Obtaining a Copy of a Notarized Document in the Philippines

Below is a comprehensive discussion of how to obtain a copy of a notarized document in the Philippines, including relevant legal principles, standard procedures, and practical considerations under Philippine law. This article is for general informational purposes only and does not constitute legal advice. If you have specific legal concerns, you should consult a qualified Philippine attorney.

1. Overview of Notarized Documents in the Philippines

1.1 Definition and Importance of Notarization

A notarized document is a written instrument that has been certified and sealed by a commissioned notary public. In the Philippines, notarization is governed primarily by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). By having a document notarized, the parties involved acknowledge (1) their identities, (2) that they understand the contents of the document, and (3) that they freely and voluntarily signed it.

Notarized documents carry a presumption of authenticity in terms of the signatures and the identity of the signing parties. This presumption lends credibility to personal or business transactions and makes the notarized document admissible in evidence without further proof of authenticity (subject to the rules of court and rules of evidence).

1.2 The Notary Public’s Role and Duties

Under the 2004 Rules on Notarial Practice, notaries public in the Philippines are authorized by the Regional Trial Court (RTC) in the jurisdiction where they practice. They must keep:

  • A notarial register, in which they record details of every notarization they perform.
  • Copies or records of the documents they notarize (if the particular document type or local rules require it).

Because these duties are essential for maintaining the integrity of notarized instruments, the notarial register is key to retrieving or verifying notarized documents.

2. Reasons for Obtaining a Copy of a Notarized Document

  1. Lost or Damaged Original: The original notarized document may have been misplaced, destroyed, or become illegible.
  2. Multiple Transactions: You may need additional certified copies for government transactions, business dealings, or court proceedings.
  3. Evidence in Litigation: Certified copies of notarized documents are often required as evidence in Philippine courts or quasi-judicial agencies.
  4. Compliance with Government Agencies: Certain agencies (e.g., the Securities and Exchange Commission, the Bureau of Internal Revenue, or the Register of Deeds) may require a duly notarized and certified document for recording or filing.

3. Primary Sources for Obtaining a Copy

3.1 The Original Notary Public

The first place to request a copy of a notarized document is from the notary public who performed the notarization. Under Philippine notarial rules:

  1. Notarial Register

    • The notary public must maintain and keep safe a notarial register.
    • Each entry in the register reflects the specifics of the notarized document: the parties, date of notarization, type of document, etc.

  2. Retention of Documents

    • The notary public may be required to keep copies of certain classes of documents, particularly if local rules or the nature of the document so require (e.g., real estate transactions).
    • Generally, the notary must retain the register and relevant records for at least five (5) years (though local court rules or administrative issuances may vary the retention period).

  3. Request Procedure

    • Contact the notary public’s office, providing the approximate date of notarization, the names of the parties, and the type or title of the document.
    • If available, provide the document number, page number, and book number from the notarial register (often appearing as a reference line near the notary’s signature on the original).
    • The notary can then issue either a certified true copy of the original in their records or a copy of the pertinent entry from the notarial register, accompanied by the notary’s certification and seal.

  4. Fees

    • Notaries typically charge a nominal fee for copies and certifications. The amount may be regulated by local ordinances or by guidelines of the local Integrated Bar of the Philippines (IBP) chapter.

3.2 Office of the Executive Judge or Clerk of Court (RTC)

Under the 2004 Rules on Notarial Practice, notaries must regularly submit their notarial registers to the Office of the Clerk of Court (of the Regional Trial Court that commissioned them). If the original notary public:

  • Is no longer practicing,
  • Has died,
  • Has changed address, or
  • You cannot locate the notary’s office for any reason,

you can approach the Office of the Clerk of Court at the Regional Trial Court that granted the notary’s commission. The Court may have custody of older notarial records or be able to direct you to the appropriate repository.

  1. Verify the Commission Details

    • You should find out the name of the notary public, the region or city where they were commissioned, and the approximate date of notarization.
    • The Clerk of Court’s office can check if they have the notarial registers corresponding to that time period.

  2. Court’s Procedure

    • If the Clerk of Court’s office has the relevant notarial registers, you can request a certified copy of the register entry or any attached duplicate/copy of the document in the court’s file.
    • You may be required to submit a formal written request or fill out a request form, present valid identification, and pay the required copying and certification fees.

3.3 Other Possible Repositories

  1. Register of Deeds

    • If the notarized document pertains to real property (e.g., a Deed of Sale, Mortgage, or other property-related instruments), it is often required to be submitted to the Register of Deeds for registration. You can secure a certified true copy of the recorded document from the Register of Deeds of the city or municipality where the property is located.
    • Ensure you provide the title number, property location, or other identifying information.

  2. Government Agencies

    • For corporate documents (e.g., Articles of Incorporation, Board Resolutions), the Securities and Exchange Commission (SEC) may have a copy if the document was filed with them.
    • For certain tax-related documents, the Bureau of Internal Revenue (BIR) may hold records if the notarized paper was part of a tax filing.

