Notary Public Fees for Debt Demand Letters in the Philippines

Overview

A debt demand letter is a written notice asking a debtor to pay an obligation by a specified date, often as a prerequisite to filing suit (e.g., small claims or collection) or to support claims for interest, damages, or attorney’s fees. Philippine law does not require demand letters to be notarized. Notarization is optional, but it can add evidentiary weight: the letter becomes a public document, enjoys a presumption of due execution and authenticity of the signatures, and is entered in the notary’s register.

Because notarization is optional, there is no single government-set price specifically for “notarized demand letters.” Fees are governed by the rules on notarial practice and the general standards for attorney’s fees, with local variation.


What You’re Paying For

When people say “notary fee for a demand letter,” they may mean one, two, or all of the following distinct services:

  1. Drafting the demand letter (legal service).

    • Professional fee for the lawyer’s time, research, and customization (facts, claims, computation of amounts due, legal bases, remedies, and deadlines).
    • This is separate from any notarial fee.
  2. Notarization (notarial act).

    • The fee for the actual acknowledgment (typical for letters) or jurat (if the letter is in affidavit form), including entry in the notarial register and issuance of a notarial certificate.
  3. Ancillary services (if requested):

    • Service/dispatch of the letter (registered mail, courier, personal service) and proof of service (registry receipts, return cards, process server’s affidavit).
    • Documentary stamp tax (DST), if applicable (most demand letters do not attract DST; it applies to specified instruments, not to ordinary correspondence).
    • Copies/certified photocopies from the notarial register (if later needed).

Legal Framework & Constraints (Plain-English)

  • Rules on Notarial Practice. Notaries are commissioned by the Executive Judge and may notarize only within the city/province of their commission. Personal appearance of the signatory and competent evidence of identity (CEI) are mandatory.
  • Disqualifications. A notary cannot notarize if they are a party to the document, have a disqualifying interest, or the signer is a relative within prohibited degrees.
  • Form. The notarial certificate must state the venue (city/province), date, the type of notarial act (acknowledgment or jurat), and the CEI details.
  • Ethical fee standards. Attorney and notarial fees must be reasonable, considering complexity, time, skill required, importance, and customary charges in the locality (per the lawyer’s code of ethics).
  • Receipting & taxes. Law offices issue official receipts. Fees may be subject to VAT (if the firm is VAT-registered) and to expanded withholding tax (if the payer is a business). Individuals paying out-of-pocket typically are not withholding agents.

Typical Fee Structures You’ll Encounter

The figures below are practical ranges observed nationwide; actual quotes vary by city, firm size, and complexity. Urban centers and large firms tend to charge more; simple walk-in notarizations at small offices charge less.

  1. Notarization only (you bring a finished letter):

    • ₱200 – ₱1,000 for a straightforward acknowledgment of a one- to two-page letter signed by an individual.
    • ₱500 – ₱2,000+ if the signer is a company representative (often requires a Secretary’s Certificate/Board Resolution) or if multiple signers or duplicate originals are involved.
  2. Drafting + Notarization (lawyer prepares the letter):

    • ₱1,500 – ₱8,000+ for a tailored letter that states the facts, cites the contract and law, computes amounts due (principal, interest, penalties), sets a clear deadline, and warns of remedies (e.g., small claims, collection suit, replevin, foreclosure, or criminal action if appropriate).
    • Complexity (e.g., multiple contracts, corporate counterparties, cross-defaults, or foreign elements) can push fees higher.
  3. Service & Proof of Service (add-ons):

    • ₱200 – ₱1,000 for preparation of registry receipts/return cards and an affidavit of service, plus courier/postal charges at cost.
    • If personal service is arranged, a process server’s fee may be quoted.

Tip: Ask whether the quote is per document, per signer, per copy, and whether it includes IDs screening and register entry. Multiple original copies usually add a per-copy notarial charge.


