Notary Public Fees Philippines

Notary Public Fees in the Philippines: A Comprehensive Overview

A Notary Public is an official authorized by the government to serve as an impartial witness in legal matters, primarily for the purpose of certifying documents, administering oaths, and performing other related functions as prescribed by law. In the Philippines, the fees for notarial services are regulated to ensure that they remain fair and accessible to the public while allowing notaries to earn a reasonable compensation for their services.

Legal Basis for Notary Public Fees in the Philippines

In the Philippines, notarial practice is governed primarily by the Supreme Court’s 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended, which is the official rulebook for notaries public.

Under the Rules, a notary public may charge the maximum fee prescribed by the Supreme Court, unless the notary waives the fee in whole or in part. The Rules also provide that no fee or compensation of any kind, except those expressly prescribed and allowed, shall be collected or received for any notarial service.

Basic Notarial Fees

The notarial fees in the Philippines typically depend on the type of notarial act and the document involved. The Rules recognize the following notarial acts:

1. Acknowledgment

Acknowledgment is the process where the individual signing the document appears before the notary, is properly identified, and affirms that the signature on the document was voluntarily affixed for the purposes stated in the document.

2. Oaths and Affirmations

A notary may be required to administer an oath or affirmation to an individual. The person must appear before the notary and be personally known to the notary or identified through competent evidence of identity.

3. Jurats and Affidavits

An affidavit is a sworn written statement made voluntarily by an individual under oath. A jurat involves the person appearing before the notary, being properly identified, and avowing under penalty of law to the truth of the contents of the document.

4. Copy Certifications

When a notary is asked to certify a copy of a document, the notary must compare the document with the copy and determine that the copy is accurate and complete.

5. Other Notarial Acts

Other notarial acts may include signature witnessings and other acts authorized by the Rules.

Additional Fees

In addition to notarial fees, a notary public may charge travel fees and expenses separate from the notarial fees when traveling to perform a notarial act, but only if the notary public and the person requesting the notarial act agree before the travel.

A notary public should not collect any fee or compensation for notarial services except those expressly prescribed and allowed. As amended, the Rules also prohibit charging fees for the digitization of instruments or documents, or for their transmittal, storage, disposal, or other processing connected with digitization.

Limitations on Notarial Fees

The 2004 Rules on Notarial Practice provide the following important limitations regarding notarial fees:

• A notary public may charge only the maximum fee prescribed by the Supreme Court, unless the fee is waived in whole or in part.
• No fee or compensation of any kind, except those expressly prescribed and allowed, may be collected or received for any notarial service.
• A notary public who charges a fee for notarial services must issue a receipt registered with the Bureau of Internal Revenue and keep a journal of notarial fees.
• A notary public must post in a conspicuous place in the office a complete schedule of chargeable notarial fees.

Violations and Penalties

Notaries public are expected to adhere strictly to the 2004 Rules on Notarial Practice. Violations may result in administrative sanctions, including revocation of the notarial commission or other appropriate disciplinary action.

The Rules allow the Executive Judge to revoke the commission of, or impose administrative sanctions on, a notary public who fails to keep a notarial register, fails to make proper entries, fails to require the personal presence of a principal, fails to properly identify a principal, executes a false or incomplete certificate, or knowingly performs any other act prohibited by the Rules.

Some acts, such as knowingly impersonating a notary public, knowingly obtaining or destroying a notary’s seal or records, or knowingly influencing a notary public to commit official misconduct, may also lead to prosecution.

Other Considerations

1. Payment: A notary public should not require payment of fees before performing the notarial act unless otherwise agreed upon.

2. Identification Requirements: A notary may refuse to notarize a document if the person appearing before the notary is not personally known to the notary or is not identified through competent evidence of identity.

3. Use of Notarial Seal: Notaries must affix their official signature and official seal in accordance with the Rules. The notarial certificate must contain required information such as the notary public’s name, commission details, commission expiration date, office address, roll of attorney’s number, professional tax receipt information, and IBP membership number.

4. Record Keeping: Notaries are required to maintain a notarial register of all notarial acts performed. This register should include details such as the date and time of the notarial act, the type of notarial act, the title or description of the document, the names and addresses of the parties, the competent evidence of identity, the fee charged, and the place where the notarization was performed if outside the notary’s regular place of work or business.

5. Prohibited Acts: A notary public should not notarize a document if the signatory is not personally present at the time of notarization or is not properly identified. A notary public is also disqualified from notarizing a document if the notary is a party to the document, will receive an improper benefit beyond what is allowed by law and the Rules, or is related to the principal within the degree specified in the Rules. A notary public should not notarize a blank or incomplete document or a document without appropriate notarial certification.

Conclusion

Notary public fees in the Philippines are subject to regulation under the 2004 Rules on Notarial Practice, as amended. While a notary public may charge fees for notarial services, such fees must be limited to those prescribed and allowed by the Rules, and the notary may waive the fee in whole or in part. Travel fees may be charged separately when agreed upon before travel.

It is important for notaries public to follow the prescribed rules to avoid administrative or legal consequences. Similarly, individuals seeking notarial services should be aware that notaries must observe proper identification, personal appearance, record-keeping, receipt, and fee-posting requirements.

As with all legal services, individuals and businesses should always consult a licensed and duly commissioned notary public and ensure that they receive a proper, legally recognized service.