Notarization Venue Requirements for a Deed of Donation of Real Property (Philippines)

Donating land or any real property in the Philippines isn’t just about intent—it must comply with form and venue rules so the donation is valid, registrable, and taxable without hiccups. This guide explains, in Philippine context, everything you need to know about where and how to notarize a Deed of Donation (DoD) of real property.

1) Core legal form: donation of immovables must be a public instrument

A donation of immovable property must be in a public instrument (i.e., notarized), describing the property and accepted by the donee in the same instrument or in a separate public instrument with proper notice to the donor.
Without notarization (or proper acceptance), the donation is void as to the real property component and cannot be registered.

Practical takeaway: For land, notarization is not optional—it is the form that makes the donation legally operative and registrable.

2) “Venue” in notarization: where the notarial act happens

A. Territorial limits of the notary

A notary public may perform notarial acts only within the territorial jurisdiction for which the notary is commissioned (e.g., City of Makati, or a particular Province).
The personal appearance of the signatory(ies) must occur within that jurisdiction at the time of notarization.

B. The venue line in the acknowledgment

The acknowledgment block begins with: REPUBLIC OF THE PHILIPPINES) CITY/PROVINCE OF ____ ) S.S.
This must reflect the actual city/province where the notarization occurred and where the notary is commissioned.
If a Makati-commissioned notary notarizes the deed in Quezon City, the act is improper (and registrars often reject it). The venue line should not say “Quezon City” unless the notary is commissioned there and the parties appeared there.

C. Where the property lies is irrelevant to venue

The property can be in Cebu, while the deed is notarized in Davao—that’s fine. What matters is that the notary acts within his/her commission area and the parties personally appeared there.

3) Personal appearance & identification: non-negotiables

Physical personal appearance before the notary is the default rule. Each signatory must present competent evidence of identity (e.g., valid government ID with photo/signature).
No “courier notarization” or “signature by proxy” for acknowledgments.
Remote/e-notarization is not generally available unless under specific Supreme Court–authorized programs; assume in-person appearance is required.
If a party cannot write, a thumbmark may be used with required witnesses/notation.

4) Multiple signers in different places: venue strategies

You have three compliant ways to deal with donors/donees who are not in the same city:

Same-instrument, same notary
- All signers appear before one notary in that notary’s city/province.
- Cleanest for registries, but requires travel or scheduling.
**Same instrument, acknowledgment on different days before the same notary
- Allowed if each appears in person before that notary within the commission area; notary records each appearance with dates/IDs in the notarial register.
- Ensure the notary is comfortable with staggered appearances.
Separate instruments (acceptance separate)
- The donor executes a Deed of Donation (public instrument, notarized where the donor appears).
- The donee issues a separate public instrument of Acceptance, notarized where the donee appears.
- The donee’s acceptance must be notified to the donor in authentic form, and this step must be noted in both instruments.
- This is the standard workaround when parties are in different localities or abroad.

Tip: If there are several donees scattered nationwide, separate notarized acceptances (with proper donor notice) simplify logistics.

5) Donors or donees abroad

You have two compliant routes if a party is overseas:

Philippine Consulate/Embassy
- Execute the deed (or acceptance) before a Philippine consular officer.
- This produces a Philippine public document. Venue in the acknowledgment properly shows the foreign city and country (e.g., “Republic of the Philippines — Consulate General, Dubai, UAE”).
Foreign notary + Apostille/Consular authentication
- Execute before a local foreign notary; obtain Apostille (if the country is a Hague Apostille member) or Philippine consular authentication (if not).
- Registries and BIR typically require the apostilled/consularized original (plus certified copies).
- If not in English/Filipino, attach a sworn translation.

Venue note: The venue is the place of notarization (consulate or foreign locality), which is acceptable in the Philippines once properly apostilled/consularized.

6) Corporate, spousal, and co-ownership wrinkles (venue unaffected)

Corporations/associations as donors: The authorized corporate officer personally appears and signs within the notary’s commission area; attach board resolution and secretary’s certificate.
Spousal consent (if the property is conjugal/community): The consenting spouse must personally appear before the notary (or execute a separate notarized consent/joinder). The venue rule stays the same.
Co-owners: Each co-owner may either appear before the same notary or execute separate notarized deeds/acceptances, with proper cross-references and notices.

7) Acknowledgment vs. jurat (why it matters for land)

Deeds of Donation of real property require an acknowledgment, not a jurat.
An acknowledgment certifies that the signatory personally appeared and acknowledged that the instrument is his/her free act and deed.
Instruments affecting title (sale, donation, mortgage) need an acknowledgment for registrability with the Registry of Deeds. The venue line sits in the acknowledgment.

