The Supreme Court's resolution introduces the Rules on Electronic Notarization to modernize and supplement traditional notarization by integrating technology into legal practice. Here’s a breakdown of Rules I to XII:
Rule I: General Provisions
Establishes that these rules will be known as the Rules on Electronic Notarization (the Rules).
Aims to facilitate technology-based notarial services while supplementing the 2004 Rules on Notarial Practice.
Defines key terms such as Electronic Document, Digital Signature, Electronic Notary Public (ENP), Electronic Notarization Facility (ENF), and more.
Clarifies that paper-based notarization remains governed by the 2004 Notarial Rules, ensuring a hybrid system for legal documents.
Rule II: In-Person Electronic Notarization (IEN)
Requires the physical appearance of the principal and witnesses before an Electronic Notary Public (ENP).
The ENP must verify identities using an identity verification mechanism within an accredited ENF.
The ENP ensures that the electronic document is properly interpreted, read, and explained before notarization.
Guarantees the professional, private, and confidential nature of electronic notarization.
Rule III: Remote Electronic Notarization (REN)
Allows for virtual appearance through videoconferencing, making notarization accessible to individuals in different locations.
Virtual appearance is treated as equivalent to physical appearance if conducted through an accredited ENF.
Requires real-time interaction and prohibits pre-recorded videos.
The ENP must verify the geolocation of all parties and confirm that they are within the Philippines, except in limited extraterritorial notarization cases.
Rule IV: Electronic Notarial Acts
Covers different types of notarization, including:
Acknowledgment by Electronic Means – Parties affix electronic signatures in the ENF in full view of the ENP.
Affirmation or Oath by Electronic Means – The ENP ensures that the principal avows the truthfulness of the document under penalty of law.
Jurat by Electronic Means – Requires the principal to affix an electronic signature and take an oath before the ENP.
Signature Witnessing by Electronic Means – The ENP verifies the affixation of an electronic signature in full view.
Limited Extraterritorial Notarization – Permitted for Filipinos abroad only if conducted within Philippine embassies or consular offices.
Ensures real-time transmission of notarized documents to the Supreme Court Central Notarial Database for secure storage and verification.
Rule V: Electronic Notary Administrator (ENA)
The Electronic Notary Administrator (ENA) is a Supreme Court-designated officer responsible for the commissioning, supervision, and regulation of Electronic Notary Publics (ENPs).
The ENA has the authority to:
Conduct summary hearings for electronic notarial commission applications.
Maintain a Directory of ENPs, including commission details, suspensions, and revocations.
Ensure compliance with Republic Act No. 10173 (Data Privacy Act of 2012) when managing ENP records.
Rule VI: Commissioning of Electronic Notary Publics (ENPs)
Eligibility Requirements
To be commissioned as an ENP, an applicant must:
✅ Be a member of the Philippine Bar in good standing.
✅ Be compliant with MCLE (Mandatory Continuing Legal Education) and Unified Legal Aid Service (ULAS) requirements.
✅ Be a Philippine resident for at least one year and have a regular place of work/business in the country.
✅ Not have any final conviction for a crime involving moral turpitude.
Application Process
Must be submitted electronically and include:
Personal details
Certification of good moral character
Proof of MCLE compliance
Passport-size photo
Certification of proficiency in using an Electronic Notarization Facility (ENF)
Applicants undergo a Virtual Summary Hearing conducted by the ENA.
If approved, the Electronic Notarial Commission is issued for a two-year term.
Renewal of Commission
ENPs must file for renewal 30 days before expiration, submitting:
Updated credentials
Proof of professional tax payment
Compliance with notarial guidelines
Failure to renew results in automatic removal from the Directory of ENPs, barring access to accredited ENFs.
Rule VII: Electronic Notarization Facility (ENF)
Accreditation of ENFs
ENPs must use only Supreme Court-accredited ENFs for electronic notarization.
The Supreme Court establishes guidelines on the accreditation process.
Minimum Features of an ENF
✅ Supports both In-Person Electronic Notarization (IEN) and Remote Electronic Notarization (REN).
✅ Has e-KYC (Electronic Know-Your-Customer) and Multi-Factor Authentication (MFA) for identity verification.
✅ Supports geolocation tracking to prevent unauthorized notarization outside the Philippines.
✅ Allows secure storage, transmission, and retrieval of electronically notarized documents.
✅ Integrates with the Supreme Court Central Notarial Database for real-time record submission.
✅ Uses tamper-proof security measures, including end-to-end encryption.
✅ Maintains 99.9% uptime for system availability.
✅ Supports audiovisual recording of remote notarization sessions.
✅ Complies with RA 10173 (Data Privacy Act) and is registered with the National Privacy Commission (NPC).
Rule VIII: Electronic Notarial Book (ENB)
The ENB is a digitally maintained official register that records notarized electronic acts, ensuring traceability and security.
It must contain:
Details of the notarial act (title, date, mode of notarization).
Identities and addresses of involved parties.
Evidence of identity and applicable fees.
Statements confirming the act’s execution within legally authorized locations.
Rule IX: Electronic Signature and Electronic Notarial Seal
Mandates the use of official electronic signatures and electronic notarial seals for authentication.
Ensures legitimacy and prevents fraud.
Rule X: Prohibited Acts and Administrative Penalties
Lists violations and grounds for administrative action, including:
Falsification of notarized documents.
Unauthorized alterations of electronic records.
Coercion or undue influence on a notary.
Use of VPNs to manipulate geolocation.
Operating without Supreme Court accreditation.
Penalties range from suspension to revocation of an ENP’s commission.
Rule XI: Revocation and Termination of ENF Access
ENP access to the Electronic Notarization Facility (ENF) is revoked upon:
Resignation or death of an ENP.
Expiration or revocation of the commission.
Violations of the electronic notarization rules.
The ENB and records must be handed over to the Supreme Court for custody.
Rule XII: Miscellaneous Provisions
Fees for electronic notarization, as prescribed by the Supreme Court.
Storage and retention requirements for electronic records.
Punishable acts ensuring compliance.
Future amendments to align with advancing technology.
These rules modernize notarization by integrating secure, digital-first processes, ensuring legal authenticity while maintaining data privacy and cybersecurity.
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