The Supreme Court (SC), the highest court in the Philippines, recently announced the approval of the Rules on Electronic Notarization. This noteworthy advancement in the judicial process leverages technology to make notarial services more accessible for Filipinos nationwide.
The initiative aligns with the SC’s commitment to innovation and expanded access to justice by allowing electronic notarization, a part of the Strategic Plan for Judicial Innovations (SPJI) 2022 – 2027.
This update supplements the traditional mode of notarization, which restricts notarization only within their territorial jurisdiction.
Timeline of E-Notarization
Remote notarization was temporarily introduced in 2020 by the Supreme Court through the Interim Rules on Remote Notarization of Paper Documents during the Covid-19 pandemic but has since recognized the need for a permanent solution and innovation.
The SC eventually formed a Technical Working Group (TWG) led by Associate Justice Alfredo Benjamin S. Caguioa, who served as Chairperson, and Associate Justice Ramon Paul L. Hernando, who served as Vice Chairperson.
They conducted extensive studies, benchmarked best practices, and consulted stakeholders, including government agencies and technology experts, before finalizing the E-Notarization Rules, which were approved on February 4, 2025.
How will E-Notarization be applied?
Under A.M. No. 24-10-14-SC, the SC En Banc approved the E-Notarization Rules and the Guidelines on the Accreditation of Electronic Notarization Facility Providers, which introduces Electronic Notaries Public (ENPs), who are authorized to perform notarial acts anywhere in the Philippines or abroad in some cases.
The new framework enables three forms of e-notarization:
- In-Person Electronic Notarization (IEN) – both principals and witnesses must be physically present with the ENP.
- Remote Electronic Notarization (REN) – principals and witnesses can connect virtually to the ENP via videoconferencing.
- Mix of IEN and REN, utilizing accredited applications or software tailored for electronic notarization (Electronic Notarization Facilities or ENF).
With the release of the rules on electronic notarization, people looking for notarial services will have easier access to notaries public, making it more efficient and accessible.
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How secure is E-Notarization?
Like anything performed on electronic devices, electronic notarization involves security concerns, especially since it involves documents containing sensitive personal information.
To ensure the process’s security, the E-Notarization Rules will implement multi-factor authentication (MFA) measures, such as facial recognition, biometrics, and one-time passwords (OTP), in compliance with the Bangko Sentral ng Pilipinas (BSP) regulations.
An electronic notarial book is also implemented, which shows the chronological record of electronic notarial acts and ensures it is free from tampering. All data stored in the ENF are also protected by the Data Privacy Act (RA 10173).
Limits and effectivity of E-Notarization in PH
According to the SC, E-Notarization will apply exclusively to electronic documents in Portable Document Format (PDF) or Portable Document Format Archival (PDF/A). On the other hand, paper documents with handwritten signatures, notarial wills, and depositions will remain unchanged and continue to follow the 2004 Notarial Rules.
The E-Notarization Rules will take effect 15 days after publication on March 9, 2025.
The effectivity of the E-Notarization Rules will also lead to the creation of the Office of the Electronic Notary Administrator (ENA), which will be responsible for the commissioning and supervision of ENPs and the accreditation of ENFs. A transitional period will occur when the SC Central Notarial Database, a nationwide repository for electronically notarized documents, is established.
You may read the full Rules on Electronic Notarization here.