A practical legal article on what notarization is, how it’s done, what it costs, and the rules that matter in Philippine practice.
1) What notarization is (and why Filipinos need it so often)
In the Philippines, notarization is a formal legal act performed by a duly commissioned notary public—almost always a lawyer—that transforms certain signed documents into public documents. This matters because a notarized document generally:
- Carries a presumption of regularity (courts presume the notarization was properly done unless convincingly challenged).
- Becomes admissible in evidence without further proof of authenticity as a public document.
- Is often required for transactions involving property, authority to act, affidavits, and many documents banks, government offices, and registries rely on.
Notarization is not “proof that the contents are true.” What a notary primarily certifies is the identity of the signer, the voluntariness of the act, and the proper execution of the instrument under the notarial rules.
2) The main legal framework in Philippine notarization
Philippine notarization is governed primarily by the Rules on Notarial Practice issued by the Supreme Court (commonly referred to in practice as the 2004 Rules on Notarial Practice, as amended/supplemented by later issuances). These rules cover:
- Qualifications and commissioning of notaries
- Notarial acts (acknowledgment, jurat, etc.)
- Personal appearance and identity verification
- Notarial registers (journals), seals, and certificates
- Grounds for refusal, disqualification, and sanctions
Other laws become relevant depending on the document type, such as:
- Civil Code provisions on formalities (e.g., certain acts needing public instruments)
- Land registration/registry requirements for real property instruments
- Special laws and regulations (corporate authority, banking requirements, etc.)
3) What notarization does not do
A notarized document does not automatically mean:
- The statements are true (especially for affidavits; truth is the affiant’s responsibility).
- The agreement is fair, valid, or enforceable (an illegal contract can still be notarized).
- The transaction is complete (e.g., real property transfers still require taxes and registration).
Notarization is not the same as:
- Apostille (for international use)
- Authentication of foreign documents (or embassy/consular legalization)
- Registration with government agencies (Registry of Deeds, SEC, etc.)
4) Who can notarize in the Philippines
A) Notary public (domestic notarization)
A notary public in the Philippines is typically a lawyer commissioned by the Executive Judge of the Regional Trial Court (RTC) for a specific area and a limited term. Legitimate notaries:
- Display proof of their notarial commission
- Use an official notarial seal
- Keep a notarial register/journal
- Perform notarizations only within their authorized territorial jurisdiction
Red flag: a “notary” who is not a lawyer, does not ask for IDs, or notarizes documents without requiring personal appearance.
B) Philippine consular officers (notarization abroad)
If you are abroad, Philippine embassies/consulates can perform notarial services (often called consular notarization, acknowledgment, or similar consular acts). These are especially used for:
- Special Powers of Attorney executed abroad
- Affidavits to be used in the Philippines
- Documents for Philippine courts and agencies
5) The core rule: personal appearance is essential
A fundamental requirement is that the signer must personally appear before the notary at the time of notarization.
If a document was signed elsewhere and you just bring it in, many notaries will require you to:
- Re-sign the document in front of them, or
- Confirm the signature and execution under the correct notarial act (depending on document type and notarial practice).
“Paki-notarize na lang, wala si Sir/Ma’am” is a common request—and also a common source of invalid notarizations and administrative sanctions.
6) Types of notarial acts in Philippine practice
Understanding the type matters because the procedure and certificate wording differ.
1) Acknowledgment
Used for contracts, deeds, powers of attorney, and instruments where a person confirms:
- “This is my signature,” and
- “I executed this document voluntarily.”
Common examples: Deed of Sale, Contract to Sell, Lease, SPA/GPA, Deed of Donation, Real Estate Mortgage, corporate documents.
2) Jurat
Used for affidavits and sworn statements where the person:
- Signs the document in front of the notary, and
- Swears/affirms that the contents are true.
Common examples: Affidavit of Loss, Affidavit of Support, Affidavit of One and the Same Person, Sinumpaang Salaysay.
3) Oath or affirmation
The notary administers an oath (or affirmation) to a person. This may be standalone or part of a jurat.
4) Signature witnessing
The notary witnesses the signing but the legal effect differs from acknowledgment/jurat; not all offices accept it for all purposes.
5) Copy certification (certified true copy)
Notaries may certify copies only in limited contexts under the rules (and many institutions prefer copies certified by the issuing office). In practice, many government agencies require certified true copies from the issuing agency, not a notary.
7) Identity requirements: what IDs are acceptable
Notaries must require competent evidence of identity, typically:
A) Government-issued ID with photo and signature
Commonly accepted:
- Passport
- Driver’s license
- UMID (where applicable)
- PRC ID
- Postal ID (subject to notary’s acceptance policies)
- National ID (PhilSys) or ePhilID (subject to notary’s policies)
- Other official IDs with photo and signature
B) Credible witness (if signer lacks acceptable ID)
If the signer has no acceptable ID, a notary may rely on credible witness(es) who personally know the signer and can be identified themselves—this is rule-based and not just a casual workaround. Many notaries will still refuse without primary IDs because of the risk.
