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Legal Terms Explained

The legal words you will hear at a notary, the PSA, the BIR or the Registry of Deeds, explained simply, with the Filipino word where there is one.

A

Acknowledgment
The notarial act for deeds, contracts and Special or General Powers of Attorney. You appear before the notary, are identified, and declare that you signed the document of your own free will (2004 Rules on Notarial Practice, Rule II Sec. 1). See jurat vs acknowledgment.
Adoption
The legal process that makes a child the legitimate child of the adopter. Domestic adoption is now handled administratively by the National Authority for Child Care under Republic Act No. 11642. See the adoption guide.
Adverse claim
A sworn notice annotated on a land title by someone who claims an interest in the land against the registered owner (Presidential Decree No. 1529, Sec. 70).
Affiant nagsasalaysay
The person who makes an affidavit and swears that its contents are true.
Affidavit sinumpaang salaysay
A written statement of facts that the affiant signs and swears to before a notary or another officer authorized to give oaths. A deliberate lie in an affidavit can be prosecuted as perjury.
Affidavit of Self-Adjudication
The sworn statement by which a sole heir takes the whole estate without going to court, under the same rule as an Extrajudicial Settlement (Rules of Court, Rule 74, Sec. 1).
Affidavit-Complaint
A complaint written as an affidavit and filed with the prosecutor's office to start a criminal case. The respondent answers with a Counter-Affidavit.
Affirmation
A solemn declaration that a statement is true, made instead of an oath by someone who prefers not to swear. It has the same effect as an oath.
Amicable settlement
A written agreement settling a dispute before the barangay. Unless repudiated within 10 days, it has the force of a final court judgment (Local Government Code, Secs. 416 and 418).
Annotation
An entry recorded on a document after it was issued. On a land title, it records a mortgage, lease, sale, court case or other matter affecting the property. On a birth, marriage or death record, it notes a correction or a court decision.
Annulment pagpapawalang-bisa ng kasal
A court case to end a marriage that was valid until annulled, on grounds such as lack of parental consent, fraud, force or impotence, filed within the periods in the Family Code (Arts. 45 and 47). It needs a lawyer. See annulment vs legal separation.
Apostille
A certificate that authenticates a public document for use in another country that is a party to the Apostille Convention. The DFA issues it for Philippine documents. See the apostille guide.
Attorney-in-fact
The person authorized in a Special or General Power of Attorney to act for the principal. They do not need to be a lawyer.
AUSF (Affidavit to Use the Surname of the Father)
The affidavit, under Republic Act No. 9255, that lets a child born outside marriage use the father's surname once he has acknowledged the child. See using the father's surname.

C

Capital gains tax (CGT)
A 6% tax on the sale of land or buildings held as capital assets, based on the selling price, the zonal value or the fair market value, whichever is highest (National Internal Revenue Code, Sec. 24(D)). Try the property sale costs calculator.
CAR (Certificate Authorizing Registration)
The BIR certificate showing that the taxes on a sale, donation or estate transfer have been paid. The Registry of Deeds will not transfer a title without it. It is now issued electronically as the eCAR.
CENOMAR
Certificate of No Marriage Record, issued by the PSA, showing that no marriage is recorded under a person's name. It is usually needed for a Marriage License. See the CENOMAR guide.
Certificate of Authority for a Notarial Act (CANA)
A certificate from the Executive Judge of the Regional Trial Court where the notary is commissioned, confirming that the notary was commissioned when they notarized the document. The DFA asks for it before it will apostille a notarized private document.
Certificate to File Action
The certificate from the Lupon secretary that barangay conciliation failed or was refused, which most disputes between people in the same city or municipality need before going to court (Local Government Code, Sec. 412).
Chattel Mortgage
A mortgage over movable property, such as a car, under the Chattel Mortgage Law (Act No. 1508). For a vehicle, it is also recorded with the LTO, and must be cancelled before the car can be transferred free of it.
Community Tax Certificate (CTC) sedula
The certificate the city, municipality or barangay issues when you pay the yearly community tax under the Local Government Code. It has no photo, so a cedula alone is not competent evidence of identity for notarization.
Competent evidence of identity
How a notary identifies someone they do not personally know: at least one current ID from a government agency with your photo and signature, or the sworn statement of one or two credible witnesses (Rule II Sec. 12, as amended in 2008).
Compulsory heir
An heir the law reserves a share for, whatever the will says: legitimate children and descendants, legitimate parents and ascendants if there are no children, the surviving spouse, and illegitimate children (Civil Code, Art. 887).
Conditional sale
A sale where ownership passes only when a condition, usually full payment, is met. If the condition does not happen, the sale does not take effect.
Condominium Certificate of Title (CCT)
The title to a condominium unit, issued by the Registry of Deeds under the Condominium Act (Republic Act No. 4726).
Consideration
What each party gets in exchange in a contract, such as the price in a sale or the rent in a lease. In the Civil Code it is called the cause (Art. 1350).
Consularization
Authentication of a document by an embassy or consulate, used for countries that are not party to the Apostille Convention, or when a Philippine consul notarizes a document abroad. See consularization vs apostille.
Contract to Sell
An agreement where the seller keeps ownership until the buyer pays the full price, and only then must sign a Deed of Absolute Sale. Common for house-and-lot and condominium purchases on installment. See also the Maceda Law.
Copy certification
A notarial act where the notary compares a copy with the original and certifies that the copy is accurate and complete. It cannot be done for vital records or public records, such as a PSA Birth Certificate or a land title; get certified copies of those from the office that keeps them.
Credible witness
A person who swears to your identity before the notary when you have no acceptable ID. They must not be a party to the document or benefit from it, and must personally know you; one witness must also be personally known to the notary, or two witnesses must each show their own ID.

