Notarial Fees for Personal Data Sheet in the Philippines

Introduction

In the Philippine legal and administrative landscape, the Personal Data Sheet (PDS) serves as a foundational document for individuals seeking employment, promotion, or other official engagements within the civil service and broader government sectors. Commonly known as Civil Service Commission (CSC) Form 212 (Revised 2017), the PDS is a standardized form that captures comprehensive personal, educational, professional, and eligibility details of an individual. Notarization of the PDS is often required to affirm the veracity of the information provided, transforming it into a sworn document under oath. This process invokes notarial fees when performed by a notary public, though exemptions and variations exist depending on the administering authority.

This article explores the intricacies of notarial fees associated with the PDS, grounded in Philippine laws and regulations. It covers the legal basis, procedural requirements, fee structures, exemptions, potential penalties for irregularities, and practical considerations for individuals and notaries alike. Understanding these elements is crucial for compliance, cost management, and avoiding administrative hurdles in government-related processes.

Definition and Purpose of the Personal Data Sheet

The PDS is an official form mandated by the CSC for all government employees and applicants under Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and CSC Resolution No. 1700653 (2017 Omnibus Rules on Appointments and Other Human Resource Actions). It includes sections on personal information, family background, educational attainment, civil service eligibility, work experience, voluntary work, learning and development, and other relevant data. The form also requires declarations on criminal records, administrative cases, and relationships with public officials to ensure transparency and accountability.

The primary purpose of the PDS is to provide a sworn record that aids in evaluating qualifications for civil service positions. It is submitted during job applications, promotions, performance evaluations, and even for accreditation in certain professional bodies. Failure to properly execute or notarize the PDS can result in invalidation of applications or disciplinary actions, emphasizing its role as a legally binding affidavit.

Legal Basis for Notarization of the PDS

Notarization of the PDS is rooted in the need for an oath or affirmation to confirm the truthfulness of the contents, as per Article 183 of the Revised Penal Code (RPC), which penalizes false testimony in civil matters, and CSC rules requiring sworn statements. The CSC mandates that the PDS be "subscribed and sworn to" before an authorized official, which constitutes a jurat—a notarial act where the signer swears to the truth of the document's contents.

Key legal frameworks include:

2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC): Issued by the Supreme Court, this governs the commissioning, duties, and fees of notaries public in the Philippines. It classifies notarization acts into acknowledgments, jurats, certifications, and others, with the PDS typically falling under jurats.
Civil Service Commission Guidelines: CSC Memorandum Circular No. 14, s. 2018, and related issuances specify that the PDS must be notarized by a notary public or an authorized administering officer, such as the highest-ranking Human Resource Management Officer (HRMO) in the agency, the head of the agency, or other designated officials under Section 11 of the 2017 Omnibus Rules.
Executive Order No. 292 (Administrative Code of 1987): Authorizes certain government officials to administer oaths without charge for official documents, providing a fee-exempt alternative to private notaries.
Integrated Bar of the Philippines (IBP) Guidelines: While not binding, IBP chapters often issue suggested fee schedules to promote uniformity and prevent exploitation.

Notarization ensures the PDS can be used as evidence in administrative proceedings, with the notary attesting to the identity of the signer and the voluntary nature of the oath.

Notarial Acts Involved in PDS Execution

For the PDS, the relevant notarial act is a jurat, where the individual swears or affirms that the information is true and correct to the best of their knowledge. This differs from an acknowledgment, which merely verifies the signer's identity and execution of the document without an oath on content.

The process typically involves:

The individual completing the PDS form (four pages, including attachments if needed).
Appearing before the notary or authorized official.
Presenting valid identification (e.g., government-issued ID).
Swearing to the contents under oath.
The notary affixing their seal, signature, and notarial details (e.g., PTR No., O.R. No., doc. no., page no., book no., series).

If attachments like certificates are included, they may require separate notarization, potentially incurring additional fees.

Fee Structures for Notarizing a PDS

Notarial fees in the Philippines are not rigidly fixed by law but are guided by principles of reasonableness, as outlined in the 2004 Rules on Notarial Practice. Rule 10, Section 1 emphasizes that fees should be "reasonable and commensurate to the services rendered," considering factors like the document's complexity, time involved, and location.

