Notarization of Authorization Letters in the Philippines

(A comprehensive legal guide as of 24 April 2025)

1. Introduction

Filipinos regularly execute authorization letters—simple writings that let one person (“agent”) perform a specific, usually routine act on behalf of another (“principal”). Banks, government agencies, couriers, utilities, and even schools accept them every day. Whether that letter must be notarized depends on the nature of the act, the entity’s internal rules, and Philippine notarial law. This article gathers everything a practitioner or layperson needs to know: governing statutes, drafting tips, procedural rules, common pitfalls, and emerging trends such as remote notarization and apostille use abroad.

Disclaimer: This material is for informational purposes and does not create a lawyer-client relationship. Always consult counsel for specific situations.

2. Legal Framework

Source	Key Provisions Relevant to Authorization Letters
Civil Code of the Philippines (Arts. 1318, 1356, 1390-1391)	Consensual contracts may be oral or written; some must follow a “solemn” form. An authorization letter is a unilaterally executed private document and, unless law requires a special form (e.g., sale of land), freedom of form governs.
2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC, as amended 2020)	Defines notarial acts, states the notary’s qualifications, territorial jurisdiction, record-keeping, fees, forms of certificate, personal appearance, and competent evidence of identity.
Revised Penal Code (Arts. 171-172)	Penalizes falsification of documents, including notarized private writings.
Rules of Court, Rule 132 §§19-23	A notarized private document becomes a public document, admissible in evidence without further proof of authenticity.
Hague Convention Abolishing Legalisation Requirement for Foreign Public Documents (Apostille Convention; PH acceded 14 May 2019)	Apostille replaces consular legalization for notarized documents sent abroad.

3. Authorization Letter vs. Special Power of Attorney (SPA)

Feature	Authorization Letter	SPA
Purpose	Single or narrowly defined, usually ministerial act (e.g., claim an ID, pick up parcel, submit papers)	Act of strict dominion or significant consequence (e.g., sell real estate, sign contracts, open a bank account)
Form	May be private (no notarization) unless required by recipient	Must be in public instrument (notarized) when law so requires (Art. 1878 Civil Code)
Notarial act used	Acknowledgment (most common) or Jurat if the agent must swear to statements of fact	Always Acknowledgment
Effect of notarization	Elevates to public document, bestows presumption of authenticity, facilitates acceptance by agencies	Same, but additionally creates a “special authority” under Civil Code

4. When Is Notarization Legally Required?

Law-mandated transactions
- Acts listed in Art. 1878 (e.g., sale or mortgage of land, loan > ₱5,000, compromise of action, donation of personal property > ₱5,000) must use an SPA, hence notarized.
Entity-imposed rules
- Banks, the LTO, SSS, DFA, and courier companies often insist on notarized letters for risk-management.
Foreign use
- Any Philippine private document bound for another Apostille-party state needs notarization first, then apostille.
Evidentiary needs
- If the act may later be litigated, notarization minimizes authenticity disputes.

Otherwise, notarization is optional but prudent.

5. Drafting an Authorization Letter

Essential clauses:

Title (e.g., “Authorization Letter”)
Date and place of execution
Parties
- Full legal name of principal (grantor) and agent.
- Citizenship, civil status, address, valid ID numbers.
Grant of authority
- Clear description: “to receive on my behalf my Pag-IBIG Loyalty Card at the XYZ branch”.
Validity period or single-use wording
Conformity or acceptance (agent’s signature signalling acceptance)
Signature block for principal (and optional agent)
Attachments
- Photocopies of IDs; sometimes a specimen signature card.

6. Procedure for Notarization

Personal appearance of the principal before the notary public (no appearance, no notarization). The agent need not appear unless also signing and acknowledging.
Presentation of competent evidence of identity (Rule II §12):
- At least one current government-issued ID with photo and signature; or
- Two credible witnesses personally known to the notary, each with valid ID.
Type of notarial act
- Acknowledgment: signer admits that the signature is voluntary and for the stated purpose.
- Jurat: signer swears to the truthfulness of the contents; the instrument is subscribed and sworn. Some agencies (e.g., BIR affidavits) require a jurat.
Signing in the notary’s presence (or acknowledgement if previously signed).
Notary’s entries
- Sequential Document No., Page No., Book No., Series of year.
- Record in the notarial register (name, ID details, transaction nature, fee).
Seal and Certificate
- Dry seal or ink stamp, notarial signature, commission number, office address, roll number, IBP number, PTR number.
Release of document plus optional official receipt for fees.

Fee threshold: Local executive judges issue maximum fee schedules (commonly ₱100–₱200 for an acknowledgment). Charging beyond may incur administrative liability.

7. Effect of Notarization

Converts the letter into a public document (Rule 132 §19), making it self-authenticating.
Creates a prima facie presumption of the truth of recitals and due execution, rebuttable only by “clear and convincing” evidence (Case law: Firme v. Bukal, G.R. No. 140630, 2001).
Imposes on the notary a public office duty; breach can mean suspension, revocation, or criminal prosecution.

8. Territorial Limits & Overseas Scenarios

Situation	Proper Venue / Procedure
Principal abroad, agent in PH	1) Execute the letter before a Philippine Consulate (consular notarization) or 2) before a local notary overseas, then apostille/legalize, send to PH.
Principal in PH, letter to be used abroad	Notarize in PH → DFA Apostille → present abroad.
Dual-location appearance	Philippine law disallows “split” notarization; personal appearance must be before the same notary.

