The Supreme Court (SC) has approved the Rules on Electronic Notarization (A.M. No. 24-10-14-SC), establishing a secure and accessible digital framework for notarizing electronic documents.

Supplementing the 2004 Rules on Notarial Practice, the new rules authorize Electronic Notaries Public (ENPs) to perform electronic notarization nationwide and, in certain cases, abroad, through three modes: In-Person Electronic Notarization (IEN), where the principal appears physically before the ENP; Remote Electronic Notarization (REN), conducted via videoconferencing; or a combination of both.

WHAT’S NEW?

The Rules on Electronic Notarization introduce a comprehensive framework for notarizing electronic documents, replacing the temporary 2020 Interim Rules on Remote Notarization, which were issued during the COVID-19 pandemic. 

Unlike the 2020 rules, which applied only to paper documents converted into digital format, the new rules apply exclusively to electronic documents in Portable Document Format (PDF) or Portable Document Format Archival (PDF/A) .

Under the new rules, these notarizations must be conducted through Supreme Court-accredited Electronic Notarization Facilities (ENFs), which ensure secure identity verification, encryption, and tamper-proof storage. 

As part of the ENF’s security protocols, Multi-Factor Authentication (MFA) is implemented, incorporating facial recognition, biometrics, one-time passwords (OTPs), liveness detection, and anti-spoofing technology, in compliance with Bangko Sentral ng Pilipinas (BSP) regulations.

Additionally, the Electronic Notarial Book (ENB), a digital ledger recording all electronic notarial acts, has been introduced to replace the previous reliance on physical records. The ENB ensures automatic population, proper referencing, and indexing by the ENF upon completion of an electronic notarial act.

The E-Notarization Rules also mandate the use of secure electronic signatures and an Electronic Notarial Seal, which includes QR codes or barcodes for authentication.

The Electronic Notary Administrator (ENA) is also established to oversee the commissioning, compliance, and enforcement of ENPs, with stricter penalties for unauthorized notarization, falsification of documents, and tampering with electronic notarial records.

MODES AND AUTHORIZED ACTS OF ELECTRONIC NOTARIZATION

Under the new rules, electronic notarization can be conducted in three ways:

  • In-Person Electronic Notarization (IEN) requires the principal (signatory) and witnesses (if any) to appear physically before an Electronic Notary Public (ENP) but use an Electronic Notarization Facility (ENF) instead of traditional paper documents. The parties electronically sign the document in real time, and the notarial act is recorded and stored in the Electronic Notarial Book (ENB).
  • Remote Electronic Notarization (REN) allows notarization to take place virtually, with the principal and witnesses appearing before the ENP via videoconferencing integrated into an ENF. Identity verification is conducted through electronic Know-Your-Customer (e-KYC) mechanisms, multi-factor authentication (MFA), and geolocation tracking to ensure the parties are within the Philippines—except in limited extraterritorial cases. The presence of the principal in Philippine embassies, consular offices, or the offices of Philippine Honorary Consuls abroad must be confirmed by an embassy/consular officer before proceeding.
  • Mixed In-Person and Remote Notarization combines IEN and REN, where one party appears physically before the ENP, while the other connects virtually through a Supreme Court-accredited ENF.

Moreover, the rules authorize the following five electronic notarial acts:

  • Acknowledgment by Electronic Means – The principal appears before the ENP and affirms that they voluntarily executed the electronic document.
  • Affirmation or Oath by Electronic Means – The principal swears to the truthfulness of the document’s contents under penalty of law.
  • Jurat by Electronic Means – The principal affixes their electronic signature in the presence of the ENP and takes an oath before them.
  • Signature Witnessing by Electronic Means – The ENP witnesses the principal’s electronic signature on the document.
  • Limited Extraterritorial Notarization – An ENP may perform notarial acts for a principal located abroad, provided they are physically inside a Philippine embassy, consular office, or an office of a Philippine Honorary Consul, with their presence confirmed by an embassy/consular officer.

Meanwhile, electronic notarization is not allowed for notarial wills, depositions used as court evidence, and paper documents with handwritten signatures—all of which must continue to follow traditional notarization under the 2004 Notarial Rules.

Furthermore, the rules establish clear enforcement mechanisms, allowing the Electronic Notary Administrator (ENA) to revoke commissions or impose sanctions on ENPs and individuals who commit violations.

The E-Notarization Rules, published on March 9, 2025, will take effect 15 days after its publication in the Official Gazette or two newspapers of general circulation.

Read the full text of A.M. No. 24-10-14-SC, Rules on Electronic Notarization, at https://sc.judiciary.gov.ph/24-10-14-sc-rules-on-electronic-notarization/

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