The Supreme Court (SC) has approved the new rules on electronic notarization of documents that can be done anywhere in the country and, in certain cases, even abroad by accredited electronic notaries public (ENPs).
Previous SC decisions stated that “notarization converts a private document into a public document, making it admissible in evidence without further proof of its authenticity and due execution.”
The new rules expanded the jurisdiction of the traditional notaries public to cover areas even outside of their territorial jurisdiction.
Currently, lawyers who are commissioned by the SC to be notaries public in specific town, city, or province can only notarize documents executed by the parties within their specific jurisdictions.
With the new rules on electronic notarization, accredited ENPs can provide their services across the country, and even abroad.
The SC said the expanded jurisdiction will ensure greater accessibility, particularly for those in remote or underserved areas of the country.
The Office of the Electronic Notary Administrator (ENA) will handle the commissioning and supervision of ENPs, and the accreditation of electronic notarization facilities (ENF).
A central notarial database, a nationwide repository for electronically notarized documents, will be set up, the SC said.
The new rules are provided for under Administrative Matter No. 24-10-14 SC which was published last March 9 and will be effective 15 days after publication.
In a press briefer, the SC’s Office of the Spokesperson said the Rules on Electronic Notarization is “a significant reform that leverages technology to make notarial services more accessible and efficient nationwide.”
It said the new notarization rules is part of the Strategic Plan for Judicial Innovations (SPJI) 2022-2027, and “this initiative aligns with the SC’s commitment to innovation and expanded access to justice by allowing notarization for electronic documents, including remote notarization through accredited software applications.”
The press briefer stated:
“The updated framework enables three forms of electronic notarization: In-Person Electronic Notarization (IEN), Remote Electronic Notarization (REN), or a mix of both, utilizing accredited applications or software tailored for electronic notarization (Electronic Notarization Facilities or ENF).
“In IEN, both principals and witnesses must be physically present with the ENP, using the ENF within the same location, whereas in REN, they connect virtually to the ENP via videoconferencing.
“To enhance security, the E-Notarization Rules implements Multi-Factor Authentication (MFA) such as facial recognition, biometrics, and one-time passwords, in compliance with regulations set by the Bangko Sentral ng Pilipinas.
“The integrity of the electronic notarial book, or the register showing the chronological record of electronic notarial acts, is also safeguarded against tampering.
“Additionally, all data stored in the ENFs are protected under the Data Privacy Act.
“The E-Notarization Rules applies exclusively to electronic documents in Portable Document Format (PDF) or Portable Document Format Archival (PDF/A).
“Paper documents with handwritten signatures, notarial wills, and depositions will continue to follow the 2004 Notarial Rules.
“The E-Notarization Rules takes effect 15 days after its publication on March 9, 2025.
“The effectivity of the E-Notarization Rules paves the way for the creation of the Office of the Electronic Notary Administrator (ENA) which shall be responsible for the commissioning and supervision of ENPs, as well as the accreditation of ENFs.
“A transitional period will follow during which time the SC Central Notarial Database, a nationwide repository for electronically notarized documents, will be established.”
The SC introduced remote notarization in 2020 during the Covid-19 pandemic.
It then formed a technical working group (TWG) led by Associate Justice Alfredo Benjamin S. Caguioa as chairperson and Associate Justice Ramon Paul L. Hernando as vice-chairperson.
The SC said the TWG conducted extensive studies, benchmarked best practices from other jurisdictions, and consulted stakeholders, including government agencies and technology experts, before finalizing the E-Notarization Rules, which was approved on February 4, 2025.