RULES ON NOTARIAL PRACTICE OF 2004 (AM 02-8-13-SC, July 06, 2004)

RULE I IMPLEMENTATION

§1. Title.

These Rules shall be known as the 2004 Rules on Notarial Practice.

§2. Purpose.

These Rules shall be applied and construed to advance the following purposes:

• (a) to promote, serve, and protect public interest;

• (b) to simplify, clarify, and modernize the rules governing notaries public; and

• (c) to foster ethical conduct among notaries public.

§3. Interpretation.

Unless the context of these Rules otherwise indicates, words in the singular include the plural, and words in the plural include the singular.

RULE II DEFINITIONS

§1. Acknowledgment.

“Acknowledgment” refers to an act in which an individual on a single occasion:

• (a) appears in person before the notary public and presents an integrally complete instrument or document;

• (b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and

• (c) represent to the notary public that the signature on the instrument or document was voluntary affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity.

§2. Affirmation or Oath.

The term “Affirmation “ or “Oath” refers to an act in which an individual on a single occasion:

• (a) appears in person before the notary public

• (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and

• (c) avows under penalty of law to the whole truth of the contents of the instrument or document.

§3. Commission.

“Commission” refers to the grant of authority to perform notarial acts and to the written evidence of the authority.

§4. Copy Certification.

“Copy Certification” refers to a notarial act in which a notary public;

• (a) is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable;

• (b) copies or supervises the copying of the instrument or document;

• (c) compares the instrument or document with the copy; and

• (d) determines that the copy is accurate and complete.

§5. Notarial Register.

“Notarial Register” refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public.

§6. Jurat.

“Jurat” refers to an act in which an individual on a single occasion:

• (a) appears in person before the notary public and presents an instrument or document;

• (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules;

• (c) signs the instrument or document in the presence of the notary; and

• (d) takes an oath or affirmation before the notary public as to such instrument or document.

§7. Notarial Act and Notarization.

“Notarial Act” and “Notarization” refer to any act that a notary public is empowered to perform under these Rules.

§8. Notarial Certificate.

“Notarial Certificate” refers to the part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary’s signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules.

§9. Notary Public and Notary.

“Notary Public” and “Notary” refer to any person commissioned to perform official acts under these Rules.

§10. Principal.

“Principal” refers to a person appearing before the notary public whose act is the subject of notarization.

§11. Regular Place of Work or Business.

The term “regular place of work or business” refers to a stationary office in the city or province wherein the notary public renders legal and notarial services.

§12. Competent Evidence of Identity.

The phrase “competent evidence of identity” refers to the identification of an individual based on:

• (a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or

• (b) the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.

§13. Official Seal or Seal.

“Official Seal” or “Seal” refers to a device for affixing a mark, image or impression on all papers officially signed by the notary public conforming the requisites prescribed by these Rules.

§14. Signature Witnessing.

The term “signature witnessing” refers to a notarial act in which an individual on a single occasion:

• (a) appears in person before the notary public and presents an instrument or document;

• (b) is personally known to the notary public or identified by the notary public through competent evidence of identify as defined by these Rules; and

• (c) signs the instrument or document in the presence of the notary public.

§15. Court.

“Court” refers to the Supreme Court of the Philippines.

§16. Petitioner.

“Petitioner” refers to a person who applies for a notarial commission.

§17. Office of the Court Administrator.

“Office of the Court Administrator” refers to the Office of the Court Administrator of the Supreme Court.

§18. Executive Judge.

“Executive Judge” refers to the Executive Judge of the Regional Trial Court of a city or province who issues a notarial commission.

§19. Vendor.

“Vendor” under these Rules refers to a seller of a notarial seal and shall include a wholesaler or retailer.

§20. Manufacturer.

“Manufacturer” under these Rules refers to one who produces a notarial seal and shall include an engraver and seal maker.

RULE III COMMISSIONING OF NOTARY PUBLIC

§1. Qualifications.

A notarial commission may be issued by an Executive Judge to any qualified person who submits a petition in accordance with these Rules.

To be eligible for commissioning as notary public, the petitioner:

• (1) must be a citizen of the Philippines;

• (2) must be over twenty-one (21) years of age;

• (3) must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or province where the commission is to be issued;

• (4) must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and

• (5) must not have been convicted in the first instance of any crime involving moral turpitude.

§2. Form of the Petition and Supporting Documents.

Every petition for a notarial commission shall be in writing, verified, and shall include the following:

• (a) a statement containing the petitioner’s personal qualifications, including the petitioner’s date of birth, residence, telephone number, professional tax receipt, roll of attorney’s number and IBP membership number;

• (b) certification of good moral character of the petitioner by at least two (2) executive officers of the local chapter of the Integrated Bar of the Philippines where he is applying for commission;

• (c) proof of payment of the filing of the petition as required by these Rules; and

• (d) three (3) passport-size color photographs with light background taken within thirty (30) days of the application. The photograph should not be retouched. The petitioner shall sign his name at the bottom part of the photographs.

§3. Application Fee.

Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court.

§4. Summary Hearing on the Petition.

The Executive Judge shall conduct a summary hearing on the petition and shall grant the same if:

• (a) the petition is sufficient in form and substance;

• (b) the petitioner proves the allegations contained in the petition; and

• (c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood these Rules.

The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the petitioner.

§5. Notice of Summary Hearing.

• (a) The notice of summary hearing shall be published in a newspaper of general circulation in the city or province where the hearing shall be conducted and posted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court. The cost of the publication shall be borne by the petitioner. The notice may include more than one petitioner.

• (b) The notice shall be substantially in the following form:

NOTICE OF HEARING

Notice is hereby given that a summary hearing on the petition for notarial commission of (name of petitioner) shall be held on (date) at (place) at (time). Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto, received by the undersigned before the date of the summary hearing.

_______________________

Executive Judge

§6. Opposition to Petition.

Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto. The opposition must be received by the Executive Judge before the date of the summary hearing.

§7. Form of Notarial Commission.

The commissioning of a notary public shall be in a formal order signed by the Executive Judge substantially in the following form:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ______________________

This is to certify that (name of notary public) of (regular place of work or business) in (city or province) was on this (date) day of (month) two thousand and (year) commissioned by the undersigned as a notary public, within and for the said jurisdiction, for a term ending the thirty-first day of December (year)

_______________________

Executive Judge

§8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal.

The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of three (3) months from date of issue, unless extended by the Executive Judge.

A mark, image or impression of the seal that may be purchased by the notary public pursuant to the Certificate shall be presented to the Executive Judge for approval prior to use.

§9. Form of Certificate of Authorization to Purchase a Notarial Seal.

The Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the following form:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ______________________

CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL

This is to authorize (name of notary public) of (city or province) who was commissioned by the undersigned as a notary public, within and for the said jurisdiction, for a term ending the thirty-first of December (year) to purchase a notarial seal.

Issued this (day) of (month) (year).

_______________________

Executive Judge

§10. Official Seal of Notary Public.

Every person commissioned as notary public shall have only one official seal of office in accordance with these Rules.

§11. Jurisdiction and Term.

A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court.

§12. Register of Notaries Public.

The Executive Judge shall keep and maintain a Register of Notaries Public in his jurisdiction which shall contain, among others, the dates of issuance or revocation or suspension of notarial commissions, and the resignation or death of notaries public. The Executive Judge shall furnish the Office of the Court Administrator information and data recorded in the register of notaries public. The Office of the Court Administrator shall keep a permanent, complete and updated database of such records.

§13. Renewal of Commission.

A notary public may file a written application with the Executive Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. A mark, image or impression of the seal of the notary public shall be attached to the application.

Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public.

The notary public thus removed from the Register of Notaries Public may only be reinstated therein after he is issued a new commission in accordance with these Rules.

§14. Action on Application for Renewal of Commission.

The Executive Judge shall, upon payment of the application fee mentioned in Section 3 above of this Rule, act on an application for the renewal of a commission within thirty (30) days from receipt thereof. If the application is denied, the Executive Judge shall state the reasons therefor.

RULE IV POWERS AND LIMITATIONS OF NOTARIES PUBLIC

§1. Powers.

• (a) A notary public is empowered to perform the following notarial acts:

  • (1) acknowledgments;

  • (2) oaths and affirmations;

  • (3) jurats;

  • (4) signature witnessings;

  • (5) copy certifications; and

  • (6) any other act authorized by these Rules.

• (b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if:

  • (1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument or document;

  • (2) both witnesses sign their own names in addition to the thumb or other mark;

  • (3) the notary public writes below the thumb or other mark: “Thumb or Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public”; and

  • (4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing.

