Rules on Electronic Notarization

Electronic notarization of electronic documents through In-Person Electronic Notarization and Remote Electronic Notarization is approved and shall have the same validity, force, and effect as notarization under the 2004 Rules on Notarial Practice, provided the notarial act is performed in accordance with the Rules; the Rules supplement rather than replace the 2004 Notarial Rules and do not apply to notarial wills, deposition taking, and paper documents or instruments with wet signatures or marks.

The 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC, required individuals to appear in person before a notary public. In 2020, strict community quarantine measures due to the COVID-19 pandemic limited mobility and created challenges in carrying out notarial acts, prompting the Court to issue the 2020 Interim Rules on Remote Notarization of Paper Documents as a stopgap measure. Growing digitalization and the shortcomings of traditional paper notarization led the Supreme Court to create a technical working group to formulate rules on electronic notarial practice. The Rules were designed to supplement, not replace, the 2004 Notarial Rules.

In 2020, the government implemented strict community quarantine measures in various localities in the Philippines on account of the COVID-19 pandemic, drastically limiting mobility and creating challenges in carrying out notarial acts under the 2004 Rules on Notarial Practice, which required individuals to appear in person before a notary public. In response to urgent requests from the legal community, the Court formulated and issued the 2020 Interim Rules on Remote Notarization of Paper Documents as a stopgap measure, balancing security measures under the 2004 Notarial Rules with the need to accomplish notarization remotely while localities remained under community quarantine. Mindful of the growing trend toward digitalization and the shortcomings of traditional paper notarization, the Supreme Court created a technical working group to formulate rules on electronic notarial practice, determine minimum functional specifications for the necessary technology, and identify the most cost-efficient information technology infrastructure. The technical working group was chaired by Associate Justice Alfredo Benjamin S. Caguioa, with Associate Justice Ramon Paul L. Hernando as vice-chairperson, and included the court administrator and representatives from the Office of the Chief Justice, Court of Appeals, Court Management Office, Office of the Bar Confidant, Office of the Chief Attorney, Management Information Systems Office, and executive judges.

In January 2021, the technical working group began drafting the rules on electronic notarization based on a draft 2004 Proposed Rules on Electronic Notarial Practice prepared by the Court’s Subcommittee on E-Commerce under then Chief Justice Reynato S. Puno, as well as a proposal from the U.P. Women’s Lawyer Circle. Equipped with feedback from trial courts nationwide on the implementation of the RON Rules, the technical working group finished the initial version of the Rules on November 8, 2021. The technical working group deliberately proposed rules that would supplement, rather than replace, the 2004 Notarial Rules in order to address the pressing need for changes in notarization while guaranteeing the unimpeded flow of legal affairs. After internal discussions, a second version was drafted on March 16, 2022. Guided by innovation under the Supreme Court’s Strategic Plan for Judicial Innovations 2022-2027, the technical working group identified the territorial jurisdiction of notaries public as a key area for change, examined the history of laws and rules on jurisdiction, and explored expanding the jurisdiction of electronic notaries public to cater to individuals in remote areas and abroad, resulting in a third version on March 10, 2023.

The technical working group surveyed and studied best practices on electronic notarization in the United States of America, Australia, Indonesia, Japan, and South Korea. Having determined that the United States had the most compatible and comprehensive electronic notarial framework, members of the technical working group and its secretariat met with an American law firm on May 23, 2023 and with an office of the Secretary of State on May 30, 2023. Learning that one challenge in implementing electronic notarization involved recognition of electronic documents in transactions involving conveyances of real property, Associate Justice Caguioa and members of the secretariat met with representatives from the Land Registration Authority to inquire whether registries of deeds would honor electronically notarized documents and to discuss needed technologies. To balance public interest with innovation and free competition among solutions providers, the technical working group decided to employ a system of accreditation of service providers instead of procuring and developing a singular electronic notarization facility. Consultative meetings were held on April 12, April 26, May 10, and May 11, 2023 with several solutions providers.

