Electronic Notarization (eNotarization) in the Philippines

The 2025 Rules on Electronic Notarization, under A.M. No. 24-10-14-SC, modernize Philippine notarial practice by establishing a regulated framework for electronic notarial acts while preserving the safeguards of traditional notarization. Approved by the Supreme Court on February 4, 2025, the Rules supplement, rather than replace, the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC).

What is Electronic Notarization?

Electronic notarization (eNotarization) is the performance of notarial acts on electronic documents, such as PDF or PDF/A files, by a commissioned Electronic Notary Public (ENP) through an Electronic Notarization Facility (ENF), with signatories appearing in person, remotely, or through a combination of both, subject to the 2025 Rules on Electronic Notarization.    

What is the Difference Between Traditional and Electronic Notarization? 

While both processes serve to authenticate documents and verify the parties, traditional and electronic notarization differ primarily in their procedures and means of execution.

How Does Electronic Notarization Work in the Philippines?

The electronic notarization follows a series of steps to ensure the proper execution, verification, and notarization of an electronic document.

1. Document Preparation

The principal prepares the document in an electronic format. Under Rule I, Section 4(d) of the 2025 Rules on Electronic Notarization, two document formats are particularly identified—Portable Document Format (PDF) and Portable Document Format Archival (PDF/A).  

2. ENF Account Creation and Login

Both the principal and witnesses create accounts or log in to an accredited Electronic Notarization Facility (ENF). Similarly, the Electronic Notary Public (ENP) logs in to his or her own ENF account for the electronic notarization session. 

3. Appearance Requirements 

The principal and witnesses appear before the Electronic Notary Public (ENP), either in person, online, or through a combination of both. For example, some participants appear physically before the ENP, while others join through videoconference. The ENP then verifies the identity of each participant and confirms that the principal and witnesses are signing the electronic document voluntarily.

4. Actual eNotarization

The Electronic Notary Public (ENP) conducts the actual notarization of the electronic document using the Electronic Notarization Facility (ENF). The e-notarized document is then automatically transmitted to the Supreme Court Central Notarial Database. 

What Are the Rules in Signing Electronic Documents?

Under Rule I, Section 4(m) of the Rules, electronic signatures are electronic representations of individuals’ wet signatures, which may be:

“i. any distinctive mark and/or characteristic in electronic form representing the identity of a person or exclusively belonging to the said person to whom it correlates and attached to or logically associated with the electronic document;

ii. any methodology or procedure employed or adopted by a person with the intention of authenticating the electronic document;

iii. “Digital Signature” or an electronic signature consisting of a transformation of an electronic document using an asymmetric or public cryptosystem such that a person having the initial untransformed electronic document and the signer’s public key can accurately determine (a) whether the transformation was created using the private key that corresponds to the signer’s public key; and (b) whether the initial electronic document had been altered after the transformation was made; or

iv. Secure Electronic Signature or an electronic signature that is created and can be verified through the application of a security procedure or a combination of security procedures that ensures such electronic signature (a) is unique to the signer; (b) can be used to identify objectively the signer of the data message; (c) was created and affixed to the data message by the signer or using a means under the sole control of the signer; and (d) was created and is linked to the data message to which it relates in a manner such that any change in the data message would be revealed.”

Specific rules for signing documents for certain electronic acts are set forth under Rule IV, Sections 1-4 of the Rules. For instance, for acknowledgements by electronic means, there are separate rules for signing and pre-signed documents. To wit:

“SECTION 1. Acknowledgment by Electronic Means.- 

a. In case of an electronic document that requires the electronic signatures of the principals and witnesses, if any, the ENP shall

i. 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;

ii. require the principal and the witnesses, if any, to confirm that their electronic signatures have been voluntarily affixed for the purposes stated therein; and

iii. require the principal to declare that they electronically signed the instrument or document as their free and voluntary act and deed.

b. In case of a pre-signed electronic document, the ENP shall

i. 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;

ii. require the principal to declare that they signed the electronic document as their free and voluntary act and deed; and

iii. 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.”

Does eNotarization Apply to Principals Abroad?

Yes, under Rule IV, Section 5, an Electronic Notary Public (ENP) may perform electronic notarial acts for a principal abroad, provided the principal is physically within a Philippine embassy, consular office, or Honorary Consul’s office and his or her presence is verified.

“SECTION 5. Limited Extraterritorial Performance of Electronic Notarial Acts. – 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.

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.”

Does eNotarization Apply to All Documents?

Under Rule 1, Section 5, notarial acts performed in accordance with the 2025 Rules on Electronic Notarization have the same validity, force, and effect as notarial acts under the 2004 Rules on Notarial Practice. However, the Rules do not cover notarial wills, depositions, or paper documents bearing wet signatures or marks. 

What Are the Security Measures Put in Place for eNotarization?

To protect the security and integrity of electronic notarization, Electronic Notaries Public (ENPs) may only use Electronic Notarization Facilities (ENFs) accredited by the Supreme Court.

Accredited ENFs must incorporate safeguards such as e-KYC and multi-factor identity verification, liveness detection and anti-spoofing technology, geolocation controls, and tamper-evident measures including end-to-end encryption.

Our commissioned notary public lawyers at Duran & Duran-Schulze Law provide professional notarization services for affidavits, contracts, deeds, special powers of attorney (SPAs), sworn statements, and other legal documents.   For document notarization inquiries, call us at (02) 8478-5826 (landline) or +639171940482 (mobile), or email info@duranschulze.com.