• (c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if:

  • (1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf;

  • (2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document;

  • (3) both witnesses sign their own names;

  • (4) the notary public writes below his signature; “Signature affixed by notary in presence of (names and addresses of person and two [2] witnesses)”; and

  • (5) the notary public notarizes his signature by acknowledgment or jurat.

§2. Prohibitions.

• (a) A notary public shall not perform a notarial act outside his regular place of work of business; provided, however; that on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction:

  • (1) public offices, convention halls, and similar places where oaths of office may be administered;

  • (2) public function areas in hotels and similar places for the signing of instruments or documents requiring notarization;

  • (3) hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and

  • (4) any place where a party to an instrument or document requiring notarization is under detention.

• (b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document -

  • (1) is not in the notary’s presence personally at the time of the notarization; and

  • (2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules.

§3. Disqualifications.

A notary public is disqualified from performing a notarial act if he:

• (a) is party to the instrument or document that is to be notarized;

• (b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, except as provided by these Rules and by law; or

• (c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree.

§4. Refusal to Notarize.

A notary public shall not perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if:

• (a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral;

• (b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former’s knowledge of the consequences of the transaction requiring a notarial act; and

• (c) in the notary’s judgment, the signatory is not acting of his or her own free will.

§5. False or Incomplete Certificate.

A notary public shall not:

• (a) execute a certificate containing information known or believed by the notary to be false.

• (b) affix an official signature or seal on a notarial certificate that is incomplete.

§6. Improper Instruments or Documents.

A notary public shall not notarize:

• (a) a blank or incomplete instrument or document; or

• (b) an instrument or document without appropriate notarial certification.

RULE V FEES OF NOTARY PUBLIC

§1. Imposition and Waiver of Fees.

For performing a notarial act, a notary public may charge the maximum fee as prescribed by the Supreme Court unless he waives the fee in whole or in part.

§2. Travel Fees and Expenses.

A notary public may charge travel fees and expenses separate and apart from the notarial fees prescribed in the preceding section when traveling to perform a notarial act if the notary public and the person requesting the notarial act agree prior to the travel.

§3. Prohibited Fees.

No fee or compensation of any kind, except those expressly prescribed and allowed herein, shall be collected or received for any notarial service.

§4. Payment or Refund of Fees.

A notary public shall not require payment of any fees specified herein prior to the performance of a notarial act unless otherwise agreed upon.

Any travel fees and expenses paid to a notary public prior to the performance of a notarial act are not subject to refund is the notary public had already traveled but failed to complete in whole or in part the notarial act for reasons beyond his control and without negligence on his part.

§5. Notice of Fees.

A notary public who charges a fee for notarial services shall issue a receipt registered with the Bureau of Internal Revenue and keep a journal of notarial fees. He shall enter in the journal all fees charged for services rendered.

A notary public shall post in conspicuous place in his office a complete schedule of chargeable notarial fees.

RULE VI NOTARIAL REGISTER

§1. Form of Notarial Register.

• (a) A notary public shall keep, maintain, protect and provide for lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages.

The register shall be kept in books to be furnished by the Solicitor General to any notary public upon request and upon payment of the cost thereof. The register shall be duly paged, and on the first page, the Solicitor General shall certify the number of pages of which the book consists.

For purposes of this provision, a Memorandum of Agreement or Understanding may be entered into by the Office of the Solicitor General and the Office of the Court Administrator.

• (b) A notary public shall keep only one active notarial register at any given time.

§2. Entries in the Notarial Register.

• (a) For every notarial act, the notary shall record in the notarial register at the time of notarization the following:

  • (1) the entry number and page number;

  • (2) the date and time of day of the notarial act;

  • (3) the type of notarial act;

  • (4) the title or description of the instrument, document or proceeding;

  • (5) the name and address of each principal;

  • (6) the competent evidence of identity as defined by these Rules if the signatory is not personally known to the notary;

  • (7) the name and address of each credible witness swearing to or affirming the person’s identity;

  • (8) the fee charged for the notarial act;

  • (9) the address where the notarization was performed if not in the notary’s regular place of work or business; and

  • (10) any other circumstance the notary public may deem of significance or relevance.

• (b) A notary public shall record in the notarial register the reasons and circumstances for not completing a notarial act.

• (c) A notary public shall record in the notarial register the circumstances of any request to inspect or copy an entry in the notarial register, including the requester’s name, address, signature, thumbmark or other recognized identifier, and evidence of identity. The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded.

• (d) When the instrument or document is a contract, the notary public shall keep an original copy thereof as part of his records and enter in said records a brief description of the substance thereof and shall give to each entry a consecutive number, beginning with number one in each calendar year. He shall also retain a duplicate original copy for the Clerk of Court.

• (e) The notary public shall give to each instrument or document executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument or document the page/s of his register on which the same is recorded. No blank line shall be left between entries.

• (f) In case of a protest of any draft, bill of exchange or promissory note, the notary public shall make a full and true record of all proceedings in relation thereto and shall note therein whether the demand for the sum of money was made, by whom, when, and where; whether he presented such draft, bill or note; whether notices were given, to whom and in what manner, where same was made, when and to whom and where directed; and of every other fact touching the same.

• (g) At the end of each week, the notary public shall certify in his notarial register the number of instruments or documents executed, sworn to, acknowledged, or protested before him; or if none, this certificate shall show its fact.

• (h) A certified copy of each month’s entries and a duplicate original copy of any instrument acknowledged before the notary public shall, within the first ten (10) days of the month following, be forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no entry to certify for the month, the notary shall forward a statement to this effect in lieu of certified copies herein required.

§3. Signatures and Thumbmarks.

At the time of notarization, the notary’s notarial register shall be signed or a thumb or other mark affixed by each:

• (a) principal;

• (b) credible witness swearing or affirming to the identity of a principal; and

• (c) witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a person physically unable to sign.

§4. Inspection, Copying and Disposal.

• (a) In the notary’s presence, any person may inspect an entry in the notarial register, during regular business hours, provided:

  • (1) the person’s identity is personally known to the notary public or proven through competent evidence of identity as defined in these Rules;

  • (2) the person affixes a signature and thumb or other mark or other reorganized identifier, in notarial register in a separate, dated entry;

  • (3) the person specifies the month, year, type of instrument or document, and name of the principal in the notarial act or acts sought; and

  • (4) the person is shown only the entry or entries specified by him;

• (b) The notarial register may be examined by a law enforcement officer in the course of an official investigation or by virtue of court order.

• (c) If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful motive in requesting information from the notarial register, the notary shall deny access to any entry or entries therein.

§5. Loss, Destruction or Damage of Notarial Register.

• (a) In case the notarial register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible as a record of notarial acts, the notary public shall, within ten (10) days after informing the appropriate law enforcement agency in the case of theft or vandalism, notify the Executive Judge by any means providing a proper receipt or acknowledgment, including registered mail and also provide a copy or number of any pertinent police report.

• (b) Upon revocation or expiration of a notarial commission, or death of the notary public, the notarial records shall immediately be delivered to the office of the Executive Judge.

§6. Issuance of Certified True Copies.

The notary public shall supply a certified true copy of the notarial record, or any part thereof, to any person applying for such copy upon payment of the legal fees.

RULE VII SIGNATURE AND SEAL OF NOTARY PUBLIC

§1. Official Signature.

In notarizing a paper instrument or document, a notary public shall:

• (a) sign by hand on the notarial certificate only the name indicated and as appearing on the notary’s commission;

• (b) not sign a facsimile stamp or printing device; and

• (c) affix his official signature only at the time the notarial act is performed.

§2. Official Seal.

• (a) Every person commissioned as notary public shall have a seal of office, to be procured at his own expense, which shall not be processed or owned by any other person. It shall be of metal, circular in shape, two inches in diameter, and shall have the name of the city or province and the word “Philippines” and his own name on the margin and the roll of attorney’s number on the face thereof, with the words “notary public” across the center. A mark, image or impression of such seal shall be made directly on the paper or parchment on which the writing appears.

• (b) The official seal shall be affixed only at the time the notarial act is performed and shall be clearly impressed by the notary public on every page of the instrument or document notarized.

• (c) When not in use, the official seal shall be kept safe and secure and shall be accessible only to the notary public or the person duly authorized by him.

