NOTARIZATION DOCUMENT REQUIREMENTS IN THE PHILIPPINES
A comprehensive legal-practice guide updated to May 2025
1. Why notarization matters
In Philippine law, a document that is “notarized” (converted from private writing into a public instrument) acquires the presumption of regularity and authenticity. It:
- becomes admissible in evidence without further proof of authenticity;
- may be enforced through summary remedies (e.g., real-estate mortgages via extrajudicial foreclosure); and
- exposes the notary and signatories to administrative, civil, and criminal sanctions if abused.
Because of these consequences, the Supreme Court tightly regulates every aspect of the act through the 2004 Rules on Notarial Practice (RNP), later amended in 2008, 2013, 2020, and 2023, together with provisions in the Civil Code, the Revised Penal Code, the Rules of Court, the Tax Code (Documentary Stamp Tax), and the Hague Apostille Convention (in force for the Philippines since 14 May 2019).
2. Legal framework at a glance
| Instrument | Core provisions |
|---|---|
| 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) | Qualifications, commissioning, duties, disqualifications, notarial acts, record-keeping, fees |
| Civil Code (Arts. 1318, 1358, 1723, etc.) | Contracts that must appear in a public instrument (e.g., donation of real property) |
| Rules of Court, Rule 132 §20, §23 | Evidentiary weight of public documents |
| Revised Penal Code (Arts. 171–172) | Falsification by public officer/private individual |
| Tax Code, Title VII | Documentary Stamp Tax (DST) on certain notarized documents |
| Hague Apostille Convention | International recognition of Philippine notarized documents |
3. The notary public: qualification, jurisdiction, and tools
Eligibility
- Filipino citizen, at least 21 years old
- Member of the Philippine Bar in good standing, with clear IBP dues and MCLE compliance
- Maintains a regular place of work or business within the commissioning territory (city, province, or RTC station)
- No prior conviction or administrative liability involving moral turpitude
Commissioning
Petition filed with Executive Judge, plus:
- Surety bond of ₱100,000 (valid for entire two-year term)
- Official seal (typically a serrated metal embosser plus red-ink rubber stamp)
- Notarial register (hard-bound, pre-paginated, and pre-marked)
Term: 2 years, renewable; oath of office required
Jurisdiction
- Limited to the commissioning territorial unit except when notarizing acts and contracts where any principal signatory resides/works in or the document relates to that jurisdiction
- Philippine consular officers abroad act as notaries for Philippine documents (Consularization)
Instrument set
- Notary Seal
- Notarial Register (one per commission, retain for 10 years)
- Protocol book affidavit for lost register pages
- Official receipt for fees
4. Recognized notarial acts & their specific requirements
| Act | Essential elements | Typical use cases |
|---|---|---|
| Acknowledgment | Personal appearance; signature acknowledged as voluntary; notary certifies identity | Deeds of sale, real-estate mortgages, powers of attorney |
| Jurat | Personal appearance; document signed in presence of notary; affiant swears/affirms truthfulness | Affidavits, sworn statements, SALNs |
| Oath or Affirmation | Solemn vow; no signing required | Testimonies, depositions |
| Signature Witnessing (rare) | Notary witnesses signing but no oath | Simple contracts |
| Copy Certification | Notary attests that photocopy is faithful reproduction of original presented | Academic records, passports |
| Protest (Bills of exchange) | Commercial matters | Negotiable instruments |
Caution: The RNP prohibits “blank-form” notarization and notarization of untranslated foreign-language documents when the notary is not competent in the language.
5. Core documentary requirements for any notarization
Personal appearance of every principal signatory (no appearance by messenger or secretary, except for Remote Online Notarization—see §11).
Competent Evidence of Identity (CEI) under §12 RNP:
- At least one current government-issued ID bearing photo and signature (passport, driver’s license, PRC, UMID, PhilSys e-PhilID, etc.); or
- Two credible witnesses, each with their own CEI, personally known to both notary and signatory.
Original, complete document with no blank spaces in critical portions; corrections must be initialed.
Signature:
- For acknowledgments—may be signed earlier but must be acknowledged as the signatory’s own.
- For jurats—must be signed in front of the notary.
- For signatories who cannot write, a thumb-mark witnessed by two disinterested parties plus photo photocopy attached.
Community Tax Certificate (CTC) details for jurats (as still required by some local treasurers’ circulars), though the RNP itself no longer mandates it.
Documentary Stamp Tax (DST) evidence (BIR Form 2000/2000OT) for taxable instruments (e.g., Deed of Absolute Sale, Loan Agreements exceeding ₱250,000).
Payment of notarial fee; notary must issue OR personally.
Notarial Certificate typed/stamped on the document or separate “loose-leaf” page containing:
- Venue, date, names of parties, CEI details, notary’s name, roll number, PTR, IBP lifetime number, MCLE compliance number, commission serial number & expiry.
Entry in Notarial Register immediately after notarization: page number, instrument number, nature of document, parties, CEI, fee, signature/thumb-mark, etc.
Retention: Notary keeps duplicate original of some enumerated documents (e.g., conveyances of real property) or at least a photocopy/clerk’s duplicate of others, attached to the register.
