Notarial Fees for Affidavit of Adverse Claim in the Philippines

(Philippine legal context; practical, notarial, and registration angles)

1) What an “Adverse Claim” Is—and Why It’s Done by Affidavit

An adverse claim is a remedy used in Philippine land registration practice to protect an asserted interest in registered land when the claimant is not the registered owner or when the claimant’s right is not otherwise reflected on the Transfer Certificate of Title (TCT) or Condominium Certificate of Title (CCT).

It is typically used when someone claims, for example:

  • a buyer’s or seller’s interest arising from a contract to sell, deed, or similar instrument not yet registered;
  • a beneficiary’s or heir’s interest in property;
  • a creditor’s interest tied to an unregistered transaction; or
  • a party’s interest arising from a pending dispute affecting the title.

The adverse claim is registered with the Registry of Deeds (RD) and annotated on the title to give notice to third persons.

Under the Property Registration framework, an adverse claim is commonly presented as a verified statement/affidavit—meaning it is sworn before a notary public. That’s where notarial fees enter the picture.


2) “Notarial Fees” vs “Total Cost”: Don’t Confuse the Two

When people ask about “notarial fees for an affidavit of adverse claim,” they often mean the entire cash outlay. In practice, you may encounter three distinct cost buckets:

  1. Document preparation costs

    • drafting the affidavit (lawyer’s professional fee, or drafting service fee)
  2. Notarial fees

    • the fee the notary charges for administering the oath and notarizing the affidavit (jurat)
  3. Registry of Deeds fees (registration/annotation fees)

    • the RD’s fees to receive, record, and annotate the adverse claim, plus certified copies if requested

This article focuses on notarial fees, but you should budget with all three in mind because the RD step is usually the real “finish line” for an adverse claim.


3) The Notarial Act Involved: A “Jurat,” Not an Acknowledgment

An affidavit is sworn. The notarial portion is usually a jurat (the affiant swears to the truth of the contents before the notary).

That matters because:

  • a jurat requires personal appearance and administration of an oath;
  • the notary must be satisfied as to the affiant’s identity through competent evidence of identity (government-issued IDs, etc.); and
  • the notary records the details in the notarial register.

Some people mistakenly bring an unsigned affidavit and ask the notary to “just notarize it.” Proper practice requires: sign in the notary’s presence and take the oath.


4) Who Sets Notarial Fees in the Philippines?

There is no single, universally fixed nationwide price for notarizing an affidavit in the Philippines that applies in all settings.

Instead, fees tend to be shaped by:

  • local market practice (what notaries in the area commonly charge),
  • complexity and length of the document,
  • whether there are multiple affiants/signatories,
  • whether the notary is asked to do house/office/hospital notarization (travel), and
  • any local guidance that may be observed in the area (some localities have informal benchmarks; some offices maintain posted schedules).

Important practical point

Even if a notary can charge professional fees, the fee must be reasonable in context. Excessive or exploitative charging can expose a lawyer-notary to administrative complaints (professional misconduct).


5) What Commonly Affects the Notarial Fee for an Affidavit of Adverse Claim

Notarial fees are often higher for an adverse-claim affidavit than for a simple one-page affidavit because adverse-claim documents frequently involve attachments and detailed narratives. Common fee drivers:

A. Length and attachments

  • More pages typically mean more handling, recording, and copying.
  • Attachments may include contracts, IDs, title copies, tax declarations, and supporting papers.

B. Number of affiants

  • If two or more people must swear, the notary must identify each affiant and record details for each.

C. Type of notarization setup

  • In-office notarization is usually cheapest.
  • Mobile/house-call notarization adds travel time and logistical cost and is commonly priced higher.

D. Rush requests and after-hours work

  • Same-day urgent notarizations may be priced higher in practice.

E. Document handling expectations

  • Some clients request the notary’s staff to produce multiple copies, bind sets, or provide notarial-certified true copies of supporting documents (which can be billed separately and may not be “notarial fee” strictly speaking).