• (d) Within five (5) days after the official seal of a notary public is stolen, lost, damaged or other otherwise rendered unserviceable in affixing a legible image, the notary public, after informing the appropriate law enforcement agency, shall notify the Executive Judge in writing, providing proper receipt or acknowledgment, including registered mail, and in the event of a crime committed, provide a copy or entry number of the appropriate police record. Upon receipt of such notice, if found in order by the Executive Judge, the latter shall order the notary public to cause notice of such loss or damage to be published, once a week for three (3) consecutive weeks, in a newspaper of general circulation in the city or province where the notary public is commissioned. Thereafter, the Executive Judge shall issue to the notary public a new Certificate of Authorization to Purchase a Notarial Seal.

• (e) Within five (5) days after the death or resignation of the notary public, or the revocation or expiration of notarial commission, the official seal shall be surrendered to the Executive Judge and shall be destroyed or defaced in public during office hours. In the event that the missing, lost or damaged seal is later found or surrendered, it shall be delivered by the notary public to the Executive Judge to be disposed of in accordance with this section. Failure to effect such surrender shall constitute contempt of court. In the event of death of the notary public, the person in possession of the official seal shall have the duty to surrender it to the Executive Judge.

§3. Seal Image.

The notary public shall affix a single, clear, legible, permanent, and photographically reproducible mark, image or impression of the official seal beside his signature on the notarial certificate of a paper instrument or document.

§4. Obtaining and Providing Seal.

• (a) A vendor or manufacturer of notarial seals may not sell said product without a written authorization from the Executive Judge.

• (b) Upon written application and after payment of the application fee, the Executive Judge may issue an authorization to sell to a vendor or manufacturer of notarial seals after verification and investigation of the latter’s qualifications. The Executive Judge shall charge an authorization fee in the amount of Php 4,000 for the vendor and Php 8,000 for the manufacturer. If a manufacturer is also a vendor, he shall only pay the manufacturer’s authorization fee.

• (c) The authorization shall be in effect for a period of four (4) years from the date of its issuance and may be renewed by the Executive Judge for a similar period upon payment of the authorization fee mentioned in the preceding paragraph.

• (d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of a certified copy of the commission and the Certificate of Authorization to Purchase a Notarial Seal issued by the Executive Judge. A notary public obtaining a new seal as a result of change of name shall present to the vendor or manufacturer a certified copy of the Confirmation of the Change of Name issued by the Executive Judge.

• (e) Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to Purchase a Notarial Seal;

• (f) After the sale, the vendor or manufacturer shall affix a mark, image or impression of the seal to the Certificate of Authorization to Purchase a Notarial Seal and submit the completed Certificate to the Executive Judge. Copies of the Certificate of Authorization to Purchase a Notarial Seal and the buyer’s commission shall be kept in the files of the vendor or manufacturer for four (4) years after the sale.

• (g) A notary public obtaining a new seal as a result of change of name shall present to the vendor a certified true copy of the order confirming the change of name issued by the Executive Judge.

RULE VIII NOTARIAL CERTIFICATES

§1. Form of Notarial Certificate.

The notarial form used for any notarial instrument or document shall conform to all the requisites prescribed herein, the Rules of Court and all other provisions of issuances by the Supreme Court and in applicable laws.

§2. Contents of the Concluding Part of the Notarial Certificate.

The notarial certificate shall include the following:

• (a) the name of the notary public as exactly indicated in the commission;

• (b) the serial number of the commission of the notary public;

• (c) the words “Notary Public” and the province or city where the notary public is commissioned, the expiration date of the commission, the office address of the notary public; and

• (d) the roll of attorney’s number, the professional tax receipt number and the place and date of issuance thereof, and the IBP membership number.

RULE IX CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

§1. Certificate of Authority for a Notarial Act.

A certificate of authority evidencing the authenticity of the official seal and signature of a notary public shall be issued by the Executive Judge upon request in substantially the following form:

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public), the person named in the seal and signature of the attached document, is a Notary Public in and for the (City/Municipality/Province) of the Republic of the Philippines and authorized to act as such at the time of the document’s notarization.

IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) day of (month) (year).

_______________________

(official signature)

(seal of Executive Judge)

RULE X CHANGES OF STATUS OF NOTARY PUBLIC

§1. Change of Name and Address.

Within ten (10) days after the change of name of the notary public by court order or by marriage, or after ceasing to maintain the regular place of work or business, the notary public shall submit a signed and dated notice of such fact to the Executive Judge.

The notary public shall not notarize until:

• (a) he receives from the Executive Judge a confirmation of the new name of the notary public and/or change of regular place of work or business; and

• (b) a new seal bearing the new name has been obtained.

The foregoing notwithstanding, until the aforesaid steps have been completed, the notary public may continue to use the former name or regular place of work or business in performing notarial acts for three (3) months from the date of the change, which may be extended once for valid and just cause by the Executive Judge for another period not exceeding three (3) months.

§2. Resignation.

A notary public may resign his commission by personally submitting a written, dated and signed formal notice to the Executive Judge together with his notarial seal, notarial register and records. Effective from the date indicated in the notice, he shall immediately ceases to perform notarial acts. In the event of his capacity to personally appear, the submission of the notice may be performed by his duly authorized representative.

§3. Publication of Registration.

The Executive Judge shall immediately order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of notaries public who have resigned their notarial commissions and the effective dates of their resignation.

RULE XI REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS

§1. Revocation and Administrative Sanctions.

• (a) The Executive Judge shall revoke a notarial commission for any ground on which an application for a commission may be denied.

• (b) In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative sanctions upon, any notary public who:

  • (1) fails to keep a notarial register;

  • (2) fails to make the proper entry or entries in his notarial register concerning his notarial acts;

  • (3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following;

  • (4) fails to affix to acknowledgments the date of expiration of his commission;

  • (5) fails to submit his notarial register, when filled, to the Executive Judge;

  • (6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his duties, as may be required by the judge;

  • (7) fails to require the presence of a principal at the time of the notarial act;

  • (8) fails to identify a principal on the basis of personal knowledge or competent evidence;

  • (9) executes a false or incomplete certificate under Section 5, Rule IV;

  • (10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and

  • (11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction.

• (c) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall be required to file a verified answer to the complaint.

  • If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary hearing. If the allegations of the complaint are not proven, the complaint shall be dismissed. If the charges are duly established, the Executive Judge shall impose the appropriate administrative sanctions. In either case, the aggrieved party may appeal the decision to the Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall be immediately executory, unless otherwise ordered by the Supreme Court.
    
    

• (d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public, subject to the procedures prescribed in paragraph (c) above and impose the appropriate administrative sanctions on the grounds mentioned in the preceding paragraphs (a) and (b).

§2. Supervision and Monitoring of Notaries Public.

The Executive Judge shall at all times exercise supervision over notaries public and shall closely monitor their activities.

§3. Publication of Revocations and Administrative Sanctions.

The Executive Judge shall immediately order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of notaries public who have been administratively sanctioned or whose notarial commissions have been revoked.

§4. Death of Notary Public.

If a notary public dies before fulfilling the obligations in Section 5(b), Rule VI and Section 2(e), Rule VII, the Executive Judge, upon being notified of such death, shall forthwith cause compliance with the provisions of these sanctions.

RULE XII SPECIAL PROVISIONS

§1. Punishable Acts.

The Executive Judge shall cause the prosecution of any person who:

• (a) knowingly acts or otherwise impersonates a notary public;

• (b) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and

• (c) knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct.

§2. Reports to the Supreme Court.

The Executive Judge concerned shall submit semestral reports to the Supreme Court on discipline and prosecution of notaries public.

RULE XIII REPEALING AND EFFECTIVITY PROVISIONS

§1. Repeal.

All rules and parts of rules, including issuances of the Supreme Court inconsistent herewith, are hereby repealed or accordingly modified.

§2. Effective Date.

These Rules shall take effect on the first day of August 2004, and shall be published in a newspaper of general circulation in the Philippines which provides sufficiently wide circulation.

INTERIM RULES ON REMOTE NOTARIZATION OF PAPER DOCUMENTS (AM 20-07-04-SC, July 14, 2020)

This has been repealed by AM 24-10-14-SC and will not be replicated here, see below.

RULES ON ELECTRONIC NOTARIZATION (AM 24-10-14-SC, February 04, 2025)

RULE I GENERAL PROVISIONS

§1. Title.

The Rules shall be known as the “Rules on Electronic Notarization,” hereinafter referred to as the “Rules.”

§2. Scope and Purpose.

The Rules is adopted to facilitate the provision of technology-based notarial services, with a view to supplementing the traditional mode of notarization under the 2004 Rules on Notarial Practice. The Rules shall govern the electronic notarization of electronic documents through In-Person Electronic Notarization and Remote Electronic Notarization.

