Requirements for Notarizing a Deed of Sale (Philippine context)

This is a practical, soup-to-nuts guide to getting a Deed of Sale properly notarized in the Philippines. It reflects widely accepted practice under the Civil Code and the 2004 Rules on Notarial Practice (RNP), plus common documentary expectations of notaries and registries. It’s general information—not a substitute for advice from your own counsel or notary, and local practices can vary by city/province.

1) Why notarize at all?

Validity vs. proof vs. registration. A sale is generally valid between the parties even if the deed is private and unnotarized. Notarization converts the deed into a public document, making it self-authenticating in court and registrable with the Register of Deeds. Without notarization, you cannot transfer title (TCT/CCT) to the buyer.
What kind of notarial act? Deeds of sale are notarized via an acknowledgment (not a jurat). In an acknowledgment, the notary certifies that the signers personally appeared, were properly identified, and declared that they voluntarily executed the deed.

2) Who can notarize, and where?

A duly commissioned notary public (usually a lawyer) within the city or province of commission may notarize.
The notary must perform the act within that territorial jurisdiction and within the validity of the notarial commission.
Not all lawyers are notaries; ask for the notary’s commission details if in doubt.

3) What the notary must check (core legal requirements)

A) Personal appearance

All signers (sellers, buyers, and any authorized representatives) must personally appear before the notary on the day of notarization. “Drop-off” or “pre-signed” documents are improper.

B) Competent evidence of identity (CEI)

Each signer must present CEI, typically:

One current government-issued ID with photo and signature (e.g., passport, driver’s license, UMID, PRC, SSS, postal ID, PhilID), or
Two credible witnesses personally known to the notary (or who personally know the signer) plus their own valid IDs, if the signer has no acceptable ID.

Tip: Bring original IDs; photocopies are supporting documents only.

C) Capacity and authority to sell / buy

Natural persons: Must be of legal age and with legal capacity.
Married sellers: Because family property is often community or conjugal, spousal consent (co-signature) is normally required to dispose of real property. When in doubt, have both spouses sign, or provide a notarized Spousal Consent/Special Power of Attorney (SPA).
Sellers via representative: Present a notarized SPA (if signed abroad, apostilled; if from a non-Apostille country, consularized) authorizing the representative to sell the specific property.
Corporations/partnerships/associations: Present a Secretary’s Certificate/Board Resolution/Partners’ Resolution authorizing the specific officer/agent to sign the deed, plus proof of the officer’s identity.

D) Document completeness and readiness

No blanks, obvious erasures, or interlineations (or have them countersigned).
Accurate property description (e.g., lot/block, area, and—best practice—the technical description lifted from the latest title or survey).
Consideration (price) clearly stated.
Marital status and citizenship of the parties stated. (Foreigners generally cannot own land; they may own condominium units subject to the 40% foreign-ownership cap at the project level. Notaries are cautious about this.)
If the signer does not understand the document’s language, the notary should ensure a translation or explanation is provided, and may require a special notarial certificate.

E) Notarial register entry and certificate

The notary will:

Record the act in the Notarial Register with a Document No., Page No., Book No., and Series of [Year]; and
Attach an acknowledgment certificate bearing the notary’s signature and seal, commission serial number, office address, and commission expiry.

4) What you should bring (practical checklist)

Not every item below is legally indispensable for notarization, but the fuller your file, the smoother notarization and later registration will be.

For all signers

Original government IDs (CEI).
Tax Identification Numbers (TINs) (often requested downstream for taxes/registration).
If signing via representative: original SPA (apostilled/consularized if executed abroad), plus the agent’s ID.
If married: spouse’s ID and readiness to co-sign; if separated/annulled, bring evidence of status (e.g., court decree) if relevant.

For the property

Latest Owner’s Duplicate Certificate of Title (TCT/CCT) — for reference; keep it safe.
Certified true copy (CTC) of the title from the Register of Deeds (very helpful for accuracy).
Tax Declaration (land and improvements) and latest Real Property Tax (RPT) receipt.
Technical description (as it appears on title/survey).
If the property has a mortgage/encumbrance, docs showing status or lender’s Deed of Release (if already settled).

For juridical persons

Secretary’s Certificate/Board Resolution (specific authority to sell/buy the identified property at the stated price and to sign the deed).
General Information Sheet (GIS) or proof of incumbency of the officer signing (often requested).

Documentary stamp tax (DST) “practice” note DST is a tax assessed on documents upon issuance/execution and will certainly be required for BIR and registration. Some notaries prefer the DST to be affixed/canceled on the deed before they notarize; others will notarize first, with DST to follow at BIR. Ask your notary about their policy.

5) Content essentials of a Deed of Sale

Title (e.g., “Deed of Absolute Sale” or “Deed of Conditional Sale”).
Parties (full names, citizenship, civil status, ages, and addresses).
Authority statements (if acting through an agent/officer; identify the SPA/Resolution).
Property identification (project/condo + unit, or land: lot/block, survey number, area, boundaries, title number, technical description).
Purchase price and payment terms (paid in full? installments? escrow?).
Possession and risk (when delivered).
Warranties (e.g., seller’s ownership, freedom from liens/encumbrances except those disclosed).
Taxes and fees allocation (who pays CGT/CWT, DST, transfer tax, registration fees; practice varies and can be negotiated).
Signatures of all required parties and acknowledgment block.

