Notary Fees for Survey Field Notes in the Philippines: A Comprehensive Legal Guide
Prepared for geodetic engineers, land owners, real-estate practitioners, and members of the Philippine Bar who handle land-survey documents.
1. What Are “Survey Field Notes”?
Survey field notes are the bound or sealed notebooks, loose-leaf sheets, or digital print-outs where a Geodetic Engineer (GE) records the raw observations gathered in the field—bearings, distances, elevations, monument descriptions, weather, and sketch diagrams. Under § 30, Republic Act 8560 (the “Philippine Geodetic Engineering Act of 1998”), a GE must sign and seal the field notes, survey returns, and plan. Before these may be filed with the Department of Environment and Natural Resources (DENR)—Land Management Bureau (LMB) or with the Land Registration Authority (LRA), they must be subscribed and sworn to—hence the need for notarization.
2. Why Must They Be Notarized?
| Purpose | Governing rule | Consequence of no notarization |
|---|---|---|
| Authenticates the GE’s sworn statement that the notes are true and correct | Rule 74, 2004 Rules on Notarial Practice (RNP) – “Jurat” | LMB/LRA will return or suspend the survey; land titling or subdivision approval stalls |
| Makes the document “public” under § 19, Rule 132, Rules of Court | Evidentiary weight; admissible without further proof | Notes treated as private writing, requiring proof of due execution |
| Triggers documentary stamp tax and official recording in the Notarial Register | § 188, National Internal Revenue Code (NIRC) | DST evasion exposes the filer and notary to surcharge/interest |
3. Legal Framework Regulating Notarial Fees
2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC)
- Rule XI § 1 – A notary public may charge “reasonable fees” but must post a schedule in a conspicuous place in the office.
- Rule XI § 2 – Fees *“shall not exceed those prescribed by the Supreme Court.”
Rule 141, Rules of Court (Legal Fees) – Sec. 12 lists the schedule for notarial acts when performed by clerks of court ex officio; the same figures are treated as the ceiling for private notaries unless a lower amount is fixed by local ordinance.
Local Government Code – Cities/municipalities may, by ordinance, impose a maximum cap for notarization done inside their halls (commonly ₱100–₱150 per document).
Professional Tax & VAT – Notaries are self-employed lawyers:
- If annual gross receipts ≤ ₱3 million, they pay 3 % percentage tax under § 116, NIRC.
- If > ₱3 million, they must add 12 % VAT, which may appear as a separate line on the Official Receipt.
4. Typical Fee Components for Survey Field Notes
| Item | Typical range (Metro Manila)¹ | Remarks |
|---|---|---|
| Notarial Fee (Jurat) | ₱ 150 – ₱ 300 | Ceiling in many posted schedules = ₱200 |
| Documentary Stamp Tax (DST) | ₱ 30 | Fixed by § 188, NIRC |
| Copy/certification fee (per extra page) | ₱ 50 – ₱ 100 | Optional; for certified photocopies |
| Travel fee (field/mobile notarization) | ₱ 500 – ₱ 2 000 | Rule XI § 3, RNP – must be agreed beforehand |
| Barangay/City permit surcharge (for mass notarization clinics) | ₱ 10 – ₱ 50 | If local ordinance so provides |
¹ Outside Metro Manila the basic jurat may still be ₱100 or lower, especially in municipal halls or “Justice on Wheels” events.
5. Procedure Checklist for the Geodetic Engineer
Prepare the Notes – Pages numbered, signed, and sealed (dry seal or embossed stamp).
Appear Before the Notary – Bring PRC ID, government-issued ID, and Community Tax Certificate (CEDULA) if required locally.
Notary Performs Jurat –
- Checks identity and authority (valid GE license).
- Administers oath (“Do you swear…?”).
- Completes jurat portion: document title, page count, date, place, notarial commission number and expiration.
Payment & Receipts –
- Pay notarial fee + DST.
- Receive Official Receipt (BIR-registered) and, if asked, a separate DST strip (blue documentary stamp) affixed to the notes.
Get Notarial Register Entry Details – Helpful when LMB/LRA auditors verify authenticity.
6. Fee-Related Pitfalls and How to Avoid Them
| Pitfall | Effect | Preventive Action |
|---|---|---|
| Overcharging beyond posted schedule | Administrative sanction vs. notary (reprimand, suspension) & refusal of documents | Ask to see posted fee schedule; insist on receipt |
| Unclear travel-fee agreement | Subsequent billing disputes | Execute a simple engagement form specifying travel costs |
| Missing DST | LRA/LMB returns documents; BIR imposes 25 % surcharge + 20 % interest | Always buy DST in advance or request the notary to affix it |
| Notary outside territorial jurisdiction | Jurat void; docs treated as private writings | Verify commission city/province printed in jurat |
| Unsigned/unstamped pages | Partial invalidity; docketing delay | Request notary to stamp all inter-leaved pages or apply a marginal seal |
7. Penalties & Administrative Remedies
- Revocation of Notarial Commission – For overpricing, forging signatures, or notarizing without personal appearance (Rule XI § 4, RNP).
- BIR Penalties – For failure to remit DST within five (5) days of notarization (§ 200, NIRC).
- PRC Sanctions on GE – For submitting unauthenticated notes, punishable under § 32, RA 8560 (fine up to ₱100 000 and/or suspension of license).
8. Frequently Asked Questions
Are notarial fees VAT-inclusive? Ask for the notary’s BIR registration. If VAT-registered, the OR will show “12 % VAT” over and above the posted fee.
Can a Barangay Captain notarize? No. Only lawyers duly commissioned as Notaries Public, Clerks of Court ex officio, and certain foreign-service officers abroad may notarize.
Is apostille or consular authentication needed? Only if the survey field notes will be presented abroad (e.g., for OFW mortgage of Philippine land). Domestic filing requires only local notarization.
Are survey field notes exempt from DST if notarized by a government lawyer? No. The DST is due on the document, not on the person officiating (unless a specific exemption applies, e.g., HUDCC socialized housing).
9. Sample Costing Scenario (Metro Manila, 2025)
| Particulars | Amount |
|---|---|
| Jurat fee (1 notebook) | ₱ 200 |
| Documentary Stamp Tax | ₱ 30 |
| Certified photocopy for LRA (10 pp @ ₱50) | ₱ 500 |
| Travel fee (within NCR) | ₱ 1 000 |
| TOTAL | ₱ 1 730 |
(No VAT added because notary’s annual gross is under ₱3 million.)
10. Best Practices & Practical Tips
- Bundle Documents – Combine field notes, survey plan, and computations under one jurat when allowed; you pay DST once.
- Schedule Early – LMB and Register of Deeds can reject documents if the jurat date post-dates the GE’s seal expiration.
- Retain a Digital Copy – Scan the notarized notes; attach the PDF to your e-submissions (eSAPS or LAMS-DENR).
- Monitor Notary’s Commission Expiry – A jurat taken after the notary’s commission lapses is void ab initio.
- Claim OR & Notarial Register No. – Some examiners call the notary to verify entry numbers.
11. Conclusion
Notarizing survey field notes is more than a perfunctory step—it anchors the credibility of geodetic data in the Philippine titling and cadastral system. While fees are modest, ignorance of the governing rules on notarial practice, DST, and local ordinances can derail an otherwise valid survey. By understanding the fee structure, legal foundations, and common pitfalls outlined above, both geodetic engineers and land owners can navigate the process smoothly, stay compliant, and avoid costly delays.
This material is for educational purposes only and does not constitute legal advice. For specific transactions, consult a Philippine lawyer or the concerned government agency.