PSA: You may soon be able to have your documents notarized digitally anywhere in the Philippines
The electronic notarization of documents is coming soon, according to the Supreme Court.
"From paper to digital, technology is transforming the way notarization works. eNotarization will soon offer convenience without compromising legality," the SC said in a Facebook post on Aug. 13.
Details about the new practice will follow.
The SC approved the rules on eNotarization, outlined under A.M. No. 24-10-14-SC, on Feb. 4 and uploaded them to its website on March 9.
In its Facebook post, the high court noted that eNotarized documents are "similarly valid and enforceable as traditionally notarized documents," save for notarial wills and depositions.
Electronic documents may be in PDF or PDF/A formats.
The process can be done in-person, remotely, or a combination of both.
According to the SC rules, in-person eNotarization requires the principal and witnesses to be physically present in the same location while using an accredited eNotarization facility.
Remote eNotarization, meanwhile, mandates the virtual appearance of the principal and witnesses through a videoconference platform before an accredited eNotarization facility. The session, done on-camera, may be recorded, but pre-recorded videos aren't allowed.
The SC said electronic notaries public are authorized to perform eNotarization for principals anywhere in the Philippines and overseas.
An electronic notary administrator will also be appointed to accredit an electronic notarial facility provider and grant a commission to an electronic notary public.
To get accredited, an eNotarization facility must have general features, including: electronic know-your-customer mechanisms in accordance with the Bangko Sentral ng Pilipinas issuances; multi-factor authentication mechanisms (facial recognition, biometrics, one-time password); liveness detection and anti-spoofing technology; capability to create and affix e-signatures; and geolocation functionality and capability to identify and disable virtual private networks.
The eNotarized documents will be stored in an electronic notarial book and will be automatically uploaded to the SC's central notarial database.
They will also be stored in the directories of the accredited eNotarization facilities, under the protection of the Data Privacy Act of 2012.
Notarization of paper documents and instruments with handwritten signature or marks shall continue to be governed by the 2004 Rules on Notarial Practice, the SC said.
The SC first considered eNotarization in 2020, during the height of the COVID-19 pandemic. It introduced the Interim Rules on Remote Notarization of Paper Documents as a temporary measure to address legal challenges during lockdowns.
It eventually created a technical working group to finalize eNotarization rules, seeing the long-term need for a permanent solution to such legal challenges.