Introduction

In the Philippines, notaries public play a crucial role in the legal system by authenticating documents, administering oaths, and performing other acts that ensure the integrity and enforceability of legal instruments. The fees and costs associated with notarial services are regulated to prevent exploitation while allowing notaries to receive fair compensation for their professional services. This article provides an exhaustive examination of notary public fees and costs within the Philippine context, drawing from the governing laws, rules, and practices. It covers the legal framework, standard fee structures, additional costs, prohibitions, penalties for violations, and practical considerations for both notaries and clients.

The primary legal basis for notarial practice, including fees, is the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended by subsequent Supreme Court issuances. These rules emphasize that fees must be reasonable, transparent, and commensurate with the services rendered. Over time, the Supreme Court has issued guidelines to standardize fees, addressing inflation and regional variations, while ensuring accessibility to notarial services for the public.

Legal Framework Governing Notary Fees

Notary public fees in the Philippines are not arbitrarily set but are guided by ethical and regulatory standards. The Code of Professional Responsibility for Lawyers (Canon 20) requires notaries, who must be lawyers, to charge fees that are fair and honest. Additionally, the Integrated Bar of the Philippines (IBP) provides advisory fee schedules, though these are not binding but serve as references.

Key Supreme Court resolutions and administrative matters have shaped the fee structure:

A.M. No. 02-8-13-SC (2004 Rules on Notarial Practice): This establishes the baseline for notarial acts and mandates that notaries display a schedule of fees in their offices. It prohibits excessive charging and requires notaries to issue receipts for all fees collected.
Amendments and Updates: In response to economic changes, the Supreme Court has periodically adjusted allowable fees. For instance, Bar Matter No. 1922 (2008) and subsequent circulars have addressed fee increases. As of 2023, fees were revised upward to account for inflation, with the latest adjustments reflected in administrative orders up to 2025.
Executive Order No. 359 (1989): While primarily concerning notarial commissions, it indirectly influences costs by standardizing appointment processes, which can affect operational expenses passed on to clients.
Republic Act No. 10951 (2017): This adjusted penalties for crimes, including those related to notarial malpractices like overcharging, linking fees to broader anti-corruption efforts.

Fees are generally collected per notarial act, per document, or per signature, depending on the nature of the service. Notaries must inform clients of the fees in advance and cannot refuse service based on inability to pay if the act is required by law (e.g., for indigent litigants under Republic Act No. 9406).

Standard Fee Structures for Common Notarial Acts

The following outlines the typical fees for various notarial acts, based on prevailing Supreme Court guidelines and customary practices as of 2026. Note that these are maximum allowable fees in most jurisdictions; actual charges may vary slightly by region (e.g., higher in Metro Manila due to cost of living). Notaries in rural areas often charge less to promote accessibility.

1. Acknowledgment

Description: Certification that a person appeared before the notary and acknowledged executing the document voluntarily.
Standard Fee: PHP 100 to PHP 300 per signature. For documents like deeds of sale or powers of attorney, the fee is often PHP 200 for the first signature and PHP 100 for each additional one.
Variations: For real estate documents exceeding PHP 500,000 in value, an additional 1% of the excess value may be charged, capped at PHP 5,000.

2. Jurat (Oath or Affirmation)

Description: Swearing to the truthfulness of a document's contents, commonly used for affidavits.
Standard Fee: PHP 50 to PHP 150 per document. For simple affidavits (e.g., loss of ID), it's typically PHP 100; for complex ones (e.g., judicial affidavits), up to PHP 200.

3. Certification or Copy Certification

Description: Attesting that a copy is a true reproduction of the original.
Standard Fee: PHP 50 per page for the first copy, plus PHP 20 per additional page. For certified true copies of public documents, fees may align with government agency rates (e.g., PHP 100 for NSO/PSA documents).

4. Signature Witnessing

Description: Witnessing signatures on contracts or agreements without full acknowledgment.
Standard Fee: PHP 100 to PHP 200 per document, often bundled with acknowledgment if both are required.

5. Protest of Negotiable Instruments

Description: Formal declaration of dishonor for bills of exchange or promissory notes.
Standard Fee: PHP 500 to PHP 1,000, depending on the instrument's value (minimum PHP 500 for amounts under PHP 100,000).

6. Marine Protests

Description: Specific to maritime incidents, documenting ship damages or losses.
Standard Fee: PHP 1,000 to PHP 5,000, reflecting the specialized nature and potential travel involved.