Notarization of paper documents and instruments with handwritten signature or marks shall continue to be governed by the 2004 Rules on Notarial Practice.

§3. Suppletory Application of the 2004 Rules on Notarial Practice.

In the absence of any applicable provision in the Rules, the pertinent provisions of the 2004 Rules on Notarial Practice may be applied by analogy or in a suppletory manner.

§4. Definition of Terms.

• a. 2004 Rules on Notarial Practice — refers to the 2004 Rules on Notarial Practice under AM. No. 02-8-13-SC, hereinafter referred to as the “2004 Notarial Rules.”

• b. Competent Evidence of Identity — refers to the identification of an individual based on the following:

  • i. at least one valid identification document (ID) issued by an official government agency bearing the photograph and signature of an individual, such as but not limited to. the following: passport, driver’s license, Professional Regulation Commission ID, National Bureau of Investigation clearance, police clearance, Philippine Postal Corporation Postal ID, voter’s 1D, voter’s certification, Government Service Insurance System e-card, Social Security System card, Philippine Health Insurance Corporation card, senior citizen ID or booklet, Overseas Workers Welfare Administration ID, Overseas Filipino Worker ID, seaman’s book, alien certificate of registration/immigrant certificate of registration, government office ID, certification from the National Council for the Welfare of Disabled Persons, Persons with Disability ID or booklet, Department of Social Welfare and Development certification, Solo Parent ID, Tax Identification Number ID, Unified Multi-Purpose ID card, and residency ID from a local government unit;

  • ii. the Philippine Identification card issued under Republic Act No. 11055 or the “Philippine Identification System Act of 2018”; or

  • iii. the Integrated Bar of the Philippines (BP) ID or the single: identification card issued pursuant to A.M. No. 23-07-06-SC.

• c. Electronic — means relating to technology having digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

• d. Electronic Document — refers to information or the representation of information, data, figures, symbols, or other modes of written expression, described or however represented, by which a right is established, or an obligation extinguished or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved, or produced electronically. Scanned copies of paper documents fall under the definition of electronic document and are covered by the Rules.

  • For purposes of the Rules, “electronic document” shall refer to documents in Portable Document Format (PDF) or Portable Document Format Archival (PDF/A).

  • The term “electronic document” may be used interchangeably with “electronic data message” as defined in the Rules on Electronic Evidence under A.M. No. 01-7-01-SC.

• e. Electronic Know-Your-Customer (e-KYC) — refers to the process of electronically verifying the credentials of a user following the issuances of the Bangko Sentral ng Pilipinas (BSP).

• f. Electronic Notarial Book — refers to an electronic register containing a chronological record of electronic notarial acts performed under the Rules.

• g. Electronic Notarial Certificate — refers to that part of, or attachment to, an electronic document, which states the facts attested to by the Electronic Notary Public (ENP) and bears the signature and seal of the FNP, as provided under the Rules.

• h. Electronic Notarial Seal — refers to the mark, image, or impression of the notarial seal that indicates

  • i. the name of the ENP;

  • ii. the roll number of the ENP;

  • iii. the words “Republic of the Philippines”; and

  • iv. the words “Electronic Notary Public.”

  • The Electronic Notarial Seal shall also include a bar code, a quick response (QR) code, or any other similar seal in electronic format approved by the Supreme Court, which shall allow access to the foregoing information.

• i. Electronic Notarization Facility (ENF) — refers to any secure digital tool, device, system, application, and technology solution with the capabilities and functions required under Section 2, Rule Vil of the Rules.

• j. ENF Provider — refers to a natural or juridical person that provides any secure digital tool, device, system, application, and technology solution with sufficient capabilities for electronic notarization as specified under the Rules and the Guidelines on the Accreditation of Electronic Notarization Facility Providers (Guidelines).

• k. Electronic Notary Administrator (ENA) — refers to such official, as may be designated by the Supreme Court, who is vested with authority to issue electronic notarial commissions to qualified applicants for electronic notaries public and to exercise such powers and functions as may be prescribed by the Rules and the Guidelines.

• l. Electronic Notary Public (ENP) — refers to a notary public who is commissioned to perform electronic notarial acts as prescribed by the Rules.

• m. Electronic Signature — refers to the electronic representation of an individual’s wet signature, which may be as follows:

  • i. any distinctive mark and/or characteristic in electronic form representing the identity of a person or exclusively belonging to the said person to whom it correlates and attached to or logically associated with the electronic document;

  • ii. any methodology or procedure employed or adopted by a person with the intention of authenticating the electronic document;

  • iii. “Digital Signature” or an electronic signature consisting of a transformation of an electronic document using an asymmetric or public cryptosystem such that a person having the initial untransformed electronic document and the signer’s public key can accurately determine

(In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.)

• • • • (a) whether the transformation was created using the private Key that corresponds to the signer’s public key; and

      • (b) whether the initial electronic document had been altered after the transformation was made; or

  • iv. Secure Electronic Signature or an electronic signature that is created and can be verified through the application of a security procedure or a combination of security procedures that ensures such electronic signature

(In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.)

• • • • (a) is unique to the signer;

      • (b) can be used to identify objectively the signer of the data message;

      • (c) was created and affixed to the data message by the signer or using a means under the sole control of the signer; and

      • (d) was created and is linked to the data message to which it relates in a manner such that the data message to which it relates in a manner such that any change in the data message would be revealed.

• n. ENP’s Signature — for purposes of the Rules, the ENP shall be required to use either a “Digital Signature” or a “Secure Electronic Signature” as defined herein.

• o. Geolocation — refers to the approximate geographical location of a computer, networking device, or equipment based on geographical coordinates and measurements.

• p. In-person Electronic Notarization (IEN) — refers to the notarization of electronic documents through the use of an accredited ENF where the principal and/or their witness(es), if any, physically appears before the ENP.

• q. Multi-Factor Authentication (MFA) — refers to the process of validating and verifying the identity and authorization of users through the use of at least two of the following factors:

(In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.)

• • (i) knowledge — something the user knows, e.g. username, password, mobile personal identification number (PIN), and account number;

  • (ii) possession — something the user has, e.g., payment card, token, One-Time Password (OTP); and

  • (iii) inherence — something the user is, e.g. biometrics.

• r. Principal — refers to the person appearing before the ENP whose act is the subject of notarization under the Rules.

• s. Remote Electronic Notarization (REN) — refers to the notarization of electronic documents through the use of an accredited ENF where the principal and/or their witness(es), if any, virtually appears before the ENP through the use of the same ENF.

• t. Supreme Court Central Notarial Database — refers to the centralized and nationwide electronic database established by the Supreme Court where electronically notarized documents shall be uploaded.

• u. Transitional Period — refers to the period from the date of effectivity of the Rules until the date when the Supreme Court Central Notarial Database is established and becomes operational.

• v. Videoconferencing Facility — refers to any tool, device, system, application, and technology solution that has sufficient interactive audio-video capabilities that allow all the parties physically located in different locations to see, hear, and communicate with each other in real time. Under the Rules, videoconferencing technology is understood to be an integrated support facility or feature of the ENF.

• w. Virtual Private Network (VPN) — refers to a private computer network that functions over a public network such as the internet and utilizes data encryption to provide secure access.

§5. Legal Effect and Enforceability.

Any notarial act performed in accordance with the Rules shall have the same validity, force, and effect and may be relied upon to the same extent as any other notarial act performed under the 2004 Notarial Rules, provided, however, that the Rules shall not apply to the execution of notarial wills, deposition taking, and paper documents and instruments with wet signatures or marks.

RULE II IN-PERSON ELECTRONIC NOTARIZATION (IEN)

§1. Physical Appearance.

IEN requires the physical appearance of the principal and witnesses, if any, before the ENP. Physical appearance is when the principal, witnesses, and the ENP are in close proximity with each other to see, hear, and communicate without reliance on electronic devices such as telephones, cellular phones, computers, or video cameras.

In choosing the venue for the performance of IEN, the ENP must ensure that the professional, private, and confidential nature of the electronic notarial act is maintained.

§2. Preliminaries.

The ENP shall ensure compliance with the following procedure prior to the performance of the electronic notarial acts provided in Rule TV of the Rules through IEN:

• a. The ENP shall verify the identity of the principal and the witnesses through the identity verification mechanism of the ENF;

• b. The ENP shall confirm the principal’s voluntariness by examining their demeanor;

• c. The ENP shall read, interpret, and explain the general nature of the electronic document; and

• d. The ENP shall confirm that the electronic document to be notarized is the same one acknowledged, sworn to, affirmed by, or signed by the principal and the witnesses, if any.

