I. Why Notarization Matters in the Philippines

In the Philippines, notarization is not a mere formality. A notarized document becomes a public document, enjoys presumptions of regularity and authenticity, and is generally admissible in court without further proof of its due execution. Notarization is also a practical gatekeeper: registries (e.g., Registry of Deeds), government agencies, banks, and private institutions commonly require notarized instruments before acting on them.

Two of the most frequently notarized instruments in property and private transactions are the Special Power of Attorney (SPA) and the Deed of Sale (including Absolute Deed of Sale and Conditional Deed of Sale). Each has distinct legal purposes, documentary requirements, and cost drivers.

II. Governing Rules and Practical Reality of Notarial Fees

A. No single “fixed” notarial fee nationwide

Notarial charges in practice vary by:

city/municipality,
the notary’s office overhead and location,
complexity and urgency,
number of signatories and pages,
whether travel/out-of-office notarization is requested,
whether the notary must also draft the document.

A common misunderstanding is that notarization has a uniform government-set price. In reality, the notary is allowed to charge reasonable fees, and fee structures are often influenced by local practice and the time required to comply with notarial rules, recordkeeping, and identity verification.

B. Separate fees: drafting vs. notarization vs. certification

Charges typically break down into:

Document preparation/drafting fee (if the notary/law office drafts the SPA or deed),
Notarial fee (for the notarial act),
Copies / certified true copies (if requested),
Out-of-office/travel fee (if notarization is done at a hospital, home, detention facility, workplace, etc.),
Additional signatory fees (per affiant/principal/seller/buyer, depending on office policy).

C. Typical fee ranges (practical guidance)

Actual figures vary widely, but common market ranges (especially in urban areas) look like this:

SPA (simple, 1–2 pages, one principal): roughly ₱300–₱1,000 for notarization only; higher if drafted by the office.
SPA (multiple principals / complex authority / several pages): roughly ₱1,000–₱3,000+ depending on complexity and number of signatories.
Deed of Sale (motor vehicle / personal property): often ₱500–₱2,000+ notarization only, depending on pages and parties, higher if drafted.
Deed of Sale (real property): can be significantly higher, commonly ₱1,000–₱5,000+ for notarization alone, and may rise with complexity, attachments, and professional drafting.

Important practical note: Real property deeds frequently carry higher notarial charges because the notary typically exercises stricter due diligence given the risk of fraud, the number of supporting documents, and downstream registration requirements.

III. Special Power of Attorney (SPA): Purpose, Scope, and When It’s Required

A. What an SPA is

A Special Power of Attorney is an authority granted by a principal to an attorney-in-fact (agent) to perform specific acts. “Special” means the powers are limited and enumerated, unlike a general authority.

B. Common uses of an SPA

Signing a deed of sale or other conveyance for a principal who cannot appear
Processing transfer of title, tax declarations, and registration matters
Selling, mortgaging, or leasing property (when specifically authorized)
Withdrawing funds, transacting with banks (subject to bank requirements)
Representing in government offices (LTO, BIR, Registry of Deeds, city hall)
Claiming documents, checks, benefits, or remittances

C. When an SPA is typically demanded

Even where agency may be created informally, institutions often require a notarized SPA to:

accept the agent’s signature as binding on the principal,
protect against impostors,
ensure the document is a public instrument.

For sale of real property, the authority to sell must be express—meaning the SPA should clearly and specifically authorize the sale and the signing of the deed of sale and related documents.

IV. SPA Notarial Requirements (Philippine Practice)

A. Personal appearance is the rule

The principal(s) must personally appear before the notary public during notarization, unless the notary is legally performing the act for a person who cannot physically come to the office and the notary travels to the person—still requiring personal appearance before the notary.

B. Competent evidence of identity

Each principal must present valid identification with signature and photo. Good practice is to bring at least one primary government ID, and many notaries prefer two IDs.

Commonly accepted IDs include:

Philippine passport
Driver’s license
UMID
PRC ID
Postal ID
National ID (PhilSys)
Voter’s ID (where available)
Senior Citizen ID (sometimes accepted depending on office policy)

Notaries may refuse IDs that are expired, heavily damaged, or inconsistent with the signer’s appearance.