9. Remote and Electronic Notarization

Interim Rules on Remote Notarization of Paper Documents (IRRPD) were promulgated 4 May 2020 during the COVID-19 pandemic. They allow audio-visual communication (AVC) notarization only when the signatory is within the same territorial jurisdiction of the notary, and subject to strict video recording and document-transmittal protocols.
The IRRPD remains interim; many notaries resumed traditional practice. Check the latest issuance of your Executive Judge whether remote notarization commissions remain recognized.
Electronic documents under the E-Commerce Act (R.A. 8792) and Supreme Court A.M. No. 01-7-01-SC (Rules on Electronic Evidence) may be digitally signed, but very few institutions accept purely electronic authorization letters.

10. Documentary Stamp Tax (DST)

A plain authorization letter does not attract DST.
An SPA may be assessed ₱100 DST under Sec. 195(4) of the National Internal Revenue Code, but the BIR rarely enforces on simple SPAs unless presented for registration.

11. Liabilities and Sanctions

Offender	Possible Liability
Notary Public	Administrative suspension or revocation of commission; criminal liability for falsification (RPC Art. 171 no. 4); civil damages.
Principal/Agent	Perjury (Art. 183), falsification, estafa, civil liability for unauthorized acts.
Third party using forged letter	Falsification (Art. 172), estafa, civil damages.

Courts strictly discipline notaries; see Philippine Bar v. Atty. Tadena (B.M. No. 1427, 2005) where careless notarization led to one-year suspension.

12. Expiry and Revocation

An authorization letter expires:
1. On the date expressly stated;
2. Upon completion of the act; or
3. When revoked in writing and the third party learns of revocation (Art. 1922 Civil Code, by analogy to agency).
Revocation should likewise be notarized for clarity.

13. Practical Drafting & Execution Tips

Choose the correct instrument: use a notarized SPA, not a mere letter, for acts of ownership or high financial value.
Keep it narrow: specify only the intended transaction to prevent abuse.
Attach IDs: photocopies speed up acceptance.
Avoid blanks: never leave portions (dates, amounts) blank when signing.
Bring two originals: one stays with the recipient, one for your file.
Logistics: book appointment—many notaries now operate by schedule.
Due diligence: ask the receiving agency exactly what form they require (acknowledgment vs jurat, dry seal, consular apostille, etc.).

14. Sample Forms

14.1 Authorization Letter (Acknowledgment Form)

AUTHORIZATION LETTER

I, JUAN D. DELA CRUZ, of legal age, Filipino, married, and residing at 123 Mabuhay St., Quezon City, do hereby authorize MARIA L. SANTOS, likewise of legal age, Filipino, single, and residing at 456 Maligaya Ave., Quezon City, to claim on my behalf my Passport released by the Department of Foreign Affairs–Aseana Office.

This authority is valid only on 30 April 2025 and shall automatically lapse thereafter.

Signed this 24th day of April 2025 in Quezon City, Philippines.

Juan D. Dela Cruz (Grantor)

Conforme:

Maria L. Santos (Grantee)

ACKNOWLEDGMENT
Republic of the Philippines )
City of Quezon City ) S.S.

On this 24th day of April 2025, before me, a Notary Public for and in Quezon City, personally appeared JUAN D. DELA CRUZ, known to me through his Philippine Passport No. P1234567A, who is personally known to me and executed the foregoing Authorization Letter and acknowledged that the same is his free and voluntary act and deed.

IN WITNESS WHEREOF I have hereunto set my hand and affixed my notarial seal on the place and date first above written.

Doc. No. ___; Page No. ___; Book No. ___; Series of 2025.

14.2 Jurat Variant (when contents are sworn statements)

Add the jurat certificate: “SUBSCRIBED AND SWORN to before me … affiant exhibiting ….”

15. Frequently Asked Questions (FAQs)

Question	Short Answer
Can my spouse sign the letter if I’m abroad?	Only if you first execute and notarize the letter (or an SPA) abroad and send it, or if you executed a prior SPA in his/her favor.
Is e-mail authorization acceptable?	Many agencies reject unsigned electronic letters; a digital signature with certificate may suffice legally but is rarely operationally accepted.
Do I need two witnesses?	Notarial rules no longer require subscribing witnesses, but some agencies (Pag-IBIG loans) still ask. If required, they sign beneath the principal’s signature.
Can a Barangay Captain notarize?	No. Only lawyers commissioned by the RTC Executive Judge may perform notarial acts within their jurisdiction.
What if my ID is expired?	The notary must refuse unless you produce a current ID or two credible witnesses.

16. Conclusion

A notarized authorization letter is a fast, low-cost legal tool that turns an informal permission slip into a public document with evidentiary credibility. While Philippine law does not always mandate notarization, many institutions do, and the benefits—ease of acceptance, fraud deterrence, enforceability—usually outweigh the minor inconvenience.

To ensure validity: draft with clarity, appear personally before a duly commissioned notary, comply with identification rules, and limit the authority to the specific act intended. For acts of ownership, transactions abroad, or anything of material value, upgrade to a notarized Special Power of Attorney. With these guidelines, both principals and agents can navigate everyday transactions with confidence and legal certainty.