Notarization Requirements Philippines
Notarization is a legal process that lends credibility and authenticity to a document by having it signed in the presence of a notary public. This article discusses when notarization is mandatory under Philippine law, its implications, and exceptions.
Types of Documents
Not all documents need to be notarized for them to be valid. Documents can be categorized into private documents and public documents. Private documents, such as letters or informal agreements, usually do not need notarization unless specified by law. Public documents, like affidavits or deeds, commonly require notarization to be considered authentic.
Legal Importance of Notarization
Notarization transforms a private document into a public document, thereby giving it the presumption of regularity and authenticity. In litigation, for instance, notarized documents carry more weight as evidence than non-notarized ones.
Mandatory Notarization
In some cases, Philippine law specifically mandates the notarization of documents. For example, contracts involving real property must be notarized to be effective against third parties. Documents that create, transmit, modify, or terminate real rights over immovable property should also be notarized.
Exceptions to Notarization
There are situations where notarization is not required. Documents like personal letters, academic transcripts, and certain company-internal documents usually do not require notarization for their basic validity, unless they are to be used for legal proceedings or transactions.
The Notary Public
A notary public is an officer commissioned by the state to perform acts in legal affairs, such as witnessing signatures on documents. The notary ensures that the signatories are who they claim to be and understand the document they are signing.
Electronic Notarization
The advent of technology has also introduced the concept of electronic notarization in the Philippines. Although still subject to various legal guidelines, electronic notarization is becoming increasingly accepted as equivalent to traditional notarization for certain types of documents.
Penalties for False Notarization
False notarization is a serious offense under Philippine law. Both the person who executed the false document and the notary public who participated in the false notarization can be held criminally liable.
Conclusion
Notarization is not universally required for all types of documents in the Philippines. It is, however, essential for lending credibility and authenticity to specific types of documents, especially those that are used in legal proceedings or transactions involving third parties. Given the legal weight and the penalties involved, proper notarization should be taken seriously and, in many instances, is best conducted with legal advice.