Notarization of Documents: Common Questions Answered

Clients often ask whether notarization is really necessary or whether it is merely a formality added at the end of a transaction. The truth is that notarization has serious legal consequences. Understanding what notarization does, what it proves, and what it does not prove can help you protect your rights and avoid disputes later on.

What is the effect of having a document notarized?

When a document is notarized, it no longer remains a simple private agreement between you and the other party. It becomes a public document. This change is important because courts, government agencies, and third parties are allowed to rely on public documents without requiring further proof of their authenticity.

Under the Rules on Evidence, a document that is duly acknowledged before a notary public may be presented in evidence without the need for additional proof of its execution. The notary’s certificate of acknowledgment serves as prima facie evidence that the document was signed and executed properly. In practical terms, the law assumes that a notarized document is valid unless someone can later show strong and convincing evidence to the contrary.

What does it mean when a document becomes a public document?

The Rules on Evidence classify documents into two main categories: public and private. A document acknowledged before a notary public, except for last wills and testaments, is considered a public document. All other writings are private documents.

A private document has limited evidentiary value on its own. If you want to use it in court, the opposing party may insist that you prove the authenticity of the signatures and the manner of execution. This often requires testimony from witnesses or other supporting evidence.

Once a document is notarized, these requirements are usually removed. The document is presumed to have been executed regularly and voluntarily. This presumption makes notarized documents far more reliable and effective in legal proceedings.

Why is a notarized document easier to use in court?

A notarized document carries with it a certificate of acknowledgment executed by a notary public. This certificate is already considered evidence that the signer personally appeared, was properly identified, and voluntarily signed or acknowledged the document.

Because of this, the party presenting a notarized document normally does not need to call witnesses to prove its execution. Courts accept notarized documents at face value unless there is clear proof of irregularity, fraud, or forgery. The Supreme Court has consistently recognized that notarization converts a private document into a public one that is admissible in evidence without further proof of authenticity.

Can other people rely on a notarized document?

Yes. One of the main purposes of notarization is to allow third parties to rely on documents without conducting their own investigation. Courts, government offices, banks, employers, buyers, and other institutions are entitled to trust that a notarized document is genuine and was properly executed.

This is why notarization is often required for transactions involving property, money, authority, or legal status. It creates stability and confidence in transactions and reduces the risk of disputes.

Does notarization prove that everything written in the document is true?

No. This is a common misconception.

Notarization does not automatically make every statement in a document true. What notarization primarily proves is the fact of execution. It shows that the signer appeared before the notary, was identified, and acknowledged signing the document voluntarily on the stated date.

The factual statements inside the document, such as claims that money was received, obligations were fulfilled, or certain conditions exist, may still be questioned and disproved by evidence. Courts have made it clear that notarization is prima facie evidence of execution, not a guarantee of the truth of all contents.

Why should I be careful before signing and notarizing a document?

Because notarization gives a document significant legal weight, signing and notarizing a document should never be taken lightly. Once a document is notarized, it becomes difficult to deny having signed it or to claim that it does not reflect your agreement.

You should never sign or notarize a document that you do not fully understand or that contains statements you know to be untrue. Even if the statements are inaccurate, you may still be held accountable, especially if another party relied on the document in good faith.

Courts generally view notarization as a deliberate and serious act. Simple denials or after-the-fact explanations are rarely enough to defeat a notarized instrument.

How strong is a notarized document as evidence?

A notarized document enjoys a strong presumption of regularity. Anyone who challenges it must present clear and convincing evidence. This is a higher standard than ordinary proof and requires more than mere allegations or self-serving statements.

In practice, courts are cautious about disregarding notarized documents. They usually do so only when there is compelling proof of forgery, fraud, lack of authority on the part of the notary, or failure of the signer to personally appear.

Because of this strong presumption, notarized documents often play a decisive role in resolving disputes.

How does notarization affect everyday transactions?

Notarization plays a central role in many common transactions. Real estate documents, such as deeds of sale and mortgages, are usually notarized so they can be registered with the Registry of Deeds. Without notarization, registration may be denied, making ownership or security interests harder to protect.

Loan agreements and contracts are also commonly notarized. A notarized agreement is easier to enforce because it limits a party’s ability to deny signing or consenting to its terms.

Affidavits are another example. When you execute a notarized affidavit, you are effectively making a sworn statement. Such affidavits are often used in investigations, administrative cases, and court proceedings, and false statements may have legal consequences.

Powers of attorney are frequently required to be notarized before banks and government agencies will recognize them. Notarization gives assurance that the authority granted is genuine and voluntary.

What documents are most commonly notarized?

The documents most often brought for notarization include deeds of sale of land, houses, condominiums, and motor vehicles; loan agreements, promissory notes, and contracts; affidavits such as affidavits of loss, support, discrepancy, and good moral character; Special Powers of Attorney and General Powers of Attorney; mortgages and lease agreements; quitclaims, waivers, and undertakings; corporate documents such as board resolutions and sworn certifications; travel and immigration documents including affidavits of support and parental consent; and authorization letters and sworn undertakings.

Final reminder before notarizing

Before having any document notarized, read it carefully and make sure you understand every part of it. Check names, dates, and details. Bring valid identification and sign only in the presence of the notary. Keep your own copy for future reference.

Notarization is not a mere formality. It is a legal step that can protect you or bind you for many years. If you are unsure about the consequences of a document, consulting a lawyer before signing can help you avoid serious legal problems later on.

*This blog post is intended for informational and academic purposes only and does not constitute legal advice. Readers are encouraged to consult a qualified lawyer for advice specific to their individual circumstances.

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