Notarization refers to the process of having a document certified by a duly commissioned notary public.

Why have a document notarized?

Having a transaction document properly notarized converts such transaction document into a public document. A public document is admissible as evidence in court without further proof of its authenticity.

Assuming that everything else is properly done and the subject transaction is not among those specifically required by law to appear in a public instrument, a transaction document (e.g., a contract) is however generally valid and enforceable between the parties irrespective of whether it has been notarized or not.

Where should you have a document notarized?

To ensure proper notarization, you should bring the document for notarization to a duly commissioned notary public in the place of execution/signing of the document. For example, if the document has been/will be signed in City A, (i) the notary public should be duly commissioned, and (ii) the act of notarization should also be done in the same City A.

How can you verify that the notary public is duly commissioned in the place of execution of the document?

You may ask the notary public for a copy of (i) his/her certificate of membership in the Philippine bar, (ii) his/her Integrated Bar of the Philippines (IBP) identification card, (iii) the court order appointing him/her as notary public, and (iv) the corresponding notarial commission issued by the court.

The place and validity period of his/her notarial commission are provided in the court order and notarial commission. The place of commission should cover the place of execution/signing of the document. The date of execution/signing of the document should be within the validity period of the notary public’s notarial commission.

What should you do before going to/during your appointment with the notary public?

To ensure a smooth notarization process, set aside time for the following:

1. Understand the subject transaction. If you do not yet have a document covering the transaction, have the notary public or your go-to lawyer prepare the document. If you already have the document intended to cover such transaction, read and understand the document. Ensure that the document properly captures the subject transaction. The notary public will verify that you understand the consequences of the transaction, and you are voluntarily entering into said transaction.
2. Allocate sufficient originals of the document for the parties, the notary public, and other third parties, as applicable. 
3. Set aside time to personally appear before the notary public. A notary public may not properly notarize a document without having the relevant signatory/ies to the document personally appear before him/her to attest to the truth of what is provided in the document.
4. Bring valid (i.e., current and not expired) government identification cards (for example, passport, driver’s license, UMID, Philippine national ID) that bear your photograph and signature. This allows the notary public to properly identify you. This applies to the signatories and witnesses, if any.

Why should you care that a document is properly notarized?

Improper/defective notarization has specific consequences per document type. Ordinary documents that have defective notarization remain effective between the parties but are stripped of their public character (i.e., effectively deemed unnotarized). Solemn contracts or those that require certain legal formalities, however, may be deemed invalid or unenforceable, as the case may be, if they are improperly notarized.

Observing proper notarization may be deemed inconvenient by some. At the end of the day, however, it is a means to protect the underlying transaction as well as the parties.

The content on this website is for general information only and does not constitute legal or other professional advice. You should not rely on it as a substitute for advice from a qualified lawyer who is familiar with your particular circumstances.

For legal advice, please book an appointment and/or contact us.