After incorporating information from foreign jurisdictions, solutions providers, and other stakeholders, the technical working group introduced changes resulting in the fourth draft of the Rules and the initial draft of the Guidelines on the Accreditation of Electronic Notarization Facility Providers on October 13, 2023. The solutions providers were furnished the fourth draft and their comments were solicited, especially on feasibility and ease of providing facilities to the public. After incorporating their comments, the technical working group held meetings on February 14 and 28, 2024 to resolve pending issues and refine the Rules and Guidelines. Another round of consultative meetings was conducted on March 22, March 26, May 23, and June 4, 2024. The technical working group requested a meeting with the Department of Foreign Affairs on November 22, 2024 to understand challenges in implementation and relayed possible logistical limitations and concerns to the Court En Banc. Fully aware of possible challenges in other countries, the Court En Banc nevertheless determined that it was best to retain the provisions allowing the expanded jurisdiction of electronic notaries public to remove a hindrance to worldwide implementation and to affirm the Court’s commitment to recognize as valid all instruments electronically notarized in accordance with the Rules. After incorporating additional insights from the Members of the Court En Banc, the technical working group crafted the final drafts. Acting on the recommendation of Associate Justice Caguioa, the Court, sitting en banc, resolved to approve the Rules on Electronic Notarization and the Guidelines on the Accreditation of Electronic Notarization Facility Providers, copies of which were attached and made an integral part of the resolution.

• Approval of the Rules and Guidelines: Whether the Court En Banc should approve the proposed Rules on Electronic Notarization and the Guidelines on the Accreditation of Electronic Notarization Facility Providers.
• Supplemental Relationship to the 2004 Notarial Rules: Whether the Rules should supplement or replace the 2004 Rules on Notarial Practice.
• Scope of Electronic Notarization: Whether the Rules should govern electronic notarization of electronic documents through In-Person Electronic Notarization and Remote Electronic Notarization while excluding paper documents, notarial wills, deposition taking, and instruments with wet signatures or marks.
• Jurisdiction of Electronic Notaries Public: Whether electronic notaries public may perform electronic notarial acts for principals anywhere in the Philippines and, under limited conditions, for principals abroad.
• Accreditation of Electronic Notarization Facility Providers: Whether Electronic Notarization Facility Providers must be accredited by the Supreme Court through the Electronic Notary Administrator before their facilities may be used for electronic notarization.

• Approval of the Rules and Guidelines: Approved. The Court, sitting en banc, resolved to approve the Rules on Electronic Notarization and the Guidelines on the Accreditation of Electronic Notarization Facility Providers, copies of which are attached and made an integral part of the resolution.
• Supplemental Relationship to the 2004 Notarial Rules: Supplement. The Rules supplement, rather than replace, the 2004 Notarial Rules; in the absence of an applicable provision, the pertinent provisions of the 2004 Notarial Rules may be applied by analogy or in a suppletory manner.
• Scope of Electronic Notarization: Electronic documents only. The Rules govern electronic notarization of electronic documents through In-Person Electronic Notarization and Remote Electronic Notarization; paper documents and instruments with handwritten signatures or marks remain under the 2004 Notarial Rules, and the Rules do not apply to notarial wills, deposition taking, and paper documents or instruments with wet signatures or marks.
• Jurisdiction of Electronic Notaries Public: Expanded but limited. Electronic notaries public may perform electronic notarial acts for principals located anywhere in the Philippines; for principals outside the Philippines, the electronic notary public must be in the Philippines and the principal must be within the premises of a Philippine embassy, Philippine consular office, or office of a Philippine Honorary Consul abroad, with the conditions under Section 5, Rule IV met.
• Accreditation of Electronic Notarization Facility Providers: Required. Electronic notaries public may only use Supreme Court-accredited Electronic Notarization Facilities; the Guidelines prescribe qualifications, application fees, performance bond, validity, renewal, penalties, and revocation.

