I. Introduction

In Philippine property transactions, parties often execute an Affidavit of Receipt of Payment to formally document that the seller (or authorized recipient) has received money from the buyer as consideration for the sale, reservation, down payment, or full purchase price of real property. While the document may be valid as a private writing, notarization elevates it into a public document, giving it stronger evidentiary weight and making it more readily acceptable to government offices, banks, and registries.

This article explains what an Affidavit of Receipt of Payment is, why notarization matters, and where and how to notarize it in the Philippines, including practical and legal considerations.

II. What Is an Affidavit of Receipt of Payment?

An Affidavit of Receipt of Payment is a sworn written statement where the affiant declares under oath that they received a specific amount from another person for a stated purpose connected to a property deal. It typically includes:

Full names, citizenship, civil status, and addresses of buyer and seller
Description of the property (lot/unit number, title number, location)
Amount received (numbers and words), currency, and method (cash, check, bank transfer)
Purpose of payment (earnest money, partial payment, full payment, assumption settlement, etc.)
Date and place of payment
Reference to the related deed or agreement (e.g., Deed of Absolute Sale, Contract to Sell)
Statement that the affiant is swearing to the truth of the facts
Signature of the affiant
Notarial acknowledgment/jurat

Important distinction:

If the affiant is swearing to the truth of the contents, the notarial act is usually a Jurat (affidavit).
If the document is primarily an admission of a transaction signed voluntarily, some notaries may treat it as an Acknowledgment. Either way, the notary must administer an oath if it is an affidavit.

III. Why Notarization Is Important

Under Philippine law and rules:

Public Document Status Once notarized, the affidavit becomes a public document. Public documents enjoy a presumption of regularity and authenticity.
Evidentiary Weight Notarized instruments are admissible in court without needing further proof of due execution, unless challenged.
Compliance with Government Requirements Agencies like the Bureau of Internal Revenue (BIR), Register of Deeds (RD), banks, Pag-IBIG, and developers often require notarized proof of payment.
Fraud Deterrence Notarization requires personal appearance and identity verification, discouraging forged receipts or fake acknowledgments.

IV. Where You Can Notarize in the Philippines

You may notarize an Affidavit of Receipt of Payment only before a duly commissioned Philippine notary public. Common venues:

A. Private Notary Public Offices

Most notarizations happen in private law offices. Signs you’re in the right place:

A lawyer/notary is present (not just staff).
The notary displays a Notarial Commission or indicates their commission details.
The office maintains a notarial register.

Best for: routine property affidavits, quick processing.

B. Notary Publics Near Courts

Notary services commonly cluster near:

City or municipal halls
Hall of Justice / RTC buildings
BIR offices
Register of Deeds offices

Best for: transactions requiring immediate submission to BIR or RD.

C. Law Firms Handling Your Deal

If you have a lawyer drafting the sale documents, they can notarize (if commissioned) or refer you to one.

Best for: ensuring consistency with Deed of Sale/CTS and minimizing mistakes.

D. Local Government-Accredited Notaries (When Required)

Some LGUs or agencies require notarization by notaries within their territorial jurisdiction, especially for documents to be filed locally. While any commissioned notary should legally suffice, practical acceptance sometimes depends on local practice.

Best for: transactions tied to a specific city/municipality’s registry or LGU processing.

E. Philippine Consulates / Embassies (If You’re Abroad)

If the affiant is outside the Philippines, notarization is done through:

Consular notarization at a Philippine Embassy or Consulate.

This produces a document treated as notarized in the Philippines.

Best for: OFWs or overseas sellers/buyers signing property-related affidavits.

V. Territorial Limits of Notaries

A Philippine notary public’s authority is limited to their territorial jurisdiction—generally the city or province where they are commissioned (depending on the commission and rules in force). Practical takeaways:

The notary must notarize only within their commissioned area.
The place of notarization stated in the document should match that jurisdiction.
If notarized outside their area, the notarization can be challenged and potentially invalidated.

