I. Introduction

In Philippine local governance, the Sanggunian—whether the Sangguniang Barangay, Sangguniang Bayan, Sangguniang Panlungsod, or Sangguniang Panlalawigan—produces a wide range of official documents. These include ordinances, resolutions, certifications, committee reports, minutes of sessions, contracts, affidavits, authorizations, endorsements, and other instruments connected with legislation, administration, and public service.

A recurring practical question is whether these documents must be notarized, who should bear the notarial cost, how much may be charged, and whether a notary public may charge the government, local officials, or private parties for notarizing Sanggunian-related documents.

The issue is not simply clerical. Notarization affects the evidentiary character of a document, the presumption of regularity, admissibility in court, public recording, and accountability in public transactions. At the same time, notarial fees are regulated by professional and ethical standards, local practice, procurement and disbursement rules, and the general principle that public funds may be spent only for a public purpose.

This article discusses the legal nature, purpose, permissible charging, common rates, exemptions, and practical treatment of notarial fees for Sanggunian documents in the Philippines.

II. What Is Notarization?

Notarization is the official act by which a notary public certifies that a person personally appeared before him or her, was properly identified, and acknowledged the document as his or her free and voluntary act, or swore to the truth of its contents, depending on the type of notarial act.

Under the 2004 Rules on Notarial Practice, a notary public is a lawyer commissioned by the Executive Judge of the territorial jurisdiction where the lawyer is authorized to perform notarial acts.

Notarization converts a private document into a public document. As a public document, it is generally entitled to full faith and credit upon its face and is admissible in evidence without further proof of due execution, subject of course to challenge on grounds such as falsity, irregular notarization, fraud, forgery, lack of authority, or absence of personal appearance.

Notarization is not a mere formality. The Supreme Court has repeatedly held that notarization is impressed with public interest. A notary public is not simply witnessing signatures; the notary performs a public function that helps prevent fraud.

III. What Are Sanggunian Documents?

The term “Sanggunian documents” may refer to several categories of records and instruments, including:

Legislative documents
- Ordinances
- Resolutions
- Appropriation ordinances
- Tax ordinances
- Zoning ordinances
- Internal rules of procedure
- Committee reports
- Minutes and journals of sessions
Administrative and official documents
- Certifications issued by the Sanggunian Secretary
- Extracts from minutes
- Certified true copies of ordinances or resolutions
- Notices of session or committee hearing
- Endorsements
- Transmittal letters
- Attendance certifications
Authority documents
- Resolutions authorizing the Local Chief Executive to enter into a contract
- Resolutions authorizing litigation, settlement, donation, lease, purchase, or disposal of property
- Resolutions confirming appointments or approving specific transactions
Transaction-related documents
- Memoranda of agreement
- Deeds of donation
- Contracts of lease, sale, usufruct, or service
- Affidavits
- Undertakings
- Joint venture or public-private partnership documents
- Settlement agreements
Quasi-judicial or dispute-related documents, especially in the barangay context
- Barangay certifications
- Katarungang Pambarangay records
- Settlement agreements
- Certifications to file action
- Affidavits related to barangay proceedings

Not all of these documents require notarization.

IV. Are Sanggunian Documents Required to Be Notarized?

General Rule: Not all Sanggunian documents need notarization

A Sanggunian ordinance or resolution does not become valid because it is notarized. Its validity comes from compliance with the Local Government Code of 1991, the internal rules of procedure of the Sanggunian, quorum, voting requirements, approval by the presiding officer or local chief executive when required, publication or posting when required, and other substantive and procedural requisites.

Thus, the following are generally not required to be notarized merely to be valid:

Ordinances
Resolutions
Committee reports
Minutes of sessions
Certified true copies issued by the Sanggunian Secretary
Extracts from minutes
Notices of hearing
Legislative journals
Attendance records

These are official public records when properly issued, signed, certified, sealed, or attested by the authorized public officer.