RULE III REMOTE ELECTRONIC NOTARIZATION (REN)

§1. Virtual Appearance.

REN requires the virtual appearance of the principal and witnesses, if any,. before the ENP. Virtual appearance through videoconferencing shall be the equivalent of an in-person or physical appearance of parties and witnesses required in the performance of electronic notarial acts as provided under Rule IV of the Rules.

The videoconference must allow for synchronous interaction between and among the principal, the witnesses, if any, and the ENP, who may be in different locations. All electronic notarial sessions may be recorded. Pre-recorded videos of the principal and witnesses signing are strictly prohibited. Further, the ENP shall require the principal and the witnesses to stay within the view of the videoconference camera throughout the notarization process.

In choosing the venue for the performance of REN, the ENP must ensure that the professional, private, and confidential nature of the electronic notarial act is maintained.

§2. Preliminaries.

The ENP shall ensure compliance with the following procedure prior to the performance of the electronic notarial acts as provided under Rule IV of the Rules through REN:

• a. The execution of a remote electronic notarial act may be scheduled and confirmed with an ENP by any interested party through any means, including phone, email, instant messaging, or other modes of communication, or through the ENF;

• b. The ENP shall verify the identity of the principal and the witnesses through the identity verification mechanism of the ENF;

• c. Except in the case of limited extraterritorial notarization under Rule IV, Section 5, the ENP shall ascertain that all parties are present in the Philippines by accessing the geolocation function of the ENF and by requiring all parties to disclose their actual physical location in the Philippines while remotely participating in the electronic notarization act;

• d. The ENP shall confirm the voluntariness of the principal and witnesses, if any, by examining their demeanor and immediate surroundings;

• e. The ENP shall read, interpret, and explain the general nature of the electronic document; and

• f. The ENP shall confirm that the electronic document to be notarized is the same one acknowledged, sworn to, affirmed by, or signed by the principal and the witnesses, if any.

RULE IV ELECTRONIC NOTARIAL ACTS

§1. Acknowledgment by Electronic Means.

• a. In case of an electronic document that requires the electronic signatures of the principals and witnesses, if any, the ENP shall

  • i. require the principal and witnesses, if any, to sign the electronic document by affixing their respective electronic signatures through the use of the ENF and in full view of the ENP;

  • ii. require the principal and the witnesses, if any, to confirm that their electronic signatures have been voluntarily affixed for the purposes stated therein; and

  • iii. require the principal to declare that they electronically signed the instrument or document as their free and voluntary act and deed.

• b. Incase of a pre-signed electronic document, the ENP shall

  • i. require the principal to confirm that the signature appearing on the electronic document is theirs and that it has been voluntarily affixed for the purposes stated therein;

  • ii. require the principal to declare that they signed the electronic document as their free and voluntary act and deed; and

  • iii. require any witness who chose to appear before the ENP to confirm that the signature appearing on the electronic document is theirs and that they voluntarily affixed the same.

In case of REN and where there is more than one principal, each of them shall appear virtually before the ENP and shall be present during the videoconference using their respective ENF accounts. Likewise, witnesses may appear virtually before the ENP and sign the electronic document, if needed, using their respective ENF accounts.

§2. Affirmation or Oath by Electronic Means.

• a. In case of an electronic document that requires the electronic signatures of the principals, the ENP shall

  • i. require the principal to sign the electronic document by affixing their electronic signature using the ENF in full view of the ENP; and

  • ii. require the principal to avow the truthfulness of the contents of the electronic document under penalty of law.

• b. In case of a pre-signed electronic document, the ENP shall

  • i. require the principal to confirm that the signature appearing on the electronic document is theirs; and

  • ii. require the principal to avow the truthfulness of the contents of the electronic document under penalty of law.

In case of REN and where there is more than one principal, each of them shall appear virtually before the ENP and shall be present during the videoconference using their respective ENF accounts. Likewise, witnesses may appear virtually before the ENP and sign the electronic document, if needed, using their respective ENF accounts.

§3. Jurat by Electronic Means.

In case of a jurat, the ENP shall

• a. require the principal to sign the electronic document by affixing their electronic signature using the ENF in full view of the ENP; and

• b. require the principal to take an oath before the ENP.

§4. Signature Witnessing by Electronic Means.

In cases of signature witnessing, the ENP shall require the principal to electronically sign he electronic document using the ENF in their full view.

§5. Limited Extraterritorial Performance of Electronic Notarial Acts.

The ENP shall be allowed to perform any of the electronic notarial acts in the preceding Rule for a principal located outside the Philippines, provided that at the time of the performance of the electronic notarial act, the principal is within the premises of any of the embassies of the Philippines, Philippine consular offices, or offices of Philippine Honorary Consuls abroad.

The ENP shall confirm the location of the principal abroad by requiring them to pan the video and show that they are within the premises of any Philippine embassies or consular offices. A designated officer from the Philippine embassy or consulate shall also confirm the principal’s presence within the premises to the ENP before proceeding with the performance of the electronic notarial act.

§6. Completion of a Notarial Certificate and Retention of Record.

After the execution of the electronic notarial act in accordance with the Rules, the ENP shall complete the electronic notarial certificate, affix thereon their electronic signature, and attach their Electronic Notarial Seal. The electronic notarial certificate shall be attached to the notarized electronic document.

The ENP shall retain a record of the said document for the period and in the manner set forth in Section 2, Rule XII of the Rules. Within such period, the record shall be made available to the parties upon their request.

§7. Real-Time Transmission to Central Database.

Upon completion of the electronic notarial act, the ENP shall ensure that a copy of the notarized electronic document in PDF/A format is automatically uploaded to the Supreme Court Central Notarial Database using the ENF in accordance with the Electronic Notarization Data Sharing Guidelines; provided that during the Transitional Period, PDF copies of the notarized electronic document shall be transmitted to the ENA following the procedure in Section 3, Rule VIII of the Rules.

§8. Audiovisual Recording of the Electronic Notarial Act.

The principal(s) may create and retain an audiovisual recording of the electronic notarial act taken from the ENF for their account and records. For this purpose, the ENF shall allow the recording and downloading of the electronic notarial act for the benefit of the principal(s).

RULE V ELECTRONIC NOTARY ADMINISTRATOR

§1. Electronic Notary Administrator (ENA).

The Supreme Court shall designate a qualified officer who shall be responsible for, among other responsibilities, the commissioning and supervision of the ENPs. The qualified officer shall be known as the ENA and shall be under the direct supervision of the Supreme Court.

§2. Authority of the ENA.

The ENA shall have the authority to conduct a summary hearing to determine the applicant’s substantial familiarity with the Rules and issue an electronic notarial commission to qualified applicants.

§3. Directory of ENPs.

The ENA shall keep and maintain a directory that shall contain, among others, the names of the ENPs, the dates of issuance or revocation or suspension of electronic notarial commissions, and the resignation or death of the ENPs. The ENA shall keep a permanent, complete, and updated database of such records in accordance with Republic Act No. 10173 or the “Data Privacy Act of 2012.”

A copy of the directory of ENPs shall be posted on the Supreme Court website for the reference of the general public. The ENA shall ensure that this copy shall be updated on the 15% day of February and August each year.

RULE VI COMMISSIONING OF ENPs

§1. Commissioning of an ENP.

The ENA shall issue an electronic notarial commission to any qualified applicant who submits an application in accordance with the Rules.

To be eligible for commissioning as an ENP, the applicant

• a. must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant (OBC) of the Supreme Court and the IBP;

• b. must be compliant with the Mandatory Continuing Legal Education (MCLE) and Unified Legal Aid Service (ULAS) requirements;

• c. must be a resident in the Philippines for at least one year and maintains a regular place of work or business anywhere in the Philippines; and

• d. must not have been convicted by final judgment of any crime involving moral turpitude.

§2. Application for Electronic Notarial Commission.