Witnesses? Philippine law does not generally require instrument witnesses for deeds of sale (unlike wills). Many forms include “signed in the presence of” lines; they are customary but not legally essential unless a special circumstance applies (e.g., thumb-mark/signers who can’t write).

6) Special situations the notary will watch for

Illiterate/blind or unable to sign: Sign via thumb-mark; the notary typically requires two disinterested witnesses and a certificate stating the deed was read and explained before the mark was affixed.
Signed abroad: The deed (or SPA) must be notarized under the law of the place of execution and apostilled (or consularized if outside the Apostille system) for use in PH.
Foreign buyer: Land ownership is generally restricted; notaries are cautious about notarizing sales that appear to circumvent restrictions (e.g., “dummy” arrangements). Condominium purchases are typically allowed within the foreign-ownership cap.
Property of minors/estates: Sales require court authority (e.g., guardianship/probate). A notary will usually decline without the proper order and chain of title (e.g., Extra-Judicial Settlement).
Discrepancies in names/status: If the title shows “single” but the seller is now married, or the spelling differs, expect to prepare supporting affidavits (e.g., Affidavit of One and the Same Person, Affidavit of Marital Status).

7) The notarial certificate (what it should look like)

A proper acknowledgment typically states:

Date and place of notarization;
That the person(s) personally appeared before the notary;
The CEI used (ID type/number/issuance details);
That the signers acknowledged they voluntarily executed the deed;
The notary’s seal, signature, commission number/expiry, and Notarial Register entry (Doc No., Page No., Book No., Series of YYYY).

If any signer is represented (e.g., by SPA) or is signing for a corporation, the certificate should reflect that capacity (e.g., “as authorized representative of X Corporation by virtue of a Secretary’s Certificate dated…”).

8) Typical reasons a notary may refuse

No personal appearance or inadequate CEI; expired IDs.
Incomplete/blank fields, obvious alterations without proper countersignatures.
Lack of authority (no SPA/Resolution) or missing spousal consent where required.
Illegality or strong policy issues (e.g., apparent circumvention of land ownership rules).
The act is outside the notary’s territorial commission or commission expired.

9) After notarization: what usually happens next (very brief)

Registration isn’t part of notarization, but most buyers/sellers proceed to:

BIR: Pay Capital Gains Tax (CGT) (seller) or Creditable Withholding Tax (CWT) (if seller is a corporation/professional scenario), plus Documentary Stamp Tax (DST).
City/Municipality: Pay Transfer Tax.
Register of Deeds: Present the notarized deed, tax clearances, proof of tax payments, owner’s duplicate title, etc., to issue a new TCT/CCT.

Allocation of who pays what is contractual; set it out clearly in the deed or a side agreement.

10) Practical tips & good habits

Use the title’s exact technical description. Copy errors delay registration.
Date the SPA/Resolutions close to the sale and make them specific to the property and authority.
Bring originals + one set of photocopies (IDs, corporate papers, title/TDs).
Ask the notary how they prefer to handle DST (before/after notarization).
Book everyone’s schedule—personal appearance is non-negotiable.
Keep a clean signing. Avoid last-minute edits; if unavoidable, have every change initialed by all parties and the notary.

11) Sample acknowledgment block (for reference only)

ACKNOWLEDGMENT

Republic of the Philippines )
City/Province of _________ ) S.S.

BEFORE ME, a Notary Public for and in the City/Province of __________, this ___ day of __________ 20__, personally appeared:

Name of Signer      Gov’t ID / No.        Date/Place of Issue
_________________   _________________     ___________________

who are known to me and to me known to be the same persons who executed the foregoing Deed of (Absolute) Sale consisting of ___ pages, including the page on which this acknowledgment is written, and they acknowledged to me that it is their free and voluntary act and deed (and that of the entity they represent, if applicable).

WITNESS MY HAND AND NOTARIAL SEAL on the date and at the place first above written.

Notary Public
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 20__.

12) Quick FAQ

Do we need witnesses? Not legally required for deeds of sale; helpful if someone signs by thumb-mark or if your notary/registry prefers them.
Can we notarize by video? As a rule, no—personal appearance is required. Any special/temporary rules vary and are tightly controlled.
Can a deed be notarized outside the Philippines for use here? Yes, but it must be properly notarized under local law and apostilled/consularized, and translated if not in English/Filipino.

Bottom line

For a smooth notarization: personal appearance + proper IDs + complete authority papers + a clean, accurate deed. If your situation has any wrinkle (marital property, representatives, corporate signers, foreign parties, estates), line up the consents and court/corporate papers before you book the notary.

If you want, tell me your scenario (individuals/corporate, condo/land, any representatives or special circumstances), and I’ll tailor a one-page checklist you can print and bring to the signing.