Notarization Fees for an Affidavit of Discrepancy in the Philippines
(A practitioner-oriented explainer)
1. What is an Affidavit of Discrepancy?
An Affidavit of Discrepancy (AoD) is a sworn written statement used to explain and reconcile inconsistent entries that appear in an individual’s civil-status, academic, employment, or identification records—e.g., a misspelled surname, a swapped month/day in a birth date, or differing middle initials that turn up in a birth certificate, baptismal record, passport, or government ID.
Because government and private institutions will not act on—or may outright reject—altered or corrected records unless the applicant’s sworn explanation is on file, the affidavit is almost always required before one can:
- apply for a passport, PhilID, or driver’s licence when data do not match earlier records;
- file a petition for the administrative (or judicial) correction of civil-registry entries;
- claim benefits (SSS, GSIS, PhilHealth, Pag-IBIG) if documents bear minor discrepancies;
- effect payroll or bank corrections; or
- enroll, graduate, or sit for licensure exams when school records vary.
2. Why Must It Be Notarised?
Under Philippine evidence rules, a private document becomes admissible in court and in administrative proceedings as a “public document” once it is acknowledged or subscribed under oath before a notary public. A notarised affidavit therefore:
- enjoys a presumption of regularity and authenticity;
- can be used to support civil-registry or passport corrections without its drafter having to testify; and
- may be relied upon by government agencies to process the requested change without further verification.
3. Legal Sources that Control Notarial Fees
| Layer | Instrument | Key Points for Fees |
|---|---|---|
| Constitution | Art. VIII §5(5) | Supreme Court has exclusive power to “promulgate rules concerning the practice of law.” This includes regulating notaries (who must be lawyers). |
| 2004 Rules on Notarial Practice (RNP) | Rule VIII §§1-3 | Authorises each notary to “charge reasonable fees not exceeding the maximum prescribed in a schedule of fees approved by the Executive Judge of the RTC for the province or city where the notary is commissioned.” |
| Local RTC Circular / Schedule of Maximum Fees | Issued every few years by each Executive Judge | Specifies peso ceilings per notarial act (acknowledgment, jurat, certified copy, etc.). |
| National Internal Revenue Code (NIRC) as amended | §188 (Documentary-Stamp Tax on Oaths & Jurats) | Fixes a ₱30 DST on every affidavit or jurat, to be affixed in stamp form at the time the oath is taken. |
| Anti-Red Tape Authority (ARTA) & RA 9485 | Requires posting of service standards | Notaries must conspicuously display the approved fee schedule “to prevent overcharging.” |
Important: No city, barangay, mall admin, or HOA may legally set higher or different notarial fees. A mayor’s permit or lease agreement may impose business-permit charges on the lawyer’s office, but cannot override the Supreme Court-approved schedule.
4. The Usual Fee Components for an Affidavit of Discrepancy
Core Notarial Fee (Jurat). Ranges taken from actual 2024 schedules posted in several cities:
- Metro Manila & Highly Urbanised Cities: ₱100 – ₱200 per document
- Component Cities / 1st-Class Municipalities: ₱75 – ₱150
- Other Municipalities: ₱50 – ₱100
The fee normally covers up to two annexes (e.g., photocopy of the erroneous birth certificate and the ID you want corrected). Additional pages may be ₱5-₱20 each.
Documentary-Stamp Tax. Uniform ₱30 (BIR Documentary Stamp denominated “Documentary Stamp Tax PHP 30”). Some notaries keep a stock and bundle the DST into the quoted price; others ask the client to buy the stamp from the nearest BIR-accredited vendor.
Optional Convenience Surcharges.
- Travel / Mobile Notary Charge – allowed if the notarisation is done outside the notary’s regular place of business (e.g., hospital bedside, workplace, overseas-Filipino mass notarisation). The notary must disclose the rate before travel and issue an official receipt.
- After-Hours / Holiday Premium – permitted by most schedules so long as it does not exceed the ceiling (often an extra 25 %–50 % of the base fee).