C. Soundness of mind and voluntariness

The notary must be satisfied that the principal:

understands the document,
is signing freely,
is not under duress,
appears competent to execute the instrument.

If the principal is elderly, ill, or hospitalized, notaries often apply heightened scrutiny.

D. The document itself: content essentials

A well-prepared SPA usually includes:

Full name, nationality, civil status, and address of principal
Full name and address of attorney-in-fact
Clear enumeration of the specific acts authorized
If selling property: description of property and explicit authority to sell/sign
Term/duration (if any) or revocation clause
Signature of principal and date/place of execution
Acknowledgment (notarial portion)

E. Witnesses: not always required, but often demanded in practice

For an SPA, witnesses are not always legally mandatory for notarization, but some notaries and institutions may request 1–2 witnesses for risk control, especially if:

the principal is elderly or unwell,
the transaction involves high value,
the principal’s signature is shaky or inconsistent,
the SPA is broad or sensitive.

If witnesses sign, they must also present IDs and personally appear.

F. Notarial register and document copies

Notaries are required to record the notarization in a notarial register, including details of signers, IDs, dates, and document type. Many notaries keep a copy for record-keeping.

V. SPA for Principals Abroad (Consular Acknowledgment / Apostille Considerations)

A. SPA signed abroad

If the principal is outside the Philippines, the SPA can usually be made effective for Philippine use through either:

Execution before a Philippine Embassy/Consulate (consular acknowledgment / notarization), or
Notarization by a foreign notary and proper authentication route as required for Philippine acceptance.

B. Local acceptance standards vary

Even if the SPA is properly executed abroad, local agencies and banks may impose additional requirements such as:

original document submission,
certified true copies,
updated IDs,
specimen signatures,
additional verification.

A practical approach is to check the receiving office’s documentary checklist before finalizing the form and execution route.

VI. Deed of Sale: Types and Legal Function

A Deed of Sale is the instrument that evidences the transfer of ownership of property from seller to buyer for a price.

Common forms include:

Absolute Deed of Sale (complete transfer upon signing)
Conditional Deed of Sale (transfer subject to conditions, often payment-related)
Deed of Sale of Motor Vehicle (personal property transfer; LTO-related)
Deed of Sale of Real Property (land/condo/house and lot)

Notarization is critical because property transfers—especially real property—are typically processed with registries and tax offices that require notarized instruments.

VII. Notarial Requirements for a Deed of Sale

A. Personal appearance of parties

As a rule, the seller(s) and buyer(s) must personally appear before the notary and present valid IDs. If a party is represented, the representative must present:

a notarized SPA (or other authority, as appropriate),
their own IDs,
and the SPA should explicitly authorize the sale/signing.

B. Competent evidence of identity (IDs for all signers)

Each signatory must present valid IDs. In higher-risk transactions, notaries may ask for:

two government IDs, or
supporting documents matching names (e.g., birth/marriage certificate for discrepancies).

C. Document integrity requirements (no blanks, complete terms)

Notaries often refuse to notarize deeds with:

blank spaces in material terms (price, property description, names),
inconsistent details,
erasures and uninitialed changes,
missing page numbers or attachments not properly referenced.

D. Spousal consent and marital property considerations

In practice, many notaries will ask about civil status because:

If the property is presumed conjugal/community, spousal consent or co-signature may be required for the disposition of property, depending on the property regime and when the marriage occurred.
If the seller is married, the spouse often needs to sign, or the notary may require proof that the property is exclusive (e.g., acquired before marriage, inheritance, etc.), or that the spouse consents.

Even if a deed is notarized, spousal or property-regime defects can later become grounds for disputes or challenges.

E. Corporate sellers/buyers

If a corporation is a party, notaries usually require:

Secretary’s Certificate or Board Resolution authorizing the transaction and signatory,
IDs of authorized signatory,
and proof of corporate existence (e.g., SEC registration details), depending on office policy.

VIII. Supporting Documents Commonly Requested (Especially for Real Property)

Notaries vary: some only require IDs and the deed; others require supporting papers to reduce fraud risk, especially for land/condo transactions.

