In Short
- Notaries get their license to notarize (a commission) from the Executive Judge of the Regional Trial Court for a city or province, under the 2004 Rules on Notarial Practice, as amended.
- A notary must not notarize unless the person signing is there in person, and the notary knows them or checks a valid ID or other accepted proof of who they are.
- You can check whether a notary is licensed with the Office of the Clerk of Court of that Regional Trial Court.
- The Executive Judge can take away the notary's license and punish them (Rule XI). A notary is a lawyer, so the Supreme Court or the national lawyers' group (IBP) can also discipline them.
- If your signature was faked or your property is at risk, see a lawyer quickly. The Public Attorney's Office gives free help to people who qualify.
What a Notary Must Do
A notary must see you in person and check who you are. In the Philippines a notary public is a lawyer given a commission (license to notarize) by the Executive Judge of the Regional Trial Court (RTC) for a particular city or province, for a fixed term. The Supreme Court's 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended, set the duties. Among them:
- The notary must not notarize if the signer is not there in person at the time of notarization (Rule IV, Section 2(b)).
- The notary must know the signer personally or identify them through competent evidence of identity (accepted proof of who they are): at least one current ID from a government office with a photo and signature, or the sworn word of a credible witness who has no part in the document and who knows the signer (Rule II, Section 12).
- Every notarization must be written in the notary's notarial register (their record book), with a matching document number.
- The notary may notarize only within the area of the court that licensed them, and only while the license is valid.
For what a proper notarization looks like, see getting a document notarized.
Common Problems
- Notarized without you. Your name appears on a notarized deed, SPA or affidavit you never signed before that notary.
- No ID checked. The notary accepted a document without seeing you or your ID, or a "fixer" brought it in for you.
- Fake or expired notary. The person who notarized has no license for that place, their license had expired, or they are not a lawyer at all.
- Blank or incomplete documents notarized, or the notary's certificate (the notary's part at the end of the document) left incomplete.
- Notary is part of the deal, is a close relative of someone in it, or stands to gain from it.
A notarization done without the signer appearing in person can be challenged, and the document may lose the legal weight of a notarized document. What that means for your property or case is a question for a lawyer.
Step 1: Check Whether the Notary Is Licensed
Look at the notary's certificate at the end of the document. It should show the notary's name, the place where they are licensed, the commission number and expiry, their roll of attorneys number (their lawyer number), and IBP and PTR numbers (proof of paid lawyer dues and tax). Then:
- Go to, call or write the Office of the Clerk of Court of the Regional Trial Court of the city or province named in the notarial certificate. Ask whether that person had a license to notarize for that place on the date of notarization.
- You can ask whether the document is written in the notary's register. Notaries hand in copies of their notarial records and monthly reports to the Clerk of Court.
- To check whether someone is a lawyer at all, the Supreme Court keeps the Roll of Attorneys (the list of all lawyers).
Keep a copy of the document, write down the document, page, book and series numbers, and note who you spoke with and when.
Step 2: Where Complaints Go
| Where | What It Can Do |
|---|---|
| Executive Judge of the RTC that issued the commission | Under Rule XI of the Rules on Notarial Practice, take away (revoke) the notary's license and punish a notary who breaks the rules. |
| Supreme Court or the Integrated Bar of the Philippines (IBP), the national lawyers' group | Because a notary is a lawyer, a verified (sworn) complaint can be filed against them for discipline as a lawyer, under the Code of Professional Responsibility and Accountability. Penalties can include suspension or disbarment (losing the right to practise law). A complaint against a government lawyer goes only to the Supreme Court. |
| Prosecutor's office or police | For crimes such as falsification (faking documents or signatures), or someone pretending to be a notary. |
A complaint is usually a written, sworn (verified) statement of what happened, with copies of the document and your evidence. Ask the office where you file for its current format and number of copies.
Protect Yourself While the Complaint Is Going On
- If the document involves land, ask the Registry of Deeds what notes are written on the title and what you can do. See checking land before buying.
- If it is a fake SPA used with a bank, tell the bank in writing.
- Do not sign any new document to "fix" the problem without understanding it.
- These are legal disputes. See a lawyer, or the Public Attorney's Office if you qualify.
What to Gather Before You Complain
Your ticks stay on this device only.
Common Questions
How Do I Know If a Notary Is Real?
Ask the Office of the Clerk of Court of the Regional Trial Court for the city or province named in the notary's certificate whether that person was licensed to notarize there on that date.
My Signature Was Notarized but I Never Appeared. Is the Document Valid?
The Rules on Notarial Practice forbid notarizing without the signer being there in person. The notarization can be challenged, and the notary can be punished. Whether the document itself is void depends on the facts, so consult a lawyer or the Public Attorney's Office.
Where Do I File a Complaint Against a Notary?
With the Executive Judge of the Regional Trial Court that commissioned the notary, to take away their license. You can also file a sworn (verified) complaint against the notary as a lawyer with the Supreme Court or the IBP.
Can I Complain About a Notary Who Charged Too Much?
Notarial fees are not one fixed national rate. Ask for an Official Receipt and compare with our notary prices. Ask the RTC Office of the Clerk of Court whether there is a local price list (fee schedule).
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. Last reviewed October 8, 2026.