Introduction
Generally, having your document notarized is a crucial step when you are signing a legal or financial agreement with another party in the Philippines. A notary public’s stamp proves that an authorized public officer verified the identities of the people involved and stood witness to the contract signing.
Notarization is not always necessary, especially for documents like letters and informal agreements. However, if substantial money or property is involved or any human right is at risk, asking a notary public to stamp your contract is a sound move.
Because a notarial act makes a document legally binding, you must secure a notary public stamp for deeds of sale, wills and testaments, affidavits of loss, or powers of attorney. This will ensure that all parties fulfill the details of the agreement.
If you are in a similar situation where you need to legally bind the agreeing parties, you should seek the services of a notary public. This guide by Yap, Kung, Ching & Associates Law Office outlines the requirements you should prepare and how the notarization process works.
What Does It Mean To Notarize a Document in the Philippines?
A notarized document signifies three things: the notary public verified the identity of the signers, proven that the parties involved are willing and able to agree on the document, and stood witness to the signing procedures.
In the Philippines, notarization also turns an agreement into a public document, which means it enjoys the presumption of regularity. In layman’s terms, it means the notarizing of the will, deed, affidavit, or similar document is done rightfully.
The presumption of regularity also makes the notarized document valid as evidence in litigation. When there is a dispute between you and the parties involved, presenting a notarized agreement can strengthen your appeal or defense.
Who Can Notarize Documents?
Some assume all lawyers can provide notary services in the Philippines, but that is inaccurate. Attorneys can only notarize your document if authorized by the relevant commissioning court, as stated in the Supreme Court’s 2004 Rules on Notarial Practice.
You need not take the lawyer’s word for it, too. When looking for a notary public, you may check whether the attorney is authorized or not based on the following qualifications:
They Fulfill Commissioning Requirements
Only members of the Philippine bar are eligible to be commissioned as a notary public (you can verify the attorney’s legitimacy online). That said, these lawyers don’t automatically become notaries public as they must:
- Be a Philippine citizen
- Be 21 years of age or older
- Be a resident of the Philippines for at least a year
- Not have any criminal record
- Have an approved petition for the notarial commission
- Have a valid commission number
They Have a Place of Business
Notaries public must own a physical place of business where they perform notarial acts. For instance, if the lawyer practices in Makati City, they are also expected to operate within that area. It is irregular for notaries public to offer their services in the streets.
They Provide Services Within Their Jurisdiction
Notaries public are not allowed to perform notarial acts outside their jurisdiction. For instance, those licensed to practice in Makati City cannot notarize documents in Quezon City. That said, as the signer, you do not need to be from Makati City to enlist the notary public’s services there, so long as your agreement applies to the area.
How Is a Document Notarized?
The notarization of documents in the Philippines is quite a straightforward process, so long as you act in good faith. Once a legal consultant reviews your agreement, you can expect the notarial act to proceed in four steps:
Presentation of Documents
Before going to a notary public, ensure that you have multiple original copies of the document for notarization. You are required to do this, as the notarizing office will submit a copy or two to the Regional Trial Court and keep one in their office.
Identity Verification
The notary public will require you to present proof of your identity to verify that you are the same person as the signer of the agreement. Offices accept valid government IDs, such as a driver’s license, a PRC ID, or other identification papers, like an NBI clearance or PhilHealth card. You will also be asked to provide specimen signatures.
Signing in Front of Witnesses
Notaries public will witness you and the other party signing the document. This process should be done in person whenever possible, as the notary needs to ensure that the person signing the agreement understands what they are agreeing to and is not coerced into it.
Stamping the Document
After the notary public verifies your identity and assesses your willingness to sign the agreement, they will stamp and sign the document. The notary office will charge a fee for it subject to existing rules and regulations. Expect to leave a copy with the office for their records and safekeeping.
Benefits of Notarizing a Document
Notarizing a document offers the following advantages:
Deter Forgery and Fraud
Because notarization requires face-to-face signing, it will be easier for the notaries public to verify the signatories’ identities by checking if their identification documents match them. Moreover, the notary office requesting specimen signatures on-site will make it hard to forge papers.
Provide Legal Protection
A notarized document has a public character and enjoys presumed regularity. Hence, it can protect you from legal disputes and litigation if you use it as evidence to back up your case. Notarization alone can even prevent the signing parties from veering away from the agreement due to its legally binding nature.
Avoid the Need for Witnesses
Aside from being valid as a piece of evidence, a notarized document is self-authenticating, which means you can prove the credibility of the agreement even when you are not present in court. If you are ever involved in a litigation case, this can save you time and resources as you will not be required to show up in the trial (unless it is necessary for the case to progress).
Increase Credibility
While not all documents need notarization, opting for it can add credibility to your agreement. Notarizing can boost your confidence if you feel some people will not acknowledge what you and the other party agreed upon. This can be especially helpful if you need proof of your eligibility for a deed, will, or power of attorney.
YKC Law Will Help You With Your Notarization Concerns
Before you request any law firm in the Philippines to notarize your documents, we believe it is wise to let a legal expert check the details of your agreement first. Doing so will prevent loopholes and keep the contract fair for all parties involved.
YKC Law can help you assess your documents, whether you need to transfer rights to real properties or validate documents for international use. You can also consult us regarding labor and corporate laws where notarized contracts are constantly referred to.
Conclusion
Notarizing your documents in the Philippines gives legal weight to your agreements and protects your rights. That said, you must ensure an authorized notary public serves you to avoid any legal issues. Once you are sure, you can expect the notarization to be straightforward so long as you can prove your identity and sign your contract in good faith.
Before you approach your local notary, consult YKC Law to ensure that your document is clear, comprehensive, and fair. Set an appointment with our firm today!
