After reading this article about online notarization, you may also read: BUSINESS CLOSURE IS NOT AN OPTION!
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As a rule, a person shall personally appear before the Notary Public to have his document/s notarized
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Due to Covid-19 Pandemic, some communities were put under quarantine
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As a response, the Supreme Court allowed online or virtual notarization
Measures and new policies were implemented by the government to respond to the inevitable effects of Covid-19 Pandemic.
Among said measures is the A.M. No. 20-07-04 – SC or 2020 Interim Rules on Remote Notarization of Paper Documents (“Rules on Remote Notarization”) issued by Supreme Court.
Prior to the issuance of the Rules on Remote Notarization, the rule is that a principal, whose act is the subject of notarization, shall personally appear and swear before the Notary Public to have his document/s notarized.
Otherwise, the Notary Public shall not notarize any document belonging to the principal who fails to appear before him. The rationale is that it is only with the personal appearance or physical presence of the principal that the Notary Public can ascertain his true identity which is supported with the required competent evidence of identity. Also, it is only with the physical presence of the principal can he swear before the Notary Public.
With the Covid-19 Pandemic, things have changed. Communities are under quarantine limiting the movements of people. Some belonging to specific age brackets are not even allowed to go out.
Thus, to cater the notarial needs of people who are not only afraid to go out from their safe haven but are also at high risk of contracting the virus, virtual notarization is now allowed.
What are the guidelines to be followed under the Rules on Remote Notarization?
A.M. No. 20-07-04-SC says:
The following general guidelines are to be followed:
- The principal shall cause the delivery of the document requiring notarization to the notary public by personal or courier service. The document must be integrally complete, bear the signature of the principal and witnesses, and be placed in an envelope sealed with the initials of the principal.
- Together with the document, the principal and the witnesses, not personally known to the notary public, shall provide two copies of any competent evidence of identity.
- The principal shall also submit to the notary public a video clip showing that he or she actually signed the document delivered. The submission may be made together with the documents by storing the same in a compact disc (CD) or universal serial bus (USB) or by sending the video clip by electronic mail or any other means of digital communication.
- Upon receipt of the document, the notary public shall schedule a videoconference with the principal and the latter’s witnesses. During the videoconference, the notary public shall require the principal to confirm his or her identity, including his or her location, and require the principal to affix his or her signature on a blank piece of paper within full view of the notary public, for signature comparison, among others.
From the above guidelines, personal appearance before the notary public can now be done through videoconferencing facilities, for both the principal and his or her witnesses. Videoconferencing facilities include Webex, Zoom, Google Meet, Microsoft Teams, Facebook Messenger application, and other similar web conferencing platforms.
It is important to note that the rules also require that the notary public, as well as the principal and his or her witnesses should be within the territorial jurisdiction of the notary public’s commission during the videoconference. And, for notaries public, they are required to take photographs and screenshots of the videoconference to serve as proof that the principal and his or her witnesses appeared before the notary public.
In the same manner, if the principal or witnesses refuses to appear before the notary public through the videoconferencing, the notary public should not accept the notarial act requested.
To which localities should the Rules on Remote Notarization apply?
A.M. No. 20-07-04-SC says:
Until the Supreme Court directs otherwise, the Rules on Remote Notarization shall apply to permit the performance of notarial acts through the use of videoconferencing facilities in cases where the notary public or at least one of the principals resides, holds office, or is otherwise situated in a locality that is under community quarantine due to Covid-19 pandemic.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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