Notary Fees for a Waiver of Rights in the Philippines
A comprehensive Philippine-law primer (2025 edition)
1. The “waiver of rights” and why it must be notarized
A waiver (or quitclaim) of rights is a written, voluntary renunciation of a legal right or interest—common examples are:
| Typical context | Examples of rights waived | Why notarization is required |
|---|---|---|
| Inheritance / estate | Heirs waive hereditary share in favour of co-heir or buyer | Public instrument needed for registration with the Register of Deeds and for estate‐tax processing |
| Co-ownership of real property | Co-owner waives undivided share so another may consolidate title | Deed of conveyance must be acknowledged to be valid against third persons (Art. 1358, Civil Code) |
| Employment quitclaim | Employee waives money claims on separation | Public document increases evidentiary value and shifts burden when validity is challenged |
| Intellectual-property assignment | Author waives economic rights, retains moral rights | For recordation before IPOPHL |
Under Article 1358 (Civil Code) deeds affecting real rights or amounts ≥ ₱500 “must appear in a public instrument,” which, in practice, means acknowledgment before a notary public.
2. Legal framework for notarial fees
| Source | Key provisions relevant to fees |
|---|---|
| 2004 Rules on Notarial Practice (Rule VIII) | • Notary may charge up to the maximum fees set by the Supreme Court or by an Integrated Bar of the Philippines (IBP) chapter schedule approved by the Executive Judge. • Schedule must be posted in a conspicuous place in the notary’s office/vehicle. |
| Code of Professional Responsibility & Accountability (2023) | • Charging “unconscionable fees” is professional misconduct. • Lawyer-notaries must issue official receipts under the Tax Code. |
| Local ordinances / IBP chapter schedules (e.g., QC Ordinance SP-91-2018; IBP Manila 2022 schedule) | • Empower LGUs/IBP chapters to recommend ceilings higher than the national baseline to reflect cost of living. |
| BIR Documentary Stamp Tax (NIRC § 188) | • EVERY notarized original instrument pays ₱30 DST—not part of the notary fee, but usually settled together. |
3. The baseline fee schedule (common nationwide practice)
While amounts differ a little by city, most courts approved schedules in force for 2025 are variants of the template below (all figures in Philippine pesos):
| Notarial act | Standard maximum | Notes |
|---|---|---|
| Acknowledgment (first signature) | ₱200 | A waiver of rights is notarized under this category. |
| Additional signatory on the same document | 50–100 | Each co-heir, spouse, attorney-in-fact, etc. |
| Jurat / sworn statement | 150–200 | Simple affidavits attached to the waiver (e.g., proof of publication) |
| Certification of copy | 50 per page | Charged when notary provides certified true copies. |
| Travel / mobile fee | Actual travel cost + 200–500 per trip | Must be agreed upon in writing; barred when office is open. |
| Remote / video-conference notarization (Interim OCA Circular 335-2020) | Base fee + up to 30 % | Allowed only while pandemic-era circular remains in force; still needs paper originals afterwards. |
Practice tip: Legitimate notaries stick to the posted schedule; many will bundle fees (e.g., ₱300 “all in” for a two-signatory quitclaim) covering DST, photocopies, and scanning—but they must still issue a breakdown on the official receipt.
4. When higher (ad-valorem) fees apply
Some IBP chapter schedules authorize graduated fees when the notarized instrument transfers or waives a specific monetary or real-property interest. A waiver embedded in an extrajudicial settlement of estate or a deed of donation often triggers this scale:
| Amount/value affected | Additional fee (on top of base ₱200) |
|---|---|
| Up to ₱100,000 | +₱300 |
| ₱100,001 – ₱1 M | +₱600 |
| Over ₱1 M | 0.1 % of the value waived, cap ₱10,000 |
These ceilings cannot be exceeded without prior approval of the Executive Judge; otherwise the notary risks suspension and revocation of commission.
5. Other costs often mistaken for “notary fees”
| Charge | Who collects | Typical amount | Relevance to waiver |
|---|---|---|---|
| Register of Deeds registration fee | RD cashier | ≈ 0.25 % of assessed value + IT fee | Needed if the waiver concerns real property under Torrens title. |
| Estate tax (BIR) | BIR | 6 % of net estate | Payable before a waiver by heir is honored by RD/LGU. |
| Capital gains tax / donor’s tax | BIR | 6 % / graduated | Applies if waiver functions as a disguised sale or donation. |
| LGU transfer tax | City/municipality | 0.5 %–0.75 % | Paid upon registration of conveyance. |
Notaries should explain the distinction: they collect only the notarial fee and DST—all other taxes are remitted directly by the parties or their representatives.
6. Indigents, OFWs, and fee exemptions
- RA 6033 (Free Legal Assistance Act) empowers courts to compel duty lawyers to notarize for pauper litigants gratis.
- Public Attorneys Office (PAO) may notarize affidavits and waivers without fee for qualified indigents.
- Philippine consular officers abroad act as notaries for OFWs—fees are set in USD under the DFA Consular Fees Schedule (≈ USD 25 per acknowledgment).
7. Compliance checklist for clients
Inspect the notary’s commission (should be current calendar year, displayed).
Verify your government-issued IDs (both signatories need one each, photocopies retained).
Check that the Official Receipt shows:
- Notarial fee (exact amount)
- Documentary stamp tax (₱30)
- VAT, if the notary is VAT-registered.
Collect a notarized original (with dry seal & rubber stamp entry) and at least one certified photocopy.
For land-related waivers, secure a Notarial Certificate of Authority from the RTC (some RDs still require it, especially where the notary’s signature is unfamiliar).
8. Penalties for overcharging & defective notarization
| Infraction | Administrative sanction | Typical Supreme Court disposition |
|---|---|---|
| Charging beyond approved schedule | Suspension of notarial commission 6 months – 2 years;₱5k-₱20k fine | e.g., Domingo v. Torrevillas, A.C. 9912 (2014) |
| No notarial register entry / fake signatures | Disbarment or suspension from the practice of law | e.g., Sison v. David, A.C. 10084 (2018) |
| Failure to remit DST | BIR compromise penalties + surcharge | Liability is personal to the signatory/taxpayer, but notary often impleaded. |
9. Frequently asked questions
| Question | Short answer |
|---|---|
| Can I insist on paying less than the posted fee? | No; the posted figure is already the maximum. Charging less is allowed, but the notary decides—many give discounts for multiple documents signed in one sitting. |
| Is e-notarization now permanent? | The 2020 interim rules remain in place pending the Supreme Court’s full e-notary rules; check that your RD or government office accepts e-notarized deeds before choosing this route. |
| Do I need my spouse’s signature? | If the waiver disposes of conjugal/community property, yes (Art. 96/124, Family Code). Notary will refuse if consort is absent without SPA. |
| What if the notary is also my lawyer? | Ethical but the lawyer must clearly separate professional fee (for legal drafting/advice) from the notarial fee (for the acknowledgment itself). |
10. Key take-aways
- Know the ceiling. For a simple waiver of rights, ₱200–₱300 per signatory plus ₱30 DST is standard almost everywhere in 2025.
- Ask for a receipt and look for the posted schedule—your best protection against overcharging.
- Remember the add-ons. Notary fees are only one slice of the cost pie; taxes and registration fees often dwarf them.
- Choose a reputable notary. A defective acknowledgment can nullify your waiver, undoing the transaction and exposing you to tax surcharges or litigation.
This article is for general information only and does not constitute legal advice. For specific situations, consult a Philippine lawyer or your local IBP chapter.