The Short Answer
A notary public is a lawyer licensed by a court to witness signatures. When a notary checks your ID, watches you sign or confirm your signature, and records it in their book, your paper becomes a public document. Courts and offices can then rely on it without asking you to prove the signatures are real. That is why the LTO, banks, the Registry of Deeds and courts ask for notarized papers. The notary does not check whether what the document says is true.
Example: Selling a Motorcycle in Tarlac City
Names and details in this example are made up.
Rodel Manalo, a tricycle driver in Barangay San Nicolas, Tarlac City, sells his motorcycle to his neighbour Jessa Pineda for ₱45,000. They write a simple Deed of Sale, both sign it in Rodel's kitchen, and Jessa pays in cash.
Is the sale valid? Between Rodel and Jessa, yes. They agreed on the motorcycle and the price, and they both signed.
Why Jessa still needs a notary. When Jessa goes to the LTO to put the motorcycle in her name, the LTO asks for a notarized Deed of Sale. A paper signed at home is a private document: anyone could have written the names. So Rodel and Jessa redo the deed using a Deed of Sale for a motor vehicle and go together to a notary in Tarlac City with their IDs.
What the notary does. The notary checks their IDs, makes sure the deed has no blanks, asks each of them to confirm they signed it freely, and writes the deed in the notarial register (the notary's record book). The notary stamps the deed with a document, page and book number.
What the notary does not do. The notary does not check whether the motorcycle is really Rodel's, whether its papers are in order, or whether ₱45,000 is a fair price. Jessa still has to check the OR/CR and any bank loan on the motorcycle herself. See transferring vehicle ownership.
Who a Notary Is
In the Philippines, a notary public must be a lawyer. They get a commission (a license to notarize) from the Executive Judge of the Regional Trial Court (RTC) for a particular city or province. The commission lasts two years, and the notary may only notarize within the area of the court that gave it (2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, Rule III, Sec. 11).
A barangay captain, a city hall employee or a "fixer" outside the office is not a notary. A stamp from someone without a commission does not make a document notarized.
What Notarizing Changes
A paper you sign at home is a private document. If anyone questions it in court, you must prove the signatures are real, usually with witnesses.
Once notarized, it becomes a public document (a document notarized or made before an official). Courts accept it without further proof that it was properly signed (due execution), and it is presumed regular (assumed to be in order) unless someone proves otherwise. This is why offices trust it:
- Registry of Deeds: a Deed of Sale, mortgage or donation of land cannot be registered unless it was confirmed before a notary (Presidential Decree No. 1529 (PD 1529), Sec. 112).
- LTO: asks for a notarized Deed of Sale to transfer a vehicle.
- BIR: needs the notarized deed to compute taxes on a land sale and issue its eCAR.
- Banks, SSS, Pag-IBIG and courts: often ask for notarized affidavits and Special Powers of Attorney.
The Two Kinds You Will Meet
- Swear to it (jurat). For affidavits. You sign in front of the notary and swear that what it says is true (Rule II, Sec. 6). Lying in it can be perjury (the crime of lying under oath).
- Confirm you signed it (acknowledgment). For deeds, contracts and Special Powers of Attorney. You tell the notary the signature is yours and you signed freely (Rule II, Sec. 1).
What a Notary Does Not Check
A notary checks who is signing and that they sign freely. A notary does not investigate whether the facts in your affidavit are true, whether the seller really owns the land, or whether the deal is a good one for you.
A notary must refuse, though, if they believe the deal is illegal or immoral, if you seem not to understand what you are signing, or if you seem to be signing against your will (Rule IV, Sec. 4). They must also refuse a blank or incomplete document (Rule IV, Sec. 6).
So a notary's stamp does not mean the land title is clean or the story in an affidavit is true. Do your own checking. See checking land before buying.
Not Every Document Needs a Notary
Most contracts are valid between the people who signed them even without a notary. Notarization matters when an office or a law asks for a public document, or when you want strong proof later. See whether a Deed of Sale is valid without a notary. Simple letters, like an Authorization Letter to pick up a parcel, usually need no notary unless the office asks.
Common Questions
Kapag Notaryado na, Totoo na ba ang Laman?
No. Notarization shows who signed and that they signed freely. It does not prove the contents are true. For an affidavit, the person swore it was true, and lying in it can be perjury. But the notary did not check the facts.
Can a Barangay Captain Notarize?
No. Only a lawyer with a notarial commission from the RTC Executive Judge, or an official the law allows, can notarize. A barangay captain may sign as a witness or administer an oath for some barangay matters, but that does not make a deed notarized.
Does a Notarized Document Expire?
The notarization itself does not expire. But some offices want recent papers, such as an SPA or an Affidavit of Loss signed within the last few months. Ask the office that will receive it.
How Do I Know the Notary Is Real?
Look at the notary's certificate at the end of the document. It should show the commission number and expiry, and the document, page and book numbers. You can ask the Office of the Clerk of Court of that RTC whether the notary was licensed on that date. See complaints against a notary.
How Much Does Notarization Cost?
It depends on the document and the place. Notaries must post their price list and give an Official Receipt. See our notary prices for what notaries in your area usually charge.
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.