• Approval of the Rules and Guidelines: The resolution recites that the COVID-19 pandemic and community quarantine measures limited mobility and made in-person notarization under the 2004 Notarial Rules difficult, leading to the 2020 Interim Rules on Remote Notarization of Paper Documents as a stopgap. Mindful of digitalization and the shortcomings of traditional paper notarization, the Supreme Court created a technical working group that conducted extensive drafting, comparative study, consultations with solutions providers and foreign counterparts, and coordination with the Land Registration Authority and the Department of Foreign Affairs. After incorporating comments from solutions providers and the Members of the Court En Banc, the technical working group crafted the final drafts. Acting on the recommendation of Associate Justice Alfredo Benjamin S. Caguioa, the Court, sitting en banc, resolved to approve the Rules and the Guidelines, attached and made integral to the resolution.
• Supplemental Relationship to the 2004 Notarial Rules: Section 2, Rule I provides that the Rules are adopted to facilitate technology-based notarial services with a view to supplementing the traditional mode of notarization under the 2004 Rules on Notarial Practice. The Rules govern electronic notarization of electronic documents through In-Person Electronic Notarization and Remote Electronic Notarization, while notarization of paper documents and instruments with handwritten signatures or marks continues to be governed by the 2004 Notarial Rules. Section 3, Rule I provides that in the absence of an applicable provision in the Rules, the pertinent provisions of the 2004 Notarial Rules may be applied by analogy or in a suppletory manner. The recitals state that the technical working group deliberately proposed rules that would supplement, rather than replace, the 2004 Notarial Rules to address the need for changes while guaranteeing the unimpeded flow of legal affairs.
• Scope of Electronic Notarization: Section 2, Rule I limits the Rules to the electronic notarization of electronic documents through In-Person Electronic Notarization and Remote Electronic Notarization. It expressly states that notarization of paper documents and instruments with handwritten signatures or marks shall continue to be governed by the 2004 Rules on Notarial Practice. Section 5, Rule I provides that any notarial act performed in accordance with the Rules shall have the same validity, force, and effect as any other notarial act performed under the 2004 Notarial Rules, but the Rules shall not apply to the execution of notarial wills, deposition taking, and paper documents and instruments with wet signatures or marks.
• Jurisdiction of Electronic Notaries Public: Section 9, Rule VI provides that once commissioned, an electronic notary public shall be authorized to perform electronic notarial acts for principals located anywhere in the Philippines. The electronic notary public may also perform electronic notarial acts for principals located outside the Philippines provided the electronic notary public is in the Philippines and the conditions under Section 5, Rule IV are met. Section 5, Rule IV allows limited extraterritorial performance only when the principal is within the premises of any Philippine embassy, Philippine consular office, or office of a Philippine Honorary Consul abroad; the electronic notary public must confirm the principal’s location by requiring the principal to pan the video and show that they are within such premises, and a designated officer from the embassy or consulate must confirm the principal’s presence before the electronic notarial act proceeds. The recitals state that the Court En Banc retained the expanded jurisdiction to remove a hindrance to implementation worldwide and to affirm the Court’s commitment to recognize as valid all instruments electronically notarized in accordance with the Rules.
• Accreditation of Electronic Notarization Facility Providers: Section 1, Rule VII provides that to ensure the integrity of technologies used in electronic notarial acts and for the protection of the public, an electronic notary public may only use Supreme Court-accredited Electronic Notarization Facilities. The Guidelines implement this requirement by prescribing qualifications for providers, including registration with the appropriate government agency, accessibility of information and instructional videos, execution of a Data Outsourcing Agreement with the Supreme Court, and compliance with the general features enumerated in Section 2, Rule VII of the Rules. The Guidelines also provide for an application fee of PHP 5,000.00, a performance bond of PHP 100,000.00, a three-year validity period, renewal requirements, penalties for violations, and grounds for revocation of accreditation.