When notarization may be necessary

Notarization becomes relevant when the Sanggunian document is part of a transaction or instrument that the law, another agency, or practical legal usage requires to be notarized. Examples include:

Deeds of sale, donation, lease, or usufruct involving local government property
Affidavits executed by Sanggunian members or officials
Sworn certifications or sworn statements
Contracts requiring acknowledgment
Settlement agreements intended to have stronger evidentiary effect
Documents to be registered with the Registry of Deeds
Instruments submitted to agencies that require notarized copies
Authority documents attached to notarized contracts
Special powers of attorney
Undertakings, waivers, or quitclaims

In these cases, the notarial fee is not for the ordinance or resolution as such, but for the notarial act performed on the instrument requiring acknowledgment, jurat, oath, or other notarial certification.

V. Legal Basis for Notarial Fees

The governing framework includes:

2004 Rules on Notarial Practice
- Regulates who may notarize
- Requires personal appearance
- Requires competent evidence of identity
- Requires notarial register entries
- Provides duties and prohibitions of notaries public
Code of Professional Responsibility and Accountability
- Governs lawyers’ ethical obligations
- Requires honesty, fairness, integrity, and avoidance of improper fees or misleading conduct
Local Government Code of 1991
- Governs Sanggunian powers, local fiscal administration, ordinances, resolutions, and official acts of local governments
Government accounting and auditing rules
- Particularly relevant when notarial fees are paid from public funds
- Disbursement must be supported by lawful appropriation, public purpose, official receipts, and proper documentation
Civil Code and Rules of Court
- Relevant to the distinction between private and public documents, evidentiary effect, and execution of instruments
Special laws and agency rules
- May require notarization for specific transactions, such as real property dealings, procurement-related documents, affidavits, and registry documents

VI. Nature of Notarial Fees

A notarial fee is compensation paid to a commissioned notary public for performing a notarial act.

It may cover:

Verification of personal appearance
Examination of competent evidence of identity
Administration of oath or acknowledgment
Entry in the notarial register
Preparation of notarial certificate
Affixing notarial seal
Issuance of notarial details such as document number, page number, book number, and series

Strictly speaking, the fee is for the notarial act, not for the “approval” or “validation” of the Sanggunian document.

A notary public does not certify that a Sanggunian ordinance is legally valid, that a resolution was lawfully enacted, or that a public contract is advantageous to the government. The notary certifies matters relating to execution, acknowledgment, oath, identity, and appearance.

VII. Who Pays the Notarial Fee?

A. If the document is for official local government use

If notarization is required for an official LGU transaction, the notarial fee may generally be charged to the appropriate local government funds, provided that:

There is a valid public purpose;
The expense is necessary or incidental to official business;
There is an available appropriation;
The amount is reasonable;
The disbursement is properly documented;
The payment complies with accounting and auditing rules.

Examples:

Notarization of a deed of donation in favor of the municipality
Notarization of a contract authorized by a Sanggunian resolution
Notarization of affidavits required in litigation involving the LGU
Notarization of official undertakings required by a national agency
Notarization of documents for registration of LGU property

B. If the document is for the personal benefit of an official or employee

If the document is personal to a Sanggunian member, official, employee, or private individual, public funds generally should not be used.

Examples:

Personal affidavit of a Sanggunian member unrelated to official duty
Private deed of sale involving an official’s property
Personal travel affidavit
Private school or employment certification
Personal loan or bank document

In such cases, the individual should pay the notarial fee personally.

C. If the document is requested by a private party

Where a private person requests certified copies, extracts, certifications, or documents from the Sanggunian, the fee payable is usually not a notarial fee but a certification fee, copying fee, or local fee imposed by ordinance.

If the private party additionally requires notarization of an affidavit or private instrument, the notarial fee is usually borne by that private party.

D. If notarization is done by a government lawyer

A government lawyer who is commissioned as a notary public may notarize documents only within the bounds of law, office authority, conflict-of-interest rules, and government ethics.

If the lawyer notarizes documents as part of official duties, special care must be taken. A government lawyer generally should not treat public office as a means of private gain. Charging personal notarial fees for documents notarized using government time, office resources, or official position may raise administrative, ethical, or audit issues.