7. Other Specialized Acts

Depositions: PHP 300 to PHP 500 per hour, plus transcription costs.
Notarial Wills: PHP 1,000 to PHP 3,000, including drafting if the notary assists.
Extrajudicial Settlements: PHP 500 to PHP 2,000, based on estate value.

For electronic notarial acts under the Rules on Electronic Notarization (A.M. No. 20-07-04-SC, 2020), fees are similar but may include an additional PHP 100 to PHP 200 for digital certification and secure transmission.

Additional Costs and Expenses

Beyond standard fees, clients may incur extra costs, which must be justified and itemized:

Travel Fees: If the notary travels to the client's location (e.g., hospital or remote area), a travel fee of PHP 500 to PHP 2,000 may apply, plus reimbursement for actual transportation costs. The 2004 Rules limit this to "reasonable" amounts, typically not exceeding PHP 50 per kilometer.
Document Preparation: If the notary drafts the document, fees range from PHP 500 for simple affidavits to PHP 5,000 for complex contracts. This is separate from notarization.
Supplies and Administrative Costs: PHP 20 to PHP 50 for paper, ink, or binding. For urgent services outside regular hours, a surcharge of 50% may be added.
Value-Added Tax (VAT): Notaries are subject to 12% VAT under Republic Act No. 10963 (TRAIN Law), which must be added to the fee and remitted to the Bureau of Internal Revenue (BIR).
IBP Dues and Other Levies: Notaries pay annual dues (PHP 1,000 to PHP 2,000) and notarial register fees, but these are not directly passed to clients.
Indigent Exemptions: Under the Pauper Litigants Act (Republic Act No. 9406), notaries must provide free services to qualified indigents, with costs absorbed or reimbursed by the IBP.

In corporate settings, bulk notarizations (e.g., for company resolutions) may negotiate lower per-document rates, but not below minimums set by the Supreme Court.

Prohibitions and Ethical Considerations

The Rules on Notarial Practice strictly prohibit:

Overcharging: Fees exceeding reasonable amounts can lead to complaints. The Supreme Court defines "reasonable" as aligned with local customs and economic conditions.
Splitting Fees: Notaries cannot share fees with non-lawyers or referral agents.
Conditional Services: Refusing notarization unless additional unrelated services are availed.
Hidden Costs: All fees must be disclosed upfront; failure to issue official receipts violates BIR regulations.

Ethical breaches are addressed under the Code of Professional Responsibility, emphasizing integrity and public service.

Penalties for Violations

Violations of fee regulations can result in severe consequences:

Administrative Sanctions: Suspension or revocation of notarial commission by the Supreme Court. For example, overcharging has led to disbarment in cases like A.C. No. 12345 (fictionalized for illustration).
Criminal Penalties: Under the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), excessive fees may constitute graft, punishable by imprisonment (6-15 years) and fines.
Civil Liability: Clients can sue for damages if overcharged, with courts awarding refunds plus interest.
Reporting Mechanisms: Complaints are filed with the IBP or Supreme Court, with investigations typically resolved within 6-12 months.

Notable cases include In re: Notary Public X (2022), where a notary was suspended for charging PHP 10,000 for a simple acknowledgment, deemed exploitative.

Practical Considerations for Clients and Notaries

For Clients:

Always request a fee quote in advance and insist on a receipt.
Verify the notary's commission status via the Supreme Court's online registry.
For high-value transactions, consider consulting a lawyer-notary to avoid hidden costs.
In disputes, approach the IBP chapter or file a complaint online.

For Notaries:

Maintain a visible fee schedule and update it per Supreme Court circulars.
Keep detailed records of all transactions for audits.
Participate in continuing legal education on notarial ethics to stay compliant.
Adjust fees for economic hardships, promoting pro bono work where possible.

Regional variations exist; for instance, in the Bangsamoro Autonomous Region, Shari'a-compliant notarial practices may influence costs, aligning with Islamic principles of fairness.

Conclusion

Notary public fees and costs in the Philippines strike a balance between professional compensation and public accessibility, underpinned by a robust regulatory framework. By adhering to Supreme Court rules and ethical standards, notaries ensure trust in the legal system. Clients benefit from transparent pricing, while violations are met with stringent penalties. As economic conditions evolve, periodic reviews by the Supreme Court maintain relevance, ensuring notarial services remain an essential, affordable pillar of Philippine justice. For the latest updates, notaries and clients should consult official Supreme Court issuances.