• Electronic Notarization as Supplement to the 2004 Notarial Rules — The Rules supplement, rather than replace, the 2004 Rules on Notarial Practice. Paper documents and instruments with handwritten signatures or marks remain governed by the 2004 Notarial Rules. In the absence of an applicable provision, the pertinent provisions of the 2004 Notarial Rules may be applied by analogy or in a suppletory manner. The Court adopted this approach to facilitate technology-based notarial services while preserving the traditional regime.
• Legal Effect and Enforceability of Electronic Notarial Acts — Any notarial act performed in accordance with the Rules has the same validity, force, and effect as any other notarial act performed under the 2004 Notarial Rules. The Rules do not apply to the execution of notarial wills, deposition taking, and paper documents and instruments with wet signatures or marks.
• In-Person Electronic Notarization (IEN) — IEN requires the physical appearance of the principal and witnesses, if any, before the electronic notary public. Physical appearance means the principal, witnesses, and electronic notary public are in close proximity to see, hear, and communicate without reliance on electronic devices. The electronic notary public must verify identity through the identity verification mechanism of the Electronic Notarization Facility, confirm voluntariness by examining demeanor, read, interpret, and explain the general nature of the electronic document, and confirm that the document is the same one acknowledged, sworn to, affirmed by, or signed by the principal and witnesses.
• Remote Electronic Notarization (REN) — REN requires virtual appearance, and virtual appearance through videoconferencing is the equivalent of in-person or physical appearance. The videoconference must allow synchronous interaction; pre-recorded videos of the principal and witnesses signing are strictly prohibited; and the principal and witnesses must stay within the view of the videoconference camera throughout the notarization process. The electronic notary public must ensure a professional, private, and confidential venue. Preliminaries include scheduling, identity verification through the Electronic Notarization Facility, geolocation to ascertain that parties are in the Philippines except for limited extraterritorial notarization, confirmation of voluntariness by demeanor and immediate surroundings, reading, interpreting, and explaining the document, and confirming that the document is the same one signed or acknowledged.
• Limited Extraterritorial Performance — An electronic notary public may perform electronic notarial acts for a principal located outside the Philippines only if, at the time of the act, the principal is within the premises of any Philippine embassy, Philippine consular office, or office of a Philippine Honorary Consul abroad. The electronic notary public must confirm the location by requiring the principal to pan the video and show that they are within such premises, and a designated officer from the embassy or consulate must confirm the principal’s presence before the act proceeds.
• Accreditation of Electronic Notarization Facilities (ENFs) — Electronic notaries public may use only Supreme Court-accredited Electronic Notarization Facilities. To qualify for accreditation, an ENF must possess enumerated general features, including the ability to perform both IEN and REN; e-KYC mechanisms consistent with Bangko Sentral ng Pilipinas issuances; multi-factor authentication; liveness detection and anti-spoofing technology; creation and affixing of electronic signatures and the Electronic Notarial Seal; secure uploading, downloading, viewing, and transmission of electronic documents; simultaneous viewing and real-time signing; videoconferencing with minimum resolution of 1280 x 720 pixels (HD) and minimum internet speed of 2 mbps per user; geolocation functionality and capability to identify and disable VPNs; prevention of unauthorized extraterritorial acts; recording and downloading of audiovisual recordings; data privacy prompts; creation and maintenance of an Electronic Notarial Book; storage and retention facilities; integration with the Supreme Court Central Notarial Database; PDF/A conversion; digital payments and electronic receipts; tamper-evident security measures; authentication mechanisms; access restrictions; real-time backups; compliance with Republic Act No. 10173 and registration with the National Privacy Commission; instructional materials; 99.9% uptime except maintenance; and access by the Electronic Notary Administrator or authorized Supreme Court officer.
• Electronic Notary Administrator (ENA) — The Supreme Court designates a qualified officer known as the Electronic Notary Administrator, under the direct supervision of the Supreme Court, responsible for commissioning and supervising electronic notaries public. The Electronic Notary Administrator has authority to conduct a summary hearing to determine the applicant’s substantial familiarity with the Rules and issue an electronic notarial commission to qualified applicants, maintain a directory of electronic notaries public, receive reports, initiate administrative proceedings, and recommend sanctions.
• Commissioning and Jurisdiction of Electronic Notaries Public — To be eligible for commissioning, an applicant must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant and the Integrated Bar of the Philippines; compliant with Mandatory Continuing Legal Education and Unified Legal Aid Service requirements; a resident of the Philippines for at least one year with a regular place of work or business anywhere in the Philippines; and not convicted by final judgment of any crime involving moral turpitude. The electronic notarial commission is valid for two years, renewable. An electronic notary public may perform electronic notarial acts for principals located anywhere in the Philippines and, under limited conditions, for principals abroad.
• Electronic Notarial Book and Central Database — An electronic notary public must keep, maintain, protect, and provide for lawful inspection an Electronic Notarial Book integrated into the Electronic Notarization Facility. The book must contain entries on the electronic notarial act, date and time, title or description of the document, names and addresses of principals and witnesses, competent evidence of identity, fees, a statement on the parties’ location, the mode of notarization, and other significant circumstances. During the Transitional Period, the electronic notary public must forward a certified electronic copy of the book with the month’s entries and copies of corresponding notarized documents to the Electronic Notary Administrator within the first 10 days of the following month. Upon completion of the electronic notarial act, a copy of the notarized electronic document in PDF/A format must be automatically uploaded to the Supreme Court Central Notarial Database.
• Data Privacy and Confidentiality — The electronic notary public and the Electronic Notarization Facility must comply with Republic Act No. 10173, the Data Privacy Act of 2012, and ensure appropriate security measures. The electronic notary public must keep confidential the terms and contents of documents electronically notarized, and disclosure is not permitted except as compelled by competent courts or to individuals requesting a certified true copy in accordance with the Rules. Requesting parties inspecting or copying entries remain bound by confidentiality rules under prevailing laws, including the Data Privacy Act and the Intellectual Property Code.
• Punishable Acts — The Electronic Notary Administrator shall cause the prosecution or filing of administrative action against any person who knowingly acts or impersonates an electronic notary public; knowingly falsifies, obtains, conceals, defaces, or destroys the Electronic Notarial Seal, Electronic Notarial Book, or official records; knowingly tampers with, alters, or circumvents effective technological measures; knowingly solicits, coerces, influences, or misleads an electronic notary public to commit official misconduct; uses programs and extensions such as VPNs to change the actual location of a party at the time of notarization; or provides an Electronic Notarization Facility without a valid and subsisting Certificate of Accreditation.
• Repeal and Effectivity — The 2020 Interim Rules on Remote Notarization of Paper Documents, A.M. No. 20-07-04-SC, are repealed. The Rules and the Guidelines take effect within 15 days following complete publication in the Official Gazette or in two newspapers of general circulation in the Philippines and shall be uploaded to the website of the Supreme Court.

