Comprehensive Guide to Document Notarization Requirements in the Philippines
(Updated as of 26 April 2025; Philippine jurisdiction)
Disclaimer: This material is for general information only and is not a substitute for personalised legal advice. Consult a Philippine lawyer for specific situations.
1. Legal Foundations
| Source | Key Points |
|---|---|
| 2004 Rules on Notarial Practice (RNP), A.M. No. 02-8-13-SC (effective 1 July 2004) – still the principal framework | • Defines notarial acts, qualifications, duties, fees, sanctions. |
| Amendments: A.M. No. 02-8-13-SC “Revised” (2006 & 2008 tweaks on court supervision) | • Clarified executive judges’ oversight, journal inspection. |
| Interim Rules on Remote Notarization of Paper Documents, A.M. No. 20-07-04-SC (effective 4 March 2021) | • Allows videoconference notarization in limited conditions (see § 12). |
| Civil Code (Arts. 1318-1358) & Rules of Court (Rule 132) | • Treat public documents as prima facie evidence; proof of execution/ authenticity. |
| Hague Convention Abolishing Legalisation of Foreign Public Documents (Apostille Convention) – PH acceded 14 September 2018; in force 14 May 2019 | • Replaced the old “red-ribbon” authentication for most countries. |
| Related statutes: Revised Penal Code (Arts. 171-172 falsification), Notaries Public Act of 2004 (bond & seal), circulars on ID security (e.g., PSA/SSS/PRC IDs). |
2. Who May Be a Notary Public
- Must be a Philippine-licensed lawyer in good standing.
- Residency/office: Within the city/province of commission.
- Commission procedure:
- Application under oath to the Executive Judge of the Regional Trial Court (RTC).
- Bond: ₱20,000 minimum, renewed each 2-year term.
- Seal & Journal: Personally kept; seal design registered with RTC.
- Geographic scope: Only within the territorial jurisdiction of the commissioning court.
- Grounds for denial/revocation: Prior administrative liability, incompetence, unlawful practice, etc.
3. Recognised Notarial Acts
| Act | Essence | Usual Purpose |
|---|---|---|
| Acknowledgment | Signer personally appears, admits voluntary execution. | Deeds of sale, real-estate documents, powers of attorney. |
| Jurat | Signer swears/affirms truthfulness; signs in notary’s presence. | Affidavits, sworn statements. |
| Oath/Affirmation | Solemn declaration without signing at that moment. | Testimony, depositions. |
| Signature Witnessing | Notary simply observes the signing (rarely used). | |
| Copy Certification | Notary attests that photocopy is faithful to an original shown. | Passports, academic records. |
| Protest (maritime & negotiable instruments) | Notary records dishonour of bills of exchange. |
4. Universal Preconditions for Any Notarization
- Personal appearance of every principal (no representatives, except under remote-notarization rules).
- Competent Evidence of Identity (§ 5, RNP):
- Option A: At least one current, official, government-issued ID bearing photograph and signature (e.g., passport, PhilSys card, PRC ID, driver’s licence).
- Option B: Two disinterested credible witnesses personally known to the notary.
- Original, complete document – no blanks, erasures initialled, all annexes attached.
- Signer’s physical act of signing (or acknowledgment of a prior signature).
- Entry in the bound Notarial Register before releasing the document.
- Payment of official fee (must issue official receipt).
Tip: Bring two photocopies of the signed document so the notary can keep one for the RTC monthly report.
5. Anatomy of a Philippine Notarial Certificate
- Venue line: Republic of the Philippines ) City/Province of ____ ) S.S.
- Type: ACKNOWLEDGMENT, JURAT, etc.
- Document title & page reference in the notarial register (Doc. No., Page No., Book No., Series of ____).
- Exact date & place of notarization.
- Names of signers as identified, with ID details or credible-witness reference.
- Statement of personal appearance and signature.
- Notary’s signature, printed name, roll number, IBP/Lawyer’s tax receipt, PTR no. (often pre-printed).
- Dry seal or ink stamp and Doc. stamp tax (for deeds over ₱100 or as required).
6. Special Situations & Additional Requirements
| Scenario | Additional Documentation/Steps |
|---|---|
| Corporation/Partnership signing | • Board/Partners’ resolution or Secretary’s Certificate granting authority. • SEC registration details. |
| Spouses (community property) | • Marital consent and appearance of both, or SPA. |
| Minor or illiterate signer | • Guardian’s consent; notary must read/translate aloud and record this fact. |
| Document in foreign language | • Sworn translation into English/Filipino must be attached and notarized. |
| Attorney-in-fact | • Original Special Power of Attorney (SPA) must itself be notarized. |
| Extrajudicial settlement | • Publication & bond requirements are separate—be sure notarization date follows those. |
7. Prohibitions and Ethical Limits
- A notary may not notarize if he/she:
- Is a party, counsel, or immediate relative (by affinity or consanguinity within the 4ᵗʰ degree) of a party.
