Notary Public in the Philippines: Requirements, Common Documents, and Fees
Introduction
In the Philippines, a Notary Public is a public officer authorized by law to perform notarial acts, which primarily involve authenticating documents, administering oaths, and certifying the execution of legal instruments. This role is crucial in ensuring the integrity, authenticity, and legality of documents used in various transactions, both personal and commercial. The notarial system in the Philippines is rooted in civil law traditions and is regulated by the Supreme Court through the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended. These rules aim to prevent fraud, protect the public, and maintain the sanctity of notarized documents.
Notaries Public in the Philippines must be lawyers, distinguishing the system from common law jurisdictions like the United States, where non-lawyers can often serve as notaries. The commission is granted for a limited term and is jurisdiction-specific, typically limited to a particular judicial region or city/municipality. Notarization transforms a private document into a public one, making it admissible in court without further proof of authenticity, subject to certain exceptions.
This article comprehensively covers the requirements for becoming a Notary Public, the common documents they handle, and the associated fees, all within the Philippine legal context. It also touches on duties, prohibitions, and related aspects to provide a complete overview.
Requirements for Appointment as a Notary Public
To qualify as a Notary Public in the Philippines, an individual must meet stringent criteria set by the Supreme Court. These requirements ensure that only competent and ethical professionals are entrusted with notarial duties. The key qualifications include:
Citizenship and Residency: The applicant must be a Filipino citizen and a resident of the Philippines. Dual citizens may apply, but they must comply with Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act) and renounce foreign allegiance if necessary for public office.
Age: The applicant must be at least 21 years old.
Professional Qualification: The applicant must be a member of the Philippine Bar in good standing. This means they must have passed the Bar examinations, been admitted to the Bar by the Supreme Court, and maintained active membership with the Integrated Bar of the Philippines (IBP). Non-lawyers are ineligible, as notarial practice is considered an extension of legal practice.
Moral Character: The applicant must not have been convicted of any crime involving moral turpitude, such as fraud, deceit, or dishonesty. They must also not have been administratively sanctioned for serious misconduct.
No Prior Revocation: The applicant's previous notarial commission, if any, must not have been revoked or suspended for cause.
Competence and Training: Applicants are expected to demonstrate knowledge of notarial laws and procedures. While not always mandatory, attendance at seminars or training programs on notarial practice is often required or recommended by the Executive Judge.
These requirements are non-negotiable, and failure to meet any one disqualifies the applicant. The Supreme Court emphasizes ethical standards to uphold public trust in the notarial system.
Application Process and Commission
The process to become a Notary Public is judicial in nature and involves the following steps:
Petition Filing: The applicant files a verified petition with the Executive Judge of the Regional Trial Court (RTC) in the city or province where they intend to practice. The petition must include personal details, proof of qualifications (e.g., Bar certificate, IBP certificate of good standing), and endorsements from at least two IBP members.
Publication and Notice: The petition is published in a newspaper of general circulation in the area, and notices are posted in conspicuous places. This allows for objections from the public or interested parties.
Hearing and Investigation: The Executive Judge conducts a hearing to verify the applicant's qualifications and investigate any objections. The Office of the Bar Confidant may also provide input.
Approval and Oath: If approved, the applicant takes an oath before the Executive Judge and receives a notarial commission valid for two years, renewable upon application. The commission specifies the territorial jurisdiction, usually the city/municipality of the RTC branch.
Notarial Register and Seal: Upon commissioning, the notary must obtain a notarial register (a bound book for recording acts) and a dry seal from authorized engravers. The register must be submitted annually to the Clerk of Court for inspection.
Renewal follows a similar process but is generally faster if the notary has no violations. The Supreme Court may revoke commissions for violations, and notaries must report changes in address or status.
Duties and Responsibilities
Notaries Public have a fiduciary duty to the public and must perform their functions with utmost diligence. Key duties include:
Authentication: Verifying the identity of signatories using competent evidence (e.g., government-issued IDs) and ensuring they understand the document.
Administering Oaths and Affirmations: For affidavits and sworn statements.
Certifying Copies: Attesting that a copy is a true reproduction of the original.
Recording Acts: Every notarial act must be entered in the notarial register, including details like date, parties, and document type.
Safekeeping: Notaries must keep originals or copies securely and submit reports to the Clerk of Court.
Notaries must act impartially, avoid conflicts of interest, and ensure documents comply with laws (e.g., no illegal provisions).