8) What registries and BIR look for (venue-related)

Proper venue in the acknowledgment (city/province matches the notary’s commission and actual act).
Notary’s complete details: commission number/expiry, office address, PTR/IBP (as applicable), and notarial register entry number and page.
Competent evidence of identity entries for each appearing party.
No erasures or conflicting venue lines (e.g., “Makati” in the heading but “Quezon City” in the notary’s seal) — these are common causes of rejection.
If notarized abroad: apostille/consularization and, if needed, translation.

Key point: The Registry of Deeds in the province/city where the land is located will register the donation regardless of where the notarization occurred, so long as the notarization was valid in that venue.

9) Taxes & local clearances (venue independent, but timing matters)

Donor’s Tax (national) applies to gifts of real property; file and pay within statutory periods, using the Fair Market Value (zonal/assessor’s whichever is higher) as the base, subject to exemptions/thresholds.
Transfer Tax (LGU) and Assessor updates follow property location, not the notarization venue.
No need to notarize in the same LGU as the property; just pay the right offices for the province/city where the land sits.

10) Common venue mistakes (and how to avoid them)

Wrong venue in the acknowledgment.
- Fix: Make sure the venue line states the actual city/province where you appear and where the notary is commissioned.
Notary acting outside commission.
- Fix: Verify the notary’s commission covers the venue (ask to see the commission certificate).
All parties signed elsewhere; nobody actually appeared.
- Fix: Everyone who signed must personally appear for acknowledgment (signing can occur earlier, but acknowledgment must be in-person).
Inconsistent notarial seal vs. venue text.
- Fix: The notary’s seal and the acknowledgment’s venue should refer to the same locality.
Trying to “hand-carry” a foreign-notarized deed without apostille/authentication.
- Fix: Secure Apostille/consularization before submitting to BIR/Registry.
Mismatching separate acceptances and donor notice.
- Fix: If donee accepts in a separate instrument, ensure authentic notice to the donor is made and noted in both documents.

11) Sample acknowledgment clauses (illustrative)

A. Domestic notarization (donor and donee both appeared in Davao City)

REPUBLIC OF THE PHILIPPINES )
CITY OF DAVAO              ) S.S.

BEFORE ME, a Notary Public for and in the City of Davao, personally appeared:
  [Donor’s Name], ID No. _________, on ________;
  [Donee’s Name], ID No. _________, on ________;
known to me and to me known to be the same persons who executed the foregoing Deed of Donation
... [standard acknowledgment text] ...
WITNESS MY HAND AND SEAL this ___ day of ______, 20__, in Davao City, Philippines.

B. Separate acceptance (donee in Quezon City)

Donor’s Deed of Donation notarized in Cebu City.
Donee’s Acceptance notarized in Quezon City with paragraph: “Notice of this acceptance in authentic form has this day been served upon the Donor, which fact shall be noted in both instruments pursuant to law.”

C. Consular acknowledgment (donee abroad)

Venue shows the foreign post:

REPUBLIC OF THE PHILIPPINES )
PHILIPPINE CONSULATE GENERAL )
CITY OF DUBAI, UNITED ARAB EMIRATES ) S.S.

Attach the consular certificate; registries/BIR will accept upon consularization (or Apostille route if applicable).

12) Quick checklist before you notarize

The correct notary (commission covers the city/province where you will appear).
Venue line matches the actual place of notarization.
All signers (or their authorized agents with express authority) will personally appear with valid IDs.
Property details: TCT/CCT No., location, area, technical description if available.
Donee’s acceptance included in the same instrument or in a separate notarized acceptance with authentic notice to donor.
If abroad: Apostille/consularization plan confirmed.
Names, statuses (civil status, citizenship), and tax identification information ready for BIR filings (post-notarization).
No conflicting venue text vs. notary seal; notary register will reflect your appearance.

13) Bottom line

The venue for notarizing a Deed of Donation is the place where the parties personally appear before a notary who is commissioned for that same locality—not the place where the property is located.
Correct venue wording in the acknowledgment and in-person appearance are essential for validity and registrability.
When parties are in different places (or abroad), use separate acceptances or consular/apostille routes, making sure authentic notice to the donor is made and noted.

This article provides general information and is not a substitute for legal advice tailored to your facts. When in doubt (e.g., overseas parties, multiple donees, corporate donors), consult counsel or your local registrar for pre-filing review.