Common supporting documents include:

Owner’s duplicate certificate of title (TCT/CCT) or at least a copy
Tax Declaration (land/building)
Latest real property tax clearance / official receipts
Government IDs and TINs of parties
Marriage certificate (if marital status affects the transaction)
SPA if signing through an agent
For condominiums: condo certificate of title (CCT), sometimes HOA/condo clearance (institution-specific)
If inherited: extrajudicial settlement documents and proof of transfer to seller, if applicable

While not always strictly required for notarization, these are frequently required for registration and tax processes after notarization, so many parties bring them early.

IX. Notarial Fees for Deeds of Sale: Why They Can Be Higher

Real property deeds tend to be more expensive to notarize because:

they’re higher-risk and higher-value,
they often require more signatories (spouses, co-owners),
the document is longer and includes attachments,
notaries apply stricter identity and capacity checks,
errors have serious consequences (title fraud, litigation exposure).

Some notaries base fees on:

number of pages and copies,
number of signatories,
complexity of the instrument,
time spent verifying supporting documents,
travel if notarized outside the office.

X. “Acknowledgment” vs. “Jurat” and Why It Matters

Most SPAs and Deeds of Sale are notarized by acknowledgment:

The signer acknowledges to the notary that the signature is theirs and they executed the instrument freely.

A jurat is used for affidavits where the signer swears to the truth of statements. Using the wrong notarial act can cause rejection by receiving offices. A deed of sale and an SPA are typically not jurats.

XI. Common Reasons a Notary Will Refuse Notarization

A notary may lawfully refuse if:

the signer does not personally appear,
IDs are missing, questionable, expired, or inconsistent,
the signer appears confused, coerced, intoxicated, or incapable,
the document has blanks or suspicious alterations,
the notary suspects fraud or forgery,
the signer wants the notary to notarize a document already signed elsewhere without personal appearance.

XII. Best-Practice Drafting Points to Avoid Rejection

A. SPA drafting tips

Enumerate the acts clearly; avoid vague “do anything and everything” language if the receiving office is strict.
If selling property: expressly authorize (1) sale, (2) signing deed of sale, (3) receiving payment (if applicable), (4) signing tax and registry documents, (5) dealing with BIR/LGU/Registry of Deeds.
Ensure names match IDs exactly; include middle name where applicable.

B. Deed of sale drafting tips

Ensure correct names, civil status, addresses, and TINs (many agencies require TINs).
Include complete property description (title number, technical description, location).
State consideration clearly (price and payment terms).
Identify who pays taxes/fees (capital gains tax/creditable withholding tax, documentary stamp tax, transfer tax, registration fees), if agreed.
For spouses/co-owners: reflect all owners as sellers and obtain all signatures.

XIII. Downstream Costs Often Confused With Notarial Fees (Especially Real Property)

People commonly attribute the full cost of transferring property to “notarial fees,” but the notarization itself is only one part. Separate expenses often include:

BIR taxes (e.g., capital gains tax or creditable withholding tax, documentary stamp tax),
local transfer tax,
registration fees at the Registry of Deeds,
issuance of new tax declaration,
certified true copies and clearances.

These items can dwarf notarial charges and should be budgeted separately.

XIV. Practical Checklist (Quick Reference)

A. SPA notarization checklist

Principal(s) personally appearing
At least one (preferably two) valid government IDs per principal
Complete SPA with specific powers
Attorney-in-fact’s correct details
Witnesses (if required by the notary or institution) with IDs
Multiple originals if you need to submit to multiple agencies

B. Deed of sale notarization checklist (general)

Seller(s) and buyer(s) personally appearing (or with SPA for representatives)
Valid government IDs for all signers
Complete deed with no blanks
Spousal signatures/consent where needed
For real property: title/tax declaration/tax receipts (often requested)
Multiple originals for BIR/LGU/Registry/bank submissions

XV. Key Takeaways

Notarization converts private instruments into public documents and is central to enforceability and acceptance by agencies.
Fees are not uniform; cost depends on complexity, pages, signatories, travel, and drafting.
An SPA must be specific, especially for authority to sell or sign conveyances.
A Deed of Sale typically requires stricter due diligence; real property deeds are often costlier to notarize.
Notarial fees are only a fraction of total costs in real property transfers; taxes and registration fees are separate.