Notarized Declaration Document Requirements and Costs

Disclaimer: The following information is provided for general informational purposes and does not constitute legal advice. Laws, regulations, and fees may change over time and can vary based on specific localities. If you need detailed guidance on a particular case or situation, it is best to consult a licensed attorney or a reputable notary public in the Philippines.

I. Introduction

In the Philippines, notarized declarations (often referred to as “affidavits” or sworn statements) are documents in which a person (“affiant” or “declarant”) makes a statement of facts or a declaration under oath. Notarization imbues these documents with a layer of authenticity and formality, making them generally acceptable in legal, administrative, or other formal proceedings.

This article explores the requirements, process, and costs involved in preparing a notarized declaration document under Philippine law, including references to the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and other relevant guidelines.

II. Legal Basis for Notarization in the Philippines

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

    • These rules, promulgated by the Supreme Court, govern the practice of notaries public in the Philippines. They outline who may act as a notary, how notarization is conducted, and what are the requirements for valid notarized documents.

  2. Role of the Notary Public

    • A notary public is a lawyer authorized by the court to perform notarial acts within a specific geographic jurisdiction.
    • They are responsible for verifying the identity of the signatories, ensuring that the document is signed voluntarily, and administering the oath if the document is sworn under penalty of perjury.

  3. Importance of a Notarized Declaration

    • A notarized declaration (or affidavit) carries evidentiary weight in judicial, quasi-judicial, and administrative proceedings.
    • It is generally presumed to be regular and truthful, although it can still be subject to challenge.
    • It helps deter fraud by requiring personal appearance, valid identification, and the notary’s certification.

III. Common Types of Notarized Declarations

  1. Affidavit of Loss
    • Used to declare the loss of a document or item (e.g., passport, driver’s license, certificate of title).
  2. Affidavit of Support
    • Issued often for immigration or visa purposes to prove that the affiant will provide financial support to a person.
  3. Affidavit of Desistance
    • Used by a complainant who formally states they no longer wish to pursue legal charges or actions against someone.
  4. Affidavit of Single Status or Civil Status
    • Used to declare one’s civil status, often required for marriage license applications (especially if marrying abroad).
  5. Other Declarations/Sworn Statements
    • General statements of fact, statements required by various government agencies, or personal declarations under oath.

Though these documents vary in content, they share the same fundamental requirement for notarization: the declarant must personally appear and affirm the statements before a notary public.

IV. Requirements for a Valid Notarized Declaration

  1. Personal Appearance of the Signatory

    • The affiant (person making the declaration) must appear before the notary public to sign (for an acknowledgment) or affirm under oath (for a jurat).
    • This requirement helps the notary confirm the identity and willingness of the affiant.

  2. Competent Evidence of Identity

    • The affiant must present at least one government-issued ID with a photo and signature—e.g., passport, driver’s license, Unified Multi-Purpose ID (UMID), Professional Regulation Commission (PRC) license, etc.
    • Under the 2004 Rules on Notarial Practice, a valid ID must be current or recent. A notary can reject an expired or questionable ID.

  3. Document Preparation

    • The declarant or their legal counsel typically drafts the affidavit or declaration.
    • The statement must be written clearly, detailing the facts the affiant wants to declare.
    • It must include the affiant’s personal details (name, address, status) and, if applicable, relevant dates and data supporting the declaration.

  4. Correct Notarial Format

    • Acknowledgment versus Jurat:
      • Acknowledgment: The signatory acknowledges that they executed the document as their free and voluntary act. Often used for deeds or contracts.
      • Jurat: The signatory swears under oath that the contents of the document are true and correct. Commonly used for affidavits or sworn statements.
    • The document must have the correct notarial certificate (acknowledgment or jurat) inserted or attached.
    • The notary public’s details, signature, and seal (notarial seal and official signature) must appear on the document.

  5. Payment of Notarial Fee

    • The notary public may charge a fee for the notarization service. The Supreme Court rules do not fix a single standard rate, but local Integrated Bar of the Philippines (IBP) chapters often provide recommended rates.

  6. Notarial Register

    • The notary public is required to record details of every notarial act in the notarial register.
    • The affiant signs the notarial register and provides additional details (e.g., ID number, date of issuance).

V. Step-by-Step Process

  1. Draft or Obtain the Document

    • Write the affidavit or declaration, ensuring that the content is clear, factual, and includes necessary personal details.

  2. Identify the Appropriate Notary

    • Locate a notary public within the city or province where you need the document notarized. The notary’s authority is typically limited to the region for which they have a commission.