D

Declaration of nullity
A court case to declare that a marriage was void from the beginning, for example because a spouse was psychologically incapacitated or one party was already married (Family Code, Arts. 35 to 38). It needs a lawyer.
Deed of Absolute Sale kasulatan ng ganap na bilihan
The document by which a seller transfers ownership of property to a buyer for a price, without conditions. It must be notarized to be registered. See the template and what a sale costs.
Default
Failure to pay or do what was promised when it is due. In most cases the debtor is in legal delay only from the time the creditor demands performance, in or out of court (Civil Code, Art. 1169).
Delayed registration
Registration of a birth, marriage or death after the period allowed, which for a birth is 30 days. It needs more supporting documents and affidavits. See late birth registration.
Demand Letter
A letter asking a person to pay or perform an obligation by a deadline. It puts the debtor in delay and is often asked for before a case. See Demand Letters and the template.
Doc. No., Page No., Book No., Series of
The entry details at the foot of a notarized document. They point to the notary's notarial register: the entry number, the register page, the book, and the year. You need them to request a certified copy later.
Documentary stamp tax (DST)
A national tax on documents and transactions such as sales, loans, leases and mortgages (National Internal Revenue Code, Title VII). Try the documentary stamp tax calculator.
Donor and donee
The donor gives property for free; the donee receives it and must accept it. A donation of land must be in a public document, with the acceptance in the same deed or a separate public document (Civil Code, Art. 749). See donating property.
Donor's tax
A 6% tax on gifts above ₱250,000 in total in a calendar year, paid by the donor (National Internal Revenue Code, Sec. 99). Try the donor's tax calculator.
Dual citizenship
Holding Philippine citizenship along with another. Natural-born Filipinos who became foreign citizens can reacquire or keep Philippine citizenship by taking an oath under Republic Act No. 9225. See the dual citizenship guide.

E

eCAR
The electronic Certificate Authorizing Registration issued by the BIR, which the Registry of Deeds and the assessor check before transferring a title or Tax Declaration. See transferring a land title.
Electronic notarization
Notarization of an electronic document by an electronic notary public, either in person or by videoconference, under the Supreme Court's Rules on Electronic Notarization (A.M. No. 24-10-14-SC), published in 2025; the service opens on 19 October 2026. Notarial wills cannot be notarized this way.
Encumbrance
Any burden on property, such as a mortgage, lien, lease, easement or adverse claim. Encumbrances are annotated on the title. See checking land before buying.
Estate tax
A 6% tax on the net estate of a person who has died (National Internal Revenue Code, Sec. 84), paid before the heirs can transfer titles. Try the estate tax calculator.
Extrajudicial Settlement
An agreement among all the heirs, in a public document, dividing the estate of someone who died without a will and without debts, without going to court (Rules of Court, Rule 74, Sec. 1). It must be published once a week for three weeks. See settling an estate and the template.

F

Fair market value (FMV)
For tax purposes, the value of a property in the local assessor's schedule of market values, shown on the Tax Declaration. The BIR compares it with the zonal value and the price when computing taxes.

