I. What “Notarization” Means in the Philippines
Notarization is the act of converting a private document into a public document by a notary public (a lawyer commissioned by the court to perform notarial acts). Once notarized, a document gains:
- Public character and admissibility – it is presumed authentic and duly executed.
- Evidentiary weight – courts generally accept notarized documents without needing further proof of genuineness, unless challenged.
- Protection against fraud – through identity checks, personal appearance, and entries in the notarial register.
Philippine notarization is governed mainly by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), plus related provisions in the Civil Code, special laws, and Supreme Court rules.
II. Who Can Notarize Documents
Only a lawyer with a valid notarial commission issued by a Regional Trial Court (RTC) may notarize. A legitimate notary public must:
- Be a member in good standing of the Philippine Bar
- Have an active notarial commission (usually valid for 2 years)
- Notarize only within the territorial jurisdiction stated in the commission
- Keep a notarial register and issue acknowledgment jurats/competent certificates properly
Red flag: If the person is not a lawyer or cannot show proof of commission, the notarization is invalid and may be fraudulent.
III. Where to Get Documents Notarized
A. Private Notary Offices / Law Firms
Most common option. You’ll find them in commercial areas, city centers, near business districts, and around courts.
Pros: Fast, broad range of documents. Cons: Rates vary.
B. Notary Public Near Courts
Notary offices cluster around RTCs, MeTC/MTC/MTCC, and Hall of Justice buildings.
Pros: Generally experienced with affidavits and litigation documents. Cons: Lines can be longer during office hours.
C. City / Municipal Hall (In-House Notary)
Some LGUs provide access to notarial services, usually through a commissioned city/legal officer or a partner notary.
Pros: Convenient for local residents, sometimes lower cost. Cons: Limited hours or document types; not all LGUs offer this.
D. Government Agencies with Notarial Units
Certain agencies (e.g., DFA, NBI, some courts, social welfare offices) may have in-house notarial help for their specific forms.
Pros: Tailored to agency requirements. Cons: Only for agency-related documents; not for all public use.
E. Philippine Embassies/Consulates Abroad
For Filipinos overseas, notarization is done by consular officers through consular notarization/acknowledgment.
Pros: Recognized in the Philippines. Cons: By appointment; fees in foreign currency.
F. Remote/Online Notarization?
As a rule, Philippine notarization requires personal appearance. Remote notarization is not generally recognized unless expressly authorized in very limited circumstances by the Supreme Court or relevant rules. Treat fully remote-only notarizations with caution.
IV. Types of Notarial Acts
Philippine notaries typically perform:
Acknowledgment
- You sign the document and acknowledge before the notary that it is your voluntary act.
- Used for deeds, contracts, authorizations, sworn statements not requiring oath.
Jurat
- You sign the document in the notary’s presence and swear/affirm its truth.
- Used for affidavits and sworn applications.
Oath or Affirmation
- Notary administers an oath, sometimes without a document.
Copy Certification
- Notary certifies a copy as a true copy of an original, only if the original is not public record or otherwise prohibited.
Signature Witnessing
- Notary witnesses a signature (rarely used alone; often part of jurat/acknowledgment).
V. Core Requirements for Notarization
A. Personal Appearance (Non-negotiable)
All signatories must personally appear before the notary at the time of notarization. No appearance = no valid notarization.
B. Competent Evidence of Identity
Bring original valid ID(s). The notary must verify your identity using:
- At least one government-issued ID with photo and signature, or
- Two current IDs if one is doubtful, or
- Credible witnesses (rare; strict conditions)
Common acceptable IDs:
- Passport
- Driver’s license
- UMID / SSS / GSIS ID
- PRC ID
- PhilSys National ID
- Postal ID
- Voter’s ID (if still issued/available)
- Senior Citizen ID (often accepted with another government ID)
- OFW / OWWA / Seafarer’s ID (case-by-case)
Notaries can refuse expired, photocopied, or suspicious IDs.
C. Complete Document
The document must be complete and with no blank spaces that could be filled later. If there are blanks that are legitimately necessary, they must be clearly marked and explained.
D. Understanding and Voluntariness
The notary must be satisfied that:
- You understand the document
- You are signing freely, not under duress
- You have legal capacity
E. Proper Signing
- For jurats, you must sign in the notary’s presence.
- For acknowledgments, you may have signed earlier but must acknowledge it personally.
F. Notarial Register Entry
The notary must record:
- Date and time
- Type of notarial act
- Document title
- Names and addresses of signatories
- ID details
- Notarial fee
- Signatures/thumbmarks in register
You may be asked to sign the register.
