Going Digital: the New Rules on Electronic Notarization
By: Atty. Andre Jose H. Surigao
In what appears to be a significant step toward modernization, the Supreme Court of the Philippines approved the long-awaited Rules on Electronic Notarization through the issuance of A.M. No. 24-10-14-SC (“Rules on E-Notarization”). The Rules on E-Notarization, which supplements the 2004 Rules on Notarial Practice, took effect on March 9, 2025 or 15 days after its publication.
This is not the first time the Supreme Court has allowed electronic notarization. In 2020, the Supreme Court issued the Interim Rules on Remote Notarization of Paper Documents. While meant as a temporary measure against the legal challenges posed by the Covid-19 pandemic, the Supreme Court recognized its value and the need for a permanent solution. With this in mind, the Supreme Court formed a Technical Working Group, led by Associate Justice Alfredo Benjamin Caguioa, whose work culminated in the Supreme Court’s approval of the Rules on E-Notarization on February 4, 2025.
The Rules on E-Notarization aims to modernize the notarization process in the Philippines by, among others, integrating technology into notarial services. By allowing the notarization of electronic documents either through in-person or remote notarization, notarial services are made more accessible and efficient across the Philippines and, to some extent, abroad.
The Rules on E-Notarization specifically apply only to electronic documents, with paper documents and instruments remaining to be governed by the 2004 Rules on Notarial Practice. As in the Rules on Electronic Evidence (A.M. No. 01-07-01-SC), an “electronic document” is defined in the Rules on E-Notarization as “any information or representation of information, data, figures, symbols, or other forms of written expression, described or represented in any manner, by which a right is established, or an obligation is extinguished, or by which a fact may be proven and affirmed, which is received, recorded, transmitted, stored, processed, retrieved, or produced electronically”. Simply put, scanned copies of paper documents, documents in PDF form, or any information generated, sent, received, or stored electronically, optically, or by similar means, fall within the scope of the Rules on E-Notarization.
Salient Features of the Rules on E-Notarization
In-Person Electronic Notarization and Remote Electronic Notarization
Under the Rules on E-Notarization, there are two methods for notarizing an electronic document:
- In-Person Electronic Notarization; and
- Remote Electronic Notarization.
In-Person Electronic Notarization requires the physical appearance of the document owner and/or their witnesses before an Electronic Notary Public. While physically present, the document owner and/or their witnesses can either affix their digital signature in the electronic document through an Electronic Notarization Facility (ENF) accredited by the Supreme Court or confirm their digital signature if it already appears in the electronic document prior to the notarization process.
Remote Electronic Notarization refers to the notarization of electronic documents virtually, where the document owner and/or their witnesses appear before the Electronic Notary Public via videoconferencing. They will either affix their digital signature in the electronic document using an ENF accredited by the Supreme Court or confirm their digital signature already affixed to the document.
A notable provision concerning Remote Electronic Notarization is its territorial limitation. Under the Rules on E-Notarization, remote notarization can be conducted if all parties involved in the notarization are within the Philippines. However, Section 5, Rule IV of the Rules on E-Notarization allows electronic notarization when the principal is outside the Philippines, provided that the person is within the premises of any Philippine embassy, consular office, or the office of a Philippine Honorary Consul abroad. In such cases, the rules mandate the Electronic Notary Public to confirm that such person is within the premises of the designated offices before proceeding with the electronic notarization.
Commissioning of Electronic Notary Public
Notary publics commissioned under the 2004 Rules on Notarial Practice are not automatically commissioned as Electronic Notary Publics. To qualify for commissioning as an Electronic Notary Public, a lawyer must submit an application to an Electronic Notary Administrator designated by the Supreme Court. The Electronic Notary Administrator will be primarily responsible for, among other duties, commissioning and supervising Electronic Notary Publics. Note that while the Rules on E-Notarization allow the creation of the Office of the Electronic Notary Administrator, to date there are no specific guidelines relating to the qualification and/or criteria for the appointment of an Electronic Notary Administrator.
Consistent with the Supreme Court’s modernization thrust, applications for commissioning as an Electronic Notary Public must be submitted electronically and must include the requirements provided in Section 2, Rule VI of the Rules on E-Notarization. Additionally, the summary hearing for the application will be conducted virtually in accordance with A.M. No. 20-12-01-SC, or the Proposed Guidelines on the Conduct of Videoconferencing. A notice of the summary hearing will be posted on the Supreme Court’s website and other official channels for public reference. Anyone wishing to object to the application may file a verified opposition electronically before the date of the hearing.
If the applicant is found qualified to assume the duties of an Electronic Notary Public, the Electronic Notary Administrator will issue an electronic notarial commission. This commission will authorize the Electronic Notary Public to perform notarial acts for principals located anywhere in the Philippines, and for those located outside of the Philippines but within the premises of any Philippine embassy or consular office, in accordance with Section 5, Rule IV of the Rules on E-Notarization. This contrasts with the jurisdiction of notary publics under the 2004 Rules on Notarial Practice, which limits their authority to the territorial jurisdiction of the court that granted their notarial commission. The expanded jurisdiction practically addresses one key limitation provided in the 2004 Rules on Notarial Practice and allows for a greater and wider reach throughout the Philippines.
Once commissioned, the electronic notarial commission will remain valid for two years, starting from the first day of January in the year the commissioning was made.
Electronic Notarization Facility (ENF)
The electronic notarization requires the use of a specific platform to facilitate the electronic notarization. Under the Rules on E-Notarization, this refers to the ENF. An ENF is any secure digital tool, device, system, application, or technology solution that facilitates the performance of both In-Person and Remote Electronic Notarization. The ENF must have all the features listed in Section 2, Rule VII of the Rules on E-Notarization. Further, to ensure the integrity of the technologies used in the performance of electronic notarial acts, all Electronic Notary Publics may only use Supreme Court-accredited ENF. The accreditation of an ENF shall follow the Guidelines on the Accreditation of ENF Providers attached to the Rules on E-Notarization.
The Philippines is still in the early stages of its adoption of electronic notarization. As such, birthing pains in the form of challenges in its application are expected, and perhaps welcomed, as a means of improving the system. While we continue to face a plethora of inadequacies – from digital literacy to internet accessibility to digital infrastructure – there is no denying that the issuance of the Rules on E-Notarization is a key opportunity to establish a digitally advanced future for the Philippine legal system.
Andre is a Junior Associate and a member of the Labor, Litigation, Taxation, and Corporate Services departments of the firm.
Andre’s practice areas include labor, litigation, intellectual property, government procurement, taxation, and general corporate law. He represents various clients involved in civil, criminal and labor cases. He handles tax-related matters before the Court of Tax Appeals and the Bureau of Internal Revenue. He has experience in intellectual property law and assist clients in their application for registration of trademarks, both in the Philippines and internationally. He also assist clients in public bidding and government procurement projects.
