Process for Notarizing Affidavits and Documents in the Philippines

Process for Notarizing Affidavits and Documents in the Philippines

Introduction

Notarization is a critical legal process in the Philippines that authenticates documents and affidavits, ensuring their validity and admissibility in legal proceedings. It serves to prevent fraud, verify the identity of signatories, and confirm the voluntary execution of instruments. Governed primarily by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended, notarization in the country is performed exclusively by notaries public who are qualified lawyers commissioned by the Supreme Court. This article provides a comprehensive overview of the notarization process for affidavits and other documents, including requirements, procedures, fees, special considerations, and recent developments such as remote notarization.

Legal Framework and Authority of Notaries Public

The notarization process in the Philippines is regulated by the Supreme Court through the Rules on Notarial Practice. Notaries public must be members of the Philippine Bar in good standing and are appointed for a term of two years, renewable upon application. Their jurisdiction is typically limited to the territorial boundaries of the commissioning court, usually a Regional Trial Court (RTC) or the Supreme Court for notaries in the National Capital Region.

Key distinctions in notarization include:

• Acknowledgment: Used for documents like deeds of sale, contracts, or powers of attorney, where the notary certifies that the signatory appeared before them, acknowledged the instrument as their free act, and was identified properly.
• Jurat: Applied to affidavits and sworn statements, where the signatory swears or affirms the truth of the contents under oath, administered by the notary.

Notaries are prohibited from notarizing documents in which they or their relatives have a direct interest, and they must maintain a notarial register to record all acts performed.

Requirements for Notarization

To notarize an affidavit or document, several prerequisites must be met:

1. Personal Appearance: The signatory (known as the principal or affiant) must physically appear before the notary. This ensures the notary can verify identity and assess capacity and voluntariness. Exceptions exist for remote notarization (discussed below).

2. Competent Evidence of Identity: The signatory must present at least one current government-issued identification document bearing a photograph and signature. Acceptable IDs include:

   • Philippine Passport
   • Driver's License issued by the Land Transportation Office (LTO)
   • Professional Regulation Commission (PRC) ID
   • Voter's ID from the Commission on Elections (COMELEC)
   • Unified Multi-Purpose ID (UMID)
   • PhilHealth ID
   • Senior Citizen ID
   • Postal ID

   If the ID is insufficient or questionable, the notary may require two witnesses who personally know the signatory and can present their own valid IDs.

3. Document Preparation: The document or affidavit must be complete, with no blanks except for signatures. For affidavits, the content must include a statement of facts, the affiant's declaration of truthfulness, and a jurat clause. Documents requiring acknowledgment should include an acknowledgment clause.

4. Capacity and Voluntariness: The signatory must be of legal age (18 years or older), of sound mind, and acting voluntarily without duress. Notaries must refuse service if they suspect incapacity or coercion.

5. Community Tax Certificate (CTC): Also known as a cedula, this is required for most notarial acts as proof of residence and tax payment. It must be current and issued by the local government unit where the signatory resides.

Step-by-Step Process for Notarization

The standard process involves the following steps:

1. Preparation and Review: Draft the affidavit or document accurately. Consult a lawyer if needed to ensure compliance with legal standards. Review for errors, as alterations post-notarization may invalidate the instrument.

2. Locate a Notary Public: Notaries can be found in law offices, government agencies (e.g., Public Attorney's Office for indigent clients), or through the Integrated Bar of the Philippines (IBP) chapters. Ensure the notary's commission is active by checking the seal or inquiring.

3. Appearance Before the Notary:

   • Present the document, valid ID, and CTC.
   • The notary will verify identity by comparing the photo and signature on the ID with the person appearing.
   • For affidavits (jurat): The notary administers an oath or affirmation, and the affiant signs in the notary's presence.
   • For other documents (acknowledgment): The signatory acknowledges the document as their free act and signs if not already done.

4. Notarial Act:

   • The notary completes the notarial certificate (jurat or acknowledgment), affixes their signature, notarial seal, and records the act in their notarial register.
   • The register entry includes details like date, parties involved, document type, and fees paid.

5. Payment of Fees: Fees are regulated by the Supreme Court. Standard rates include:

   • For acknowledgments: PHP 50–100 per signature.
   • For jurats (affidavits): PHP 50–100.
   • Additional charges for copies or travel may apply, but notaries cannot charge exorbitant fees. Indigent clients may avail of free services from government notaries.

6. Issuance of Copies: The notary provides the original notarized document and may certify copies if requested. Notarized documents are public records and can be authenticated further if needed for international use (e.g., apostille).

Special Considerations and Variations

• Multiple Signatories: If a document requires signatures from several parties, all must appear before the notary, either simultaneously or separately, with each appearance noted.

• Documents in Foreign Languages: If the document is not in English or Filipino, a certified translation must accompany it, and the notary must understand the content or rely on a sworn translator.

• Notarization Abroad: For Filipinos overseas, notarization can be done at Philippine embassies or consulates, which act as notaries with extraterritorial jurisdiction.

• Electronic and Remote Notarization: In response to technological advancements and the COVID-19 pandemic, the Supreme Court introduced Remote Online Notarization (RON) via A.M. No. 20-07-04-SC (2020) and subsequent guidelines. This allows notarization via video conferencing using secure platforms. Requirements include:

  • A qualified electronic notary (e-notary) registered with the Supreme Court.
  • Digital signatures and electronic seals.
  • Verification through two-factor authentication and video identification.
  • Applicable to most documents except wills and certain sensitive instruments.
  • Fees may include additional charges for technology.

• Notarization for Specific Documents:

  • Affidavits of Loss: Common for lost IDs or titles; must detail circumstances and be published if required (e.g., for land titles).
  • Deeds and Contracts: Often require registration with the Registry of Deeds or other agencies post-notarization.
  • Powers of Attorney: Special or general; must specify powers granted.
  • Wills: Notarial wills require three witnesses and strict formalities under the Civil Code.

• Corrections and Revocations: Errors in notarized documents may require a new notarization or an errata affidavit. Revocation of powers of attorney must be notarized and notified to relevant parties.

Prohibitions, Penalties, and Best Practices

Notaries must adhere to ethical standards; violations like notarizing without personal appearance can lead to disbarment or fines. Principals providing false information face perjury charges under the Revised Penal Code.

Best practices include:

• Retaining copies of notarized documents.
• Verifying the notary's commission validity.
• For international use, obtain an apostille from the Department of Foreign Affairs (DFA) under the Apostille Convention, which the Philippines joined in 2019.

Challenges and Reforms

Common issues include accessibility in rural areas, high fees from some notaries, and delays in commissioning. The Supreme Court continues to reform the system, emphasizing digitalization to enhance efficiency while maintaining integrity. As of recent updates, efforts focus on expanding e-notary training and integrating blockchain for tamper-proof records.

In summary, notarization in the Philippines upholds the sanctity of legal documents through rigorous procedures, ensuring they hold evidentiary weight in courts and transactions. Understanding this process empowers individuals to navigate legal requirements effectively.