“Ang Mahal Naman, Notaryo Lang!” – NOTARY PUBLIC 101

“Magpapanotaryo lang naman, bakit ganyan na ang presyo? Sa kanto, ₱50 lang per document. Ang taas naman ng 1% ng transaksyon!” (It’s just notarization, why is the price like that? Across the street, it’s just ₱50 per document. 1% of the value of the transaction is exorbitant!). 

That is a frequent response legitimate notaries public (notaries, for short) get when they give quotations for their services. 

And what’s this matter about notaries and why is legitimate notarization important?

Under the Rules on Notarial Practice, only lawyers can be notaries. Duly licensed attorneys who have passed the bar, taken their oath, and signed in the roll of attorneys may apply for another license to become a notary. This secondary license is called a commission.

To put it simply, a notary public is an officer who ensures that a document is legitimate. The Rules provide for five (5) main notarial acts: acknowledgement, jurat, oath or affirmation, copy certification, and signature witnessing. We’ll discuss these acts in a later segment but for now, we note that the common denominator among these is that an individual personally appears before the notary public in order to authenticate the document.

Authentication means the document is true as to its contents and as to its execution. Execution simply means that the signature appearing on the document is true and correct. In other words, both the body and the signature are legitimate.

When the notary finds everything in order, the notary will affix his/her/their notarial seal and signature on the document. This turns the document from a private document to a public document.

So why do legitimate notaries charge 1% of the value stated in the document for the notarization of a document?

According to the Supreme Court, notarization should not be treated as an empty, meaningless or routinary act; the notarial seal converts a document from a private to a public instrument, after which it may be presented as evidence without need for proof of its genuineness and due execution.  In layman’s terms, a notarial seal means the notary ensures and guarantees the truth of the contents and signature of the document. You can take that document to the bank. You can even bring it to court. The price reflects the oath or affirmation a person takes in proving to the notary that both the document and the signature are true. It is that peace of mind that reflects the true value of notarization. 

We at Batocabe & Partners, as legitimate notarial officers, do not take our oaths lightly. Rest assured that once we affix a document with our seal, it is proof of a document’s genuineness and due execution.