Every application for an electronic notarial commission shall be in electronic form and shall include the following information and supporting documents:

• a. a statement containing the applicant’s personal qualifications, including the applicant’s citizenship, date of birth, residential address, address of regular place of work or business, telephone and/or mobile number, professional tax receipt number, Roll of Attorneys number, IBP membership number, MCLE compliance number, ULAS compliance number, and email address;

• b. an electronic or scanned copy of the certification of good moral character of the applicant from the OBC and the IBP;

• c. an unretouched passport-size colored photograph with light background taken within 30 days prior to the filing of the application;

• d. proof of payment for the filing of the application as required by the Rules;

• e. a written undertaking confirming that the applicant shall execute electronic notarial acts strictly in accordance with the Rules;

• f. a written undertaking confirming that the applicant shall comply with the Electronic Notarization Data Sharing Guidelines; and

• g. a certification issued by an ENF Provider stating that the applicant has viewed the on-demand instructional video on using the ENF.

The application shall be signed by the applicant using their electronic signature and shall be transmitted to the ENA through their dedicated email address.

§3. Virtual Summary Hearing.

The ENA shall conduct a summary hearing on the application and shall grant the same if

• a. the application is sufficient in form and substance;

• b. the applicant proves the allegations contained in the application;

• c. the applicant establishes, to the satisfaction of the ENA, that they have read and fully understood the Rules and that they shall execute electronic notarial acts strictly in accordance therewith; and

• d. the applicant demonstrates, to the satisfaction of the ENA, that they have the basic technological aptitude or proficiency to use an ENF and its features.

The summary hearing shall be conducted through videoconferencing following the guidelines in A.M. No. 20-12-01-SC (Re: Proposed Guidelines on the Conduct of Videoconferencing), or its amendments, or supplements.

§4. Notice of Virtual Summary Hearing.

The notice of summary hearing shall be posted on the Supreme Court website and all other official channels of communication for the reference of the general public. The notice, which may include more than one applicant, shall be substantially in the following form:

NOTICE OF HEARING

Notice is hereby given that a summary hearing on the application for electronic notarial commission of [name(s) of applicant(s)] shall be held virtually on [date] at [time]. Any person who has any cause or reason to object to the grant of the application may file a verified written opposition thereto through [ENA’s dedicated email address] before the date of the summary hearing.

----------------------------------

Electronic Notary Administrator

§5. Opposition to the Application.

Any person who has any cause or reason to object to the grant of the application may electronically file a verified written opposition thereto before the date of the summary hearing. The opposition must be filed through the ENA’s dedicated email address. The ENA shall forward a copy of the opposition to the applicant’s email address. The ENA shall also give the oppositor the link and access to the virtual summary hearing. Nonappearance of the oppositor(s) in the virtual summary hearing may be excused only for acts of God, force majeure, or duly substantiated physical inability.

A representative may appear on behalf of a party but must be fully authorized through a Special Power of Attorney or a board resolution, as the case may be.

The oppositor’s or an authorized representative’s failure to appear without valid cause shall be cause to deny the opposition outright and to grant the application for electronic notarial commission in accordance with Section 6 of this Rule.

§6. Issuance and Form of Electronic Notarial Commission.

Upon finding that the applicant is qualified to assume the duties and responsibilities of an ENP, the ENA shall issue an electronic notarial commission that is substantially in the following form:

REPUBLIC OF THE PHILIPPINES

SUPREME COURT

ELECTRONIC NOTARY ADMINISTRATOR

This is to certify that [name of the ENP] of [regular place of work or business] is on [date] commissioned by the undersigned as an Electronic Notary Public authorized to execute electronic notarial acts in accordance with A.M. No. 24-10-14-SC or the “Rules on Electronic Notarization” for a term ending on [date].

----------------------------------

Electronic Notary Administrator

§7. Application Fee.

Every applicant shall pay the fee prescribed by the Supreme Court.

§8. Confidentiality.

The information reflected in the application form shall be used by the ENA and their authorized officers only for the purpose of performing their official duties and shall not be disclosed to any person unless authorized by court order or by the ENP in writing.

Further, the personal data reflected in the application form shall be used and processed by the ENA and their authorized officers in accordance with Republic Act No. 10173 or the “Data Privacy Act of 2012.”

§9. Jurisdiction of ENPs.

Once commissioned in accordance with the procedure set forth herein, the ENP shall be authorized to perform electronic notarial acts for principals located anywhere in the Philippines. The ENP shall also be authorized to perform electronic notarial acts for principals located outside the Philippines provided that the ENP is in the Philippines and the conditions under Section 5, Rule IV are met.

If the ENP is also commissioned under the 2004 Notarial Rules, they may conduct traditional in-person notarization of paper documents and instruments but only in accordance with said rules.

§10. Term.

The electronic notarial commission shall be valid for a period of two years commencing from the first day of January of the year in which the commissioning was made, unless earlier revoked or the ENP has resigned under the Rules and Rule 139 of the Rules of Court; provided that upon the granting of the electronic notarial commission, the successful applicant shall be duly authorized to commence and perform acts of an ENP effective from the date of their commission; provided, further, that in the event the electronic notarial commission is granted at any time after the first day of January of the first year of the commission, the remaining period from the date of commission to the end of such year shall be nevertheless calculated and considered as one full year.

§11. Renewal of Commission.

An ENP may submit an application for renewal of their electronic notarial commission to the ENA within 30 days prior to the expiration thereof.

To facilitate renewal, applicants shall only be required to file an electronic application form with the ENA that shall contain the following:

• a. the Supreme Court-accredited ENF(s) that the applicant uses to perform electronic notarial acts;

• b. the email address and telephone number(s) of the ENP;

• c. the address of the ENP’s current residence and place of business;

• d. proof of payment for the renewal of the ENP’s electronic notarial commission as required by the Rules, including proof of payment of the professional tax for the current year;

• e. a written undertaking confirming that the applicant shall execute electronic notarial acts strictly in accordance with the Rules;

• f. a written undertaking confirming that the applicant shall comply with the Electronic Notarization Data Sharing Guidelines;

• g. a copy/copies of the ENP’s existing Electronic Notarial Seal(s);

• h. proof that the ENP is a member of the Philippine Bar in good standing with clearances from the OBC and the IBP;

• i. proof of compliance with the MCLE and ULAS requirements;

• j. latest unretouched passport-size colored photograph with light background taken within 30 days of the application for renewal; and

• k. in case the ENP shall use a different ENF upon renewal of their commission, a certification issued by the ENF provider that the applicant has viewed the on-demand instructional video on using the ENF.

The application shall be submitted to the ENA through their dedicated email address for renewal of commission.

Failure to submit said application will result in the automatic removal of the name of the ENP in the directory of ENPs and denial of access to the ENF(s) on the day immediately succeeding the expiration date of the applicant’s commission. The ENP thus removed from the directory of ENPs may only be reinstated after the issuance of a new electronic notarial commission obtained through a new application therefor in accordance with the Rules.

§12. Action on Application for Renewal of a Commission.

The ENA shall, upon payment of the fee mentioned in Section 7 of this Rule, act on any application for renewal of a commission within 15 days from receipt thereof. If the application is denied, the ENA shall state the reasons therefor.

RULE VII ELECTRONIC NOTARIZATION FACILITY

§1. Accreditation of ENF.

To ensure the integrity of the technologies used in the performance of electronic notarial acts and for the protection of the interests of the public, the ENP may only use Supreme Court-accredited ENF in the performance of electronic notarial acts.

The Supreme Court shall issue the corresponding guidelines on accreditation, which shall include the process and specific information relating to accreditation.

§2. General Features of the ENF.

To qualify for accreditation, the ENF should have the following general features:

• a. allows the performance of both IEN and/or REN for every notarial act as defined in this Rules;

• b. possesses e-KYC mechanisms that are consistent with the pertinent issuances of the BSP;

• c. possesses MFA mechanism, such as but not limited to facial recognition, biometrics, OTP, and such other technology or identity verification mechanism that are consistent with the pertinent issuances of the BSP;

• d. possesses liveness detection, anti-spoofing technology, or such other technology capable of detecting a presentation attack and of determining whether the person virtually appearing before the ENP through the ENF is a live person and not a spoof;

• e. allows the creation and affixing of

(In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.)