  3. Gather All Requirements

    • Prepare at least one valid government-issued ID to prove identity.
    • Ensure the document is signed in the notary’s presence if it’s under jurat (sworn statement). For an acknowledgment, you may sign beforehand, but personal appearance is still required so the notary can confirm your identity and voluntariness.

  4. Appear Before the Notary Public

    • Present the original document (unsigned if it’s a jurat).
    • Present your valid ID(s).
    • If you’re signing under a jurat, the notary administers an oath. If it’s an acknowledgment, you confirm you signed the document voluntarily.

  5. Review and Notarization

    • The notary reviews the document, checks the identity and willingness of the affiant, and ensures compliance with the notarial rules.
    • The affiant either signs (for jurat) or acknowledges the signature (for acknowledgment).
    • The notary affixes their signature, notarial seal, and details (commission number, IBP receipt number, roll of attorney’s number, MCLE Compliance, etc., if required).

  6. Pay the Notarial Fee

    • Fees are paid at this stage. Keep the official receipt if issued.

  7. Receive the Notarized Document

    • The notary logs the act in the notarial register and returns the notarized document to the affiant.
    • The affiant’s signature, document details, and transaction are recorded.

VI. Typical Costs and Fees

  1. Range of Fees

    • There is no uniform nationwide scale for notarial fees, but costs typically range from ₱50 to ₱300 per document, depending on the complexity, number of pages, and local practice.
    • High-value transactions or lengthy documents (e.g., real estate deeds or special powers of attorney involving substantial amounts) can incur higher fees. Some notaries charge a percentage of the transaction value.

  2. Local IBP Chapter Guidelines

    • Many IBP chapters issue recommended fees for notarial services. Notaries are urged to follow these guidelines to ensure fairness.
    • However, fees can still vary based on the notary’s discretion, the complexity of the document, location, or urgency of the request.

  3. Additional Costs

    • Some notaries may charge extra for drafting or editing the affidavit.
    • Travel or special services (e.g., if the notary is asked to come to a hospital or private home) typically add to the standard notarial fee.

  4. Pro Bono Services

    • In certain cases, lawyers may offer pro bono or discounted notarial services (e.g., during legal aid clinics).
    • It is worth checking if such assistance is available through local government offices or non-governmental organizations (NGOs).

VII. Penalties and Risks of Non-Compliance

  1. Invalid Notarization

    • A document notarized without the personal appearance of the affiant or with invalid identification can be declared void.
    • A “fake” notarization may make the document inadmissible in court or lead to sanctions against the notary public.

  2. Perjury and False Statements

    • Swearing to false statements in an affidavit can result in perjury charges under the Revised Penal Code.
    • Penalties may include imprisonment or fines.

  3. Administrative Sanctions for Notaries

    • Notaries who violate the 2004 Rules on Notarial Practice can be suspended, disqualified, or disbarred, depending on the seriousness of the violation.

VIII. Practical Tips

  1. Use Precise Language

    • Draft your statements clearly and concisely. Avoid ambiguous or contradictory statements.

  2. Double-Check Information

    • Ensure all personal details (full name, address, date of birth, etc.) and factual statements are accurate before appearing before the notary.

  3. Bring Sufficient Identification

    • Present at least one valid government-issued ID with a current photo and signature. Having a second ID on hand can be helpful.

  4. Ask About Fees Upfront

    • Clarify the notary’s fees before the notarization to avoid confusion.

  5. Keep the Original and Copies

    • Secure the notarized original. Make extra copies if you expect to submit them to multiple offices.

  6. Consult an Attorney if Needed

    • If the subject matter is complex or has significant legal consequences (e.g., land transactions, business contracts), it’s wise to seek legal advice from a qualified attorney before finalizing the affidavit.

IX. Conclusion

A notarized declaration (affidavit or sworn statement) in the Philippines provides a formal and legally recognized method for an individual to assert or declare specific facts under oath. Compliance with the 2004 Rules on Notarial Practice ensures that the document meets authenticity standards and is admissible in various proceedings.

To summarize:

  • Personal appearance and valid identification are non-negotiable requirements.
  • Drafting the document properly, choosing the right notarial certificate (acknowledgment or jurat), and paying the appropriate fees are part of the process.
  • Costs can vary by location and complexity but typically range from ₱50 to ₱300 or more.
  • Failure to follow proper procedures, or giving false statements, can lead to serious legal consequences.

For any questions or clarifications beyond these general guidelines, it is best to consult a reputable notary public or an attorney to ensure that your notarized declaration meets all legal requirements.

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

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