When Notarization Helps (and When It Doesn’t)

  • Helps:

    • Establishing a clear, provable date of demand (key for default, interest accrual, and contractual penalties).
    • Small Claims and collection suits: courts often ask for proof of prior demand; a notarized letter with registry receipts/return card or courier proof is tidy evidence.
    • Corporate counterparties: some in-house teams take notarized demands more seriously.
  • Doesn’t Add Much:

    • If you already have solid written acknowledgments from the debtor or the debt is undisputed, notarization of the demand itself is seldom outcome-determinative.
    • Electronic demands (email with read receipts, messaging logs) can also prove demand—though they lack the formal presumption attached to notarized public documents.

Practical Checklist (So You Don’t Pay Twice)

  1. Bring proper IDs: At least one government-issued photo ID (two is safer). For corporate signers, bring the Secretary’s Certificate/Board Resolution authorizing the signatory, plus company ID.

  2. Sign in front of the notary. Never sign beforehand; the notary must witness your signing (or acknowledge your signature, depending on the act).

  3. Confirm the notary’s jurisdiction. The notary must be commissioned in the same city/province where the notarization occurs.

  4. Decide on service mode: Registered mail (with registry receipt and return card), reputable courier (keep tracking and delivery proofs), or personal service with affidavit of service.

  5. Ask for an official receipt and keep:

    • The notarized original(s),
    • Register entry number,
    • Mailing/courier proofs, and
    • Computation sheet (if the letter states amounts due).

Cost-Control Tips

  • Use a clear template to reduce drafting time, then pay only for review/tailoring and notarization.
  • Bundle: If you need multiple letters to several debtors with similar facts, ask for a package rate.
  • Limit copies to what you truly need (court, debtor, your file).
  • Coordinate IDs and authorities in advance to avoid repeat visits (and repeat fees).

Common Pitfalls (and How to Avoid Them)

  • No personal appearance / improper ID. Leads to refusal or a void notarization. Always appear in person with CEI.
  • Wrong venue or roaming notaries. Notaries may not notarize outside their commissioned territory.
  • Incomplete corporate authority. For companies, attach the authorizing resolution; for partnerships, partner authorization.
  • Ambiguous demand. State amounts, basis, deadline (a specific date), and consequences.
  • Skipping proof of service. Without registry/courier proofs, you lose the strongest evidence that demand was made.

Sample Fee Breakdown (Illustrative Only)

  • Drafting of one (1) two-page demand letter tailored to facts and contract: ₱2,500
  • Notarization (acknowledgment, one individual signer, one original): ₱500
  • Registered mail to debtor’s address (postage at cost) + affidavit of service: ₱350
  • Estimated total: ₱3,350 (+ VAT/withholding if applicable)

Real-world quotes vary. Always request a written quotation and scope before proceeding.


FAQs

Is a notarized demand letter required before filing a Small Claims case? A prior written demand is typically required; notarization isn’t mandated but improves formality and proof.

Can a notary draft my letter? Most Philippine notaries are lawyers and can draft for a professional fee. Some offices will only notarize documents you prepared.

Will the notary’s fee include mailing? Usually no—service costs are separate. Clarify if you want the office to handle dispatch and prepare proof of service.

Can I email the demand instead? Yes, but keep evidence (headers, timestamps, read receipts). For maximum formality, combine notarized letter + registered mail.

Can a barangay office notarize my letter? Barangay officials can certify certain matters, but notarial acts are performed by commissioned notaries (lawyers) only.


Bottom Line

  • Notarization is optional for debt demand letters but often strategically useful.
  • Expect separate charges for drafting, notarization, and service, with wide local variation.
  • Bring proper IDs, ensure personal appearance, and keep proof of service.
  • Ask for a clear, written quote to avoid surprises—and remember that “notarial fee” ≠ “drafting fee.”

If you’d like, I can draft a tailored demand letter (with amounts, deadlines, and remedies) that you can take to a nearby notary, and I’ll include a ready-to-use affidavit of service template.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.