Notarization of a Deed of Sale in the Philippines
―fees, rules, market practice, and remedies―
1. Why notarization matters
A Deed of Absolute Sale must be in public-instrument form before the Registry of Deeds will cancel the seller’s title and issue a new one. Under Art. 1358 of the Civil Code, conveyances of real rights over land “shall appear in a public instrument,” and once the deed is notarized its execution itself counts as delivery of the property (Art. 1498). (BOOK IV (FULL TEXT) : CIVIL CODE OF THE PHILIPPINES)
2. Legal framework that fixes or limits the fee
| Source of law | Core rule on fees | Key take-away |
|---|---|---|
| 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), Rule V | A notary “may charge not more than the maximum fee prescribed by the Supreme Court,” must post a fee schedule, issue a BIR-registered receipt, and record each fee in the notarial register. Travel fees are allowed if agreed in advance. | There is a nationwide ceiling per notarial act. |
| Nationwide fee schedule still in force (2004) | Supreme Court resolutions that accompanied the Rules have not been amended; the ceiling remains ₱200 per acknowledgment or jurat. (Notarization Fees for Affidavit of Loss in the Philippines — Respicio & Co.) | The cap applies whether the document is an affidavit or a multi-million-peso Deed of Sale. |
| Code of Professional Responsibility & Accountability (2023) | Lawyers must charge only “fair and reasonable” fees; unconscionable charges are sanctionable. (Notarization Fees for Special Power of Attorney in the Philippines) | |
| IBP chapter “recommended schedules” | Local IBP chapters publish suggested tariffs (often ₱150–₱200 per act) and separate professional-service scales. These are persuasive, not mandatory, and cannot override the Supreme Court cap for the notarial act itself. (IBP Recommended Fees - Notary Public - Scribd) |
Bottom line: The pure act of stamping, signing, and recording the Deed of Sale may not exceed ₱200 per original instrument anywhere in the country, absent a new Supreme Court schedule.
3. What often makes the bill balloon
Most sellers and buyers are quoted “notarial fees” far above ₱200 because several other professional services get bundled in:
| Item (typical for a real-estate closing) | Common basis for charging | Why it is not the capped notarial fee |
|---|---|---|
| Drafting or revising the Deed and tax forms | Fixed quote or 0.5 %–1 % of price | This is legal work, governed only by the reasonableness rule. |
| Due-diligence review of the title, tax clearances, liens | Hourly / per-document | Legal services. |
| Running to BIR, LGU, and Registry of Deeds | Per appearance or percentage | Considered messenger or para-legal fees. |
| “Mobile” signing session outside the notary’s office | Travel fee agreed in advance | Explicitly allowed by Rule V § 2. |
Because the market treats the whole bundle as “notary fee,” many Filipinos (and even some lawyers) assume that percentage-of-price charges are legal for the notarization itself. They are not.
Examples from current market ads and law-firm blogs: 1 %–1.5 % of property value for deeds in Metro Manila, with quoted ranges such as ₱10 000–₱75 000 depending on value and complexity. (Notarizing a Deed of Sale for Property in the Philippines: Costs and ..., Who Pays for Notarization of Deed of Sale - Respicio & Co. Law Firm, Cost of Title Transfer in the Philippines - Respicio & Co. Law Firm)
4. Who shoulders the fee?
There is no statute that dictates allocation. Parties may stipulate under Art. 1306 of the Civil Code. By custom the buyer pays most closing costs—including the notarial fee—because the buyer needs the deed registered. (A Comprehensive Look at Who Should Bear the Costs for the Deed ...)
5. How many “notarial acts” are there in one closing?
- Each original copy signed and sealed is a separate act (e.g., five originals → five notarizations).
- If spouses or multiple owners sign, each acknowledgement is one act per instrument (the fee cap is per document, not per signatory).
- Extra certified true copies you request later are separate acts, each with its own (capped) fee.
6. Additional sums that are not notarial fees
| Government impost | Current rate | Notes |
|---|---|---|
| Documentary Stamp Tax on sale | 1.5 % of higher of zonal value or price | Paid to BIR before registration; the DST printout is stapled to the deed but is not part of the notary’s fee. |
| Registration fee (Registry of Deeds) | ~0.25 % of value | Land Registration Authority schedule. |
| Capital-Gains / Creditable Withholding Tax | 6 % (seller) or 15 % (if corporate) | Settled with BIR, not with the notary. |
7. Remote or online notarization?
A.M. No. 20-07-04-SC allowed video-conference notarization during the 2020-2023 pandemic pilot but expired without extension. Any deed signed online after the pilot carries a registration risk. Fees, had the pilot remained in force, were still capped at ₱200 plus actual technology costs. (Notarization Fees for Affidavit of Loss in the Philippines — Respicio & Co.)
8. How to protect yourself from over-charging
- Look for the posted tariff in the notary’s office (Rule V § 5).
- Ask for an official receipt that itemises: (i) notarization (should not exceed ₱200), and (ii) professional or facilitation fees.
- Compare with other firms. Many reputable offices charge a flat ₱1 000–₱2 000 for the entire closing package of an average-priced condo if you do the BIR runs yourself.
- File a complaint with the Executive Judge if the notary:
- refuses to break down the charges,
- collects more than ₱200 for the act itself, or
- fails to record the deed in the notarial register.
Sanctions range from fines to suspension or revocation of the notarial commission. Notaries have been disciplined even for far smaller infractions (e.g., A.C. No. 9209, Almario v. Agno, 2018). ([PDF] Marcelo vs. NLRC 1 - Supreme Court of the Philippines)
9. Practical checklist for your signing day
- Bring two valid government IDs per signatory.
- Print clean, unsigned deed copies; sign only in front of the notary.
- Bring the correct BIR Documentary-Stamp printout, or buy the stamps in advance.
- Make sure the notary writes the complete acknowledgment block: venue, names, competent evidence of identity, commission number, expiry date, page/paper number.
- Get at least one “client’s copy” with original signatures and seal; you will need it for utilities and tax filings.
10. Key take-aways
The capped fee for the act of notarization of a Deed of Sale is still ₱200 per original instrument nationwide.
Anything higher must be justified as a separate, clearly-identified professional fee (drafting, due diligence, courier work). Insist on transparency; the rules—and the Supreme Court—are on your side.