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 services and their fees are governed by Republic Act No. 9048 (An Act Authorizing the Civil Registrar General to Administer Oaths) and the Supreme Court’s Rule on Notarial Practice (A.M. No. 02-8-13-SC), which is the official rulebook for notaries public. The guidelines on notarial fees are specifically outlined in Circular No. 73-2014, issued by the Supreme Court of the Philippines.

This circular provides the official schedule of notarial fees, which must be followed by all notaries public in the country. It is important to note that while the law sets limits on the fees, notaries public are still free to charge lower fees depending on the nature and complexity of the service being provided.

Basic Notarial Fees

The notarial fees in the Philippines typically depend on the type of document to be notarized, as well as its purpose. Below is a summary of the general fees:

1. Acknowledgment

Acknowledgment is the process where the individual signing the document affirms the authenticity of their signature in the presence of the notary. The standard notarial fee for an acknowledgment is:

P150 per document.

2. Oaths and Affirmations

A notary may be required to administer an oath or affirmation to an individual. The standard fee for taking an oath or affirmation is:

P150 per person.

3. Affidavits

An affidavit is a sworn written statement made voluntarily by an individual under oath. The notarial fee for affidavits depends on the complexity of the document:

P150 per affidavit.

4. Certified True Copies

When a notary is asked to certify a true copy of a document, the fee is typically:

P150 per document, plus an additional P50 per page for larger documents.

5. Other Notarial Acts

For any other notarial acts (such as protesting a negotiable instrument, powers of attorney, etc.), the fee may vary depending on the complexity of the document and the amount of time it takes to process. The general range for such services is:

P150 to P200 per document.

Additional Fees

In addition to the basic notarial fees, a notary public may charge additional fees for the following:

Traveling Fees: If the notary public needs to travel to a client's location, an additional fee may be charged, which will be based on the distance traveled. Generally, the fee will range from P100 to P500, depending on how far the notary has to travel.
Special Services: Some notaries may charge for other special services, such as drafting documents, making certified copies, or assisting with more complex notarial acts. These fees may be negotiated on a case-by-case basis.

Limitations on Notarial Fees

The Supreme Court Circular No. 73-2014 provides the following important limitations regarding notarial fees:

The fees for notarizing documents should not exceed P200 for the first page of a document, and P50 for each additional page.
For some types of documents, especially in cases of notarizing large volumes of documents (such as corporate papers), notaries may agree to a reduced fee based on the volume.

Violations and Penalties

Notaries public are expected to adhere strictly to the prescribed fee schedule. Overcharging or charging fees not covered by the law may result in penalties. Notaries found guilty of violating the fee structure or engaging in any fraudulent or unlawful conduct may face:

Administrative sanctions, such as the suspension or revocation of their notarial commission.
Criminal charges if there is evidence of deliberate overcharging or fraud.

The Supreme Court can discipline erring notaries, with penalties ranging from fines to permanent disqualification from holding the office.

Other Considerations

Payment: Notaries public may require payment of fees before performing notarial services. This is generally done through cash or other legal forms of payment, although online payments have also become common in some areas.
Identification Requirements: A notary may refuse to notarize a document if the person appearing before them does not have valid identification. Valid IDs are necessary to ensure that the signer is properly identified.
Use of Notarial Stamps: Notaries must affix a notarial seal or stamp to each notarized document, ensuring its authenticity. This stamp contains the notary's name, commission number, and expiration date.
Record Keeping: Notaries are required by law to maintain a journal of all notarial acts performed. This journal should include details such as the type of document notarized, the date, the names of the parties involved, and the fee charged.
Prohibited Acts: Some acts are strictly prohibited under Philippine law for notaries public. This includes notarizing a document that they themselves have prepared, notarizing a document where the notary is a party to the transaction, or notarizing documents without the presence of the signer.

Conclusion

Notary public fees in the Philippines are subject to clear regulations to ensure fairness and transparency in the notarial process. While the fees for common notarial acts such as acknowledgments and affidavits typically range from P150 to P200, additional fees may be charged for travel or special services. It is important for notaries public to follow the prescribed fee structure to avoid administrative or legal penalties. Similarly, individuals seeking notarial services should be aware of the standard fees to ensure they are not overcharged for routine services.

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