• • (i) electronic signature and Electronic Notarial Seal of the ENPs and

  • (ii) electronic signatures of principals and witnesses;

• f. allows secure uploading, downloading, viewing, and transmission of electronic documents—including, but not limited to electronically notarized documents, identification cards, and proof of authority to sign in a representative capacity—before, during, and after the notarial act;

• g. allows all parties to view electronic documents simultaneously and affix their electronic signatures and electronic seal in real time;

• h. allows the parties, in the performance of REN, to communicate with each other simultaneously by sight and sound through videoconference with a minimum resolution of 1280 x 720 pixels (HD) and informs all users that the minimum required internet speed for electronic notarization is 2 mbps per user;

• i. possesses geolocation functionality and is capable of identifying and disabling the use of VPNs or other technology calculated to alter the actual location of the users in the performance of REN;

• j. prevents the ENP from using the ENF to perform electronic notarial acts outside the Philippines except limited extraterritorial performance thereof under Section 5, Rule IV;

• k. allows the principal(s) to create and download the audiovisual recordings of the performance of REN;

• l. where applicable, prompts all parties that the performance of REN shall be recorded;

• m. prompts all parties that their personal information shall be collected and processed in accordance with Republic Act No. 10173 or the “Data Privacy Act of 2012” and shall be shared with the Supreme Court in accordance with the Electronic Notarization Data Sharing Guidelines;

• n. allows the creation and maintenance of an Electronic Notarial Book, which shall be automatically populated in chronological order, properly referenced, and indexed by the ENF upon completion of an electronic notarial act with the required details under Section 2, Rule VIII;

• o. possesses storage and retention facilities for electronically notarized documents, Electronic Notarial Books, and the audiovisual recordings of the performance of REN;

• p. is capable of integration with the Supreme Court Central Notarial Database for purposes of

(In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.)

• • (i) automatic transmission of electronically notarized documents;

  • (ii) automatic submission or syncing of the Electronic Notarial Book; and

  • (iii) verification of ENPs and ENFs credentials after the Transitional Period as defined in the Rules;

• q. is capable of converting or producing electronically notarized documents in PDF/A format or in such format that is compliant with ISO standards and appropriate for long-time archiving;

• r. facilitates digital payments and issuance of electronic official receipts for the performance of electronic notarial acts;

• s. adopts technological security measures that are considered tamper-evident, such as but not limited to end-to-end encryption, as certified and declared acceptable by the Supreme Court, including digital infrastructure used by the government;

• t. possesses a system or mechanism for verifying or validating whether an electronically notarized document is authentic or is otherwise tampered with;

• u. restricts access of ENPs with expired, canceled, or revoked commissions and access of principals and witnesses with expired or invalid competent evidence of identity;

• v. maintains a back-up of all Electronic Notarial Books in a separate database, which must be updated in real time;

• w. complies with Republic Act No. 10173 or the “Data Privacy Act of 2012” and is duly registered with the National Privacy Commission (NPC);

• x. provides comprehensive instructional materials on how to navigate and troubleshoot the ENF and certifies whether the individual applying for an electronic notarial commission has studied said instructional materials;

• y. guarantees 99.9% uptime except for maintenance operations; provided that advance notice shall be given to all stakeholders prior to the conduct of maintenance operations, including the duration of the same;

• z. allows the ENA or any other officer authorized by the Supreme Court to access information relating to the ENP’s commission and the electronically notarized documents, subject to the provisions of the Electronic. Notarization Data Sharing Guidelines; and

• aa. provides such other support facilities and features that may be required by the ENA or the Supreme Court through suppletory issuances.

§3. One Account per ENF.

The ENP shall maintain only one account per ENF, but the ENP may utilize as many accredited ENFs as desired.

RULE VIII ELECTRONIC NOTARIAL BOOK

§1. Form of Electronic Notarial Book.

An ENP shall keep, maintain, protect, and provide for lawful inspection, as provided in the Rules, a chronological official register of notarial acts in electronic form to be known as the Electronic Notarial Book, which shall be integrated into the ENF used by the ENP. An ENP shall keep only one active Electronic Notarial Book per ENF but is required to keep a duplicate copy thereof.

§2. Entries in the Electronic Notarial Book.

• a. The Electronic Notarial Book shall contain the following information corresponding to each notarial act executed in accordance with the Rules:

(In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.)

• • i. the electronic notarial act executed;

  • ii. the date and time of said electronic notarial act;

  • iii. the title or description of the notarized electronic document;

  • iv. the name and address of each principal;

  • v. the name and address of each witness participating in the electronic notarial act, if any;

  • vi. the competent evidence of identity used by each principal and witnesses, if any, participating in the electronic notarial act;

  • vii. the fee charged for the electronic notarial act;

  • viii. a statement to the effect that the electronic notarial act was executed while all parties concerned were situated within the Philippines or in a Philippine embassy, consular office, or office of Philippine Honorary Consul abroad in cases of limited extraterritorial performance of electronic notarial acts;

  • ix. the mode of notarization, i.e., whether IEN or REN; and

  • x. any other circumstances the ENP may deem significant.

• b. The ENP shall record in the Electronic Notarial Book the reasons and circumstances for not completing an electronic notarial act.

• c. The ENP shall record in the Electronic Notarial Book the circumstances of any request to inspect or copy an entry therefrom, including the requesting party’s name, address, electronic signature, competent evidence of identity, and stated lawful purpose. The reasons for refusal to allow inspection or copying of an entry in the Electronic Notarial Book shall also be recorded.

• d. The ENP shall ensure that the entry number in their Electronic Notarial Book corresponds to that indicated in each electronic document executed, sworn to, or acknowledged before them.

• e. In case of a protest of any electronic draft, bill of exchange, or promissory note, the ENP shall make a full and true record of all proceedings in relation thereto and shall note therein whether the demand for the sum of money was made by whom, when, and where; whether they presented such draft, bill, or note; whether notices were given, to whom, and in what manner; where the same was made, when and to whom and where directed; and of every other fact touching on the same.

§3. Reportorial Requirement During the Transitional Period.

During the Transitional Period, the ENP shall forward to the ENA, through its dedicated email address, a certified electronic copy of the Electronic Notarial Book with the month’s entries and copies of the corresponding notarized electronic documents within the first 10 days of the month immediately following. If there is no entry to certify for the month, the ENP shall forward a statement to this effect in lieu of certified copies herein required.

§4. Electronic Signatures.

At the time of the notarization, the Electronic Notarial Book shall be electronically signed by each principal using the ENF.

§3. Inspection, Copying, and Disposal.

• a. Any person may physically or virtually inspect or request to reproduce an entry in the Electronic Notarial Book during regular business hours, provided as follows:

  • i. The identity of the requesting party is proven through competent evidence of identity;

  • ii. The requesting party affixes their electronic signature in the Electronic Notarial Book in a separate and dated entry;

  • iii. The requesting party specifies the month, year, type of electronic document, and name of the principal(s) and/or the witnesses for the electronic notarial act(s) sought;

  • iv. The requesting party shall disclose the purpose for the request for inspection, copying, or disposal; and

  • v. Only the entry specified by the requesting party shall be shown.

• b. For purposes of this Section, “physically request or inspect” shall mean physically appearing before the ENP to request an inspection and/or copying of the entries in the Electronic Notarial Book, while “virtually request or inspect” shall mean coursing the request to inspect or copy the entries of the Electronic Notarial Book through the ENF.

• c. The Electronic Notarial Book shall be examined by a law enforcement officer in connection with an official investigation and only by virtue of a court order.

• d. If the ENP has a reasonable ground to believe that the requesting party has a criminal intent or wrongful motive in requesting information from the Electronic Notarial Book, the ENP may deny access to any entry.

• e. The requesting party shall remain bound by confidentiality rules under prevailing laws, such as, but not limited to, Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012,” and Republic Act No. 8293, otherwise known as the “Intellectual Property Code of the Philippines.”

§6. Loss, Destruction, or Damage of Electronic Notarial Book.

• a. In case the Electronic Notarial Book is lost, destroyed, damaged, altered, or otherwise rendered unusable or illegible as a record of electronic notarial acts, the ENP shall, within 72 hours upon knowledge thereof, inform the NPC, such other appropriate law enforcement agency, the ENA, and the principal(s), witness(es) participating in the electronic notarial act, or data subjects of such incident. The ENP shall notify the ENA through their dedicated email address for reports of loss, destruction, or damage of Electronic Notarial Books by providing a proper receipt or acknowledgment and copy or number of any pertinent police report, personal data breach notification report, or any other appropriate supporting documents.

  • The failure of the ENP to notify the NPC, the principal(s), the witness(es), or data subjects, and the ENA in accordance with the Rules shall be penalized in accordance with the provisions of Republic Act No. 10173, otherwise known as the “Data Privacy Act 0f 2012,” and by the Supreme Court.

• b. Upon revocation or expiration of the electronic notarial commission or resignation of the ENP, the Electronic Notarial Book and other notarial records shall immediately be forwarded to the ENA through their dedicated email address for surrender of records.

§7. Issuance of Certified True Copies.

