Many people remain confused about the purpose of notarization. Is it simply a matter of compliance, or does it serve a deeper function? What is its true essence? Do all documents need to be notarized? If not, when is notarization actually required?
To clear up the confusion, here are answers to some of the most frequently asked questions about notarization.
1. Does it have to be notarized?
To clarify, the requirement of notarization is entirely dependent on the document you are holding.
Notarization is the act performed by a notary public in which a private document is transformed into a public instrument. This process is necessary when a document must be submitted to or registered with a government office.
For example, when selling a vehicle to another person, the deed of sale does not need to be notarized to complete the transaction, as delivery and payment alone are sufficient. However, for the new owner to be officially registered with the Land Transportation Office (LTO), the deed of sale must be notarized. Notarization is required because the document, originally a private agreement between buyer and seller, must become a public document for government registration purposes.
Notarization is required when the law demands a public document for validity, registration, or evidentiary purposes.
2. What is the purpose of notarization, and why is it important?
The Supreme Court has consistently emphasized the importance of notarization because it secures the morality, legality, and authenticity of the document.
By converting a private document to a public document, the process of notarization ensures that the notarized document has the presumption of due execution. This is why, when presented in court, it needs no further proof of authenticity and due execution. Hence, notaries must exercise utmost care, as the public’s confidence lies in the integrity of the notarial process (Ong v. Bijis, 2021).
3. Why is it charged so much?
When strolling near the municipal hall, you can see “barkers” promising swift, affordable document notarization. But this convenience comes with a significant—and often unseen—risk.
The common perception that a law firm isn’t easy on the pocket pushes people to run into the nearest notary public that offers the cheapest service. The process is usually simple: you wait outside while an intermediary (the barker) processes the document inside, denying you, as the signatory, the mandatory personal appearance before the notary.
If this scenario sounds familiar, you may have been the target of notarial fraud. These “too-cheap-to-be-true” services frequently operate without a legitimate notary public or rely on expired and unrenewed licenses and stamps.
The legal gravity of the situation is simple: Proper notarization is not a drop-off service. It is a solemn act requiring the signatory’s personal presence to allow the notary to ascertain their identity and intent, thereby verifying the document’s authenticity. Without this direct interaction, the document does not become invalid, but it will not be considered as having been notarized. Meaning, all the intended effects of the notarial process do not occur.
Notarization does not come cheap because notaries are not mere “stamp providers”; they assume risk and responsibilities to every document they notarize. An important duty of a notary public is to ascertain and certify the identities of the parties involved; hence, if it is found that the parties to the notarized document are fraudulent or non-existent, the notary will not only lose their notarial commission but even their license to practice law. These are only some of the possible administrative, civil, and criminal liabilities that notaries face.
Despite these intrinsic costs and risks, however, notaries are not permitted to overcharge. They are generally bound by the official notarial fee schedules set by the Supreme Court or local chapters of the Integrated Bar of the Philippines (IBP), ensuring that while the service is essential and a serious obligation, it remains well-regulated.
For information on the notary fees in your area, please visit your local IBP office and inquire about their schedule of fees.
4. If my document is not notarized, is it invalid?
If notarization upholds the authenticity of documents, should everything you own bear the notary’s seal? The answer, unequivocally, hinges on the nature of your documents.
As a general rule, a document remains valid as a private document between parties even if it is not notarized, unless the law specifically requires notarization for its validity. Two things should be noted on this:
Notarization is Required by Law
When a document is required by law to be a public document (e.g., sale of real property, powers of attorney, etc. — Civil Code, R.A. 386 as amended, Art. 1358), and thus needs to be notarized, the lack of notarization may render the document unenforceable or unregistrable. It may not bind all the parties involved.
More importantly, if you wish to execute a will, notarization is essential. Notarizing a will guarantees that the testator, the person creating the will, signed it freely and voluntarily (Follosco v. Mateo, 2004). This step is crucial, as it confirms the will’s authenticity and helps prevent disputes or contests during probate proceedings. Furthermore, the notarial process requires not only the testator and the notary to be present, but also witnesses, as mandated by law (Civil Code, R.A. 386 as amended, Art. 806). Failure to comply with these legal requirements, which are achieved through notarization, may render the will invalid, meaning the deceased’s wishes for the distribution of their estate may ultimately go unfulfilled.
Notarization is Not Required by Law
When a document is not required to be notarized, the document remains perfectly valid. It will, however, retain its status as a private document and will require proof of authenticity when admitted in court.
5. Can a non-lawyer notarize?
Can any person—say, a clerk, or a paralegal with a rubber stamp—be a Notary Public?
Absolutely not.
This is an iron rule set firmly within the Philippines’ Rules on Notarial Practice: only a member of the Philippine Bar—in short, a lawyer—may apply to become and serve as a Notary Public and, therefore, notarize documents (Rules on Notarial Practice, 2004).
It should be noted that not all lawyers are notaries public; only those who have applied and have been granted the commission of notary public. This specialized commission is what grants a lawyer the authority to administer oaths, verify identities, and affix their own notarial seal.
This highlights the importance of preventing “notarial scams” arising from suspiciously low-cost notarial services. These services often stop you from personally appearing before a notary public, leaving you unaware of whether the individual notarizing your document is a qualified lawyer and notary public.
When you forgo the assurance of a legitimate notary, you risk receiving a mere stamp on your document—one that carries no legal weight.
To ensure your important documents are handled with the utmost professionalism and integrity, we invite you to consult with Cavada & Aguilar Law Firm for all your notarization needs.
