Notarization Fee for a Quitclaim Agreement in the Philippines
A comprehensive guide for HR officers, corporate counsel, and individual employees
1. Why quitclaim agreements have to be notarized
Transforms the deed into a “public document.” Under the Civil Code (Art. 1358), deeds that involve the relinquishment of rights should be in a public instrument. Notarization converts a private writing into a public document, which is admissible in evidence without further proof of authenticity.
Presumption of regularity and voluntariness. A properly notarized quitclaim enjoys a disputable presumption that it was freely and voluntarily executed. This presumption is often decisive when the deed is later attacked before the NLRC, the Court of Appeals, or the Supreme Court.
Registrability and tax processing. Some quitclaims have to be presented to the Bureau of Internal Revenue (BIR) and, occasionally, the Registry of Deeds—for example, where real property is involved. Both agencies insist on notarized instruments.
2. Governing framework for notarial fees
| Reference | Key points | Effect on fees |
|---|---|---|
| 2004 Rules on Notarial Practice (Supreme Court A.M. No. 02-8-13-SC) | – Only commissioned notaries may charge fees. – Notary must conspicuously post an official Schedule of Fees in the office. |
Provides the enabling authority but does not itself fix peso amounts. |
| Guidelines on the Maximum Notarial Fees (periodically issued by Executive Judges in each RTC station) | – Each executive judge may issue a provincial or city-wide schedule. – Figures are typically reviewed every three years. |
Sets a cap; notaries may charge less but never more. |
| IBP Model Schedule (Integrated Bar of the Philippines) | – Serves as template where no local schedule exists. | Often adopted verbatim in smaller judicial stations. |
Tip: Ask the notary for a photocopy of the posted schedule. They are duty-bound to furnish it (§2, Rule VI, 2004 RNP).
3. Typical peso ranges in Metro Manila (2025)
| Description | First 2 pages | Succeeding pages | Common add-ons |
|---|---|---|---|
| Acknowledgment of a deed (Quitclaim, Waiver, Release) | ₱200 – ₱500 | ₱50 – ₱100 per page | – Two certified true copies: ₱100 – ₱150 each – Additional party/ signatory: ₱100 |
| Jurat (if the quitclaim is in affidavit form) | ₱150 – ₱300 | Same as above | – Sworn statement stamping: ₱30 Doc Stamp (see §4) |
In provincial cities the first-page fee often starts at ₱100; in key business districts it can go up to ₱800, but only if the local cap allows it.
4. Other mandatory cash-outs
Documentary Stamp Tax (DST) Basis: Sec. 188, NIRC as amended by RA 10963 (TRAIN). Amount: ₱30 “on every single instrument, issue, or acceptance.” Compliance: Paste the BIR documentary stamp on the original before signing, then cancel it by writing or stamping the date and the notary’s initials.
Certification Fees (optional) – For filing the quitclaim with the NLRC or DOLE, certified copies may be required. – Rule of thumb: ₱100 – ₱150 per certification.
Travel or out-of-office fees – Permitted only when the notary is expressly commissioned for mobile notarization (Rule IV, §1[b], 2004 RNP). – Must be pre-quoted and receipted separately.
5. Factors that legitimately affect the fee
| Factor | Why it matters |
|---|---|
| Number of signatories | Each signer’s identity must be verified and logged in the notarial register. |
| Page count | Elevated risk of “insertions” in lengthy instruments; hence the per-page surcharge. |
| Special form of oath | Some quitclaims incorporate a jurat in addition to an acknowledgment; this counts as two official acts. |
| Time and place | After-hours or outside the notary’s regular office is a premium service allowed only under strict conditions (Rule IV). |
6. Practical workflow and compliance checklist
Pre-execution briefing
- Explain the settlement amount and the legal rights being waived.
- Secure the employee’s company or government-issued IDs (with signature).
Affix DST stamp (if required) before signing.
Appear before the notary together.
- Each signatory signs the quitclaim in the notary’s presence.
- The notary checks ID, stamps thumbprints if the party so requests or if required by local rules.
Payment and receipt
- Notary issues an Official Receipt on the spot.
- Verify that the OR amount matches the posted schedule.
Release of funds (for labor settlements)
- Best practice: issue the settlement check after notarization but on the same day, witnessed by HR and, if possible, a DOLE arbiter.
7. Consequences of cutting corners
| Defect | Legal risk |
|---|---|
| Uncommissioned or expired notary | The quitclaim is a private document; it loses its self-authenticating character and is easier to annul. |
| Excessive fees | Notary may be suspended or disbarred; the deed itself remains valid but is a red flag in litigation. |
| Lack of DST | BIR may impose surcharge and compromise penalty; registries may refuse to accept the document. |
| Failure to explain the terms | Quitclaim may be set aside for vitiated consent (e.g., Veloso v. CA, G.R. L-43912, Dec 24 1986). |
8. Illustrative cost computation (3-page deed, two signatories, Makati CBD)
| Item | Amount |
|---|---|
| Acknowledgment fee (first 2 pages) | ₱400 |
| Page surcharge (1 extra page × ₱75) | 75 |
| Second signatory add-on | 100 |
| Two certified true copies | 250 |
| Documentary Stamp Tax | 30 |
| Total | ₱855 |
A bigger firm may quote ₱1,200 for essentially the same job. Always ask for the posted schedule.
9. Key take-aways
- Ask to see the notary’s official fee schedule—it should be framed and visible.
- ₱200–₱500 is the mainstream first-page range in cities; cheaper in the provinces, higher for mobile notarization.
- The notary must issue an O.R. and record the act in the notarial register.
- DST of ₱30 is not optional; keep the stub as proof of payment.
- An over-priced fee is an ethical violation on the notary’s part—but does not void the quitclaim.
- A well-drafted, properly notarized quitclaim is your strongest shield against future labor or civil claims.
10. Frequently asked questions
| Question | Answer (succinct) |
|---|---|
| Can we use an e-notary? | Not yet. The Supreme Court’s Interim e-Notarization guidelines (2020) were limited to special periods and have lapsed. |
| Does the quitclaim need to be notarized in the employee’s hometown? | No. Place of execution is irrelevant as long as the notary holds a valid commission in that locality. |
| What if the employee refuses to appear before a notary? | You may execute the release before a DOLE Single Entry Approach (SEnA) officer, whose certification serves a similar evidentiary purpose. |
Bottom line: budget around ₱500–₱900 for a standard three-page quitclaim in major urban centers, ensure the DST is affixed, and keep both the notarized original and at least two certified copies in your files.