As a general rule, notarization is not required for the validity of contracts and other documents. Hence, contracts are considered validly executed even if signed electronically. However, the following documents listed below must be notarized (and hence physically signed).

 

DOCUMENT NAME LEGAL BASIS PURPOSE
FAMILY CODE     
Marriage License Application Article 11. Where a marriage license is required, each of thecontracting parties shall file separately a sworn application for such license with the proper local civil registrar x x x  Necessary to implement the transaction
Marriage Advice Article 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. Necessary to implement the transaction
CIVIL CODE    
Donation of real property Article 749. In order that the donation of an immovable may be valid, it must be made in a public document, specifying therein the property donated and the value of the charges which the donee must satisfy.The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor.If the acceptance is made in a separate instrument, the donor shall be notified thereof in an authentic form, and this step shall be noted in both instruments. For validity
Wills Article 806. Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public shall not be required to retain a copy of the will, or file another with the office of the Clerk of Court. For validity
Granting/revoking rights over real property Article 1358. The following must appear in a public document:(1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property x x x Necessary in order to take effect against third persons
Renouncing rights of spouse or heir(s) Article 1358. The following must appear in a public document: x x x (2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains; x x x Necessary in order to take effect against third persons
Power of attorney over property Article 1358. The following must appear in a public document: x x x (3) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person; x x x Necessary in order to take effect against third persons
To revoke rights previously granted in a notarized document Article 1358. The following must appear in a public document: x x x (4) The cession of actions or rights proceeding from an act appearing in a public document. x x x Necessary in order to take effect against third persons
Assignment of a credit, right or action Article 1625. An assignment of a credit, right or action shall produce no effect as against third persons, unless it appears in a public instrument, or the instrument is recorded in the Registry of Property in case the assignment involves real property. Necessary in order to take effect against third persons
RULES OF COURT    
Extrajudicial settlement by agreement between heirs Rule 74, Section 1. If the decedent left no will and no debts and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose, the parties may, without securing letters of administration, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the register of deeds, and should they disagree, they may do so in an ordinary action of partition. For validity
PROPERTY REGISTRATION DECREE    
Dealings with land Section 112. Deeds, conveyances, encumbrances, discharges, powers of attorney and other voluntary instruments, whether affecting registered or unregistered land, executed in accordance with law in the form of public instruments shall be registerable: Provided, that, every such instrument shall be signed by the person or persons executing the same in the presence of at least two witnesses who shall likewise sign thereon, and shall acknowledged to be the free act and deed of the person or persons executing the same before a notary public or other public officer authorized by law to take acknowledgment. Where the instrument so acknowledged consists of two or more pages including the page whereon acknowledgment is written, each page of the copy which is to be registered in the office of the Register of Deeds, or if registration is not contemplated, each page of the copy to be kept by the notary public, except the page where the signatures already appear at the foot of the instrument, shall be signed on the left margin thereof by the person or persons executing the instrument and their witnesses, and all the ages sealed with the notarial seal, and this fact as well as the number of pages shall be stated in the acknowledgment. Where the instrument acknowledged relates to a sale, transfer, mortgage or encumbrance of two or more parcels of land, the number thereof shall likewise be set forth in said acknowledgment. For validity
REVISED CORPORATION CODE    
Amendment of Articles of Incorporation Section 15. x x x The original and amended articles together shall contain all provisions required by law to be set out in the articles of incorporation. Amendments to the articles shall be indicated by underscoring the change or changes made, and a copy thereof duly certified under oath by the corporate secretary and a majority of the directors or trustees, with a statement that the amendments have been duly approved by the required vote of the stockholders or members, shall be submitted to the Commission. x x x For validity
Sworn statement for increase of capital stock Section 37. x x x the Commission shall not accept for filing any certificate of increase of capital stock unless accompanied by a sworn statement of the treasurer of the corporation lawfully holding office at the time of the filing of the certificate, showing that at least twenty-five percent (25%) of the increase in capital stock has been subscribed and that at least twenty-five percent (25%) of the amount subscribed has been paid in actual cash to the corporation or that property, the valuation of which is equal to twenty-five percent (25%) of the subscription, has been transferred to the corporation: Provided, further, That no decrease in capital stock shall be approved by the Commission if its effect shall prejudice the rights of corporate creditors. x x x Necessary to effect the transaction
Resolution authorizing the amendment and/or adoption of new bylaws Section 47. x x x Whenever the bylaws are amended or new bylaws are adopted, the corporation shall file with the Commission such amended or new bylaws and, if applicable, the stockholders’ or members’ resolution authorizing the delegation of the power to amend and/or adopt new bylaws, duly certified under oath by the corporate secretary and majority of the directors or trustees. x x x Necessary to effect the transaction
Voting Trust Agreement Section 58. One or more stockholders of a stock corporation may create a voting trust for the purpose of conferring upon a trustee or trustees the right to vote and other rights pertaining to the shares for a period not exceeding five (5) years at any time: Provided, That in the case of a voting trust specifically required as a condition in a loan agreement, said voting trust may be for a period exceeding five (5) years but shall automatically expire upon full payment of the loan. A voting trust agreement must be in writing and notarized, and shall specify the terms and conditions thereof. For validity
Foreign corporations’ application for license to do business Section 142. Application for a License. — A foreign corporation applying for a license to transact business in the Philippines shall submit to the Commission a copy of its articles of incorporation and bylaws, certified in accordance with law, and their translation to an official language of the Philippines, if necessary. The application shall be under oath and, unless already stated in its articles of incorporation, shall specifically set forth the following:   x x xAttached to the application for license shall be a certificate under oath duly executed by the authorized official or officials of the jurisdiction of its incorporation, attesting to the fact the laws of the country or State of the applicant allow Filipino citizens and corporations to do business therein, and that the applicant is an existing corporation in good standing. If the certificate is in a foreign language, a translation thereof in English under oath of the translator shall be attached to the application.The application for a license to transact business in the Philippines shall likewise be accompanied by a statement under oath of the president or any other person authorized by the corporation, showing to the satisfaction of the Commission and when appropriate, other governmental agencies that the applicant is solvent and in sound financial condition, setting forth the assets and liabilities of the corporation as of the date not exceeding one (1) year immediately prior to the filing of the application.x x x For validity
LOCAL GOVERNMENT UNITS    
Barangay Clearance Application for securing Business PermitCertificate/Letter of AccommodationBoard Resolution and Secretary’s Certificate, if applicable Requirements may vary for every Local Government Unit. Notarization is not expressly required under the Local Government Code. For validity
Locational Clearance ApplicationCertificate/Letter of Accommodation For use of the government agency concerned
Sanitary Permit ApplicationAffidavit of No Employee (if without employee) or Certified list of Employees (if with employees) For validity
Tax DeclarationSworn StatementAuthorization Letter (if applicant is not the owner) For validity

 

 

 


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