Standard Fees for Jurats

Base Fee: For a standard jurat on a document like the PDS, notaries typically charge between PHP 100 to PHP 300. This range accounts for urban vs. rural settings, with higher fees in metropolitan areas like Metro Manila due to operational costs.
Additional Charges:
- Multiple Copies: If duplicate PDS forms are notarized simultaneously, an additional PHP 50–100 per copy may apply.
- Attachments: Each annexed document (e.g., photocopies of IDs or certificates) could add PHP 50–200 if separately jurated.
- Travel or House Calls: If the notary visits the client's location, fees may increase by PHP 200–500, plus transportation reimbursement.
- Urgency or After-Hours Service: Premium charges of PHP 100–300 for expedited or non-business hour notarizations.

Regional Variations

Fees can vary by province or city, influenced by local IBP chapter recommendations. For instance:

In Metro Manila, jurats often start at PHP 200.
In provincial areas, fees may be as low as PHP 50–100 to accommodate lower income levels.
Notaries in malls or commercial centers (e.g., via "notary public booths") might charge standardized rates around PHP 150 for simple documents.

Exemptions and Free Alternatives

A critical aspect is that not all PDS notarizations incur fees:

Government-Administered Oaths: Under CSC rules and the Administrative Code, authorized officials (e.g., agency heads, HRMOs, or even judges) can administer the oath for free if the PDS is for official government purposes. This is common in public offices, where the HR department handles it internally without cost.
Indigency Exemptions: Notaries are encouraged (though not mandated) to waive fees for indigent clients, as per ethical guidelines in the Code of Professional Responsibility for Lawyers.
Special Cases: For PDS submissions in bulk (e.g., during mass hiring), agencies may arrange group oath-taking sessions at no cost.

Overcharging is discouraged, and notaries must issue official receipts (O.R.) for all fees collected, as required by the Bureau of Internal Revenue (BIR) for taxation purposes.

Procedures for Notarizing a PDS

To notarize a PDS:

Prepare the form accurately, avoiding erasures or alterations that could invalidate it.
Choose between a private notary (for fee-based service) or a government official (potentially free).
Schedule an appointment if needed, especially for busy notaries.
Pay the fee upfront or upon completion, and retain the receipt.
Ensure the notary records the act in their notarial register, as mandated by law.

Individuals should verify the notary's commission status via the Supreme Court's online portal or IBP to avoid dealing with unauthorized practitioners.

Penalties for Irregularities in Notarial Fees and Practices

Violations related to notarial fees can lead to severe consequences:

Overcharging: Considered unethical under the Code of Professional Responsibility, it may result in complaints to the IBP, leading to suspension or disbarment. The Supreme Court has disciplined notaries for exorbitant fees in cases like A.C. No. 12345 (fictionalized for illustration).
Unauthorized Notarization: Performing notarial acts without a valid commission is punishable under the RPC (falsification of public documents) and the Notarial Rules, with fines up to PHP 500,000 or imprisonment.
False Swearing in PDS: If the individual provides false information, they face perjury charges under Article 183 of the RPC, with penalties including arresto mayor (1–6 months imprisonment) or fines.
Administrative Sanctions: For government employees, irregularities in PDS notarization can lead to CSC-imposed penalties like dismissal from service.

Notaries must renew their commissions every two years and comply with continuing legal education to maintain standards.

Practical Considerations and Tips

Cost-Saving Strategies: Opt for in-house government oath administration whenever possible to avoid fees entirely.
Common Pitfalls: Ensure the PDS is printed on legal-sized paper and signed in blue ink for authenticity. Incomplete forms may require re-notarization, doubling costs.
Digital Alternatives: While the CSC accepts electronic submissions in some cases, notarization typically remains physical. Emerging e-notarization under Republic Act No. 8792 (E-Commerce Act) may influence future practices, but as of now, it's limited.
For Notaries: Maintain transparency in fee disclosure to build trust and avoid complaints. Document all transactions meticulously.
Updates and Reforms: The Supreme Court periodically reviews notarial rules; stakeholders should monitor announcements for changes in fee guidelines.

In summary, notarial fees for the PDS in the Philippines balance accessibility with professional compensation, typically ranging from free (via government officials) to PHP 300 for private services. By adhering to legal standards, individuals ensure their PDS serves as a reliable tool for career advancement, while notaries uphold the integrity of the profession. For specific scenarios, consulting a licensed attorney or CSC office is advisable to navigate any unique requirements.