- Has financial interest in the transaction.
- Knows the document is false, blank, or incomplete.
- No delegation: clerks or paralegals cannot sign for the notary.
- Venue-shopping is invalid: notarization outside commission area voids the act.
- “Acknowledge first, come later” practice (a.k.a. “jurat without appearance”) is administrative misconduct and can lead to disbarment.
8. Remote / Videoconference Notarization (A.M. No. 20-07-04-SC)
| Feature | Rule |
|---|---|
| Eligibility | Temporarily allowed when physical presence is impossible due to public health restrictions or compelling circumstances. |
| Technology | Real-time videoconferencing that allows continuous sight & sound of signers and ID; entire session must be recorded. |
| Transmission of originals | Signers courier the wet-ink originals to the notary within 5 calendar days. |
| Completion | Notarial act deemed complete only upon the notary’s receipt and comparison of the wet-ink originals. |
| Annotation | Certificate must state “performed via videoconference under A.M. No. 20-07-04-SC”. |
| Journal & seal | Usual entries plus reference to audio-video recording (kept for 10 years). |
Note: This regime is interim; absent an extension by the Supreme Court, reverts to physical-presence rule.
9. Apostille & Consular Authentication
- **Documents executed in the Philippines for use abroad
- If destination state is an Apostille-member: Bring notarized document to DFA-OPA for apostille (₱100–₱200, one-day to three-day service).
- *If destination is non-member (e.g., Canada, Taiwan): after DFA authentication, present to the foreign embassy/consulate for “legalisation.”
- Documents executed abroad for use in the Philippines
- Apostilled abroad → no further authentication needed, but must be sworn-translated if not in English/Filipino.
- Non-apostille country: Must be notarised or legalised at the Philippine Embassy/Consulate then presented to DFA upon arrival (still called “consularised”).
10. Evidentiary Effect of a Philippine Notarial Document
- Public document: Self-authenticating; no need for subscribing witnesses in court.
- Presumption of regularity in favour of the notary’s certificate; burden shifts to the challenger.
- Impeachment requires “clear, convincing and more than merely preponderant evidence” of forgery or irregularity.
11. Sanctions for Notarial Misconduct
| Violation | Possible Penalties |
|---|---|
| False notarization, no personal appearance | • Suspension or disbarment (Supreme Court administrative jurisdiction). |
| Notarizing without valid commission or outside area | • Criminal liability: Art. 171 RPC (Falsification) – prision mayor + fine. |
| Failure to keep a proper journal | • Revocation of commission; monetary fine; IBP disciplinary action. |
| Overcharging fees | • Refund + fine up to ₱40,000; possible suspension. |
| Using expired/forged ID as basis | • Same as falsification; notary may be held as accomplice. |
12. Maximum Notarial Fees (2025)
The Supreme Court’s guideline (still the 2004 schedule) allows local Chapters of the Integrated Bar of the Philippines (IBP) to set ceilings. Common practice in Metro Manila:
| Act | Typical Ceiling (₱) |
|---|---|
| Acknowledgment/Jurat (first document) | 200 |
| Additional page | 50 – 100 |
| Certified true copy | 50 each |
| SPA, Deed, Contract drafting | Negotiated, often 500 – 3,000 |
Always demand an official receipt; evasion of documentary-stamp tax (DST) is separate from notarial fee.
13. Practical Checklist for Signers
- Book an appointment; many notaries operate by schedule to avoid walk-in queues.
- Prepare valid ID(s); passport or PhilSys card preferred.
- Review and print the document leaving no blank spaces; photocopies ready.
- Appear personally and sign only in front of the notary (unless remote rules apply).
- Collect your copy with seal, signature, notarial details clearly visible.
- Secure apostille early when dealing with overseas timelines.
14. Best-Practice Tips for Notaries
- Keep digital backups of each journal page (PDF/A format) while safeguarding originals.
- Use a self-inking stamp to avoid smudges; verify DST stamps affixed properly.
- Reconcile journal entries daily; submit monthly log to RTC on or before the 10ᵗʰ of the following month.
- When in doubt over signer capacity or ID legitimacy, decline; “better no fee than administrative case.”
- Attend IBP’s mandatory continuing legal education (MCLE) units on notarial practice every compliance period.
15. Conclusion
Notarization in the Philippines is more than a ceremonial seal; it elevates a private writing to a public document endowed with evidentiary weight. Because the Supreme Court regulates notaries, lapses invite harsh penalties—up to disbarment and criminal prosecution. Careful adherence to the 2004 Rules on Notarial Practice, mindful application of the Apostille system, and familiarity with remote-notarization protocols are now indispensable to both lawyers and the public.
By mastering the requirements outlined above—personal appearance, competent ID, proper certificates, journal diligence—you safeguard the integrity of every notarized document and avoid the costly pitfalls of defective notarization.
Need personalised assistance or sample templates? Consider consulting a Philippine attorney who focuses on notarial and corporate documentation.