6) What a Notary Must Require Before Notarizing (and Why It Matters to Fees)

A notary public in the Philippines is expected to follow strict safeguards. Be prepared to provide:

  1. Personal appearance of the affiant(s)

  2. Competent evidence of identity

    • typically at least one (often two) valid government-issued IDs with photo and signature
  3. The document must be complete

    • no blanks in material portions
  4. The affiant must sign in the notary’s presence (or acknowledge a prior signature in circumstances allowed by proper practice—affidavits typically require signing in front of the notary)

  5. Notarial register entry

    • details of the notarization are recorded; you may be asked to sign the register

If you cannot meet these, a conscientious notary may refuse. If you’re being offered “notarization” without appearance or IDs, that’s a red flag—even if it’s cheaper.


7) Notarial Fee vs Lawyer’s Drafting Fee: Two Separate Things

A notary may notarize a document you prepared yourself if it is legally sufficient and truthful and the notary is satisfied as to form and identity.

However, an affidavit of adverse claim often needs careful drafting because it must clearly state:

  • the interest claimed;
  • the basis of the claim (facts and supporting documents);
  • the property/title details; and
  • enough specificity that the Registry of Deeds can process it for annotation.

If a lawyer drafts or substantially revises your affidavit, that is typically billed as a professional legal service separate from the notarial fee.


8) The Registry of Deeds Step: Not Notarial, But Essential to Budgeting

Even a perfectly notarized affidavit doesn’t protect you unless it’s filed and annotated with the Registry of Deeds.

Expect possible RD-related costs such as:

  • entry/annotation/registration fees, which depend on RD rules and the nature of the filing;
  • fees for certified true copies of the title with the adverse claim annotated; and
  • incidental costs (photocopying, documentary requirements, representative’s transport).

Tip: Ask the RD what supporting documents they require for adverse claim annotation in that locality; requirements can be implemented with local variations.


9) Validity Period and Why It Matters (Cost and Strategy)

An adverse claim is generally understood in practice as having a limited effectivity period unless renewed or sustained by court action, which means you may later face:

  • costs of renewal/re-filing,
  • additional affidavits or pleadings, and
  • legal fees if litigation becomes necessary.

So, the notarial fee may be only the first recurring cost in a longer dispute.


10) How to Avoid Overpaying—or Paying for a Worthless Notarization

Here’s a practical checklist:

  • Use a commissioned notary public (a lawyer with a current notarial commission for that area).
  • Insist on personal appearance and proper IDs (protects you; reduces risk of rejection or later challenge).
  • Ask for an official receipt and keep it with your file.
  • Check the notarial certificate: correct venue, date, name(s), and details.
  • Verify completeness: no blank material terms, correct title number, correct property description, and correct RD jurisdiction.
  • Make sure the affidavit is truthful and supportable: adverse claims used to harass or cloud title without basis can trigger liability.

A cheap notarization that is improperly done can become expensive if it leads to RD rejection, delays, or disputes about authenticity.


11) If You Truly Can’t Afford Notarial and Legal Costs

If finances are tight and your claim is serious, consider:

  • IBP legal aid (Integrated Bar of the Philippines chapters often have legal aid programs),
  • PAO (Public Attorney’s Office) if you qualify under their rules, or
  • law school legal aid clinics in some areas.

They may help with drafting and possibly guide you to legitimate, low-cost notarization pathways.


12) Practical “What Should I Ask the Notary?” Script

To keep things smooth and transparent, ask:

  1. “Is this an affidavit with jurat notarization?”
  2. “What is your fee for notarizing this affidavit based on number of pages and number of affiants?”
  3. “Are there additional charges for extra copies or certified true copies?”
  4. “Can you issue an official receipt?”
  5. “Do you require one or two valid IDs, and do you need photocopies?”

This keeps the conversation professional and fee-focused without guesswork.


13) Bottom Line

  • The notarial fee for an affidavit of adverse claim in the Philippines is not a single fixed nationwide amount and is commonly influenced by length, attachments, number of affiants, and whether it is mobile/rush.
  • Treat notarial fees as only one component; the adverse claim’s protective value depends on Registry of Deeds annotation, which has its own fees and requirements.
  • Proper notarization (appearance, IDs, jurat, register entry) is essential—because an adverse claim is often used in contentious situations where authenticity and compliance get scrutinized.

General information only; not legal advice. If you share the city/municipality where you’ll file and whether there are multiple affiants and attachments, it’s possible to outline a more realistic cost checklist and workflow (still without guessing a single “official” fixed fee).

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