1) Why notary fees matter for promissory notes
A promissory note is a written promise to pay a sum of money—either on demand or at a fixed/ascertainable time—usually with interest and other loan terms. In the Philippines, promissory notes are commonly used for:
- personal and business loans
- bank borrowings and credit lines
- corporate financing and shareholder loans
- installment purchases and “IOU”-type obligations formalized into a note
Notarization is often requested because it strengthens the document’s evidentiary value and helps reduce disputes about authenticity and execution. But notarization is not always legally required, and fees are not always uniform—so understanding what you’re paying for (and what you should expect) matters.
2) Is notarization required for a promissory note to be valid?
A. General rule: No
A promissory note does not have to be notarized to be valid as a contract or even as a negotiable instrument, so long as it meets the basic legal requirements (consent, object/consideration, and the formal requirements applicable to the instrument you’re using).
B. Why parties still notarize
Notarization is commonly done because it:
Converts a private document into a public document A notarized instrument is generally treated as a public document, giving it stronger evidentiary weight in court.
Creates a presumption of due execution and authenticity A notarized promissory note is harder to deny later. A borrower who claims “that’s not my signature” faces a higher hurdle when the note is notarized.
Helps with bank/internal compliance and collection strategy Banks and financing companies often require notarization as part of standard documentation and risk controls.
C. When notarization becomes practically important
Notarization becomes especially important when the promissory note is paired with or supports other documents that do commonly require notarization for registration/enforcement purposes, such as:
- real estate mortgage
- chattel mortgage
- deed of assignment of receivables
- suretyship/guaranty documents (often notarized for evidentiary strength)
Even then, it’s usually the security document (e.g., mortgage) that is critical to notarize/record—not the promissory note by itself—though lenders may notarize both.
3) What kind of notarization is used for promissory notes?
Promissory notes are typically notarized via an acknowledgment (not a jurat).
- Acknowledgment: the signer confirms to the notary that the signature is voluntary and that the signer executed the document.
- Jurat: the signer swears to the truth of statements in a document (more common for affidavits).
Most promissory notes are promises/undertakings, not sworn factual narratives—so acknowledgment is the norm.
4) The legal framework: what regulates notarial acts and fees
A. Notarial practice rules
Notarial practice is governed primarily by the 2004 Rules on Notarial Practice and Supreme Court rules and issuances implementing and enforcing them. These rules cover:
- personal appearance requirement
- competent evidence of identity
- notarial registers and recordkeeping
- prohibited acts and disciplinary consequences
- general standards for charging fees (reasonableness, proper receipting, and avoiding improper arrangements)
B. Are notary fees fixed by law nationwide?
In practice, notary fees are not uniformly fixed nationwide by a single, always-applied national schedule for every transaction type and value bracket. Instead:
- notaries must generally charge reasonable fees consistent with professional standards and local practice; and
- local norms can influence pricing (e.g., city/municipality, business district vs. province, complexity, urgency, number of signers, travel)
Some localities, bar groups, or professional circles may publish recommended ranges, but these are often not universally mandatory and can vary.
Bottom line: expect variability, but also expect professionalism, transparency, and receipts.
5) Typical notary fee ranges for promissory notes (market practice)
Because fees differ by locality and circumstances, the most useful way to understand “what to expect” is by typical market patterns:
A. Straightforward single promissory note, 1–2 signers
Often priced as a “basic document” notarization.
- Common in many areas: a few hundred pesos per document/signature set
- In high-cost business districts: can be higher, especially for rush service
B. Multiple signers, multiple pages, or multiple originals
Fees often increase with:
- each additional signer
- each additional original copy (e.g., lender copy + borrower copy + guarantor copy)
- additional pages (especially if the notary’s practice is to price per page beyond a baseline)
C. With guarantors/sureties and multiple documents
If you notarize a promissory note plus a suretyship/guaranty, disclosure statements, board resolutions, secretary’s certificates, etc., fees are typically computed per document.
D. Out-of-office or mobile notarization
Notarization outside the notary’s regular office commonly costs more due to travel time and logistics. Fees can include:
- a higher base notarial fee, plus
- a travel/transport component
6) What drives the price: fee factors you should understand
A notary’s pricing commonly reflects some combination of:
- Type of notarial act (acknowledgment vs jurat vs copy certification)
- Number of signers and whether they all appear properly
- Number of pages and attachments
- Number of originals you need notarized
- Urgency / after-hours / weekend service
- Location / travel requirements
- Identity verification complexity (e.g., elderly signers, inconsistent IDs, special circumstances)
- Document risk profile (high-value loan, multiple parties, corporate signatories with authority documents to review)
A legitimate notary fee is not “paying for a signature stamp”—it’s paying for the notary’s compliance work, identity screening, formalities, and accountability.