VIII. May a Sanggunian Secretary Notarize Sanggunian Documents?

A Sanggunian Secretary is not, by that position alone, a notary public.

The Sanggunian Secretary may:

Certify ordinances and resolutions;
Issue certified true copies;
Attest to records;
Prepare minutes;
Maintain legislative records;
Issue extracts from minutes;
Perform duties under the Local Government Code and local rules.

But the Sanggunian Secretary cannot notarize documents unless he or she is:

A lawyer;
Commissioned as a notary public;
Acting within the territorial jurisdiction of the notarial commission;
Performing a valid notarial act under the notarial rules.

Certification by the Sanggunian Secretary and notarization by a notary public are distinct acts.

A certification states that a document is a true copy or official extract from Sanggunian records. A notarization states that a person appeared before the notary and acknowledged or swore to the document.

IX. Certification Fee vs. Notarial Fee

This distinction is important.

Certification fee

A certification fee is a local government charge for the issuance of a certified copy, extract, or official certification. It is usually based on a revenue ordinance or local fee schedule.

It is paid to the local government, not personally to the Sanggunian Secretary.

Examples:

Certified true copy of an ordinance
Certified extract from minutes
Certification that a resolution was passed
Certification of no pending administrative case, if issued by the authorized office
Certification of accreditation or endorsement, if authorized

Notarial fee

A notarial fee is paid to a notary public for performing a notarial act.

Examples:

Jurat on an affidavit
Acknowledgment of a deed
Oath on a sworn statement
Notarization of an undertaking
Notarial certificate on a contract

A document may involve both: for example, a certified true copy of a Sanggunian resolution attached to a notarized deed.

X. Are Notarial Fees Fixed by Law?

There is no single nationwide fixed notarial fee for every type of document. In practice, notarial fees vary depending on:

Nature of the document;
Complexity of the instrument;
Number of pages;
Number of signatories;
Location;
Whether the document involves real property or monetary consideration;
Whether the notary also drafted the document;
Local legal practice;
Office policies;
Urgency and administrative requirements.

However, notarial fees must be reasonable. A lawyer-notary remains subject to ethical rules on attorney’s fees and professional conduct.

For simple affidavits, acknowledgments, or routine documents, fees are often modest. For complex contracts, deeds, property transactions, or instruments involving substantial value, notarial fees may be higher.

In government transactions, reasonableness is especially important because public funds are involved. Excessive, unsupported, or irregular notarial fees may be disallowed in audit.

XI. Can an LGU Set Its Own Notarial Fee Schedule?

An LGU may impose local fees and charges through ordinance within the limits of the Local Government Code. But an LGU does not regulate the private professional fee of every notary public in the locality merely by passing a local ordinance.

The LGU may set:

Certification fees;
Copying fees;
Authentication fees for local records;
Service fees for local offices;
Filing or processing fees, if authorized;
Local administrative charges.

But the fee charged by an independent notary public is primarily a professional fee, subject to legal ethics, notarial rules, and applicable law.

An LGU may also enter into a lawful service arrangement with a lawyer or law office for official legal services, subject to procurement, budgeting, and auditing rules. In such a case, the compensation should be properly authorized and documented.

XII. Notarization of Ordinances and Resolutions

A. Ordinances

An ordinance is a local law enacted by a Sanggunian. Its validity depends on legislative requirements, not notarization.

A municipal, city, provincial, or barangay ordinance must comply with applicable requirements such as:

Proper sponsorship or introduction;
Deliberation;
Quorum;
Voting requirement;
Approval or veto process, where applicable;
Review by higher Sanggunian, where required;
Posting or publication, where required;
Consistency with the Constitution, statutes, and higher regulations.

Notarization does not cure defects in enactment.

B. Resolutions

A resolution generally expresses the sentiment, position, authorization, approval, or policy direction of the Sanggunian. Like ordinances, resolutions ordinarily do not need notarization.