  3. Parties to the Document

    • The person(s) who originally signed or received the original notarized document may have retained a copy. This might be the quickest route if you have a good relationship or direct contact with a signatory.

4. Step-by-Step Guide to Requesting a Copy

Below is a simplified outline of the steps you might take:

  1. Gather Information

    • Document details: type (affidavit, contract, deed, etc.), date of notarization, names of parties, notarial register details if available.
    • Notary public details: name, commission number, address if known.

  2. Contact the Notary Public

    • Call or email the notary’s office if the notary is still active. Inquire about availability of the notarial record and request the process for obtaining a certified copy.

  3. Visit the Office or Submit a Written Request

    • Some notaries or Clerk of Court offices require an in-person visit to verify identity and process payment. Others may accept a written request or a representative with a special power of attorney (SPA).

  4. Pay the Required Fees

    • Ask about certification fees, documentary stamp taxes (if any), and other administrative costs. Keep official receipts.

  5. Obtain the Certified Copy

    • Ensure the notary public or Clerk of Court signs and affixes the official seal on the certified copy. Verify all details are correct.

  6. Check for Additional Agency Requirements

    • If the copy is to be submitted to another government agency or a court, confirm whether they require further certification (e.g., red ribbon/Apostille for foreign use) or if an official “certified true copy” from the notary or court is sufficient.

5. Special Notes on Apostille (for Use Abroad)

If you need the notarized document (or its copy) for use outside the Philippines, you may need to secure an Apostille. The Philippines is a member of the Apostille Convention, which simplifies the authentication process for documents to be recognized in other member countries. The process typically involves:

  1. Getting the notarized document (or a certified copy) from the notary or Clerk of Court.
  2. Submitting the document to the Department of Foreign Affairs (DFA) for Apostille.
  3. Presenting the Apostilled document to the foreign entity or embassy/consulate that requires it.

Be sure to verify with the destination country or institution whether an Apostille suffices or if additional steps are needed.

6. Costs and Timelines

  • Costs:

    • Notarial fees are regulated in part by local ordinances, court guidelines, or IBP chapter rules.
    • Certification fees for copies can range from a few hundred pesos to higher amounts depending on the complexity and volume of documents.
    • Government offices (e.g., SEC, Register of Deeds) have their own schedule of fees for certified copies.

  • Timelines:

    • Retrieval from the notary public can be relatively quick, often within a few days, assuming the notary’s office is accessible and the register is readily available.
    • Requests through the Clerk of Court or a government agency may take longer, usually between a few days to a few weeks, depending on how well-archived the records are and the office’s current backlog.

7. Common Challenges and How to Address Them

  1. Notary Public is Unreachable or Deceased

    • Proceed to the Clerk of Court or the relevant government agency (e.g., Register of Deeds) where the document might be recorded.

  2. Insufficient Document Details

    • If you lack the full notarization details, provide as much information as possible (names, approximate dates, type of document). The Clerk of Court may be able to locate the entry if you can narrow the timeframe.

  3. Refusal to Provide Records

    • Generally, the notarial register is a public record, subject to reasonable safeguards. If a notary or clerk’s office refuses without clear explanation, you can seek advice or assistance from the Office of the Executive Judge or consult an attorney to enforce your right to inspect and obtain copies.

  4. Damaged/Incomplete Notarial Register

    • In rare cases where records are missing or destroyed, you may need a reconstitution proceeding or other remedial legal action. Consult an attorney for further steps.

8. Practical Tips

  • Always Record Notarial Details

    • Whenever you notarize an important document, keep a personal note of the notary’s name, address, commission details, and the notarial register’s Book Number, Page Number, and Document Number.

  • Obtain Multiple Original Copies at Signing

    • If you anticipate needing multiple originals (for example, when each party needs an original for separate purposes), request them at the time of notarization.

  • Check Local Rules

    • Always verify if your local jurisdiction (city, province) has supplemental regulations that add requirements or fees related to obtaining certified copies.

  • Seek Legal Advice for Complex Transactions

    • If the document relates to major transactions (real estate, corporate, inheritance, etc.), a Philippine lawyer can guide you through ensuring that certified copies are properly obtained and recognized by the relevant agencies.

Conclusion

Obtaining a copy of a notarized document in the Philippines involves knowing where and how to request it. The notary public who performed the notarization is the first and most direct source. Failing that, the Clerk of Court (Office of the Executive Judge) overseeing the notarial records is often the next recourse. For property-related or business filings, the Register of Deeds or other governmental offices may also have copies on file.

Understanding the 2004 Rules on Notarial Practice, including notary retention requirements, is essential to navigating the process. Timely and accurate retrieval of notarized documents can save you from potential legal or administrative complications down the line. If in doubt or if complications arise, consult an attorney to ensure your rights and interests are properly protected.

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

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