1) What an “open deed of sale” usually means in practice

In Philippine transactions, “open deed of sale” is not a formal legal term, but commonly refers to a deed of sale that is left “open” in a material way, such as:

Blank buyer/transferee name (seller signs a deed with the buyer line empty)
Blank date of execution or date left to be filled later
Blank consideration/price or other essential terms
Signed deed that is not notarized (or notarized later), sometimes kept “ready for transfer”
A deed that was notarized improperly (e.g., parties did not personally appear; backdating)

These “open” deeds show up most often in real estate and motor vehicle sales, but can exist for other property.

2) Why notarization matters: validity vs. registrability vs. enforceability

A. Validity between the parties

Under Philippine civil law principles, a sale is generally valid upon meeting the essential requisites: consent, determinate subject, and price certain (or ascertainable). A written document is often evidence of that agreement, but a sale can exist even without notarization.

B. Why notarization is still a big deal

Notarization changes the legal character of a document:

A notarized deed becomes a public document.
It carries stronger evidentiary weight and is generally admissible without further proof of due execution (subject to challenge).
For certain acts—especially involving real property—a public instrument is crucial for registration and for protecting rights against third persons.

C. Real property: the practical rule

For land/condo sales, notarization is not just “nice to have.” It is typically functionally required because:

The Registry of Deeds generally requires a notarized deed to register a transfer.
The BIR process for transfer taxes and issuance of the certificate authorizing registration (commonly called CAR/eCAR in practice) typically hinges on a deed in acceptable form (commonly notarized).
Without registration, ownership and rights may be vulnerable against third parties who rely on the title and registration system.

3) Core Philippine notarization requirements (and why old “open deeds” create risk)

Notarial practice in the Philippines is governed by the 2004 Rules on Notarial Practice and related Supreme Court issuances and administrative discipline cases. The most important requirements that affect “open deeds from past years” are these:

A. Personal appearance is mandatory

A notary public must notarize only if the signatory personally appears before the notary at the time of notarization.

Implication for old deeds: If the deed was signed years ago and the seller/buyer is not physically present to acknowledge it now, it cannot be properly notarized.

B. Proper identification

The signatory must present competent evidence of identity (acceptable IDs, etc.), and the notary must be satisfied as to identity.

Implication: If the parties can no longer present proper IDs (or one is deceased), notarization becomes complicated or impossible without a new instrument involving the correct parties.

C. The document must be complete—no blanks in material particulars

Notaries are generally prohibited from notarizing documents with blank spaces or incomplete material terms.

Implication: A deed that is “open” (blank buyer name, blank price, blank property details, blank date, etc.) is a red flag and should not be notarized until properly completed and reviewed for accuracy.

D. No backdating / no fake notarial acts

A notary must not make it appear the notarization occurred on an earlier date or without the required formalities. Improper notarization can expose:

The notary public to administrative sanctions (including revocation of commission and disqualification)
The parties and any participants to potential civil, administrative, and even criminal exposure depending on the facts (e.g., falsification scenarios)

Key distinction: It is possible for parties to sign a document earlier and later appear to acknowledge that signature before a notary—but the notarization date should reflect the date of acknowledgment, not an invented earlier date. If a deed is made to look like it was notarized years ago when it wasn’t, that is a serious problem.

4) What happens when you try to notarize an old deed of sale today?

Scenario 1: The parties are alive and available

If both seller and buyer (or their authorized representatives, where legally valid) can personally appear today, then the deed may be notarized today, provided:

The deed is complete (no “open” blanks)
The signatories can show valid IDs
The notary follows the required notarial register procedures

But the dating must be handled carefully:

The deed may state the date it was executed/signed, but the acknowledgment (notarization) will reflect today’s date.
Government agencies (BIR, RD, LTO) may look at these dates differently for tax and procedural purposes.

Scenario 2: One party is deceased

If the seller is dead (common in delayed transfers), you generally cannot “complete” notarization of the old deed in a clean way if it requires the seller’s personal appearance to acknowledge.

Typical lawful pathways instead include:

New deed executed by the seller’s estate/heirs (depending on the situation)
Settlement of estate (extrajudicial settlement or judicial settlement) then transfer, then conveyance
Deed of confirmation/ratification by appropriate successors, when legally proper and factually supported (this is situation-specific)

If the buyer is dead, the buyer’s heirs/estate may need to be involved, depending on what must be accomplished (registration, compliance, etc.).

Scenario 3: The deed was “open” (blank buyer name) and later filled in

This is one of the riskiest forms.

If a seller signs a deed where the buyer/transferee name is blank and someone later fills it in, issues include:

Authenticity and consent questions (did the seller consent to that specific buyer?)
Potential fraud exposure
Notarial compliance problems (a notary should not notarize an instrument that is incomplete or suspicious)

Often the clean remedy is executing a fresh deed or a properly documented confirmation with complete details and proper appearances.

5) Real estate focus: notarization, BIR taxes, and Registry of Deeds realities

When dealing with a deed from past years, the “legal” question (can it be notarized?) is only half the battle. The other half is tax and registration.

