The Short Answer
Yes. In some cases the rules say a notary must refuse: if a signer is not there in person, cannot be properly identified, does not seem to understand the document or to be signing freely, if the document has blanks, or if the notary is a party to it or a close relative. A notary may also decline if they believe the deal is illegal. Usually the fix is simple: bring the missing person, ID or information, or go to another notary if the problem is a conflict.
Example: An SPA Turned Away in Cabanatuan
Names and details in this example are made up.
Edgar Santos of Barangay Aduas Norte, Cabanatuan City works in Saudi Arabia. Before he flies back, his mother Aling Nena, who is 78, is supposed to give him a Special Power of Attorney so he can claim her pension. Edgar's cousin Atty. Reyes, a notary, offers to notarize it. Edgar brings the SPA to the office, but Aling Nena stays home because her knees hurt.
Refusal 1: the signer is not there. The notary will not notarize it without Aling Nena present (2004 Rules on Notarial Practice, Rule IV, Sec. 2(b)).
Refusal 2: the notary is a relative. Edgar's cousin also tells him they cannot notarize for their own aunt. A first cousin is within the fourth civil degree (Rule IV, Sec. 3(c)).
The fix. Edgar finds another notary near the city hall who is not related to the family, and brings his mother in a tricycle the next morning. The SPA has the pension office's name filled in, and Aling Nena shows her Senior Citizen ID and her UMID. The notary asks her a few questions to be sure she understands what she is signing. She answers clearly, signs, and the SPA is notarized.
When a Notary Must Refuse
The Supreme Court's 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) list cases where a notary may not notarize, even if you offer to pay the fee:
| Reason | Rule |
|---|---|
| The person signing is not there in person when it is notarized | Rule IV, Sec. 2(b) |
| The notary does not know the person and they cannot be identified by an accepted ID or credible witnesses (competent evidence of identity) | Rule IV, Sec. 2(b); Rule II, Sec. 12 |
| The notary knows or has good reason to believe the deal is illegal or immoral | Rule IV, Sec. 4(a) |
| The way the signer acts gives the notary reasonable doubt that they understand what the document means for them | Rule IV, Sec. 4(b) |
| In the notary's judgment, the signer is not acting of their own free will | Rule IV, Sec. 4(c) |
| The notary is a party to the document, or will gain from it | Rule IV, Sec. 3(a) and (b) |
| The signer is the notary's spouse, live-in partner, or a relative by blood or marriage up to the fourth civil degree (up to first cousins) | Rule IV, Sec. 3(c) |
| The document is blank or incomplete, or has no proper notarial certificate (the notary's part at the end) | Rule IV, Sec. 6 |
The notary also may not sign a notarial certificate they know is false or incomplete (Rule IV, Sec. 5), for example one with a wrong date.
Other Reasons You Might Be Turned Away
- Outside their area or place. A notary is licensed (commissioned) only for a certain city or province, and should notarize at their regular place of work, with a few exceptions such as hospitals (Rule IV, Sec. 2(a)).
- A copy of a public record. A notary cannot certify a copy of a PSA certificate, a land title or another public record (Rule II, Sec. 4).
- A document they cannot notarize online. Some documents, such as notarial wills, are excluded from online notarization. See getting a document notarized online.
- The document looks wrong for its purpose. A notary may decline to notarize something that is clearly the wrong form, or ask you to have it checked first.
What to Do Next
- Ask why, calmly. Most refusals point to something you can fix.
- Bring the missing person. Everyone who signs must appear. If someone truly cannot come, they can sign a Special Power of Attorney naming someone to sign for them, but they still appear for the SPA itself.
- Bring a proper ID, or one or two credible witnesses who know you and have no part in the document.
- Fill in every blank, including names, dates and amounts.
- Go to another notary if the problem is that the notary is related to you or is part of the deal.
- If you are asked to do something wrong, such as leave the document and come back later without appearing, or backdate it, do not agree. A document notarized that way can be challenged.
If a notary refused for a reason that seems improper, or did something wrong, see what to do if a notary did something wrong.
Common Questions
Ayaw I-notaryo ng Abogado ang Affidavit Ko Kasi Hindi Raw Ako ang Pumirma sa Harap Niya. Tama ba?
For an affidavit, yes. You swear to it before the notary (jurat), and you must sign it in front of them (2004 Rules on Notarial Practice, Rule II, Sec. 6). Bring it unsigned next time. See jurat vs acknowledgment.
Can a Notary Refuse My Elderly Parent?
Age alone is not a reason. But if the way a signer acts gives the notary reasonable doubt that they understand the document, or are signing freely, the notary must refuse (Rule IV, Sec. 4). A notary may also go to a hospital or similar place where a person is confined (Rule IV, Sec. 2(a)).
Can My Relative Who Is a Lawyer Notarize for Me?
Not if they are your spouse, live-in partner, or a relative by blood or marriage up to the fourth civil degree, which reaches first cousins (Rule IV, Sec. 3(c)). Go to another notary.
The Notary Says My Document Has Blanks. Can I Fill Them in Later?
No. A notary may not notarize a blank or incomplete document (Rule IV, Sec. 6). Fill everything in first. Open deeds, where the buyer's name is left blank, are a common example of what a notary should refuse.
Can a Notary Refuse Because I Could Not Pay Upfront?
Unless you agreed otherwise, a notary should not require payment before the notarization is done (Rule V, Sec. 4). Ask for the price first, and ask for an Official Receipt. See how much notarization costs.
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. This page explains the general rules; it cannot tell you how they apply to your own family or case. Last reviewed October 8, 2026.