G

General Power of Attorney (GPA)
A Power of Attorney in general terms. It covers only acts of administration, such as managing property; selling, mortgaging or borrowing needs a Special Power of Attorney (Civil Code, Arts. 1877 and 1878).

H

Heir tagapagmana
A person who inherits from someone who has died, under a will or under the law.
Holographic will
A will entirely written, dated and signed by the hand of the person making it. It needs no witnesses and no notary (Civil Code, Art. 810).

I

Intestate
Dying without a valid will. The estate then passes to the heirs named by law, in the order the Civil Code sets (Arts. 960 onward).

J

Judicial Affidavit
A sworn question-and-answer statement that takes the place of a witness's direct testimony in court, prepared with a lawyer under the Judicial Affidavit Rule (A.M. No. 12-8-8-SC).
Jurat
The notarial act for affidavits. You appear before the notary, are identified, sign in their presence, and swear or affirm that the contents are true (Rule II Sec. 6). It begins "Subscribed and sworn to before me".

K

Katarungang Pambarangay
The barangay justice system under the Local Government Code (Secs. 399 to 422), where neighbors settle disputes through mediation before going to court. See barangay conciliation.

L

Last Will and Testament huling habilin
A document in which a person says how their property is to be given out after death. It is either a notarial will or a holographic will.
Legitimation
The way a child born outside marriage becomes legitimate when the parents later marry each other, if nothing barred them from marrying each other when the child was conceived, or only their being under 18 (Family Code, Arts. 177 to 182, as amended by Republic Act No. 9858).
Legitime
The part of a person's estate that the law reserves for the compulsory heirs, which cannot be given away by will (Civil Code, Art. 886).
Lessor and lessee nagpapaupa at umuupa
In a lease, the lessor is the owner who rents out the property and the lessee is the tenant who pays rent. See renting out property and the Contract of Lease template.
Lis pendens
Latin for "pending suit". A notice annotated on a title that a court case involving the property is pending; anyone who buys the property takes it subject to the outcome.
Local Civil Registrar (LCR)
The city or municipal office that registers births, marriages and deaths, handles corrections under RA 9048 and RA 10172, and sends the records to the PSA.
Lupon Tagapamayapa
The body in each barangay, headed by the Punong Barangay, that mediates disputes under the Katarungang Pambarangay.

M

Maceda Law
Republic Act No. 6552, which protects people buying residential real estate on installment, giving them grace periods to pay arrears and, after at least two years of payments, a refund if the seller cancels the contract.
Marriage License
The license issued by the Local Civil Registrar where either party lives, after a 10-day posting period. It is valid anywhere in the Philippines for 120 days (Family Code, Arts. 9, 17 and 20). See the Marriage License guide.

N

Notarial certificate
The part of the document the notary fills in, signs and seals, stating the notarial act done, such as the jurat or the acknowledgment, and how the signer was identified.
Notarial commission
The authority to act as a notary public, granted by the Executive Judge of a Regional Trial Court to a lawyer in good standing. It lasts two years and covers only that court's territory. See complaints against a notary.
Notarial register
The bound book where a notary records every notarial act: the date, the type of act, the document, the names and addresses of the people who appeared, their IDs and the fee (Rule VI). You sign or thumbmark it when you appear.
Notarial will
A typed or written will signed at the end by the person making it and by at least three credible witnesses, each page signed and numbered, with an attestation clause, and acknowledged before a notary (Civil Code, Arts. 804 to 806).
Notary public notaryo publiko
A lawyer commissioned by a court to perform notarial acts such as jurats and acknowledgments. See getting a document notarized.

O

Oath panunumpa
A solemn promise, made before a person authorized to administer it, that what you say or sign is true.
Original Certificate of Title (OCT)
The first title issued for a piece of land when it is registered for the first time, through a court decree or a government patent (Presidential Decree No. 1529).
Owner's Duplicate Certificate
The copy of the land title kept by the registered owner; the Registry of Deeds keeps the original. It is needed to register a sale or mortgage, and replacing a lost one requires a court petition.

