Under 2004 Rules on Notarial Practice, individuals are required to appear in person before a notary public. However, due to the COVID-19 pandemic, the Philippine government implemented and enforced strict community quarantine measures in 2020. In response to this, the Supreme Court issued A.M. No. 20-07-04-SC, which allows individuals to have their documents notarized in an online setup.
Recently, the Supreme Court approved the “Rules on Electronic Notarization” and the “Guidelines on the Accreditation of Electronic Notarization Facility Providers” under A.M. No. 24-10-14-SC. It requires the use of secure electronic notarization facilities (ENFs) to ensure security of the notarization process. For now, e-notarization will have to wait until ENF Providers are able to develop the required facilities and secure their respective accreditations.
What is Online Notarization?
Online notarization involves identity verification, document delivery, and video conference. It enables documents to be notarized without having physical interactions between the involved parties. In this process, Data Privacy is strictly maintained to protect the owner’s personal information, proper handling of the data, and build trust between the owner and the notary public.
What are the Types of Online Notarization?
There are two (2) types of online notarization under A.M. NO 24-10-14-SC: In-Person Electronic Notarization (IEN) and Remote Electronic Notarization (REN). IEN requires both physical presence of the principal and the witnesses before the Electronic Notary Public (ENP) while REN requires the virtual presence of the principal and the witnesses before the ENP. The execution of REN may be scheduled and confirmed with an ENP by any interested party through phone, email, or other modes of communication.
For both IEN and REN, the ENP verifies the identity of the principal and the witnesses through the identity verification mechanisms of the Electronic Notarization Facility (ENF). the ENP also confirms the voluntariness of the principal and the witnesses, and reads, interprets and explains the general nature of the electronic document.
Can All Documents Can Be Notarized?
Based on the Rules on Online Notarization, only electronic documents can only be notarized. These documents are any information or representation of information received, recorded, transmitted, stored, processed, retrieved, or produced electronically. This also includes scanned copies of paper documents, Portable Document Format (PDF) or Portable Document Format Archival (PDF/A).
Who Can Notarize Documents?
It is a common misconception that all lawyers can notarize a document. To make it clear, lawyers are not automatically a notary public. For them to be a notary public, a lawyer must meet all the qualifications under the 2004 Rules on Notarial Practice and must file a Petition for Notarial Commission with the Executive Judge of the place of the commission.
Additionally, the notary public’s power is not absolute. They can only notarize documents within their territorial jurisdiction, meaning they can’t perform notarial acts in other cities and provinces if they are commissioned in Manila. They can’t also be a notary public of their spouses, common-law partner, ancestor, descendant, or relative by affinity or consanguinity within the 4th Civil Degree of the Person whose act is the subject of notarization.
What are the Qualifications of Notary Public?
In the Philippines, the following are the qualifications to be a notary public:
- Must be a citizen of the Philippines;
- Over twenty-one (21) years old;
- Maintain a regular place of work or business in the territorial jurisdiction of the court where the application for commission is filed;
- Have not been convicted of a crime involving moral turpitude;
- Practice law, passed the bar examination, or completed law studies at university; and
- Successfully completed a notarial practice course, seminar or training.
What are the Qualifications of Electronic Notary Public (ENP)?
Electronic Notary Public (ENP) is a notary person who is authorized to perform electronic notarial acts. In the Philippines, the following are the qualifications to be an ENP:
- Must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines;
- Compliant with the Mandatory Continuing Legal Education and Unified Legal Aid Service requirements;
- Resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the country; and
- Have not been convicted of any crime involving moral turpitude.
How to Process Online Notarization?
To process an online notarization, it involves the following procedures:
Appearance
Your appearance depends on the type of online notary. If it’s in-person, your and your witnesses physical appearance is required while if it’s remote, it will be conducted through video conferencing.
Verification of Identity
The Electronic Notary Public (ENP) will verify your and your witnesses identity through the identity verification mechanisms of the accredited Electronic Notarization Facilities (ENFs).
Confirmation
The ENP will ensure the you and your witnesses voluntariness by reading, interpreting and explaining the nature of the electronic document.
Notarial Acts
The electronic execution follows notarial acts: acknowledgment, affirmation or oath, jurat, and signature witnessing. The signatures may be affixed using the ENF in full view of the ENP. The electronic documents may also be pre-signed, which the signatories should confirm that the signature on the document is theirs.
Issuance of Certificate
Upon the execution of the notarial act, the ENP will complete the e-notarial certificate by affixing their e-signature and attach their e-notarial seal.
Upload of Notarized Document
The copy of the notarized electronic document should be uploaded to the Supreme Court Central Notarial Database.
Electronic Notarial Book
The ENP must keep an electronic notarial book, which should be integrated into the ENF used by the ENP.
Why is Notarization Important?
Notarization is a crucial process that serves several key purposes, primarily centered around ensuring the authenticity and legal validity of documents.
Prevent Fraud and Unauthorized Signature
The main purpose of notarization is to prevent fraudulent activities and unauthorized signatures. Since signatories must appear before a notary and confirm their identity and intent, it becomes much harder for anyone to forge a signature or sign without permission.
Ensure Authenticity
Notarization verifies the authenticity of a document and the signatures within it. This provides assurance to all parties involved that the document is legitimate and has not been tampered with.
Establish Legal Validity
In some circumstances, certain documents won’t be considered valid unless they’re notarized. This is crucial for documents that will be filed with government agencies or used in court proceedings.
Facilitate International Transactions
Notarization can also play a vital role in international transactions. By having a document notarized, signatories can ensure that it will be recognized and accepted in other countries.
Provide Evidence
A notarized document can serve as valuable evidence in legal disputes. The notary’s seal and signature confirm that the document was properly signed and that the people involved were who they claimed to be.
Need further information and assistance regarding Online Notarization? Talk to our team at Duran & Duran-Schulze Law in Bonifacio Global City, Taguig, Philippines to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