A resolution authorizing the local chief executive to sign a contract need not itself be notarized unless a receiving agency, transaction requirement, or internal policy demands it. The contract authorized by the resolution may be the document requiring notarization.

C. Certified true copies

Certified true copies of ordinances and resolutions issued by the Sanggunian Secretary are official documents. They are commonly accepted without notarization because the certifying officer’s authority comes from law and official custody of records.

However, some agencies or private institutions may ask for notarized certifications. In such situations, the more legally accurate approach is often to issue a certification under seal and, only when necessary, have the affidavit or certification notarized by the official who personally executes it.

XIII. Barangay Context

At the barangay level, the issue often arises because residents frequently request barangay certifications, affidavits, clearances, and documents related to settlement proceedings.

A. Barangay certifications

Barangay certifications issued by the Punong Barangay, Barangay Secretary, or other authorized barangay official generally do not require notarization to be official. They derive validity from the authority of the issuing barangay official.

B. Katarungang Pambarangay documents

Settlement agreements under the Katarungang Pambarangay system have legal significance when properly executed before the Lupon or Pangkat. They are not ordinary private contracts. They may have the force and effect provided by law after the period and conditions set by the Local Government Code.

Notarization is not always necessary for barangay settlement documents to have legal effect, but parties may still have related affidavits, undertakings, or compromise documents notarized when required by courts, agencies, or subsequent transactions.

C. Barangay resolutions

A Sangguniang Barangay resolution does not need notarization merely to be valid. It should be signed, attested, recorded, and certified according to barangay procedure.

D. Charging residents

Barangays may collect fees only if authorized by ordinance or applicable law. A barangay official should not collect a “notarial fee” unless the fee is actually for a notarial act performed by a duly commissioned notary public. Unauthorized collection of so-called notarial fees may raise administrative and criminal concerns.

XIV. Government Lawyers and Free Notarization

Some government offices provide free notarization for documents related to official functions or public assistance, especially affidavits for indigents or documents required by government programs.

However, not all government lawyers are automatically notaries public. A government lawyer must still be commissioned as a notary public, unless a special law or rule provides otherwise.

Potential issues arise when a government lawyer notarizes:

Documents outside official authority;
Documents involving private transactions;
Documents where the government lawyer has a conflict of interest;
Documents executed by persons not personally appearing;
Documents outside the notary’s territorial jurisdiction;
Documents for a fee retained personally despite use of government office resources.

For Sanggunian documents, a government lawyer assigned to the LGU may assist in preparing or reviewing documents. But notarization should still comply strictly with the notarial rules.

XV. Personal Appearance Requirement

One of the most important rules in notarization is personal appearance.

The signatory must personally appear before the notary public at the time of notarization. The notary must verify identity through competent evidence and record the transaction in the notarial register.

For Sanggunian documents, this means that the notary should not notarize:

A resolution merely sent by messenger;
A contract signed earlier by officials who did not appear;
A deed signed by the mayor, governor, vice mayor, vice governor, or Sanggunian member outside the notary’s presence without proper acknowledgment;
Affidavits where the affiant did not personally appear;
Documents bearing signatures collected in advance without personal verification.

A notarized document may be invalidated, and the notary may be disciplined, if notarization is done without personal appearance.

XVI. Competent Evidence of Identity

The notary must verify the identity of the person appearing. For public officials, this may include government-issued identification cards or other competent evidence recognized by the notarial rules.

The fact that the notary “knows” the mayor, vice mayor, councilor, board member, barangay captain, or Sanggunian Secretary does not automatically excuse compliance with notarial requirements. Proper identification and recordkeeping remain important.

XVII. Notarial Register Requirements

A notary public must keep a notarial register. For each notarized Sanggunian-related document, the notary should record required details, such as:

Entry number;
Date and time of notarization;
Type of notarial act;
Title or description of the document;
Name and address of the principal;
Competent evidence of identity;
Fee charged;
Signature or thumbmark of the principal;
Other details required by the notarial rules.

