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This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
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:
Measures and new policies were implemented by the government to address the inevitable effects of the Covid-19 Pandemic. Among these measures is A.M. No. 20-07-04–SC, or the 2020 Interim Rules on Remote Notarization of Paper Documents, issued by the Supreme Court.
However, as the pandemic subsided and restrictions were gradually lifted, the judiciary recognized that the shift toward digitalization and remote processes in both public and private transactions was no longer merely a temporary response, but an emerging norm. This initiative culminated in the approval of the Rules on Electronic Notarization on February 4, 2025 which took effect on March 9, 2025.
Measures and new policies were implemented by the government to address the inevitable effects of the Covid-19 Pandemic.
Among these measures is A.M. No. 20-07-04–SC, or the 2020 Interim Rules on Remote Notarization of Paper Documents (“Rules on Remote Notarization”), issued by the Supreme Court.
Prior to the issuance of the Rules on Remote Notarization, the general rule required the personal appearance of the principal whose act was the subject of notarization. The principal had to physically appear before the Notary Public and swear to the contents of the document.
However, with the onset of the COVID-19 pandemic, circumstances changed dramatically. Communities were placed under varying levels of quarantine, restricting movement. Certain age groups were even prohibited from leaving their homes.
To address the notarial needs of individuals who were either unable or unwilling to leave their homes due to health risks, the Supreme Court allowed remote notarization, commonly referred to as virtual notarization.
Guidelines under the Rules on Remote Notarization
Under A.M. No. 20-07-04-SC, the following general guidelines must be observed:
- 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 (2) copies of any competent evidence of identity, by personal or courier service. In addition, two (2) copies of the competent evidence of identity of the Corporate Secretary certifying the principal’s authority, or two (2) duplicate originals or certified true copies of the Board Resolution granting the principal’s authority, if applicable, shall likewise be submitted.
- 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 (e-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 these guidelines, it is clear that personal appearance before the notary public may now be accomplished through videoconferencing facilities, for both the principal and his or her witnesses. Under Section 6(i) of the Rules on Remote Notarization, videoconferencing facilities include Webex, Zoom, Google Meet, Microsoft Teams, Facebook Messenger application, and other similar web conferencing platforms.
Territorial Jurisdiction Requirement
In accordance with Sections 1 and 2, Rule VIII of the Rules on Remote Notarization, it is important to emphasize that the Notary Public, as well as the principal and the witnesses, must all be physically situated within the territorial jurisdiction of the Notary Public’s commission at the time of the videoconference. Additionally, the Notary Public is required to take photographs and screenshots of the videoconference as proof of the parties’ appearance.
Additional Grounds for Refusal to Notarize
Section 6 of the Rules on Remote Notarization provides for additional grounds for refusal to notarize. The Notary Public is mandated to exercise reasonable effort in assessing the demeanor of the principal and the witnesses, if any, in the performance of notarial acts conducted under these Rules.
The Notary Public may refuse to perform the requested notarial act if the principal or witnesses exhibit behavior that gives rise to reasonable doubt as to their understanding of the instrument or document, or if such behavior indicates any defect in their consent. This safeguard ensures that notarization remains a solemn act and that the parties voluntarily and knowingly execute the document.
Furthermore, the Notary Public is expressly required to refuse the notarial act if the principal or witnesses refuse to appear before the Notary Public through videoconference, as mandated by the Rules.
Applicability of the Rules
Under Section 3, Rule 1 of the Rules on Remote Notarization, until otherwise directed by the Supreme Court, 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.
Transition to Electronic Notarization
The Rules on Remote Notarization were originally enacted as a response to lockdowns and community quarantine measures brought about by the COVID-19 pandemic. However, as the pandemic subsided and restrictions were gradually lifted, the judiciary recognized that the shift toward digitalization and remote processes in both public and private transactions was no longer merely a temporary response, but an emerging norm.
The experience gained from remote notarization, coupled with the limitations of the traditional notarization framework under the 2004 Notarial Rules, prompted the Supreme Court to re-evaluate and modernize notarial practice. Consequently, the Court created a Technical Working Group to formulate comprehensive rules on electronic notarial practice.
This initiative culminated in the approval of the Rules on Electronic Notarization on February 4, 2025 which took effect on March 9, 2025. These new rules mark a significant step toward institutionalizing digital notarization in the Philippines, reflecting the judiciary’s commitment to accessibility, efficiency, and technological advancement in legal processes. (Whereas clause, Rules on Electronic Notarization, A.M. No. 24-10-14-SC, 2025).
To learn more about the 2025 Rules on Electronic Notarization, you may read our discussion here:
Rules on Electronic Notarization under A.M. No. 24-10-14-SC
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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/ 09175772207/ 09778050020.
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