Common Notarial Acts and Documents
Notaries handle a wide array of documents essential for legal, business, and personal matters. Common notarial acts fall into two categories: acknowledgments (where the signer affirms execution) and jurats (where the signer swears to the truth of the contents). Below is a comprehensive list of frequently notarized documents:
Affidavits: Sworn statements used for various purposes, such as Affidavit of Loss (for lost documents like IDs or titles), Affidavit of Support (for visa applications), Affidavit of Desistance (to withdraw complaints), and Judicial Affidavits (for court proceedings under A.M. No. 12-8-8-SC).
Deeds and Conveyances: Deed of Absolute Sale (for property transfers), Deed of Donation, Deed of Assignment, and Mortgage Deeds. These are critical for real estate transactions and must comply with the Civil Code and property laws.
Contracts and Agreements: Lease Contracts, Partnership Agreements, Loan Agreements, and Compromise Agreements. Notarization adds enforceability and evidentiary value.
Powers of Attorney: Special Power of Attorney (SPA) for specific acts (e.g., selling property) and General Power of Attorney (GPA) for broader authority. These are common for overseas Filipinos (OFWs) or absentee principals.
Corporate Documents: Articles of Incorporation, Board Resolutions, Stock Transfer Certificates, and Secretary's Certificates. Notarization is required for SEC filings.
Wills and Estates: Extrajudicial Settlement of Estate (for intestate succession) and Last Will and Testament (though holographic wills need not be notarized, notarial wills must be).
Acknowledgments and Certifications: For foreign use, such as Authentication for Apostille under the Apostille Convention (handled post-notarization by DFA). Also, certifications of true copies of diplomas, transcripts, or public documents.
Other Specialized Documents: Medical Certificates, Police Clearances (for authentication), Adoption Papers, and Marriage Contracts (though primarily handled by civil registrars, amendments may require notarization).
Notaries must ensure documents are in proper form, with required stamps (e.g., documentary stamp tax) and signatures. For documents intended for international use, additional authentication or apostille is needed.
Notarial Fees
Notarial fees in the Philippines are regulated by the Supreme Court to prevent overcharging and ensure accessibility. The standard fees are outlined in Section 1, Rule VI of the 2004 Rules on Notarial Practice, with no recent major amendments as of my last knowledge update. Fees are per document or act, not per signature, and notaries may not charge more than prescribed without justification (e.g., for complex documents). Indigent clients may request fee waivers.
Here is a breakdown of common fees (in Philippine Pesos, PHP):
| Notarial Act/Document Type | Fee Range |
|---|---|
| Acknowledgment (e.g., deeds, contracts) | PHP 50–300, depending on document value: - Up to PHP 5,000: PHP 50 - PHP 5,001–50,000: PHP 100 - Over PHP 50,000: Up to PHP 300 or 1% of value (capped) |
| Jurat (e.g., affidavits) | PHP 50 per document |
| Certification of True Copy | PHP 50 per page |
| Oath or Affirmation (without document) | PHP 50 |
| Signature Witnessing | PHP 50 per signature |
| Special Power of Attorney | PHP 100–200 |
| Deed of Sale/Donation | PHP 200–500, based on property value (e.g., 2% of fair market value, but notarization fee separate from taxes) |
| Extrajudicial Settlement | PHP 300–500 |
| Corporate Documents (e.g., resolutions) | PHP 100–300 |
Additional charges may apply for travel (if outside the office, up to PHP 500), urgency, or voluminous documents, but these must be reasonable and disclosed. Documentary Stamp Tax (DST) under the Tax Code (e.g., PHP 30 for affidavits, 0.75% for deeds) is separate and paid to the BIR. Notaries must issue official receipts and remit a portion of fees to the IBP or Judiciary Development Fund.
Overcharging is punishable, and notaries must display fee schedules in their offices.
Prohibitions, Penalties, and Ethical Considerations
Notaries are prohibited from:
Notarizing documents where they or relatives are parties (conflict of interest).
Performing acts outside their jurisdiction.
Notarizing incomplete or unsigned documents.
Using expired commissions or falsifying entries.
Engaging in unauthorized practice of law (e.g., drafting documents without being the client's lawyer).
Violations can lead to revocation of commission, disbarment, fines (up to PHP 50,000), or criminal charges (e.g., falsification under the Revised Penal Code). The Supreme Court handles complaints through administrative proceedings.
Ethically, notaries must maintain confidentiality, avoid solicitation, and report irregularities. Continuing legal education (MCLE) includes notarial topics.
Conclusion
The role of a Notary Public in the Philippines is integral to the legal system, facilitating secure transactions and reducing litigation through authenticated documents. By adhering to strict requirements, handling common documents with care, and charging regulated fees, notaries uphold justice and public welfare. Individuals seeking notarial services should verify the notary's commission and ensure compliance with all legal formalities. For updates or specific cases, consulting the Supreme Court rules or a legal professional is advisable.