The notarial details appearing on the document—document number, page number, book number, series—must correspond to the notarial register.

Failure to make proper entries may expose the notary to disciplinary sanctions.

XVIII. Common Sanggunian-Related Documents and Their Notarial Treatment

Document	Usually needs notarization?	Notes
Ordinance	No	Validity depends on legislative process, approval, posting/publication, and review when required.
Resolution	No	Usually certified by the Sanggunian Secretary.
Certified true copy of ordinance	No	Certification by custodian is usually sufficient.
Extract from minutes	No	Issued by Sanggunian Secretary.
Committee report	No	Internal legislative document.
Minutes of session	No	Official record; notarial act unnecessary.
MOA/MOU	Often yes	Especially if binding, submitted to agencies, or used as public document.
Deed of donation	Yes, commonly	Required for registration and evidentiary purposes.
Deed of sale involving LGU property	Yes, commonly	Also subject to authority and audit requirements.
Lease contract	Often yes	Especially for enforceability and public documentation.
Affidavit of Sanggunian member	Yes	Jurat required.
Sworn statement	Yes	Requires oath or jurat.
Undertaking or waiver	Often yes	Depends on receiving agency or transaction.
Barangay certification	No	Official issuance, not notarization.
Barangay settlement agreement	Not always	Depends on intended use and subsequent enforcement.
SPA authorizing representation	Yes	Commonly notarized.

XIX. Use of Public Funds for Notarial Fees

When an LGU pays notarial fees, the disbursement must satisfy ordinary rules on government expenditures.

The payment should be:

Supported by appropriation There must be a budget item or lawful source from which the expense may be charged.
For public purpose The notarization must relate to official business, not private convenience.
Properly documented Supporting documents may include the notarized instrument, billing statement, official receipt, disbursement voucher, obligation request, and proof of authority.
Reasonable in amount Fees must not be excessive compared with the service rendered.
Properly approved The appropriate approving official must authorize the expense.
Compliant with procurement and audit rules If the notarial service forms part of a broader legal service engagement, procurement and consultancy rules may apply.

A payment may be questioned if it lacks an official receipt, has no public purpose, duplicates the work of a salaried government lawyer, or appears excessive.

XX. Can Sanggunian Members Be Reimbursed for Notarial Fees?

A Sanggunian member may be reimbursed for a notarial fee only if the expense was:

Actually incurred;
Necessary for official business;
Authorized by law, ordinance, or proper office procedure;
Supported by official receipts and documents;
Properly approved;
Chargeable to an available appropriation.

Personal documents cannot be reimbursed merely because the person signing them is a public official.

For example, if a councilor executes a sworn statement required in an official investigation involving the Sanggunian, reimbursement may be justified. But if the councilor notarizes a personal affidavit for a private dispute, reimbursement from public funds would generally be improper.

XXI. Notarial Fees in Procurement Documents

In public procurement, certain documents may be required to be notarized, such as:

Omnibus sworn statement;
Bid security declarations;
Authority of signatory;
Joint venture agreements;
Affidavits;
Contract documents;
Performance security undertakings.

For Sanggunian-related procurement documents, notarization may arise when the Sanggunian authorizes or approves transactions, appropriations, or contracts.

The cost of notarization may be borne by:

The bidder, for bidder-submitted documents;
The contractor, for contractor-executed documents;
The LGU, for LGU-executed documents;
The proper party under the contract or bidding documents.

The Sanggunian itself does not usually pay for notarization of bidder documents unless a specific lawful basis exists.

XXII. Real Property Transactions

Notarial fees are especially important in real property transactions involving LGUs.

Examples include:

Sale of LGU property;
Donation to or by the LGU;
Usufruct agreements;
Lease of public property;
Road right-of-way documents;
Deeds of easement;
Expropriation-related documents;
Deeds of exchange;
Transfer of land for public use.

The Sanggunian’s role may include authorizing the local chief executive to execute the deed, approving the transaction, or enacting an ordinance where required.