P

Perjury
The crime of deliberately making a false statement under oath, such as in an affidavit, on a material matter (Revised Penal Code, Art. 183).
Personal appearance
The rule that the person signing must be in front of the notary at the time of notarization. A notary may not notarize for someone who is absent (Rule IV Sec. 2(b)). Electronic documents may be notarized by videoconference under the Rules on Electronic Notarization.
Principal
In the notarial rules, the person whose signature is being notarized. In a Special or General Power of Attorney, the person who gives authority to the attorney-in-fact.
Probate
The court process that proves a will and allows it. No will passes any property until it has been probated (Civil Code, Art. 838).
Promissory Note
A signed written promise to pay a sum of money to a person on demand or on a set date. See loans and Promissory Notes and the template.
PSA (Philippine Statistics Authority)
The national agency that keeps the central copies of civil registry records and issues birth, marriage, death and CENOMAR certificates on security paper.
Public Attorney's Office (PAO)
The government office under the Department of Justice that gives free legal help and representation to people who qualify (Republic Act No. 9406).
Public document
A document the courts accept without further proof that it was signed by the people named, such as a notarized deed or contract (Rules of Court, Rule 132). A notarized private document becomes a public document; a last will is treated differently.

R

RA 10172
Republic Act No. 10172, which amended RA 9048 so the Local Civil Registrar can also correct the day and month of birth, or the sex, where the error is clerical or typographical.
RA 9048
Republic Act No. 9048, which lets the Local Civil Registrar correct clerical or typographical errors and change a first name or nickname without going to court. See correcting PSA records.
Real Estate Mortgage sangla
A contract where land or a building secures a loan while the owner keeps possession. It binds the parties once signed, but must be registered with the Registry of Deeds to bind other people (Civil Code, Art. 2125).
Real property tax amilyar
The yearly tax on land, buildings and machinery paid to the city or municipality, based on assessed value: up to 1% in a province and up to 2% in a city or Metro Manila municipality, plus 1% for the Special Education Fund (Local Government Code, Secs. 233 and 235). See the real property tax guide.
Recognition of foreign divorce
A court case in the Philippines to recognize a divorce validly obtained abroad in a marriage with a foreigner, so that the Filipino spouse can remarry (Family Code, Art. 26). It needs a lawyer.
Red ribbon
The old DFA authentication certificate, named for its red ribbon. Since the Philippines joined the Apostille Convention in 2019, the DFA issues an apostille instead.
Registry of Deeds
The office under the Land Registration Authority that keeps land titles for a city or province and registers deeds, mortgages and annotations.
Right of way daanan
An easement that lets the owner of land with no adequate outlet to a public road pass through a neighbor's land, after paying indemnity (Civil Code, Arts. 649 to 657).

S

S.S. (scilicet)
Latin for "namely". It follows the place line at the top of an affidavit or deed, such as "City of Manila ) S.S.", which names where the document is signed and notarized.
Small claims
A fast court procedure for collecting money up to a limit set by the Supreme Court, where lawyers cannot appear for the parties at the hearing. See the small claims guide.
Special Power of Attorney (SPA)
A Power of Attorney for specific acts, such as selling land, signing a loan or claiming a document. The Civil Code requires one for acts like these (Art. 1878). See the SPA guide and template.

T

Tax Declaration
The local assessor's record of a property for real property tax, showing the declared owner, area, market value and assessed value. It supports a claim of ownership but is not proof of ownership by itself.
Testate
Dying with a valid will. The estate passes as the will says, subject to the legitime of the compulsory heirs and to probate.
Transfer Certificate of Title (TCT) titulo
The title the Registry of Deeds issues when registered land changes hands, replacing the previous title. See transferring a land title.
Transfer tax
A local tax on the sale, donation or other transfer of real property, paid to the province or city where it is. The Local Government Code (Sec. 135) caps the provincial rate at 0.5% of the price or market value, whichever is higher; cities and Metro Manila municipalities may charge up to 0.75%.

V

Vendor and vendee nagbebenta at bumibili
In a sale, the vendor is the seller and the vendee is the buyer.

W

Waiver of Rights
A document in which a person gives up a right, such as an heir's share in an estate. A waiver in favor of a particular person can have different tax results from a general waiver, so ask the BIR first. See the template.
Witness saksi
A person who sees a document being signed and signs it too. Deeds to be registered with the Registry of Deeds are signed by two instrumental witnesses, and a notarial will needs at least three.

Z

Zonal value
The value per square meter the BIR sets for land in each area. The BIR uses it, if higher than the price or the assessor's value, to compute capital gains tax, DST, donor's tax and estate tax.