Rule of thumb: notarize in the same city/province where the notary is commissioned.

VI. Requirements for Notarization

To notarize successfully, expect these requirements:

A. Personal Appearance

The affiant must appear in person before the notary. Remote notarization is not generally recognized for ordinary affidavits in the Philippines.

B. Competent Evidence of Identity

Bring at least one valid government-issued ID with photo and signature. Examples:

Passport
Driver’s license
UMID
PRC ID
Postal ID
PhilSys ID (Some notaries require two IDs as a matter of practice.)

C. Complete Document

The affidavit must be printed and ready for signing. Do not sign it beforehand unless the notary allows re-signing in their presence.

D. Notarial Fee

Fees vary by location and complexity. Notaries may charge more if:

multiple pages
multiple signatories
special drafting involved

VII. Special Situations in Property Transactions

A. If Someone Signs for the Seller

If a representative signs for the seller, the notary will require:

Special Power of Attorney (SPA) authorizing receipt and acknowledgment
The SPA itself should be notarized and valid

Without proper authority, the affidavit may be worthless and the notarization vulnerable.

B. If Payment Was by Check or Bank Transfer

Attach or reference:

check number and issuing bank
proof of deposit/transfer Notarization doesn’t confirm the check cleared, but it strengthens proof that the seller received it.

C. If There Are Multiple Buyers or Sellers

Each affiant must:

personally appear
present IDs
sign in the notary’s presence Notaries will record each in their notarial register.

D. If the Property Is Part of an Estate

If payment relates to inherited property, additional documents matter:

Extrajudicial settlement
Authority of heirs / administrator Notaries may refuse notarization if ownership or authority is unclear.

VIII. Common Mistakes to Avoid

Notarizing Without Personal Appearance “Pirmahan na lang, ipa-notaryo ko” is risky. It can invalidate the affidavit and expose parties to fraud.
Using an Uncommissioned “Notary” Only lawyers with valid commissions are notaries. Fixers or staff-only offices are red flags.
Wrong Property Details Mistyped TCT/CCT numbers, lot numbers, or addresses create problems for BIR/RD filing.
Vague Payment Description Specify whether it’s earnest money, partial payment, or full consideration.
No Reference to Related Sale Document Link it to a Deed of Absolute Sale, Contract to Sell, or Reservation Agreement.

IX. Effects After Notarization

Once notarized:

The affidavit becomes a public instrument.
Copies may be submitted to BIR/RD as supporting evidence.
The original should be kept with your transaction file.
It may be used later to prove payment in disputes.

Remember: notarization does not by itself transfer ownership. Ownership transfers through a properly notarized Deed of Sale (or relevant conveyance instrument) and registration with the RD.

X. Practical Checklist

Before you go to a notary:

✅ Final printed affidavit
✅ Valid ID(s) of affiant(s)
✅ SPA if signing as representative
✅ Proof of payment (optional but useful)
✅ Exact property details from title/tax declaration
✅ Related agreement details (Deed of Sale, CTS, etc.)

At the notary:

✅ Sign only in the notary’s presence
✅ Take an oath (if jurat)
✅ Confirm the notary’s name, commission, and PTR/IBP details appear on the document
✅ Get your notarized original + copies

XI. Conclusion

In the Philippines, an Affidavit of Receipt of Payment for property transactions should be notarized by a duly commissioned notary public within their territorial jurisdiction, typically at law offices, notarial services near courts or registries, or through consular offices abroad. Notarization transforms the affidavit into a public document, enhancing legal reliability and practical acceptability in property conveyancing.

Because property transactions are high-stakes, take care to use legitimate notaries, ensure accurate contents, and keep a clean paper trail tied to your main sale documents. If the deal is complex (estate property, corporate sellers, multiple heirs, or representative signatories), consult a lawyer to align the affidavit with the broader transaction structure.