6. Document-specific add-ons
| Document type | Extra requirements before notarization |
|---|---|
| Real-estate conveyance | Transfer Certificate of Title number, tax declaration, marital status of seller, spouse’s consent, photocopy of IDs of both spouses; if conjugal—spousal signatures |
| Special Power of Attorney (SPA) | If principal abroad: consular or apostilled; if for OFWs—POEA verification sometimes required |
| Corporate documents (Board Resolution, Secretary’s Certificate) | SEC registration number, proof of board quorum, corporate seal optional, corporate secretary’s ID |
| Last Will & Testament (Notarial) | Executed in presence of 3 credible witnesses plus notary, each page signed by testator & witnesses |
| Adoption/Guardianship pleadings | DSWD certification or Home Study Report attached |
| Immigration-related affidavit (Parental Travel Permit) | Birth certificate of child, valid passports/IDs of parents, travel itinerary copy |
7. Grounds for mandatory refusal (§4, Rule IV RNP)
- Client not personally known or fails to present CEI
- Document shows illegal purpose or is incomplete/blank
- Notary is party to or beneficiary of the instrument
- Transaction involves property in which notary has interest
- Signatory appears mentally incapacitated, intoxicated, or coerced
8. Schedule of notarial fees (indicative, 2025)
The Supreme Court authorizes local IBP chapters to recommend ceilings—e.g., ₱200–₱500 for the first page of an acknowledgment, ₱50–₱100 per additional page, higher for real-estate deeds or corporate instruments. Any excess demands expose the notary to administrative sanctions.
9. Administrative, civil, and criminal liability
| Violation | Consequence |
|---|---|
| Failure to register document or keep proper book | Administrative case; suspension or revocation of commission, fines |
| Unauthorized notarization outside jurisdiction/expired commission | Nullity of instrument; possible disbarment |
| False statement/falsification | Criminal prosecution under Arts. 171–172 RPC; imprisonment 3-12 years |
| Overcharging | Fine, suspension, restitution |
| Engaging in “rent-a-notary” schemes | Perpetual disqualification, disbarment |
10. Apostille & international use
As of 14 May 2019, Philippine notarized public documents destined for fellow Convention states require only an Apostille issued by the DFA Office of Consular Affairs—not consular “red-ribbon” authentication. Documents bound for non-Convention states still undergo consularization.
11. Remote and electronic notarization
Interim Rules on Remote Notarization of Paper Documents (Supreme Court, En Banc Res. dated 14 July 2020):
- Allowed during public-health emergencies; signatory and notary appear via secure videoconference; document couriered for wet signature & seal.
- Still requires CEI shown on camera and later attached.
E-Notary System pilot (2023–2025): The SC’s Office of the Court Administrator is testing a fully digital platform where electronic signatures, digital certificates, and an encrypted e-notarial register replace paper. Full roll-out awaits further rules; for now, physical notarization remains the default.
Cybercrime-law safeguards: Tampering with digital-notary certificates may constitute offenses under R.A. 10175.
12. Best-practice compliance checklist (for signatories)
- Bring original IDs (passport or one primary, or two secondary).
- Ensure all blanks are filled; initials on erasures.
- Sign only in front of the notary (for jurats) or be ready to acknowledge signature.
- Prepare exact payment for DST and notarial fee; ask for official receipt.
- Verify that notary’s commission is current (wall certificate must be displayed).
- Check the notary’s register: your entry should be complete before you leave.
- Secure a certified true copy of the notarized document if needed for registry filings.
13. Renewal, resignation, and loss events
- Renewal petition must be filed 60 days before commission expiry; otherwise treated as new application.
- On resignation or death, notarial books and seals must be surrendered to Executive Judge within 30 days.
- Lost/stolen notarial seal or register: notary must file administrative affidavit within 10 days, publish notice, and secure replacement authority.
14. Frequently encountered misconceptions
| Myth | Legal reality |
|---|---|
| “Any lawyer can notarize anywhere in the Philippines.” | Only commissioned lawyers may notarize, and strictly within their jurisdiction unless otherwise allowed. |
| “Scanning and pasting an e-signature then printing counts as notarization.” | A notarized document must bear the notary’s original signature and embossed/sealed stamp (or qualified digital seal under approved e-notary rules). |
| “Notarization guarantees the truth of the statements.” | The notary only certifies identity and voluntariness, not the truthfulness; affiant remains liable for perjury. |
| “We can leave date/amount blank and fill it in later.” | Notary must refuse any instrument with incomplete data. |
15. Conclusion
Understanding the documentary requirements and procedural safeguards governing notarization in the Philippines is essential for lawyers, businesses, and ordinary citizens alike. Strict adherence to the Rules on Notarial Practice—from personal appearance and competent IDs to proper register entries—upholds the integrity of public documents and protects the parties from costly disputes or criminal liability. While digital transformation is on the horizon, the fundamental principles—personal presence, identity verification, and accountability—remain unchanged. Always consult a Philippine lawyer or the Office of the Executive Judge for situational guidance.
This article provides general information and is not a substitute for individualized legal advice.