The Short Answer
Yes, between the buyer and the seller. A sale of land signed by both of them is binding on them even if no notary saw it. But it is not enough to put the title in the buyer's name. The BIR and the Registry of Deeds accept only a notarized deed, and until the sale is registered, it does not protect you against other people who later deal with the land, such as a second buyer.
Example: A Lot in Tanauan, Batangas Sold on a "Kasulatan"
Names and details in this example are made up.
Nestor Garcia owns a titled 150-square-meter lot in a barangay of Tanauan City, Batangas. In January 2026 he agrees to sell it for ₱800,000 to Liza Mendoza, a domestic worker in Hong Kong. Liza's husband Jun pays Mang Nestor in cash. They sign a two-page kasulatan ng bilihan at the barangay hall, with the barangay captain and a kagawad signing as witnesses. Mang Nestor hands over the Owner's Duplicate Title. No notary is involved.
Is the sale valid? Between Mang Nestor and Liza, yes. They agreed on the lot and the price, it is in writing, and it is signed. Mang Nestor cannot simply back out and keep the money.
What goes wrong. In March, Jun takes the kasulatan to the BIR to pay the taxes and get the eCAR, the BIR's go-signal for the title transfer. The BIR asks for a notarized deed. The barangay captain's signature does not make it one. The Registry of Deeds would refuse it too.
The fix. Jun prepares a proper Deed of Absolute Sale. Mang Nestor and his wife Cora go to a notary in Tanauan with their IDs. Liza cannot fly home, so she signs a Special Power of Attorney at the Philippine Consulate General in Hong Kong, naming Jun to sign the deed for her. Jun signs for Liza in front of the notary on the same day as the sellers. From that date, the BIR deadlines start: capital gains tax within 30 days, and documentary stamp tax by the 5th of the next month.
Why hurry. Until the sale is registered, the title is still in Mang Nestor's name. If he sold the same lot to someone else who registered first in good faith, or if he died and his heirs did not know about the sale, Liza would be in a much weaker position.
Why a Deed With No Notary Still Binds the Two of You
Under the Civil Code, a contract is binding in whatever form it was made, as long as the essential parts are there: both sides agreed, there is a definite thing being sold, and a price (Art. 1356). A sale of land must be in writing to be enforced in court (Art. 1403), but the law does not make notarization a condition for the sale to be valid between the parties.
The Civil Code does say that a sale of land should appear in a public document (a document notarized or made before an official) (Art. 1358). That rule is for convenience and for registration. If the deed was not notarized, each side can make the other sign one that is (Art. 1357). So a buyer holding a signed kasulatan can ask the seller to sign a notarized deed, and go to court if the seller refuses.
What a Notarized Deed Gives You That a Private One Does Not
- Registration. Section 112 of Presidential Decree No. 1529 (PD 1529), the Property Registration Decree, says a deed cannot be registered unless it was acknowledged before a notary or another officer allowed to take acknowledgments. Acknowledgment means you appear before the notary and confirm that you signed the deed freely.
- Protection against others. Under Section 51 of PD 1529, it is the registration that makes a sale binding on third persons (people outside the deal). An unregistered sale binds only the seller, the buyer and their heirs.
- The BIR. The BIR needs the notarized deed to compute the capital gains tax and documentary stamp tax and to issue the eCAR. Its deadlines count from the date of notarization.
- Proof in court. A notarized deed is a public document. Courts accept it without first requiring proof that the signatures are genuine, and it is presumed regular (assumed to be in order). A private deed must be proved by witnesses.
For the steps after notarization, see transferring a land title.
The Risks of Waiting
- Double sale. If the seller sells the same land twice, the Civil Code generally favours the buyer who registers first in good faith (Art. 1544). A buyer with only an unregistered kasulatan can lose to a later buyer who registered.
- The seller dies. The title is still in the seller's name, so the heirs must take part, and some may refuse or claim they knew nothing. See selling land still in a dead parent's name.
- Penalties. Taxes paid late carry surcharges and interest. A deed notarized years after the sale can raise questions at the BIR about when the sale really happened.
- Lost papers. A private paper kept in a drawer can be lost or damaged. A notarized deed has a copy in the notary's records.
How to Notarize It Properly
- Write a full Deed of Absolute Sale with the title number, technical description (the lot's boundaries and measurements, copied from the title), price and who pays which taxes.
- The seller, the seller's spouse if married, and the buyer appear in person before the notary with valid IDs. A signer who cannot come can act through a person holding a Special Power of Attorney.
- The notary records the deed in the notarial register and writes the document, page and book numbers on it. The notary uses the actual date. A notary may not backdate a deed.
- Start the BIR filings right away. See taxes and fees when you sell land or a house.
For what to bring and what the notary checks, see getting a document notarized. For what notaries in your area usually charge, see what notaries charge for a Deed of Sale.
Common Questions
Hindi Notaryado ang Deed Namin. Pwede pa bang Ipa-notaryo Ngayon?
Yes, if the seller and buyer (or the people they authorized with an SPA) can still appear before a notary and confirm they signed. Many people simply sign a fresh Deed of Absolute Sale before the notary. The notary will date it on the day of notarization, and the BIR deadlines and any penalties are counted with that in mind, so ask the BIR district office (RDO) how it will treat an older sale.
Is a Deed Signed in Front of the Barangay Captain Already Notarized?
No. A barangay captain or kagawad signing as a witness does not turn a deed into a notarized document. Only a commissioned notary public, or an official the law allows to take acknowledgments, can notarize it.
The Seller Now Refuses to Sign a Notarized Deed. What Can I Do?
The Civil Code lets either party compel the other to put the sale in a public document (Art. 1357). Start with a written demand. If the seller lives in the same city or municipality, the dispute usually goes to the barangay first. See going to the barangay first. A court case needs a lawyer; the Public Attorney's Office (PAO) helps people who qualify.
Is a "Deed of Sale" of a Rights-Only Lot Fine Without a Notary?
It binds the two of you, but you will want it notarized to transfer the Tax Declaration and to prove your possession later. Notarizing it does not prove the seller owned anything. See buying a rights-only lot.
Does a Notarized Deed Already Make Me the Owner on the Title?
It transfers ownership between you and the seller once the deed is signed and the land is delivered. Your name goes on the title only after the taxes are paid and the sale is registered at the Registry of Deeds.
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.