The deed itself is commonly notarized because notarization is necessary for treatment as a public document and for registration with the Registry of Deeds. The Sanggunian resolution authorizing the transaction is usually attached as supporting authority, but the resolution itself generally need not be notarized.

XXIII. Litigation and Legal Proceedings

Sanggunian-related notarization may also arise in legal disputes involving:

Validity of ordinances;
Administrative complaints;
Boundary disputes;
Land use and zoning issues;
Procurement controversies;
Disallowances;
Local tax disputes;
Intra-governmental conflicts;
Barangay election or governance disputes.

Documents commonly notarized in this context include:

Affidavits of witnesses;
Verifications;
Certifications against forum shopping;
Special powers of attorney;
Sworn explanations;
Position papers requiring oath;
Compromise agreements.

If the LGU is a party, notarial fees may be treated as litigation-related expenses, subject to proper authorization and auditing requirements.

XXIV. Ethical Limits on Notarial Fees

A notary public must not use notarization as a means of imposing improper or excessive charges.

Ethical issues may arise where:

The notary charges a fee but does not issue a receipt;
The notary notarizes without personal appearance;
The notary notarizes blank or incomplete documents;
The notary notarizes documents outside territorial jurisdiction;
The notary allows staff to notarize;
The notary charges the LGU excessive fees;
The notary splits fees with non-lawyers;
The notary notarizes documents involving conflict of interest;
The notary backdates notarization;
The notary notarizes a Sanggunian document to make it appear official despite procedural defects.

The notary may face administrative liability, including revocation of notarial commission, disqualification from being commissioned as notary, suspension from practice of law, or other disciplinary sanctions.

XXV. Unauthorized “Notarial Fees” Collected by Local Personnel

A serious concern in local practice is the collection of “notarial fees” by persons who are not notaries public.

Local personnel may not lawfully collect notarial fees unless there is an actual notarial act performed by a duly commissioned notary public.

Possible irregularities include:

Barangay staff collecting “notarial fees” for certifications;
Sanggunian personnel charging notarial fees for certified copies;
A local office charging notarial fees for documents merely stamped or sealed;
A non-lawyer preparing affidavits and representing that the fee includes notarization;
A notary’s seal being used by unauthorized staff.

These practices may give rise to administrative, civil, criminal, or disciplinary liability depending on the facts.

The proper charge for local documents is usually a certification, clearance, copy, or service fee authorized by ordinance—not a notarial fee.

XXVI. Notarization Does Not Cure Illegal Sanggunian Acts

A notarized document is not automatically lawful.

Notarization does not cure:

Lack of quorum;
Invalid voting;
Absence of required public hearing;
Failure to publish or post an ordinance;
Lack of authority of the signatory;
Violation of procurement law;
Ultra vires acts;
Conflict with national law;
Absence of appropriation;
Violation of audit rules;
Forged signatures;
Fraud;
Lack of public purpose;
Defective contract approval.

For example, if a mayor signs a contract without required Sanggunian authority, notarization of the contract does not supply the missing authority. If an ordinance was not validly enacted, notarization of a copy does not validate the ordinance.

XXVII. Public Documents Without Notarization

Some Sanggunian documents are public documents because they are official records, even without notarization.

Examples include:

Ordinances entered in official records;
Resolutions duly adopted and certified;
Minutes prepared by the Sanggunian Secretary;
Certified true copies issued by the legal custodian;
Official correspondence;
Records of proceedings;
Local legislative journals.

Their authenticity is usually established through certification, seal, custody, and official issuance—not through notarization.

XXVIII. Best Practices for LGUs

Local governments should adopt clear internal rules on notarization of Sanggunian-related documents.

