A practical legal article on what is possible, what is not, and how to do it correctly under Philippine practice.

1) What people usually mean by an “old open deed of sale”

In Philippine conveyancing practice, “open deed of sale” is not a formal legal term. It commonly refers to any of these situations:

Unnotarized deed signed years ago (private document): The parties signed a deed of absolute sale long ago but never had it notarized, so the buyer cannot register it with the Registry of Deeds.
Deed with blanks or “left open”: The document may have missing details (date, consideration, buyer’s name, technical description, TCT number, etc.) and was kept “ready” for later completion.
A deed that was signed but not acknowledged before a notary: The signatures are there, but the signatories did not personally appear before the notary at the time.
A deed used as a shortcut (sometimes for convenience, sometimes to avoid taxes): e.g., seller signs, buyer’s name left blank; or a deed is dated earlier than the true sale.

Each scenario has different legal consequences. The biggest dividing line is: are the seller(s) and buyer(s) still able and willing to personally appear and acknowledge the instrument today? If yes, many issues are solvable. If no, the solution often shifts from “notarization” to re-execution, ratification, settlement of estate, or court action.

2) The core legal idea: a sale can be valid even without notarization

Under Philippine civil law principles, a sale is generally consensual: it is perfected by meeting of minds on the object and the price. In many real-world cases, an unnotarized deed (or even receipts and possession) may prove a sale between the parties.

However, for real property, notarization and registration matter because:

A deed in a public instrument form is typically required for smooth registration and for stronger enforceability against third parties.
Registration in the Registry of Deeds is what gives powerful protection against later claims (including later buyers in good faith).

So, notarization is often not what “creates” the sale—rather, it is what upgrades the document into a public instrument that can be registered and relied upon more safely.

3) What notarization actually does (and does not do)

What notarization does

When properly done, notarization:

Converts a private document into a public document.
Gives the document evidentiary weight (a presumption of due execution and authenticity).
Makes it typically acceptable for registration and for government processes that require notarized instruments.

What notarization does NOT do

Notarization does not:

Fix a void sale (e.g., seller had no authority, forged signatures, no consent, prohibited sale).
Cure lack of spousal consent where required.
Automatically transfer title without tax compliance and registration.
Legitimize backdating or false statements.

4) The “hard rule”: you cannot notarize without personal appearance and proper acknowledgment

A notary public must require personal appearance of the signatories (or their authorized representatives with valid authority) and must perform a proper acknowledgment—meaning the signatories confirm that they voluntarily signed the document.

Practical consequence for “old deeds”

If the parties can appear today, they can acknowledge today—even if they signed years ago.
If the parties cannot appear (dead, missing, abroad without proper procedure, unwilling), the notary should not notarize that deed as though they appeared.

If a notary notarizes without personal appearance or without proper identification, the notarization can be attacked, and the notary can face serious administrative sanctions—and in some cases criminal exposure if the act involves falsification.

5) Can you notarize today a deed that was signed years ago?

Yes—if done honestly and correctly

It is generally possible to notarize today provided:

The instrument is complete and accurate, and
The signatories personally appear today, present competent proof of identity, and
They acknowledge the instrument today.

Key point: The document becomes a public document as of the notarization date, not “as of” the old signing date.

The critical caution: do not backdate the notarization

Backdating is the most common legal pitfall with old deeds. A proper notarial certificate reflects:

the date and place the acknowledgment is taken, and
that the signatories appeared on that date.

A notary should not certify that the parties appeared on an earlier date if they did not.

6) What if the deed itself is dated years ago?

This is where people get confused: the deed may contain a line like “Signed this ___ day of ___ 2010” even if it is notarized in 2026.

A safer way to handle it

Common lawful approaches include:

Update the deed date to the actual date of execution/acknowledgment and reflect the true transaction story in the body (e.g., acknowledging earlier payment/possession).
Or execute a new document such as a Deed of Absolute Sale (re-execution) or Deed of Confirmation/Ratification that references the earlier private sale and confirms it today.

What matters is that the notarial certificate truthfully states when the parties appeared and acknowledged.

7) If the “open deed” has blanks, that is a major red flag

A deed of sale should clearly identify:

parties (names, citizenship, civil status, address),
the property (TCT/OCT number, technical description, location),
consideration (price) and how paid,
marital consent (if applicable),
authority (if signed by attorney-in-fact or corporate signatory).

Legal problems with blanks

If essential terms are missing or later filled in without authority, the document can be attacked for lack of consent, fraud, or even falsification depending on what was altered and how.
A “buyer’s name left blank” arrangement is especially risky because it can resemble an unauthorized assignment or an attempt to create a transfer without a real meeting of minds.

Bottom line: If it is “open” because it is incomplete, the best practice is usually re-drafting and re-signing cleanly, not “patching” an old incomplete form.

8) If the seller is dead, you generally cannot just notarize the old deed

If the seller has died, personal appearance is impossible. What happens next depends on the facts:

Scenario A: Seller signed a valid deed while alive, but it was never notarized

Options often include:

Settlement of estate (extrajudicial settlement or judicial) where the heirs/executor recognize the sale and execute a Deed of Confirmation or conveyance consistent with the decedent’s obligations.
An action for specific performance to compel heirs/estate to honor a valid sale, if supported by evidence (payments, possession, receipts, prior documents).

Scenario B: Seller never signed, or signature is doubtful

This becomes a much harder problem and may require:

court action (and possibly handwriting/signature verification),
or a completely different settlement route.