7) Costs people confuse with notary fees (but are different)
A. Documentary Stamp Tax (DST)
Promissory notes and loan instruments may trigger DST under tax rules, depending on how the obligation is structured. DST is a tax—not a notarial charge—and is paid/handled separately (often by the lender, borrower, or whoever the agreement assigns).
B. Registration fees (if there is collateral)
If the promissory note is secured by a mortgage or chattel mortgage, you may encounter:
- Registry of Deeds fees (real estate mortgage)
- LTO/Chattel Mortgage Registry fees (for chattel mortgage, depending on setup)
- annotation and documentary requirements
These are separate from notary fees.
C. Legal drafting / attorney’s fees
If a lawyer drafts or customizes the promissory note (especially for complex deals), drafting fees are separate from notarization.
8) Who pays the notary fee?
There’s no universal rule; it’s a matter of agreement and market practice:
- In consumer lending, borrowers often shoulder documentary and notarial costs.
- In negotiated commercial transactions, parties may split or allocate costs.
- Many promissory notes contain a clause that assigns “documentation and notarial expenses” to the borrower.
What matters is that it’s clear in writing (or clear in the lender’s disclosures) to avoid disputes.
9) What a proper notarization should look like (and what you should receive)
A valid notarization isn’t just a stamp. Expect the following:
Personal appearance of each signer before the notary
Competent evidence of identity (usually government-issued ID with photo and signature)
The notary completes the notarial certificate (acknowledgment) correctly:
- date and place
- names of signers
- details required by the certificate form
Entry in the notarial register
The notary signs and affixes seal
You receive a properly notarized original, and in many cases, a receipt (best practice, and often expected for transparency)
If any signer is not present, or IDs are not acceptable, a compliant notary should refuse.
10) Red flags: when the “notary fee” is a warning sign
Be cautious if you see any of these:
- “Pirma na lang, i-stamp ko na” even if the signer is absent
- Notary agrees to notarize based on a photo of the ID only, without personal appearance
- Pre-signed documents being notarized later without the signer present
- Notary cannot show a proper office setup or is operating like a “stamp-for-hire” service
- Refusal to issue any receipt or record (where customary/required for transparency)
- The notarial certificate is incomplete or generic without specifics
Aside from risking unenforceability or evidentiary problems, improper notarization can expose parties to litigation headaches and can create serious professional liability for the notary.
11) Practical tips to control cost and avoid delays
- Bring all signers together at the same time if possible.
- Bring valid government IDs; ensure names match the document.
- Decide how many original notarized copies you truly need.
- Keep attachments organized and final—avoid last-minute edits after notarization.
- If corporate signatories are involved, prepare proof of authority (e.g., secretary’s certificate/board resolution) early.
12) Frequently asked questions
“If it isn’t notarized, can I still sue to collect?”
Yes. You can still sue based on an unnotarized promissory note, but you may face more issues proving execution/authenticity if the signature is disputed.
“Does notarization make collection automatic?”
No. Notarization strengthens evidence; it does not eliminate the need for proper demand, proof of default, and (when necessary) court or lawful enforcement processes.
“Is the fee based on the loan amount?”
Often, notarial fees are based on document/signature complexity rather than the loan amount, but some notaries price higher for high-value or high-risk documents. Local practice varies.
“Can a notary notarize a promissory note signed abroad?”
Generally, the signing must be notarized by a competent authority where it was executed (e.g., a foreign notary or a Philippine consular officer), depending on the intended use and authentication requirements.
13) Key takeaways
- A promissory note is usually valid even without notarization, but notarization materially improves its evidentiary strength.
- Notary fees in the Philippines are commonly variable and driven by practical factors (signers, pages, copies, urgency, travel, locality).
- Distinguish notary fees from DST, registration fees, and drafting fees.
- Proper notarization requires personal appearance, identity verification, correct certificates, and register entry—not just a stamp.
If you want, share a brief description of your promissory note setup (number of signers, city/municipality, whether there are guarantors, and how many originals you need), and a fee checklist can be mapped out so you can sanity-check any quote you’re given.