Recommended practices include:

Do not notarize ordinances or resolutions unnecessarily Certification by the Sanggunian Secretary is usually enough.
Distinguish certification fees from notarial fees Avoid labeling local charges as notarial fees unless there is a real notarial act.
Require personal appearance Officials and signatories must personally appear before the notary.
Use official receipts Any notarial fee paid from public funds should be supported by proper receipts.
Avoid private benefit Public funds should not pay for personal notarization.
Maintain documentation Attach the notarized document, authority, billing, receipt, and disbursement papers.
Check authority before notarization Make sure the signatory has proper Sanggunian authorization where required.
Avoid conflicts of interest Government lawyers should be cautious in notarizing documents involving their office.
Maintain reasonable fees Fees should be defensible under audit.
Use certified copies instead of notarized copies where appropriate For ordinances and resolutions, certification by the Sanggunian Secretary is usually the proper method.

XXIX. Best Practices for Notaries Public Handling Sanggunian Documents

A notary public should:

Confirm the identity and authority of the signatory;
Require personal appearance;
Examine the document for completeness;
Check whether the official signs in a personal or representative capacity;
Record the notarial act properly;
Avoid notarizing documents with blank spaces;
Avoid backdating;
Avoid notarizing outside jurisdiction;
Issue receipts where fees are paid;
Avoid notarizing documents that appear irregular, unauthorized, or fraudulent;
Ensure that the notarial certificate matches the act performed.

Where the signatory is a public official, the notarial certificate should accurately reflect whether the person signs as an individual or in an official capacity.

XXX. Sample Situations

1. A city council passes a resolution authorizing the mayor to sign a memorandum of agreement.

The resolution itself generally does not need notarization. The memorandum of agreement may be notarized when signed by the authorized parties.

2. A private citizen requests a certified copy of an ordinance.

The citizen should pay the prescribed certification or copying fee, if any. This is not a notarial fee.

3. A Sanggunian member signs an affidavit for an official committee investigation.

The affidavit requires notarization or administration of oath. If official in nature and properly authorized, the notarial fee may be chargeable to public funds.

4. A barangay charges residents a “notarial fee” for barangay clearance.

This is improper if no notarial act is performed by a commissioned notary public. The proper fee, if authorized, is a barangay clearance or certification fee.

5. A deed of donation of land to the municipality is executed.

The deed should ordinarily be notarized, especially for registration and evidentiary purposes. The Sanggunian resolution accepting or authorizing the donation may be attached but need not be notarized as a separate legislative act.

6. A notary notarizes a contract signed by the mayor without the mayor personally appearing.

This violates notarial rules. The notarization may be questioned, and the notary may face disciplinary action.

7. The Sanggunian Secretary certifies a resolution and charges a fee.

This may be valid if the fee is authorized by ordinance and officially receipted. It is a certification fee, not a notarial fee.

XXXI. Consequences of Improper Notarization

Improper notarization may result in:

Loss of evidentiary value of the document as a public document;
Administrative sanctions against the notary;
Revocation of notarial commission;
Disqualification from future notarial commission;
Suspension or discipline as a lawyer;
Audit disallowance of improper payments;
Administrative liability of local officials;
Possible criminal liability in cases involving falsification, fraud, unauthorized collections, or misuse of public funds;
Civil liability where damage is caused.

For public documents, the consequences can be serious because notarization may affect public property, government funds, official authority, or citizens’ rights.

XXXII. Audit Considerations

The Commission on Audit may examine notarial fee payments made by LGUs. Common audit concerns include:

Lack of supporting documents;
Payment for personal documents;
Excessive fees;
No official receipt;
No proof of notarization;
No legal basis for payment;
Payment despite availability of salaried legal staff;
Splitting of transactions;
Charging to the wrong expense item;
Absence of appropriation;
Unclear public purpose.

To withstand audit, LGUs should ensure that every notarial fee payment is connected to a specific official document and supported by complete paperwork.

XXXIII. Practical Fee Treatment

Although fees vary by locality and document type, the following practical distinctions are useful:

Routine official certifications

These should normally be covered by local certification or copying fees, not notarial fees.

Simple affidavits

A modest notarial fee is common, unless notarization is provided free by an authorized public assistance office.

Contracts and deeds

Fees may be higher depending on complexity, value, number of parties, and whether drafting services are included.

Documents involving public funds or property

The fee should be reasonable, authorized, receipted, and defensible in audit.

