In last week’s column, we delved into the intricate process of notarization in the Philippines. Crucial is the part of verifying the authenticity and integrity of documents, but it thus presents inherent limitations in this time and age where we have become increasingly reliant on digital communication.
Electronic notarization in the Philippines was formally introduced and regulated under the Rules on Electronic Notarization (A.M. No. 24-10-14-SC) by the Supreme Court (SC) last Feb. 4, 2025.
This initiative is a crucial part of the Strategic Plan for Judicial Innovations 2022-2027, which aligns with the SC’s commitment to innovation and expanded access to justice by allowing notarization for electronic documents, according to the SC’s website.
Electronic notarization, or e-notarization, is the process of performing notarial acts on electronic documents, but this time, digital signatures and seals are allowed with the same legal validity as traditional paper-based notarizations. As empowered by the E-Commerce Act of 2000, e-notarization recognizes the legality of electronic documents and signatures.
To define terms, an electronic document is a written instrument that represents information or representation of the information that is “received, recorded, transmitted, stored, processed, retrieved, or produced electronically.” Scanned copies of paper documents are included in this definition. For purposes of the Rules, electronic document shall refer to documents in Portable Document Format or Portable Document Format Archival. Paper documents with handwritten or wet signatures, notarial wills and depositions will continue to follow the traditional 2004 Notarial Rules.
The Rules introduce Electronic Notaries Public (ENP) who are granted the authority to perform notarial acts for individuals located anywhere in the Philippines. For those abroad, it is 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 the Philippine honorary consuls abroad.
The forms of electronic notarization provided are a) In-Person Electronic Notarization (IEN), b) Remote Electronic Notarization (REN), or a hybrid approach that combines both. In IEN, both principals and witnesses must be physically present while utilizing an accredited electronic notarization facility. Whereas in REN, they connect virtually to the ENP via videoconferencing.
For both IEN and REN, the ENP has the obligation to verify the identity of the principal and the witnesses through the identity verification mechanisms of the accredited Electronic Notarization Facilities (ENFs). Under the Rules, the following notarial acts namely, acknowledgment, affirmation or oath, jurat and signature witnessing, may have the signature be affixed using the ENF in full view of the electronic notary public. After the execution of the electronic notarial act, an e-notarial certificate by the electronic notary public shall follow. The Rules require the uploading of a copy of the notarized electronic document to the SC Central Notarial Database, which is protected under the Data Privacy Act.
Security is primordial in the whole electronic notarization process as the Rules have enforced Multi-Factor Authentication such as facial recognition, biometrics and one-time passwords, in compliance with regulations set by the Bangko Sentral ng Pilipinas. Likewise, the electronic notarial book is safeguarded against tampering.
Truly, in the past, requiring personal appearance before a notary public can be time-consuming, costly and inconvenient, particularly for individuals in remote areas. E-notarization now offers a compelling solution to these challenges, but notaries public and parties involved must ensure that legal requirements are complied with, including the use platforms that guarantee the confidentiality and tamper-proof nature of notarized documents and the electronic trail of the notarial act.
Looking towards the future, the gradual adoption of notarization — from the traditional seal to screen — holds immense promise in the country’s legal system.