Practical tip: bring two IDs when possible, especially for high-value transactions.
8) Step-by-step procedure for notarization (what usually happens)
While each notary has office-specific workflow, compliant notarization generally follows this sequence:
Document review (initial screening)
- Are pages complete?
- Are there blank spaces that could be fraudulently filled later?
- Are attachments (IDs, authority documents, titles, tax declarations) needed for the transaction?
- Is the notarial act appropriate?
Personal appearance of the signer(s)
- The notary confirms everyone who must sign is physically present.
Identity verification
- Notary examines ID(s), checks details, validity, photo likeness, signatures.
Confirmation of willingness and understanding
- Especially important for elderly signers, pressured signers, or complex contracts.
Signing in the notary’s presence (or confirming signature, depending on act)
- For jurats, signing is typically done in front of the notary.
- For acknowledgments, the signer acknowledges execution.
Notarial register/journal entry
- The notary records details: date/time, type of notarial act, document title, parties, ID details, etc.
- Signer signs the register; thumbmarks may be taken in some cases.
Notarial certificate completion
- The notary completes the acknowledgment/jurat certificate with the correct venue, date, names, and ID details (as required).
Seal and signature
- Notary signs and affixes notarial seal.
Release
- Client receives the notarized document; some notaries keep a copy or require one for certain instruments as part of compliance practice.
9) Common documents and special procedural notes
A) Affidavits (jurat)
Typical: Affidavit of Loss, Affidavit of Support, Solo Parent affidavit (varies), affidavit for bank/insurance claims.
Notes:
- Affiant must understand content; lying can lead to perjury.
- Notary is certifying that the affiant swore to the truthfulness—not that it is factually true.
B) Special Power of Attorney (acknowledgment)
Used to authorize someone to:
- Sell property
- Receive money/documents
- Represent you in a transaction
Notes:
- Many banks and registries require very specific SPA wording.
- For property-related authority, ensure the SPA describes the property and the act with enough detail.
C) Deeds involving real property (acknowledgment)
Deed of Absolute Sale, Contract to Sell, Deed of Donation, Deed of Extrajudicial Settlement, Real Estate Mortgage.
Notes beyond notarization:
Notarization is only one step. Real property transfers typically require:
- BIR and local tax payments
- Clearances
- Registration with the Registry of Deeds
Errors in names, marital status, or property description cause delays and disputes.
D) Corporate documents
Secretary’s Certificate, board resolutions, corporate SPAs, authorized signatory documents.
Notes:
- Notary often requires proof of authority (board resolution, secretary’s certificate, IDs of signatories).
- Corporate signers should ensure they sign in the correct capacity (e.g., “Juan Dela Cruz, President”).
10) Disqualifications and when a notary must refuse
A notary should refuse or is disqualified when, for example:
- The signer does not personally appear
- The signer cannot present competent evidence of identity
- The document is incomplete or contains blanks that invite fraud
- The notary has a conflict of interest (e.g., notarizing a document where the notary is a party)
- The notary is asked to notarize for certain close relatives in prohibited degrees (rules-based)
- The signer appears not to understand, is coerced, or lacks capacity
In real life, the “refusal” is a major consumer protection feature of the notarial system.
11) Notarization costs in the Philippines: how fees are actually determined
A) There is no single, universally enforced nationwide price list
In practice, notarial fees vary widely depending on:
- City/municipality and neighborhood
- Document type (affidavit vs deed of sale)
- Complexity and risk
- Number of signers and pages
- Whether the notary must draft the document or only notarize it
- After-hours/urgent service
- Whether supporting documents must be reviewed
Some places have suggested or customary ranges, and local professional groups may publish guidance, but what you encounter is often market-based—subject to the ethical duty not to charge unconscionable fees and to comply with notarial rules.
B) Typical fee structure (practical, non-official ranges)
These are common market ranges you may encounter in many Philippine urban areas, but they are not official and vary significantly:
- Simple affidavits (1–2 pages): often low to moderate fees
- SPAs / simple contracts: moderate fees
- Real property deeds, high-value instruments: higher fees, sometimes influenced by value/consideration
- Multiple signers / multiple documents: fees increase per signer or per document
- Document preparation (drafting): separate professional fee if the notary (as a lawyer) drafts or revises the instrument
C) Extra costs people confuse with notarization
For certain transactions, people say “magkano pa-notaryo” but what they really mean is the total transaction cost, which may include:
- Taxes (BIR-related taxes, local transfer taxes, etc.)
- Documentary stamp tax (for certain instruments)
- Registry of Deeds fees (registration, annotation)
- Certified copies from government offices
- Photocopying, printing, and courier fees
Notarial fee is only one component.
D) Practical consumer advice on fees
Ask for the notarial fee separately from any drafting/legal service fee.
