Notarial practice in the Philippines is a vital component of the legal system, ensuring the authenticity, voluntariness, and integrity of legal documents. Governed primarily by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) issued by the Supreme Court of the Philippines, notarial acts provide prima facie evidence of the due execution and authenticity of documents. These rules superseded earlier provisions under the Revised Administrative Code and Act No. 2103. Notarization is mandatory for certain public documents, such as deeds of sale, powers of attorney, affidavits, and contracts affecting real property, to make them enforceable in courts and registrable with government agencies like the Registry of Deeds or the Land Registration Authority.

Qualifications and Appointment of Notaries Public

Only duly licensed attorneys in good standing may be commissioned as notaries public. Appointment is made by the Executive Judge of the Regional Trial Court (RTC) having jurisdiction over the place where the applicant resides or maintains a law office. The application requires submission of a verified petition, certificate of good moral character from the Integrated Bar of the Philippines (IBP) chapter, proof of professional tax receipt (PTR), IBP membership, and other supporting documents. The commission is valid for two years from the date of issuance and is limited to the province or city where the notary is commissioned, unless otherwise authorized.

A notary must maintain a notarial register, affix an official seal, and observe strict ethical standards under the Code of Professional Responsibility and the 2004 Rules. Notaries are prohibited from notarizing documents in which they have a personal interest, or those presented by persons who are not personally appearing before them. Violations may lead to disciplinary action, suspension, or revocation of the notarial commission by the Supreme Court.

Requirements for Notarization of Legal Documents

For a document to be validly notarized, the following mandatory requirements must be strictly complied with:

Personal Appearance of the Affiant or Principal
The person executing the document (affiant, grantor, or principal) must personally appear before the notary public. Representation by an agent is generally not allowed, except in limited cases such as certification of copies of documents. This requirement prevents forgery and ensures the act is voluntary.
Competent Evidence of Identity
The affiant must either be personally known to the notary or identified through competent evidence of identity. Acceptable IDs under the 2004 Rules include:
- Passport
- Driver’s license
- Professional Regulation Commission (PRC) ID
- Social Security System (SSS) ID
- Government Service Insurance System (GSIS) ID
- PhilHealth ID
- Voter’s ID
- Postal ID
- Senior Citizen ID
- Barangay ID
- National Bureau of Investigation (NBI) clearance
- Integrated Bar of the Philippines (IBP) ID
- Other government-issued IDs with photograph and signature.
  Photocopies are not sufficient; original or certified true copies must be presented. If identification is insufficient, the affiant may be identified by two credible witnesses who are personally known to the notary and who must sign the register.
Presentation and Review of the Document
The complete document must be presented. The notary must ensure it is complete, with no blank spaces that could be filled later, and must explain the contents to the affiant if necessary to confirm understanding and voluntariness. For documents in a foreign language, a translation may be required.
Proper Notarial Act and Execution
The affiant must sign the document in the presence of the notary (or acknowledge that the signature is his or her own). For jurats (used in affidavits and verifications), the affiant must swear or affirm the truth of the contents under oath. For acknowledgments (used in deeds and contracts), the affiant must declare that the document was executed as a free and voluntary act. Minors or persons with limited capacity require special consideration, and notarization may be refused if capacity is doubtful.
Notarial Register and Seal
Every notarial act must be recorded in the notary’s official notarial register, which includes the date, type of act, names of parties, competent evidence of identity, and fees charged. The notary’s seal (a circular metallic seal with the words “Notary Public,” name, commission details, and jurisdiction) must be affixed, along with the notary’s signature.

Failure to comply with these requirements renders the notarization defective, potentially making the document inadmissible as public evidence or exposing the notary to administrative liability.

Specific Requirements for Common Legal Documents

Deeds and Contracts (e.g., Deed of Absolute Sale, Real Estate Mortgage): Require acknowledgment. Community Tax Certificate (CTC) or BIR-registered TIN may be needed for tax purposes. For real property, the document must comply with the Property Registration Decree (PD 1529).
Special Power of Attorney (SPA) and General Power of Attorney: Must be acknowledged. If executed abroad, it requires authentication by the Philippine Consulate (red ribbon or apostille under the Apostille Convention).
Affidavits (e.g., Affidavit of Loss, Affidavit of Non-Tenancy): Require jurat. The affiant swears to the truthfulness of the statements.
Last Will and Testament: Notarization is not required for validity (holographic or notarial wills have specific formalities under the Civil Code), but notarial wills must be acknowledged before a notary with witnesses.
Certified True Copies: The notary certifies that the copy is a faithful reproduction of the original.
Oaths and Affirmations: Administered for public officers or in judicial proceedings.

Documents executed by foreigners or intended for use abroad may require additional consular authentication or apostille from the Department of Foreign Affairs (DFA).

Standard Notarial Fees

The 2004 Rules on Notarial Practice do not prescribe fixed nationwide fees for notarial services. Instead, notaries are allowed to charge reasonable fees commensurate with the nature, complexity, and importance of the document. Fees are considered part of the notary’s professional income and must be entered in the notarial register.

In practice across the Philippines, the following are widely observed standard or customary fees (subject to variation by region, notary, and inflation adjustments as of recent years):

Acknowledgment of documents (per signature or per person): ₱100 to ₱300
Jurat/Affidavit (including verification): ₱100 to ₱250
Special Power of Attorney (SPA): ₱200 to ₱500
Deed of Sale or conveyance involving real property: ₱300 to ₱1,000 or more, depending on value and number of pages
Certification of copies (per page): ₱50 to ₱100
Oath or affirmation: ₱100 to ₱200
Additional pages or multiple signatories: ₱50 to ₱100 per additional page or signatory
Notarial commission application fee (paid to the court): ₱500 to ₱1,000 (one-time upon application)

Fees may be higher in Metro Manila and major cities due to higher operating costs. Government notaries (e.g., in city or municipal halls) often charge lower or fixed rates pursuant to local ordinances. Excessive or unconscionable fees may be subject to complaint before the IBP or the RTC Executive Judge. Notaries are prohibited from charging fees for acts performed in an official capacity for indigent persons when required by law.

Value-added tax (VAT) is generally not imposed on notarial fees as they are considered professional services exempt in certain contexts, but notaries must comply with BIR regulations for income reporting.

Other Relevant Considerations

Notarized documents enjoy the presumption of regularity and are considered public documents under the Rules of Court. However, this presumption is disputable and can be overcome by clear and convincing evidence of fraud or irregularity.

Notaries must renew their commission every two years and submit a copy of their notarial register to the RTC upon expiration. Electronic notarization is not yet fully implemented nationwide but is recognized in principle under emerging rules for digital signatures.

Clients are advised to verify the notary’s current commission status through the RTC clerk of court to avoid invalid notarizations. In cases of lost or damaged documents, re-notarization may be required with fresh compliance to identification and personal appearance rules.

This comprehensive framework ensures that notarial acts safeguard public interest, deter fraud, and facilitate the smooth conduct of legal and commercial transactions throughout the Philippines. Compliance with these standards is not merely procedural but essential to the enforceability and evidentiary value of legal documents in all courts and government agencies.