As of writing, I have been commissioned as a Notary Public for more than two years now. In these two years, I have observed that not a lot of Filipinos know the basics of getting their documents notarized. And as a result, I end up refusing to put my signature and seal on them because I prefer to err on the side of caution.
With that in mind, I have decided to write this simple guide on how to get documents notarized in the Philippines. This blog post will lay down what you need to know and what you should bring to successfully get your documents notarized by a legitimate notary public.
What is notarization?
Notarization is the act of certifying or attesting to a document made by a duly-commissioned notary public. In effect, this converts the private document into a public document, making it admissible for legal, evidentiary, and other similar purposes.
Where can I get my document notarized?
In the Philippines, you can get your document notarized by a duly-commissioned Notary Public. The 2004 Rules on Notarial Practice lays down the qualifications one must possess in order to be commissioned as a Notary Public. Particularly, Section 1, Rule III of the above-cited Rules states that for a person to be eligible as a Notary Public, that person:
- must be a citizen of the Philippines;
- must be over twenty-one (21) years of age;
- must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or province where the commission is to be issued;
- must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and
- must not have been convicted in the first instance of any crime involving moral turpitude.
From the enumeration above, it is understood that only lawyers can be commissioned as Notaries Public in the Philippines. This is something that you should always bear in mind before you have your documents notarized by just anyone claiming to be a Notary.
What should I bring to get my document notarized?
Knowing what to bring when you get your document notarized is crucial. I have refused to notarize documents because of this. Generally, a Notary Public will require personal presence, competent proof of identity, and extra unsigned copies of the document.
Personal Presence
First of all, personal presence is required. Whether it’s an affidavit, a contract, or any other document, all signatories must be present to swear or acknowledge to the notary that he/she/they executed the document.
Competent Proof of Identity
Second, you should bring competent proof of identity. Preferably, this should be a valid government-issued identification card bearing your photograph and signature. This will allow the notary to verify your identity, especially if you are not personally known to them. For more information, you can refer to the list of accepted competent proof of identity in the succeeding discussion below.
Extra Unsigned Copies
Third, bring extra unsigned copies. And I cannot stress this enough — the copies must be unsigned because you will be signing them in front of the notary (which is also why personal presence is required). Part of the notarization process requires you to sign the document in the presence of the Notary Public to help them ascertain that you fully understand the contents of what you are signing.
As a rule, bring two extra copies of the document because the notary public will retain two copies for our monthly Notarial Report. So, if you need four notarized copies of the document, bring six unsigned copies to the Notary Public.
I also want to mention that you should never bring signed photocopies of the documents. There have been numerous instances when I had to refuse the notarization of these photocopies, simply because we’re not allowed to do so.
At times, clients will be makulit and use appeal to pity to try to have documents notarized despite not meeting all the requirements. Dear reader, if you’re guilty of this, please understand that we worked hard to pass the Bar and be commissioned as notaries. For you, it may be “pirma lang naman eh“, but for us, it can be a ground for disbarment. So please understand why we’re very strict when it comes to notarizing documents.
NOTE: If you’re asking the Notary to draft a document for you, he/she may require you to present other documents to support his draft. This is especially true if he/she will be drafting contracts or deeds. This will be discussed at length in a separate post.
What is considered competent proof of identity?
According to Section 12 (a) as amended, Rule II of the 2004 Rules on Notarial Practice, a competent proof of identity refers to “at least one current identification document issued by an official agency bearing the photograph and signature of the individual, such as but not limited to:
- Passport
- Driver’s license
- Professional Regulations Commission ID
- National Bureau of Investigation clearance
- Police clearance
- Postal ID
- Voter’s ID
- Barangay certification
- Government Service and Insurance System (GSIS) e-card
- Social Security System (SSS) card
- Philhealth card
- Senior citizen card
- Overseas Workers Welfare Administration (OWWA) ID
- OFW ID
- Seaman’s book
- Alien certificate of registration/immigrant certificate of registration
- Government office ID
- Certification from the National Council for the Welfare of Disabled Persons (NCWDP)
- Department of Social Welfare and Development (DSWD) certification.”
Can I present my cedula as competent proof of identity?
No, community tax certificates or cedulas are no longer considered competent proofs of identity. In previous years, CTCs were accepted by notaries. But with the promulgation of the 2004 Rules on Notarial Practice, you can see that CTCs are excluded from the list of acceptable identification documents.
According to recent jurisprudence, CTCs are no longer accepted because these do not contain the photograph of the person named therein. Under the rules, the identification document should bear the photograph and signature of the individual. That’s why cedulas are no longer accepted.
What do I do if I do not have any competent proof of identity?
If you have no competent proof of identity, you can still have your document notarized.
According to Section 12 (b), Rule II of the 2004 Rules on Notarial Practice, in lieu of the identification document, you may present “the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.”
To explain, you may either bring:
One credible witness who is personally known by the notary public who likewise personally knows you, and is not privy to the instrument. This person will affirm your identity in front of the notary; or
Two credible witnesses with valid documentary identification who personally knows you, are not privy to the instrument, even if they are not personally known to the notary public. Thus, make sure that these witnesses have their valid government-issued IDs with them.
How much do notaries public charge for having documents notarized?
It varies. Honestly, I cannot give you the exact amount asked since there is no set price for getting a document notarized because it depends on the document. It also depends on whether the notary public will have to draft the document separately or if you already have one prepared. But for your reference, here is a standard of fees issued by IBP Cebu.