Supreme Court Approves Electronic Notarization Rules

Manila, Philippines – In a significant stride towards modernizing the country's legal framework, the Supreme Court (SC) has approved the Rules on Electronic Notarization (E-Notarization Rules), a move poised to revolutionize how notarial services are accessed and delivered across the Philippines. This landmark decision, formalized under A.M. No. 24-10-14-SC, aims to enhance efficiency and broaden access to justice by leveraging technology for the notarization of electronic documents. The new rules supplement the existing 2004 Rules on Notarial Practice and represent a key achievement under the Supreme Court's Strategic Plan for Judicial Innovations (SPJI) 2022-2027.

The E-Notarization Rules, approved En Banc on February 4, 2025, pave the way for the commissioning of Electronic Notaries Public (ENPs). Unlike traditional notaries whose authority is limited to specific geographic areas, ENPs will be authorized to perform notarial acts for individuals located anywhere within the Philippines and, in certain circumstances, even abroad. This expanded jurisdiction directly addresses a key limitation of the 2004 Notarial Rules, promising greater convenience and accessibility, particularly for citizens in remote or underserved regions.

Under the updated framework, three distinct forms of electronic notarization will be permissible:

• In-Person Electronic Notarization (IEN): This method requires both the principals and any witnesses to be physically present with the ENP, utilizing an accredited Electronic Notarization Facility (ENF) within the same location.
• Remote Electronic Notarization (REN): This allows principals and witnesses to connect with the ENP virtually through secure videoconferencing via an accredited ENF.
• A hybrid approach combining elements of both IEN and REN.

The E-Notarization Rules place a strong emphasis on security and data privacy. To ensure the integrity of the process, the rules mandate the implementation of Multi-Factor Authentication (MFA), incorporating technologies such as facial recognition, biometrics, and one-time passwords, in line with regulations set by the Bangko Sentral ng Pilipinas. Furthermore, the electronic notarial book, which serves as the chronological record of all electronic notarial acts, will be safeguarded against tampering. All data stored within the Electronic Notarization Facilities (ENFs) will also be protected in accordance with the provisions of the Data Privacy Act.

It is important to note that the E-Notarization Rules will exclusively apply to electronic documents in Portable Document Format (PDF) or Portable Document Format Archival (PDF/A). Traditional paper documents bearing handwritten signatures, notarial wills, and depositions will continue to be governed by the 2004 Notarial Rules.

The E-Notarization Rules are set to take effect 15 days following their publication on March 9, 2025. This effectivity will trigger a transitional period that includes the establishment of the Office of the Electronic Notary Administrator (ENA). The ENA will be the central body responsible for the commissioning and supervision of ENPs, as well as the accreditation of ENFs. Additionally, a nationwide repository for electronically notarized documents, known as the SC Central Notarial Database, will be established during this transitional phase.

The Supreme Court's move towards electronic notarization builds upon its earlier experience with remote notarization during the COVID-19 pandemic. In 2020, the SC introduced the Interim Rules on Remote Notarization of Paper Documents as a temporary measure to address the urgent need for legal services amidst community quarantines. Recognizing the long-term benefits of digital solutions, the SC formed a Technical Working Group (TWG) to develop a permanent framework for electronic notarization. This TWG, chaired by Associate Justice Alfredo Benjamin S. Caguioa with Associate Justice Ramon Paul L. Hernando as Vice-Chairperson, conducted extensive studies, benchmarked best practices from other jurisdictions, and engaged in consultations with various stakeholders, including government agencies and technology experts. Their efforts culminated in the finalization of the E-Notarization Rules, marking a significant milestone in the Philippine judiciary's digital transformation journey.

The full text of the E-Notarization Rules and the Guidelines on the Accreditation of Electronic Notarization Facility Providers can be originally accessed on the Supreme Court's website. This progressive step by the Supreme Court is expected to enhance the efficiency of legal transactions, reduce costs associated with traditional notarization, and ultimately improve access to justice for all Filipinos.

This article is based on information from the Supreme Court of the Philippines, particularly a press release from the Office of Associate Justice Alfredo Benjamin S. Caguioa and the SC Office of the Spokesperson.