The Short Answer
Yes. Every person who signs must be in front of the notary in person when the document is notarized, with a valid ID. A notary may not notarize for someone who is not there, even if you are their child or spouse and bring their ID. If the signer is sick, the notary may go to them in a hospital. If they are abroad, they can sign at a Philippine consulate or before a local notary with an apostille.
Example: Tatay Is Bedridden in Lipa City
Names and details in this example are made up.
Mang Fernando Reyes, 81, of Barangay Marawoy, Lipa City, Batangas, had a stroke and can no longer leave the house. His daughter Grace, who works at a call center in Lipa, needs to withdraw from his bank account to pay for his medicines. The bank asks for a Special Power of Attorney from Mang Fernando.
What Grace should not do. A fixer near the city hall offers to "notaryo-han" the SPA if Grace brings Tatay's Senior Citizen ID, no need for Tatay to come. That would break the rules: the notary must see Tatay himself. An SPA notarized that way can be rejected by the bank, challenged later, and get the notary disciplined.
What she can do. Grace asks a notary whether they can come to the house or to the hospital. A notary may notarize outside their office in a hospital or similar place where the signer is confined, and some will visit a home for a sick signer. Travel fees are allowed only if Grace agrees to them beforehand. Grace prepares the SPA with every blank filled in.
If Tatay cannot sign his name. After the stroke, Tatay's right hand is weak. He can sign by thumbmark in front of the notary and two witnesses who have no stake in the SPA, such as two neighbours. The notary must also be satisfied that Tatay understands what he is signing. If he no longer can, an SPA is not the right tool, and the family should ask a lawyer or the Public Attorney's Office (PAO) about guardianship.
Why You Must Be There
The 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) say a notary shall not notarize a document 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 by an ID or credible witnesses (Rule IV, Sec. 2(b)).
That is the whole point of a notary: someone neutral sees the actual person, checks their ID and confirms they sign freely. A notary who stamps a document left at the counter, sent over chat, or brought in by a relative is breaking the rules.
This applies to every signer: both the buyer and the seller of a Deed of Sale, every heir in an Extrajudicial Settlement, and the person giving authority in an SPA. The person receiving authority under an SPA does not need to appear unless they also sign.
When the Signer Cannot Come
| Situation | What You Can Do |
|---|---|
| Sick, in the hospital or bedridden | A notary may notarize in a hospital or similar place where the signer is confined (Rule IV, Sec. 2(a)). Ask the notary whether they will come, and agree on any travel fee first. |
| Cannot write their name | They can sign by thumbmark or other mark in front of the notary and two disinterested witnesses (people with no stake in the document), who also sign (Rule IV, Sec. 1(b)). |
| Working or living abroad | Sign at a Philippine embassy or consulate, or before a local notary and then get an apostille. See signing documents while abroad. |
| Busy or far away, but in the Philippines | Give someone a Special Power of Attorney to sign for them. They still have to appear before a notary once, for the SPA. |
| In detention | A notary may also notarize in a jail or detention facility (Rule IV, Sec. 2(a)). |
Over Video: Electronic Notarization
The Supreme Court's Rules on Electronic Notarization (A.M. No. 24-10-14-SC), published in 2025, allow a notary with a separate electronic notary commission to notarize a PDF over a video call through a platform the Supreme Court has approved. The service opens on 19 October 2026. This counts as appearing, because the notary still sees you live and checks your identity. A regular video call on Messenger or Viber with an ordinary notary does not count.
If you are abroad, the rules say you must be at a Philippine embassy or consulate for it. It does not cover wills or documents signed in ink on paper. See online notarization.
What Happens If You Skip It
A document notarized without the signer appearing can be challenged. Courts have treated such a notarization as defective, so the document loses its standing as a public document and becomes, at most, a private one. A buyer may then find that the Registry of Deeds, the LTO or a bank will not accept it, or that it is thrown out in court.
The notary can lose their commission and be disciplined as a lawyer. If someone signs your name and has it notarized without you, that can be falsification, a crime. See complaints against a notary.
Common Questions
Pwede bang Ako na lang ang Pumunta sa Notaryo Para sa Nanay Ko?
Not to notarize her signature. She must appear herself, even if you are her child and bring her ID. If she cannot travel, ask a notary to come to her, or have her give you a Special Power of Attorney, which she still signs before a notary.
Can My Spouse Sign for Me at the Notary?
Only with a Special Power of Attorney from you that covers that act. Being married does not let your spouse sign your name. Without an SPA, you must appear yourself.
Can I Appear Through a Video Call on Messenger?
No. Only electronic notarization under the Supreme Court's 2025 rules, available from 19 October 2026 and done by a notary with an electronic commission on an approved platform, allows appearing by video. See online notarization.
The Person I Bought From Already Signed and Left. Can the Notary Still Notarize the Deed?
Not their signature. For a deed, each signer must appear and confirm before the notary that the signature is theirs (acknowledgment). The seller has to come back, or sign before a notary or consul where they are.
Will the Notary Come to Our House?
Some will, especially for a sick or elderly signer, for an agreed travel fee. The rules expressly allow hospitals and similar places of confinement. Ask the notary, and agree on the fee before they come.
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.