Getting a Document Notarized

What to Bring

• The document itself, complete. A notary may not notarize a blank or incomplete document (2004 Rules on Notarial Practice, Rule IV, Sec. 6). Fill in every blank before you go. If it is an affidavit, leave the signature line unsigned, because for a jurat (swearing to it before the notary) you sign in front of the notary.
• Enough copies. The notary keeps a copy for their records, so bring one more than you need. Ask ahead how many they require.
• A valid ID. At least one unexpired ID from a government office, with your photo and signature, such as a passport, Driver's License, PRC ID, SSS card, PhilHealth card, Postal ID or Voter's ID (Rule II, Sec. 12, as amended in 2008). The rules give only examples, so other IDs may also be accepted.
• Everyone who signs. Each person signing must appear, with their own ID. If the document names witnesses, bring them too.
• Proof you are allowed to sign if you sign for someone else, such as a Special Power of Attorney (SPA) or a Secretary's Certificate for a company.

No ID? The rules let you prove who you are instead through the sworn statement of one credible witness who knows you and is personally known to the notary, or of two credible witnesses who each know you and show their own IDs. The witnesses must have no part in the document.

Why You Have to Be There

The notary must see you sign or confirm your signature in person. The 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) say a notary shall not notarize if the signer "is not in the notary's presence personally at the time of the notarization," or is not personally known to the notary or identified through competent evidence of identity (an accepted ID or credible witnesses) (Rule IV, Sec. 2(b)).

So a notary who stamps a document you left at the counter, or one sent over chat, is breaking the rules. A document notarized that way can be challenged, and the notary can be punished. If you cannot travel, ask whether a notary offers electronic notarization, which has its own rules on appearing by video.

What the Notary Checks

• Who you are, from your ID or your credible witnesses.
• That you understand the document and sign freely. A notary must refuse if they believe the deal is illegal or immoral, if the way you act makes them doubt that you understand what it means for you, or if you do not seem to be acting of your own free will (Rule IV, Sec. 4).
• That they are allowed to act. A notary may not notarize a document they are part of, or one for a spouse, live-in partner or relative up to the fourth civil degree (as far as first cousins) (Rule IV, Sec. 3).
• The kind of notarization. Most affidavits need a jurat (you swear the contents are true). Deeds, contracts and Special Powers of Attorney usually need an acknowledgment (you confirm you signed it freely). See jurat vs acknowledgment.

The Notary's Record Book

Every notarization is written in the notary's record book (the notarial register) at the time it is done. The entry records the date and time, the type of act, the title of the document, your name and address, the ID you showed, any credible witnesses, the fee charged, and the place if it was not the notary's office (Rule VI, Sec. 2). You and any credible witnesses sign the register (Rule VI, Sec. 3).

The notary then writes the document number, page number, book number and series year on your document. Those numbers let a court or the DFA trace the notarization later, so check that they are filled in before you leave.

What It Costs

Under Rule V of the 2004 Rules, a notary may charge up to the highest fee set for that kind of notarization, or charge nothing. They may charge only fees the rules allow, must post their price list (schedule of fees) where people can see it, and must give an Official Receipt registered with the BIR. Travel fees are allowed only if you agree to them beforehand.

Fees differ by place and by document. Use our notary prices to see what notaries in your area usually charge before you go.

Fixers and Fake Notaries

A real notary is a lawyer given a commission (license to notarize) by the Executive Judge of a Regional Trial Court. The commission lasts two years and covers only that court's area (Rule III, Sec. 11). A notary should work from a regular office, with only a few exceptions such as hospitals or detention facilities (Rule IV, Sec. 2(a)).

Be careful if someone offers to notarize without you appearing, without asking for an ID, or without a register. A document notarized by someone without a valid commission is not a public document (it loses the weight of a notarized document), and offices like the DFA, banks and the Registry of Deeds may reject it. If something went wrong, see complaints against a notary.