Notarization Fees for Special Power of Attorney in the Philippines

Notarization Fees for Special Power of Attorney in the Philippines: A Comprehensive Guide

A Special Power of Attorney (SPA) is a legal instrument by which a principal (the person granting authority) designates an agent or attorney-in-fact to perform specific acts on the principal’s behalf. In the Philippines, the SPA must typically be notarized to ensure its validity and enforceability against third parties. However, the cost and process of notarizing an SPA can sometimes lead to confusion. This article explains the key considerations, legal framework, and practical details surrounding notarization fees for Special Powers of Attorney in the Philippine context.

1. Legal Basis for Notarization in the Philippines

  1. 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC)

    • Promulgated by the Supreme Court, these rules govern notaries public in the Philippines.
    • They set forth guidelines on qualifications of notaries, requirements for notarization, and the proper conduct of notarial acts.

  2. Role of the Integrated Bar of the Philippines (IBP)

    • The IBP is the official organization of Philippine lawyers.
    • Local IBP chapters may issue suggested notarial fee schedules, but the actual fees charged can still vary among notaries.

  3. Local Ordinances and Court Circulars

    • While no single statute fixes a universal notarial fee for SPAs, local guidelines and court circulars may influence or recommend fee ranges.
    • Notaries are also required to post their fees in a conspicuous place in their office to promote transparency.

2. Understanding the Special Power of Attorney

  1. Purpose and Scope

    • An SPA grants the agent authority to carry out specific, clearly defined transactions—for instance, selling property, managing bank accounts, or signing documents on the principal’s behalf.
    • Because of the legal importance of these transactions, the SPA must typically be notarized to bind third parties who rely on it.

  2. Acknowledgment vs. Jurat

    • Acknowledgment: The notary public certifies that the person signing the document has acknowledged that they executed it as their free act and deed.
    • Jurat: The notary certifies that the document was signed under oath.
    • Most SPAs use an acknowledgment, but it is crucial to confirm which format is required by the agency or institution that will use the SPA.

3. Notarization Fees: What to Expect

  1. General Range of Fees

    • There is no nationwide, fixed fee for notarizing an SPA in the Philippines. However, typical fees range from PHP 200 to PHP 1,000 for a straightforward Special Power of Attorney.
    • The exact amount may depend on:
      • Location: Urban centers or central business districts may command higher fees than rural areas.
      • Complexity: If the SPA is lengthy or requires additional legal advice or drafting by the notary, the charge may be higher.
      • Number of Signatories: Multiple principals or attorneys-in-fact sometimes incur additional costs.
      • Additional Services: If the notary needs to travel for on-site notarization or if there are ancillary tasks (e.g., printing, photocopying, drafting), extra fees may apply.

  2. IBP-Suggested Fees

    • Many local IBP chapters issue recommended fees for standard notarial acts, generally in the PHP 200–300 range for the first page and an additional PHP 50–100 for each subsequent page.
    • These are guidelines only; actual fees vary from notary to notary.

  3. Posting of Fees

    • Under the 2004 Rules on Notarial Practice, notaries are required to post a schedule of fees in a visible place in their offices to inform clients clearly.
    • Always check for a posted schedule or inquire directly with the notary to avoid hidden charges.

  4. Potential Variations and Overcharging

    • While many reputable law offices adhere to IBP-recommended rates, there have been instances of overcharging.
    • If a fee seems unreasonably high, you may consult another notary or report the issue to the local IBP chapter if you suspect unethical practices.

4. Key Steps for the Notarization of an SPA

  1. Drafting or Preparing the SPA

    • You may write the SPA yourself, use a template, or engage an attorney to draft it.
    • Notaries are licensed attorneys in the Philippines; they can also help refine or draft the document for an additional legal fee, separate from the notarial fee.

  2. Presentation of Valid Identification

    • Every signatory to the SPA must appear personally before the notary.
    • A valid government-issued ID (e.g., passport, driver’s license, UMID) must be presented for the notary to verify identity.

  3. Review and Compliance

    • Before signing, ensure all details (e.g., name, address, authority granted) are accurate.
    • The notary will check your understanding of the document and confirm that you are signing voluntarily.

  4. Signing and Sealing

    • You (the principal) will sign the SPA in the presence of the notary.
    • The notary affixes a notarial seal and signs the notarial certificate (acknowledgment or jurat), thereby notarizing the document.

5. Additional Considerations

  1. Notarization of SPA for Overseas Use

    • If you are abroad and need an SPA to be used in the Philippines, you can have it notarized at a Philippine Embassy or Consulate.
    • Consular fees can differ from local notarial fees and might be higher.
    • The document may also need an Apostille (as the Philippines is a party to the Apostille Convention), depending on the receiving institution’s requirements.

  2. Validity Period of the SPA

    • The SPA remains effective until its purpose is fulfilled or until it is revoked.
    • Notarization does not automatically expire, but some institutions (especially banks) may require recently notarized documents, so they might impose their own cut-off periods (e.g., six months to one year from notarization date).

  3. Multiple Originals or Certified Copies

    • It may be wise to secure multiple notarized originals of the SPA if you need to submit it to various institutions.
    • Additional copies typically incur extra fees if each copy must have an original notarial seal. Alternatively, you can obtain “Certified True Copies” from the notary or request separate notarizations.

  4. Revocation and Amendments

    • Should you wish to revoke or amend an SPA, you must do so via a Revocation of SPA or an Amended SPA, typically notarized as well.
    • Inform all concerned parties (e.g., banks, government agencies) of the revocation or amendment.

6. Common Pitfalls and Tips

  1. Avoid “Colorum” Notaries

    • Only lawyers in good standing and duly commissioned by the court may act as notaries public in the Philippines.
    • Beware of non-lawyers illegally offering notarial services.

  2. Verify the Commission

    • A valid notary’s commission should be displayed in the notary’s office. You may ask to see the notary’s current commission certificate or check with the local Regional Trial Court (RTC) or IBP chapter.

  3. Request an Official Receipt

    • Philippine lawyers and law firms are required to issue official receipts for any legal or notarial fee paid.
    • This helps ensure transactions are properly documented and discourages overcharging or unreported fees.

  4. Shop Around

    • If you find the quoted fee unreasonably high, politely inquire elsewhere.
    • While fees may differ based on the complexity and location, you generally should be able to find a notarial fee within a standard or competitive range.

  5. Clarity in Drafting

    • A well-drafted SPA saves time and money. Make sure the document is clear and specific about the authority granted.
    • If in doubt, consult a lawyer to avoid costly mistakes or potential disputes later.

7. Conclusion

Notarization fees for a Special Power of Attorney in the Philippines can vary based on factors such as location, complexity, and the notary’s professional assessment. While there is no single mandated fee nationwide, typical charges range from a few hundred pesos up to around one thousand pesos for a straightforward SPA. Always confirm the fee schedule, ensure you are dealing with a duly commissioned notary, and keep official receipts for any fees paid.

Notarization is essential for validating your SPA’s authenticity, thus protecting both you and any third party that relies on the authority you grant. By understanding the legal framework, typical fee structures, and best practices, you can smoothly execute and notarize your Special Power of Attorney in the Philippines, minimizing delays and ensuring your legal interests are safeguarded.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For specific concerns regarding your particular circumstances, it is recommended to consult a licensed attorney in the Philippines.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login