In practice, when a signatory is deceased, “notarizing the old deed” is usually not the right framing; the real issue is how to document and enforce the transfer through the estate.

9) If the seller is abroad (or the buyer is abroad)

There are lawful ways to complete notarization without flying everyone home, but it must be done correctly:

Common lawful routes

Philippine Consular notarization (acknowledgment before a Philippine consular officer) for documents executed abroad.
Use of an SPA (Special Power of Attorney) executed and properly authenticated/apostilled as required, allowing a representative in the Philippines to sign/acknowledge.
For foreign notarization, documents may need to comply with authentication rules (today often via apostille, depending on country and document type), and local registries/BIR may have practical requirements.

Because registry and tax offices can be strict on format, it’s best to align the document and authentication method with the intended end-use (BIR eCAR, Registry of Deeds).

10) Taxes and registration: the most common “surprise” with old deeds

Even if notarization is solved, you still need to deal with BIR and local taxes before the Registry of Deeds will transfer title.

Typically required (real property sale)

Capital Gains Tax (CGT) or Creditable Withholding Tax (CWT) depending on classification and circumstances,
Documentary Stamp Tax (DST),
Transfer tax (local government),
Registration fees and documentary requirements at the Registry of Deeds,
Issuance of eCAR (BIR electronic Certificate Authorizing Registration) or the current equivalent authorization required for transfer.

Special issue with “old” transactions

If the true sale happened years ago, late filing can trigger surcharges, interest, and penalties. Some parties try to avoid this by “making it look recent.” That creates serious legal risk if it involves false dating or false statements.

A practical, legally safer approach is to align the paperwork with the truthful history and deal with the tax consequences properly, sometimes via a confirmation deed and supporting proof of earlier payment/possession—while recognizing that tax authorities may still apply their own rules on what date controls for tax purposes.

11) Registration risk if you delay: the double-sale problem

With real property, failing to register promptly can expose the buyer to the risk that:

the seller sells again to another buyer, and
the later buyer registers first (and is in good faith).

Philippine law has rules on double sales, and registration often becomes decisive for land covered by Torrens titles. This is why the “old deed” problem is not just a paperwork nuisance—it can become a priority and ownership dispute.

12) A step-by-step practical roadmap (best practice)

Step 1: Diagnose what you have

Is the deed complete?
Are the signatures genuine and intact?
Are the parties alive, available, and willing?
Is the title still in the seller’s name?
Any liens/encumbrances, adverse claims, annotations, or competing transfers?

Step 2: Choose the correct documentation strategy

If both parties can appear today and deed is clean:

Notarize today with truthful acknowledgment, then proceed to BIR/LGU/RD.

If deed is incomplete, altered, or “open”:

Re-draft and re-execute a clean Deed of Absolute Sale or a Deed of Confirmation (depending on what truly happened).

If a party is dead/unavailable:

Shift to estate settlement, authority documents, or court action for enforcement/specific performance.

Step 3: Align authority and marital/ownership requirements

Typical issues:

Spousal consent for married sellers (property regime matters).
Co-ownership: all co-owners must sign, or proper authority must exist.
Corporation/partnership: need board/secretary’s certificate or authority and proper signatory.
Attorney-in-fact: SPA must be valid and sufficient.

Step 4: Taxes and eCAR, then Registry of Deeds

Pay BIR taxes and secure the required transfer clearance/eCAR.
Pay local transfer tax and obtain clearances.
File with RD for issuance of new TCT/OCT in buyer’s name.

13) Common illegal or high-risk moves to avoid

Backdating the notarial act or pretending the parties appeared earlier.
Notarizing when a party did not personally appear.
Using someone else to sign without a valid SPA.
Filling blanks after signature without clear authority/consent.
Misstating the purchase price or date to reduce taxes.

These practices can lead to document invalidation, administrative penalties, and potentially criminal exposure depending on the facts.

14) What to prepare for a proper notarization (typical checklist)

Notaries and registries commonly expect:

Government IDs (valid, photo and signature).
TIN numbers and details for tax forms.
Owner’s duplicate certificate of title (for titled land) and latest tax declaration (often asked in practice).
Proof of authority (SPA, board resolution, secretary’s certificate) if signing for someone else.
For married parties: marriage details and spouse appearance/consent where required.
Complete property details (TCT/OCT number, technical description).

15) When you should treat this as a legal case, not a notarization errand

Consider formal legal help when:

Seller is deceased or missing.
Title is no longer in seller’s name or has adverse annotations.
There are heirs disputing the sale.
Document appears altered, has blanks, or signatures are questionable.
There is a risk of double sale or competing claims.
The property is part of an estate/community property/co-ownership with incomplete consents.

16) Practical conclusion

Notarizing an old deed of sale in the present is often possible only if the signatories can lawfully acknowledge it today and the document is complete and truthful. If the deed is “open” (incomplete) or a signatory is unavailable, the correct solution is usually re-execution, confirmation through proper authority, estate settlement documentation, or court enforcement—not a shortcut notarization.

Because the end-goal is almost always title transfer, always plan notarization together with tax compliance and Registry of Deeds requirements, and avoid any approach that relies on false dating or non-appearance—those shortcuts tend to explode later, usually when the property is being sold again, mortgaged, inherited, or litigated.

This article is for general information in Philippine context and is not a substitute for advice on specific facts (especially where estate issues, marital property, authority to sell, or competing title claims are involved).