Documents required by courts or agencies

The party required to submit the notarized document usually bears the fee unless the expense is officially chargeable to the LGU.

XXXIV. Relationship Between Notarial Fees and Legal Fees

Notarial fees should be distinguished from legal fees for drafting, review, consultation, or representation.

A lawyer may charge separately for:

Drafting a contract;
Reviewing a deed;
Giving legal advice;
Representing an LGU;
Preparing pleadings;
Conducting legal research;
Notarizing the final document.

But in government transactions, legal service arrangements must comply with rules on authority, procurement, conflict of interest, and audit.

A notarial fee should not be disguised as a legal consultancy fee, nor should a legal fee be improperly charged as a notarial fee.

XXXV. Sanggunian Authority and Notarized Contracts

Many LGU contracts require Sanggunian authorization. The typical structure is:

The Sanggunian passes a resolution or ordinance authorizing the transaction;
The Local Chief Executive signs the contract or deed;
The document is notarized;
The document is implemented, submitted, registered, or recorded as required.

The notary should verify, at least on the face of the document, that the signatory purports to have authority. However, notarization does not constitute a legal opinion that the Sanggunian authority is sufficient.

XXXVI. Special Concern: Backdating and “Advance” Notarization

Backdating is improper. A notary should not make it appear that a document was notarized on a date earlier than the actual appearance of the signatory.

Likewise, a notary should not notarize blank documents, unsigned documents, or documents to be signed later.

These practices are particularly dangerous for Sanggunian documents because dates may affect:

Validity of contracts;
Deadlines for submission;
Effectivity of ordinances;
Audit periods;
bidding timelines;
real property registration;
litigation deadlines;
compliance with agency requirements.

XXXVII. Electronic and Remote Issues

Philippine notarial practice traditionally requires physical personal appearance before the notary. Electronic documents and digital signatures may be recognized under certain laws and rules, but notarization remains governed by notarial rules requiring appearance and proper verification unless a specific authorized framework applies.

For Sanggunian documents, LGUs should be cautious about:

Scanned signatures;
E-signatures on documents to be notarized;
Remote notarization by video call;
Notarial seals affixed to unsigned originals;
Photocopied notarized pages attached to different documents.

Absent clear legal authority and compliance with applicable rules, traditional personal appearance and original signatures remain the safest practice.

XXXVIII. Key Principles

The following principles summarize the legal treatment of notarial fees for Sanggunian documents:

Not all Sanggunian documents require notarization.
Ordinances and resolutions are valid through lawful enactment, not notarization.
Certification by the Sanggunian Secretary is different from notarization.
Notarial fees are payable only for actual notarial acts.
A notarial fee paid from public funds must serve a public purpose.
Personal documents of officials should not be paid from LGU funds.
A non-notary cannot collect a notarial fee.
A government lawyer must observe notarial, ethical, and public office rules.
Notarization does not cure lack of authority, invalid enactment, or illegal transactions.
Improper notarization may lead to disciplinary, audit, administrative, civil, or criminal consequences.

XXXIX. Conclusion

Notarial fees for Sanggunian documents must be understood within the broader framework of local governance, public accountability, legal ethics, and evidentiary rules.

The ordinary legislative outputs of the Sanggunian—ordinances, resolutions, minutes, committee reports, and certified extracts—generally do not require notarization. Their authority flows from the Local Government Code, the Sanggunian’s rules, official custody, signatures, attestation, and proper certification.

Notarization becomes necessary when the Sanggunian document is connected with a transaction, affidavit, deed, contract, sworn statement, undertaking, or instrument that requires acknowledgment, jurat, oath, or public-document status. In those cases, the notarial fee may be paid by the LGU only when the notarization is for an official purpose, supported by appropriation, reasonable in amount, properly receipted, and compliant with audit rules.

The essential distinction is this: a Sanggunian document is not made official by notarization when the law already makes it official through public authority; but when a separate legal instrument requires notarization, the notarial act must be genuine, lawful, properly recorded, and reasonably compensated.