Rules on Electronic Notarization under A.M. No. 24-10-14-SC - ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

The Rules on Electronic Notarization is adopted to facilitate the provision of technology-based notarial services, with a view to supplementing the traditional mode of notarization under the 2004 Rules on Notarial Practice. The Rules shall govern the electronic documents through In-Person Electronic Notarization and Remote Electronic Notarization.

Notarization of paper documents and instruments with handwritten signature or marks shall continue to be governed by the 2024 Rules on Notarial Practice.

In the absence of any applicable provision in the Rules, the pertinent provisions of the 2004 Rules on Notarial Practice may be applied by analogy or in a suppletory manner.

In-Person Electronic Notarization (IEN)

IEN requires the physical appearance of the principal and witnesses, if any, before the Electronic Notary Public (ENP). Physical appearance is when the principal, witnesses, and the ENP are in close proximity with each other to see, hear, and communicate without reliance on electronic devices such as telephones, cellular phones, computers, or video cameras.

In choosing the venue for the performance of IEN, the ENP must ensure that the professional, private, and confidential nature of the electronic notarial act is maintained.

Preliminaries

The ENP shall ensure compliance with the following procedure prior to the performance of the electronic notarial acts provided in Rule IV of the Rules through IEN:

The ENP shall verify the identity of the principal and the witnesses through the identity verification mechanism of the ENF;
The ENP shall confirm the principal’s voluntariness by examining their demeanor;
The ENP shall read, interpret, and explain the general nature of the electronic document; and
The ENP shall confirm that the electronic document to be notarized is the same one acknowledged, sworn to, affirmed by, or signed by the principal and the witnesses, if any.

Remote Electronic Notarization (REN)

REN requires the virtual appearance of the principal and witnesses, if any, before the ENP. Virtual appearance through videoconferencing shall be the equivalent of an in-person or physical appearance of parties and witnesses required in the performance of electronic notarial acts.

The videoconference must allow for synchronous interaction between and among the principal, the witnesses, if any, and the ENP, who may be in different locations. All electronic notarial sessions may be recorded. Pre-recorded videos of the principal and witnesses signing are strictly prohibited. Further, the ENP shall require the principal and the witnesses to stay within the view of the video conference camera throughout the notarization process.

In choosing the venue for the performance of the REN, the ENP must ensure that the professional, private, and confidential nature of the electronic notarial act is maintained.

Preliminaries

The ENP shall ensure compliance with the following procedure prior to the performance of the electronic notarial acts:

The execution of a remote electronic notarial act may be scheduled and confirmed with an ENP by any interested party through any means, including phone, email, instant messaging, or other modes of communication, or through the ENF;
The ENP shall verify the identity of the principal and the witnesses through the identity verification mechanism of the Electronic Notarization Facility (ENF).
Except in the case of limited extraterritorial notarization, the ENP shall ascertain that all parties are present in the Philippines by accessing the geolocation function of the ENF and by requiring all parties to disclose their actual physical location in the Philippines while remotely participating in the electronic notarization act;
The ENP shall confirm the voluntariness of the principal and witnesses, if any, by examining their demeanor and immediate surroundings;
The ENP shall read, interpret, and explain the general nature of the electronic document; and
The ENP shall confirm that the electronic document to be notarized is the same one acknowledged, sworn to, affirmed by, or signed by the principal and the witnesses, if any.

Electronic Notarial Acts

Acknowledgment by Electronic Means

In case of an electronic document that requires the electronic signatures of the principals and witnesses, if any, the ENP shall
1. Require the principal and witnesses, if any, to sign the electronic document by affixing their respective electronic signatures through the use of the ENF and in full view of the ENP;
2. Require the principal and the witnesses, if any, to confirm that their electronic signatures have been voluntarily affixed for the purposes stated therein; and
3. Require the principal to declare that they electronically signed the instrument or document as their free and voluntary act and deed.
In case, of a pre-signed electronic document, the ENP shall
1. Require the principal to confirm that the signature appearing on the electronic document is theirs and that it has been voluntarily affixed for the purposes stated therein;
2. Require the principal to declare that they signed the electronic document as their free and voluntary act and deed; and
3. Require any witness who chose to appear before the ENP to confirm that the signature appearing on the electronic document is theirs and that they voluntarily affixed the same.

In case of REN and where there is more than one principal, each of them shall appear virtually before the ENP and shall be present during the videoconference using their respective ENF accounts. Likewise, witnesses may appear virtually before the ENP and sign the electronic document, if needed, using their respective ENF accounts.

Affirmation or Oath by Electronic Means

In case of an electronic document that requires the electronic signatures of the principals, the ENP shall
1. Require the principal to sign the electronic document by affixing their electronic signature using the ENF in full view of the ENP; and
2. Require the principal to avow the truthfulness of the contents of the electronic document under penalty of law.
In case of a pre-signed electronic signature, the ENP shall
1. Require the principal to confirm that the signature appearing on the electronic document is theirs; and
2. Require the principal to avow the truthfulness of the contents of the electronic document under penalty of law.

Jurat by Electronic Means

In case of a jurat, the ENP shall

Require the principal to sign the electronic document by affixing their electronic signature using the ENF in full view of the ENP; and
Require the principal to take an oath before the ENP.

Signature Witnessing by Electronic Means

In cases of signature witnessing, the ENP shall require the principal to electronically sign the electronic document using the ENF in their full view.

Limited Extraterritorial Performance of Electronic Notarial Acts

The ENP shall be allowed to perform any of the electronic notarial acts for a principal located outside the Philippines, provided that at the time of the performance of the electronic notarial act, the principal is within the premises of any of the embassies of the Philippines, Philippine consular offices, or offices of Philippine Honorary Consuls abroad.

The ENP shall confirm the location of the principal abroad by requiring them to pan the video and show that they are within the premises of any Philippine embassies or consular offices. A designated officer from the Philippine embassy or consulate shall also confirm the principal’s presence within the premises to the ENP before proceeding with the performance of the electronic notarial act.

Completion of a Notarial Certificate and Retention of Record

After the execution of the electronic notarial act in accordance with the Rules, the ENP shall complete the electronic notarial certificate, affix thereon their electronic signature, and attach their Electronic Notarial Seal. The electronic notarial certificate shall be attached to the notarized electronic document.

Real-Time Transmission to Central Database

Upon completion of the electronic notarial act, the ENP shall ensure that a copy of the notarized electronic document in PDF/A format is automatically uploaded to the Supreme Court Central Notarial Database using the ENF in accordance with the Electronic Notarization Data Sharing Guidelines; provided that during the Transitional Period, PDF copies of the notarized electronic document shall be transmitted to the Electronic Notary Administrator (ENA).

Audiovisual Recording of the Electronic Notarial Act

The principal(s) may create and retain an audiovisual recording of the electronic notarial act taken from the ENF for their account and records. For this purpose, the ENF shall allow the recording and downloading of the electronic notarial act for the benefit of the principal.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.

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