Photocopying / Printing. Merely incidental; typically ₱2-₱5 per page if the client asks the law office to handle copies.
5. How the Fee Ceiling Is Fixed—and Why It Varies
- Every three years (or when circumstances warrant), Executive Judges survey prevailing economic conditions within their territorial jurisdiction and issue a circular adjusting the maximum fees.
- Inflation, office-rent levels, and lawyer population explain the differences between, say, Makati (₱200) and Tuguegarao (₱80).
- Lawyers are free to charge less or to waive the fee (for indigent or pro-bono matters), but charging more than the posted maximum is a ground for administrative sanction under RNP Rule XI and the Code of Professional Responsibility and Accountability (CPRA).
6. Practical Fee Benchmarks (2025)
| Setting | Typical All-In Amount (includes DST) | What Influences the Quote? |
|---|---|---|
| Mall kiosk / shipping-center booth | ₱200 – ₱250 | Convenience, rent, VAT-registered? |
| Solo lawyer’s office near City Hall | ₱130 – ₱180 | Lower overhead; often caps at posted maximum |
| Big-firm reception desk | ₱300+ (but often discouraged; firms focus on corporate work) | Law-firm policy, VAT adds 12 % if applicable |
| Barangay / LGU “legal aid day” | Free or DST only | Usually subsidised or IBP outreach |
| Overseas Philippine Embassy / Consulate | US $25-30 (≈ ₱1,400) | Consular schedule fixed by DFA; includes apostille route |
7. Steps & Cost Flow for the Client
Draft & Review. Prepare the AoD (some notaries have templates). – Free
Appear with Valid ID. Present at least one government-issued ID; sign the affidavit in the notary’s presence.
Pay:
Item Who Collects? Typical Amount Jurat fee Notary ₱50-₱200 DST Notary (as pass-through) or external vendor ₱30 Copy charge (if any) Notary / copy shop ₱5-₱20 Receive Original & Notarial Register Entry No. Verify that:
- the notary’s seal and signature appear;
- the date and docket number match the logbook entry;
- the DST stamp is cancelled (initialled & dated).
Secure Extra Certified Copies (optional). Charged as a separate notarial act (₱100-₱150 first page + ₱10/page).
8. Penalties for Overcharging or Irregular Notarisation
| Violation | Possible Sanction |
|---|---|
| Charging over the posted maximum | Suspension or revocation of notarial commission; P13,000–P40,000 fine; disciplinary action as lawyer |
| Failure to affix DST or cancel stamp | BIR surcharge (25 % of tax) + interest + administrative case |
| Notarial act without personal appearance | Notarial commission revocation, CPRA violation, and criminal falsification |
Tip: If you suspect overcharging, ask for the Official Receipt and photograph the posted fee schedule. Complaints go to the Office of the Executive Judge (for notarial infractions) or the Integrated Bar’s Commission on Bar Discipline (for ethical breaches).
9. Related Costs After the Affidavit
An AoD often accompanies civil-registry correction petitions (administrative under R.A. 9048/10172 or judicial). Filing fees for those proceedings are separate (₱1,000–₱3,000 at the Local Civil Registry; court filing fees vary). The notarisation cost is usually the least expensive item in the overall rectification process—but it is essential because the petition must attach a sworn explanation.
10. Key Take-Aways for Practitioners and Clients
- Check the wall poster in the notary’s office—the ceiling controls.
- Budget ≈ ₱150-₱250 in urban areas (including the DST).
- Always ask whether the quoted price already covers the ₱30 documentary stamp.
- Keep the notarised copy pristine; erasures or loose DST stamps cast doubt on authenticity.
- For multiple institutions (passport, SSS, PhilHealth), order extra certified copies right away; it is cheaper than returning later.
Disclaimer
This article is for general informational purposes and does not constitute legal advice. Fees and procedures may change when a new notarial-fee schedule is issued by the local Executive Judge. For a specific situation, consult a Philippine lawyer or the local Clerk of Court.