The ENP shall supply a certified true copy of the notarial record or any part thereof to any person applying for such copy upon payment to the ENP of the appropriate fees to be prescribed by the Supreme Court, subject to the conditions set forth under Section 5 of this Rule.

§8. Compliance with Data Privacy Laws.

The ENP and the ENF shall comply with Republic Act No. 10173 or the “Data Privacy Act of 2012” and ensure that appropriate security measures are in place to protect the rights of the data subjects whose personal information and/or sensitive personal information are processed through the ENF and/or stored in the Electronic Notarial Book.

RULE IX ELECTRONIC SIGNATURE AND ELECTRONIC NOTARIAL SEAL

§1. Official Electronic Signature and Electronic Notarial Seal.

In performing an electronic notarial act, the following components shall be attached to, or logically associated with, the electronic document by the ENP:

• a. The official electronic signature of the ENP; and

• b. The Electronic Notarial Seal, as defined under Section 4, Rule I of the Rules, which shall use the font style “Times New Roman” and font size 12 and measure 1.5 inches by 3 inches and be of the following general appearance:

§2. Electronic Signature and Electronic Notarial Seal Exclusively for Official Acts.

The ENP’s electronic signature, in conjunction with the seal, shall be used only for the purpose of performing electronic notarial acts authorized under the Rules.

The ENP’s electronic signature and seal shall be affixed only at the time an electronic notarial act is performed.

§3. Submission of Electronic Notarial Seal to the ENA.

A visual representation of the Electronic Notarial Seal of the ENP as generated by the ENF shall be submitted to the ENA prior to its use.

§4. One Electronic Notarial Seal per ENF Account.

Every ENP shall have one Electronic Notarial Seal, which shall be affixed to a notarized electronic document. Should the ENP utilize more than one ENF, they shall have only one Electronic Notarial Seal per ENF.

RULE X ELECTRONIC NOTARIAL CERTIFICATES

§1. Form of Electronic Notarial Certificate.

The Electronic Notarial Certificate used for any document sought to be notarized shall conform to all requisites prescribed herein, the Rules of Court, and all other provisions or issuances by the Supreme Court and applicable laws.

§2. Contents of the Concluding Part of the Electronic Notarial Certificate.

The Electronic Notarial Certificate shall include the following:

• a. the ENP’s name exactly as stated on the notarial commission issued in accordance with Section 6, Rule VI of the Rules;

• b. the ENP’s Roll of Attorneys number;

• c. the words “Electronic Notary Public”;

• d. the word “Philippines”;

• e. the commission number of the ENP;

• f. the validity of the term of the ENP’s commission;

• g. the ENP’s professional tax receipt number and the place and its date of issuance;

• h. the ENP’s IBP membership number;

• i. the ENP’s email address;

• j. the address of the ENP’s regular place of work or business;

• k. the ENP’s compliance with the MCLE and ULAS requirements, including the date of its compliance; and

• l. the mode of electronic notarization, i.e., IEN or REN.

RULE XI DEATH, RESIGNATION, AND REVOCATION OF THE COMMISSIONS OF ENPs

§1. Death of an ENP.

Any person may notify the ENA of the death of an ENP.

§2. Resignation.

An ENP may resign their commission by electronically submitting a signed and dated formal notice to the ENA through their dedicated email address. Effective from the date indicated in the notice, they shall immediately cease to perform notarial acts. If no date is specified, it shall be deemed effective as of the date of receipt of notice by the ENA.

§3. Revocation and Administrative Sanctions.

• a. The ENP’s commission may be revoked or the ENP may otherwise be subject to appropriate administrative sanctions based on the following grounds:

(In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.)

• • i. reasons for which an application may be denied;

  • ii. failure to make proper entries in the Electronic Notarial Book concerning the performance of electronic notarial acts;

  • iii. failure to require the physical or virtual presence of a principal and/or any witness at the time of the performance of the notarial act, depending on whether IEN or REN was adopted as modality;

  • iv. execution of a false or incomplete Electronic Notarial Certificate;

  • v. performance of an electronic notarial act

(In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.)

• • • (a) when the ENP is not geolocated/situated within the Philippines, or Philippine embassy, consular office, or office of Philippine Honorary Consul abroad; or

    • (b) when the ENP has good reason to believe that the transaction is unlawful or immoral; and

  • vi. performance or failure to perform any other act prohibited or mandated by the Rules.

• b. A party seeking the revocation of the ENP’s commission may file a verified complaint with the ENA. The ENA shall furnish the ENP a copy of the verified complaint and require the ENP to submit their verified answer within 15 days from notice.

• c. If the answer of the ENP is not satisfactory, the ENA shall conduct a summary hearing. If the allegations of the complaint are not proven, the complaint shall be dismissed. If the charges are duly established, the ENA shall prepare a report recommending the imposition of the appropriate administrative sanctions. The report of the ENA shall be submitted to the Supreme Court for its appropriate action. In the interim, the ENA may suspend the notarial commission of the ENP after summary hearing if they find that the ENP committed a violation of the Rules.

• d. The ENA may motu proprio initiate administrative proceedings against an ENP, subject to the procedures prescribed in paragraphs (b) and (c) above, and recommend the imposition of appropriate administrative sanctions.

§4. Termination of ENF Access.

The ENA shall immediately notify the ENF provider(s) of the resignation of the ENP, revocation of the electronic notarial commission, or death of the ENP and order the termination of the ENP’s access to the ENF. The ENF provider(s) shall forthwith transmit to the ENA all the remaining data pertaining to the ENP’s account.

RULE XII MISCELLANEOUS PROVISIONS

§1. Fees of ENP.

The fees charged for electronic notarial services shall be in accordance with any guide on notarial fees as may be issued by the Supreme Court unless the ENP waives the fee in whole or in part. The ENP may charge reasonable or proportionate telecommunication and other incidental expenses incurred in addition to the notarial fees prescribed under such guide.

§2. Storage and Retention.

The ENP shall store and retain the contents of the Electronic Notarial Book and copies of the notarized document for the duration of their commission or for a longer period as may be directed by a court of competent jurisdiction. These records shall be managed in accordance with law and stored in secure servers, cloud or on-premise, with firewall, encryption, and other technical security measures as may be approved by the Supreme Court.

The duplicate Electronic Notarial Book required under Section 1, Rule VIII of the Rules shall also be stored and retained by the ENP until the expiration of their ENP commission.

§3. Punishable Acts.

The ENA shall cause the prosecution or the filing of administrative action against any person who

• a. knowingly acts or otherwise impersonates an ENP;

• b. knowingly falsifies, obtains, conceals, defaces, or destroys the Electronic Notarial Seal, Electronic Notarial Book, or official records of an ENP; or

• c. knowingly tampers with, alters, or otherwise circumvents the effective technological measures placed by the ENP or the ENF to secure the Electronic Notarial Seal, the Electronic Notarial Book, or the notarized electronic document;

• d. knowingly solicits, coerces, influences, or in any way misleads an ENP to commit official misconduct;

• e. uses programs and extensions, such as VPN, to change the actual location of a party to the notarial act at the time of notarization; and

• f. provides an ENF without a valid and subsisting Certificate of Accreditation.

§4. Subsequent Amendments.

The Supreme Court shall issue such Rules as may be appropriate or necessary to adapt to developments on available technology.

§5. Simultaneous Application.

In view of the separation of regimes provided under Section 2, Rule I of the Rules, qualified persons can simultaneously perform electronic and traditional notarization, provided they have distinct and separate commissions for both.

§6. Repealing Clause.

AM. No. 20-07-04-SC or the 2020 Interim Rules on Remote Notarization of Paper Documents is hereby repealed.

§7. Confidentiality Clause.

The ENP shall keep confidential the terms and contents of documents electronically notarized before them, and a disclosure of the terms of any documents to other persons shall not be permitted except as compelled by competent courts or to individuals who shall request for a certified true copy thereof in accordance with the Rules. In no event will the ENP or their heirs, assigns, or representatives make or cause to be made any comment, written statement, or press release to any member of the media concerning the substance or terms of any document notarized before them.

§8. Disclosure of Information.

Notwithstanding the provision on confidentiality, the ENP and/or the ENF shall provide information obtained in the electronic notarization process only upon the issuance of a court order issued by a competent authority or in compliance with any law obligating the ENP and/or the ENF to disclose such information in accordance with the provisions of Republic Act No. 10173 or the “Data Privacy Act of 2012.”

§9. Effectivity.

The Rules shall take effect within 15 days following its complete publication in the Official Gazette or in two newspapers of general circulation in the Philippines. It shall also be uploaded to the website of the Supreme Court.