Confirm whether the fee includes:
- multiple signers
- multiple pages
- multiple originals/copies
For high-stakes documents (property, inheritance settlements, large financial authority), prioritize compliance and competence over the cheapest price.
12) Where to get notarization (and where it may be cheaper or free)
A) Private notary offices
Most common. Located near:
- City halls, courts, business districts
- Law offices
- Commercial areas
B) Public Attorney’s Office (PAO) and legal aid
Indigent clients may access legal assistance, and in some situations notarization may be available or facilitated as part of legal aid services (subject to eligibility and office policies).
C) Local government or barangay programs
Some LGUs run legal aid and periodic “free legal services,” sometimes including notarization for select documents (often affidavits). Availability varies.
D) Courts and quasi-judicial offices
Some affidavits or sworn statements are taken in specific proceedings. However, court staff are not a substitute for notarial services unless legally authorized.
E) Philippine embassies/consulates abroad
For overseas Filipinos, consular notarization is often the most acceptable route for Philippine use (especially for SPAs). Consular services have posted fees and appointment systems, varying by post.
13) Special situations and how they’re handled
A) Multiple signers
All signers who must sign must personally appear, present IDs, and be entered in the notarial register.
B) Signing as attorney-in-fact (representative signing)
If someone signs on behalf of another:
- The representative must present the SPA/GPA authorizing the act
- The notary may examine the authority document and IDs carefully
C) Illiterate signers or those who cannot sign normally
Rules typically require added safeguards:
- Thumbmarks
- Disinterested witnesses
- Special certificate language and register entries
D) Elderly or vulnerable signers
Notaries should ensure comprehension and voluntariness; some notaries ask additional questions or require presence of neutral witnesses to reduce coercion risk.
E) Foreign nationals
Usually acceptable if they have:
- Passport and/or Philippine-issued immigration ID where applicable
- Clear identification details
Document language comprehension can become an issue; some notaries require an interpreter or refuse if the signer cannot understand what they are signing.
14) Remote/online notarization: a cautious note
Philippine notarization has historically required physical personal appearance. There have been Supreme Court issuances creating limited frameworks for remote notarization in exceptional contexts, with strict identity, recording, and procedural requirements, and availability may be limited depending on current rules and implementation.
As a practical matter today, many transactions—especially property transfers and bank requirements—still expect traditional notarization unless the receiving institution explicitly accepts remote notarization under applicable rules.
15) Validity problems: what can go wrong (and why it’s serious)
A) “Fixer” notarization and no-appearance notarization
If a document is notarized without the signer appearing, the notarization may be attacked as invalid. Consequences can include:
- Document treated as a private document, losing the evidentiary advantages of notarization
- Civil disputes over authenticity or consent
- Administrative sanctions against the notary (suspension/revocation of commission, disciplinary action)
- Possible criminal exposure in cases involving falsification or fraud
B) Defective certificates, wrong names, wrong details
Common issues:
- Misspelled names
- Wrong ID numbers
- Missing page references
- Inconsistent marital status
- Incorrect venue/date
These defects can cause rejection by registries, banks, and government agencies—and can be exploited in disputes.
16) Notarization vs. Apostille (for overseas use)
If a Philippine-notarized document will be used abroad, notarization may be only the first step. Many countries require an apostille (or other form of authentication) depending on international rules and the receiving country’s requirements.
- Notarization: certifies execution and identity.
- Apostille/authentication: certifies the authenticity of the notary’s signature/seal (or the public document) for foreign acceptance.
Always check what the receiving foreign authority requires, because some documents must be issued by specific agencies rather than notarized privately.
17) Practical checklist for a smooth notarization
Before you go:
- Bring the final printed document (complete, no blanks)
- Bring at least one valid government ID (two is better)
- If signing for someone else: bring the SPA and supporting IDs
- If corporate: bring proof of authority (board resolution/secretary’s certificate) and IDs
- Ensure all signers are available to personally appear
- Know whether you need an acknowledgment or a jurat
At the notary’s office:
- Expect ID verification and register signing
- Read the document before signing
- Confirm the notarial certificate matches your document type (acknowledgment vs jurat)
After notarization:
- Keep originals safe
- If for property or official transactions, ask what the next steps are (taxes, registration, submission requirements)
18) Bottom line
Notarization in the Philippines is best understood as a public-trust legal function: it’s not merely a stamp, but a regulated process designed to prevent fraud and strengthen the reliability of documents. Costs vary widely, but the most expensive notarization is the one that later becomes useless—or becomes evidence of irregularity—because the basic rules (personal appearance, identity proof, proper journal entry, correct certificate) were ignored.
If you tell me what specific document you’re notarizing (e.g., affidavit, SPA, deed of sale, corporate authorization) and where it will be submitted (bank, Registry of Deeds, embassy, etc.), I can give a more tailored, Philippines-specific procedural checklist and the usual pitfalls for that exact use case.