A. BIR implications of delayed notarization/registration

In practice, the transfer of real property triggers taxes such as:

Capital Gains Tax (CGT) or Creditable Withholding Tax (CWT) depending on the kind of property and parties
Documentary Stamp Tax (DST)
Local transfer tax, plus other local fees

Delays can lead to:

Surcharges, interest, and penalties for late filing/payment
Scrutiny on the declared date of sale vs. notarization date vs. actual transfer of possession/payment

If a deed from years ago is notarized only now, agencies may treat dates differently depending on the documentation and their rules and assessments. If you are trying to “preserve” an old sale date to avoid penalties, that is an area where bad advice can easily become serious legal exposure if it involves misrepresentation.

B. Registry of Deeds (RD) and the “public instrument” requirement

To register a transfer of title, the RD typically requires:

A deed of conveyance (commonly notarized)
Proof of tax compliance and other clearances
The owner’s duplicate certificate of title (where applicable)
Supporting documents (IDs, corporate authority if corporation, etc.)

If the deed is flawed (open blanks, questionable acknowledgment, wrong parties, missing spousal consent, inconsistent technical descriptions), the RD may deny registration or require corrective instruments.

C. Spousal consent / property regime issues

If the property is community property or conjugal property, the spouse’s participation is often essential. Missing spousal consent can render the transaction vulnerable (void/voidable depending on the fact pattern and law applied), and it commonly becomes a major obstacle when trying to register late.

6) Motor vehicles: why notarization still matters even if it’s “just a car”

For motor vehicle transfers, notarized deeds of sale are commonly required in practice for transfer processing (and for risk management), alongside steps like:

HPG clearance (common)
LTO transfer requirements
IDs, OR/CR, and other documents

Open deeds are common in vehicle buy-and-sell chains (seller signs, buyer name left blank). Risks include:

Liability, traffic violations issues, and ownership disputes
Fraud and falsification risk if details are filled without genuine consent
Problems when the original seller can no longer be located to execute proper documents

Even if a notarized deed exists, if notarization was improper (no personal appearance, fake acknowledgment), the document can be attacked and may create downstream problems.

7) Can you notarize a deed today but keep the “sale date” years ago?

Two separate “dates” matter:

Date of execution/signing (when the parties actually agreed/signed)
Date of acknowledgment/notarization (when the parties appeared before the notary)

A deed can truthfully state that the parties executed the agreement on an earlier date if that is true—but the notarial acknowledgment should reflect the date the notary actually performed the notarial act (i.e., when the parties appeared).

Trying to make it appear that notarization happened years earlier when it did not is a serious legal hazard.

8) Common “fixes” for old/open deeds (conceptual options)

The correct remedy depends on facts, but these are common lawful approaches:

A. Execute a new Deed of Absolute Sale

Often the cleanest solution when:

The original deed was open/incomplete
The parties can still sign and appear
There are errors in descriptions or parties

B. Deed of Confirmation / Ratification

Sometimes used to confirm an earlier sale, clarify details, or correct defects—typically safer when:

There is strong evidence of the earlier transaction
The confirming parties have legal capacity/authority to confirm
The instrument is drafted carefully to avoid misrepresentation

C. Corrective deed (for technical errors)

Used for:

Typographical mistakes
Technical description corrections
Clarification of boundaries/identifiers (Still must comply with notarization rules.)

D. If a party is dead: estate/authority route

You may need:

Estate settlement documentation
Authority of heirs/administrator/executor
Proper conveyance instruments involving the correct legal parties

9) Red flags that usually require a lawyer’s handling (not DIY)

Seller/buyer is deceased or missing
Deed has blank buyer name or other material blanks
Property is titled but seller’s spouse didn’t sign
Multiple transfers happened “off-paper” (chains of unregistered sales)
There are inconsistencies in title number, technical description, or owner identity
The deed was already “notarized” but looks suspicious (wrong place, wrong dates, no notarial details, notary is unknown/untraceable)

10) Practical checklist: what a “properly notarizable” deed should have

Before notarization, ensure:

Full and correct names of parties, civil status, nationality, and addresses
Complete property/vehicle description (title/lot details or vehicle make/chassis/engine, etc.)
Price/consideration and payment terms (or clear statement of consideration)
Date and place of execution (truthful)
Signatures of required parties (including spouse where needed)
Government-issued IDs available for each signatory
No blank spaces; no handwritten insertions that are not properly initialed/confirmed
If representative signing: written authority (SPA/board resolution) and ID compliance
For real estate: alignment with title technical description and tax declaration

11) Bottom line

An old “open deed of sale” is usually problematic not because “old documents can’t be notarized,” but because proper notarization requires present-day compliance: personal appearance, identity checks, and a complete, non-suspicious instrument—plus tax and registration realities that don’t disappear just because the parties delayed paperwork.

If the deed is merely “old but complete,” it may still be notarizable today (with today’s acknowledgment date). If it is “open” (blank buyer/date/price) or one party is deceased/unavailable, the safer route is typically a new properly executed instrument or an estate/confirmation framework that matches the facts and law.