Sealed and Notarized: What Does It Really Mean?

Many assume that once a document is notarized, it automatically becomes valid and legally binding. That is not always the case. In the Philippines, notarization provides a document with certain legal and evidentiary advantages, but it does not:

- guarantee that its contents are true;

- make an otherwise invalid document valid; or

- cure defects in its execution.

The Supreme Court has expressly held that “the fact of notarization, per se, is not a guarantee of the validity of the contents of a document because it is not the function of the notary public to validate the statements contained therein.” The notary public’s function is to perform the required notarial act, not to verify the truth of every statement in the document. (Anido v. Republic of the Philippines, G.R. No. 253527, October 21, 2024).

What Does Notarization Actually Establish?

A properly notarized document is generally prima facie evidence of its due execution and authenticity, but not necessarily of the truth of its contents.Thus, while notarization may create an initial presumption that a document was properly executed, that presumption may still be challenged by sufficient evidence.

Notarization Does Not Cure Forgery

A notarial acknowledgment cannot give legal effect to a document that was not genuinely executed by the person whose signature appears on it. In Gil G. Chua v. Bank of Commerce, G.R. Nos. 263632 and 264110, January 22, 2025, the Supreme Court reinforced the principle that notarization, by itself, does not make a forged or improperly executed document valid and binding.

Under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), a notary public must comply with the requirements governing notarial acts.

Among these requirements:

- the person signing or acknowledging the document must personally appear before the notary; and

- the person must be properly identified through competent evidence of identity.

A notarial seal therefore does not prevent the courts from examining whether a document was genuinely executed or whether the circumstances surrounding its notarization comply with the law.

Notarization vs. Validity

These are two different concepts:

Notarization concerns the performance of a notarial act by an authorized notary public. Validity depends on the legal requirements applicable to the particular document or transaction. A document may therefore be properly notarized yet still be challenged or declared invalid when the evidence and applicable law show that it should not be given legal effect.

Before relying on a notarized document, it is important to consider:

- whether it was properly executed;

- whether the parties actually gave their consent;

- whether the signatures and identities are genuine; and

- whether the underlying transaction complies with the law.

Proper legal review matters. Notarization serves an important legal and evidentiary purpose, but it is only one part of determining whether a document is legally effective.