Civil Code (Art. 19 & 20) | General obligation to act with justice and good faith; a basis for discipline if fees are unconscionable. |
| Code of Professional Responsibility (CANON 20) | Lawyers must charge “only fair and reasonable” amounts. |
2. What Counts as a “Large Transaction”?
There is no single peso-denominated cut-off in national law. Instead, IBP chapters classify transactions by amount involved (for money instruments) or assessed/declared value (for real estate). For illustration:
| Band | Typical Examples (NCR / key cities) |
|---|---|
| Up to ₱500 000 | Ordinary personal loans, small deeds of sale |
| ₱500 001 – ₱5 000 000 | Subdivision lots, condominium units |
| ₱5 000 001+ | High-value property, corporate asset packs |
Only the top band is treated as “large” in most fee tables.
3. Representative Notarial‐Fee Schedule (Metro Manila, 2019-present)
Note: Each IBP chapter publishes its own schedule. Figures below are typical maxima for urban centres; provincial chapters often approve slightly lower ceilings (≈ 10-20 % less). All amounts are per document unless noted.
| Document Type | Up to ₱500 k | ₱500 k – ₱5 M | ₱5 M + |
|---|---|---|---|
| Deed of Absolute Sale / Donation of real property | ₱1 000 | 0.2 % of value (min ₱2 000 / max ₱10 000) | 0.1 % of value (min ₱10 001 / max ₱20 000) |
| Real-Estate Mortgage / Deed of Trust | 0.1 % (min ₱1 500) | 0.15 % (cap ₱15 000) | 0.1 % (cap ₱25 000) |
| Chattel Mortgage / Motor-vehicle sale | ₱800 | ₱1 500 | ₱3 000 |
| Corporate Secretary’s Certificate involving assets ≥ ₱5 M | ₱3 000 | ₱5 000 | ₱7 500 |
| Loan Agreement / Promissory Note | 0.1 % (min ₱1 000) | 0.15 % (cap ₱7 500) | 0.1 % (cap ₱12 000) |
| Affidavits & Acknowledgments (regardless of amount) | ₱150 – ₱300 first page + ₱50/page thereafter |
Why percentages vary
- Progressive approach. Large transactions shift to lower percentage brackets because underlying administrative effort (verification, recording) does not increase linearly with value.
- Caps protect the public from runaway fees where property values run into hundreds of millions.
4. What Is Not a Notarial Fee?
Documentary Stamp Tax (DST) – Paid to the Bureau of Internal Revenue (BIR) based on Sec. 173 et seq., NIRC 1997. Payable per instrument, commonly:
- Deed of Sale of real property — ₱15 / ₱1 000 of consideration or FMV, whichever is higher
- Chattel Mortgage — ₱40 + ₱20 per ₱5 000 of obligation
Registration & Transfer Charges – Paid to Local Registry of Deeds, LRA, SEC, or LTFRB, depending on the nature of the document.
Travel & Facilitation – A notary may bill actual travel costs for out-of-office signings—but only if the fee schedule or Executive Judge’s order explicitly allows.
5. Compliance Checklist for Large-Value Notarizations
| Step | Requirement | Tip |
|---|---|---|
| 1 | Personal appearance of the signatories | No proxies unless via Special Power of Attorney (which must itself be duly notarised). |
| 2 | Competent Evidence of Identity (CEI) | Two government IDs or one ID + credible witness; scan/photocopy attached to the Notarial Register. |
| 3 | Review of underlying documents | Notary must be satisfied as to completeness and legality; may refuse if illegal purpose suspected (Art. 209, RPC). |
| 4 | Payment of correct fee | Demand an Official Receipt stating amount and type of document. |
| 5 | Entry in Notarial Register | Parties may request a certified copy of the entry —valuable for later registration disputes. |
6. Penalties for Over-Charging
- Administrative – Suspension of notarial commission (1 month – 2 years), or revocation; may also face suspension from law practice.
- Criminal – Art. 315 (Estafa) or Art. 210 (Direct Bribery) of the Revised Penal Code, when coupled with deceit or consideration to perform an unlawful act.
- Civil – Return of excess fee with legal interest plus damages.
7. Best Practices for Clients & Practitioners
- Ask for the Current Schedule. Every commissioned notary must post the latest approved schedule prominently in the office (Rule VI §1[c]).
- Compare Across Localities. If a transaction spans two cities (e.g., buyer lives in Quezon City; property in Bulacan), either schedule may apply depending on where the notarisation occurs.
- Consolidate Multi-page Instruments. Extra pages raise costs; integrate annexes logically.
- Use BIR-printed DST stickers to avoid accusations of falsified stamps.
- Check Commission Details (serial number, expiry, office address) at the RTC Clerk of Court or online rolls to ensure validity.
8. Recent Developments
| Year | Update |
|---|---|
| 2019 | IBP-NCR recommended a 20 % upward adjustment from its 2011 matrix, citing inflation and TRAIN-law effects. Approved by most Executive Judges in Metro Manila and adjoining provinces. |
| 2022 | Electronic notarisation pilot under OCA Circular 97-2022 (pandemic response) capped e-notary fees at 50 % of physical rates, but limited to specific document types (mostly affidavits, SPAs ≤ ₱500 k). |
| 2024 | Draft proposal for national harmonisation of notarial ceilings circulating within the IBP; still pending Supreme Court action. |
Conclusion
While notarial fees for large transactions in the Philippines can appear steep, they remain governed by strict ceilings, transparency rules and disciplinary safeguards. Clients can— and should —verify the prevailing schedule of the locality where the notarisation will occur, demand an official receipt, and remember that taxes (DST, registration) are separate statutory charges.
For practitioners, strict adherence to the authorised schedule is not merely a matter of professional courtesy but a legal imperative. With significant penalties for non-compliance, the prudent course is always to charge within the approved limits and to document every peso collected.
This article reflects the consolidated practice across major Philippine jurisdictions as of June 2025. Always consult the latest circular or your local IBP chapter for updates.