• "Any notarial act performed in accordance with the Rules shall have the same validity, force, and effect and may be relied upon to the same extent as any other notarial act performed under the 2004 Notarial Rules, provided, however, that the Rules shall not apply to the execution of notarial wills, deposition taking, and paper documents and instruments with wet signatures or marks." — This passage states the legal effect and enforceability of electronic notarial acts and identifies the matters excluded from the Rules.
• "The Rules 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 notarization of electronic documents through In-Person Electronic Notarization and Remote Electronic Notarization." — This passage defines the scope and purpose of the Rules and establishes that they supplement, rather than replace, the 2004 Notarial Rules.
• "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 as provided under Rule IV of the Rules." — This passage supplies the doctrinal basis for Remote Electronic Notarization by equating virtual appearance with physical appearance.
• "The ENP shall be allowed to perform any of the electronic notarial acts in the preceding Rule 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." — This passage defines the limited extraterritorial performance of electronic notarial acts.

• A.M. No. 02-8-13-SC, 2004 Rules on Notarial Practice — The Rules supplement this issuance; paper documents and instruments with handwritten signatures or marks continue to be governed by it; in the absence of an applicable provision, its pertinent provisions may be applied by analogy or in a suppletory manner.
• A.M. No. 20-07-04-SC, 2020 Interim Rules on Remote Notarization of Paper Documents — Repealed by Section 6, Rule XII of the Rules on Electronic Notarization.
• Republic Act No. 11055, Philippine Identification System Act of 2018 — The Philippine Identification card issued under this law is included as competent evidence of identity under Section 4(b)(ii), Rule I.
• A.M. No. 23-07-06-SC — The Integrated Bar of the Philippines ID or the single identification card issued pursuant to this issuance is included as competent evidence of identity under Section 4(b)(iii), Rule I.
• A.M. No. 01-7-01-SC, Rules on Electronic Evidence — The definition of electronic document may be used interchangeably with electronic data message; the definition of digital signature is lifted from Rule 2, sec. 1(e).
• DTI-DOST Joint Department Administrative Order No. 02, s. 2001 — The definition of secure electronic signature is lifted from sec. 3(p).
• Republic Act No. 10173, Data Privacy Act of 2012 — The Electronic Notary Administrator and authorized officers process personal data in accordance with this law; the electronic notary public and the Electronic Notarization Facility must comply with it; breach notification and penalties are governed by it; confidentiality and disclosure provisions reference it.
• Republic Act No. 8293, Intellectual Property Code of the Philippines — Requesting parties inspecting or copying entries in the Electronic Notarial Book remain bound by confidentiality rules under this law.
• A.M. No. 20-12-01-SC, Proposed Guidelines on the Conduct of Videoconferencing — The summary hearing for an electronic notarial commission is conducted through videoconferencing following these guidelines.
• Rule 139, Rules of Court — Referenced in Section 10, Rule VI regarding resignation of an electronic notary public.
• Bangko Sentral ng Pilipinas issuances — Electronic Know-Your-Customer and multi-factor authentication mechanisms must be consistent with pertinent Bangko Sentral ng Pilipinas issuances.
• ISO standards — Electronic Notarization Facilities must convert or produce electronically notarized documents in PDF/A or a format compliant with ISO standards and appropriate for long-time archiving.

Chief Justice Alexander G. Gesmundo; Senior Associate Justice Marvic M.V.F. Leonen; Associate Justices Alfredo Benjamin S. Caguioa, Ramon Paul L. Hernando, Amy C. Lazaro-Javier, Henri Jean Paul B. Inting, Rodil V. Zalameda, Mario V. Lopez, Samuel H. Gaerlan, Ricardo R. Rosario, Jhosep Y. Lopez, Japar B. Dimaampao, Jose Midas P. Marquez, Antonio T. Kho, Jr. (On leave but left a vote), and Maria Filomena D. Singh.