VI. Special Situations and Extra Requirements
A. If You’re Signing for a Corporation or Another Person
Bring proof of authority:
- Board Resolution / Secretary’s Certificate
- Special Power of Attorney (SPA)
- Authorization letter (if applicable)
The notary will check consistency between the authority and the document being signed.
B. For Real Estate and Property Documents
Commonly notarized property documents include:
- Deed of Absolute Sale
- Deed of Donation
- Lease Contract
- Mortgage / Partition / Extrajudicial Settlement
- SPA to sell / manage property
Extra practical requirements:
- Original owner’s duplicate title (sometimes)
- Tax Declaration
- Valid IDs of all owners/sellers/buyers
- Marriage certificate if property is conjugal
- CTC (Community Tax Certificate) numbers for parties (often requested)
C. If a Signatory Is Abroad
Options:
- Consular notarization abroad; then send to PH.
- SPA executed abroad and notarized/consularized, allowing a representative to sign in PH.
D. If a Signatory Is Illiterate/Disabled
The notary must follow special rules:
- Signature by mark/thumbprint
- Two disinterested witnesses
- Notary notes the condition and procedure in the certificate
E. If a Signatory Cannot Appear
Philippine rules generally do not allow substitute appearance. If someone is bedridden, the notary may travel only if within their jurisdiction and with full compliance, including proper register entry indicating place of notarization.
VII. Costs and Fees
There is no single fixed national notarization fee, except certain court-related guidelines. In practice:
- Simple affidavits: lower cost
- Complex deeds/contracts: higher cost (often depending on pages and risk)
You may see:
- Notarial fee (professional fee)
- Doc stamps (when required)
- Photocopy charges
Always ask for an official receipt, especially for high-value deeds.
VIII. Step-by-Step: How Notarization Usually Works
- Prepare the document (complete, printed, correct names).
- Bring valid original ID(s).
- Appear personally with all signatories.
- Notary reviews the document and verifies ID/authority.
- Sign (or acknowledge signature) as required.
- Notary fills in the notarial certificate and affixes seal.
- Register entry and your signature/thumbmark in the logbook.
- Pay the fee and get your notarized original copy.
IX. Validity, Effect, and When Notarization Is Required
A. Notarization Is Required When:
- The law explicitly requires a public instrument, e.g. many real estate transfers, donations, mortgages.
- Agencies require notarized affidavits or authorizations.
- Parties want strong evidentiary protection.
B. Notarization Is Often Optional But Helpful
Many contracts are valid even if not notarized, but notarization makes enforcement easier and adds presumption of authenticity.
X. What Can Make a Notarization Invalid
A notarization can be void if:
- No personal appearance
- Fake or inadequate ID
- Notary outside their commission area
- Notary not commissioned or commission expired
- Document incomplete or altered after notarization
- Someone else signed for a party without authority
- Register not properly maintained
Invalid notarization may:
- Weaken or nullify the document’s legal effect
- Expose parties to litigation
- Subject the notary to administrative, civil, or criminal liability
XI. How to Spot a Legit Notarized Document
Check for:
- Notarial certificate (acknowledgment/jurat) properly filled out
- Notary’s name, roll number, IBP number
- Commission details and expiration
- PTR number and place issued
- Dry seal / stamp
- Signature consistent with notary’s printed name
If the notarization looks “generic,” missing commission details, or lacks a seal, be cautious.
XII. Practical Tips to Avoid Hassles
- Bring all signatories. Don’t assume one person can sign for all unless with SPA.
- Use correct names matching IDs (including middle names).
- Bring extra IDs if your primary one is worn/old.
- Do not pre-sign jurat documents.
- Read before signing; notarization is not a substitute for legal advice.
- Keep copies of both the signed document and your IDs.
- For major deals, use a notary with a real office and verifiable commission.
XIII. Frequently Notarized Documents in the Philippines
- Affidavits (loss, support, residency, discrepancy, etc.)
- SPA / General Power of Attorney
- Deeds of Sale / Donation / Mortgage / Lease
- Employment and business agreements
- Authorization letters requiring oath
- Waivers and quitclaims
- Travel consent / DSWD-related affidavits
- Bank and insurance forms
- Court pleadings requiring verification or sworn statements
XIV. Final Notes
Notarization in the Philippines is a formal legal safeguard, not a mere stamp-for-a-fee. The key pillars are personal appearance, verified identity, and proper notarial procedure. When done correctly, notarization strengthens your document’s enforceability and credibility. When done casually or fraudulently, it can create serious legal risk.
If you’re dealing with high-value property, inheritance issues, corporate authority, or cross-border documents, it’s wise to consult a lawyer before notarizing so the document you notarize is truly the document you need.