How to set up a Remote Online Notary

Submitted by:
Ma. Victoria T. Santiago
2017-0065

Submitted to:
Atty. Erik C. Lazo
Legal Counseling and Social Responsibility
T/Th 1-4PM
Introduction/Abstract

The COVID-19 pandemic changed the lives of many. Schools and offices
went online and even the legal profession is affected by the pandemic.

Atty. Arnold M. Corporal, the President of the IBP Makati Chapter

identified various challenges faced by the legal profession in the midst of COVID-
19. Among the issues that were discussed involved health and safety, management
of financial resources, maintaining lawyers’ productivity and efficiency,
addressing clients’ concerns. 1

As lawyers keep abreast of the various government issuances, they also need
to enhance their capabilities to adjust to the drastically changed work environment.
Hence, these challenges require the lawyers to learn and adapt to return to work
protocols, alternative work and billing arrangements, videoconferencing tools and
attendance at e-hearings and e-notarization.1

The Supreme Court issued the 2020 Rules on Remote Notarization of Paper
Documents supplementing the existing 2004 Rules on Notarial Practice. The 2020
Rules on Remote Notarization of Paper Documents provide for the performance of
notarial acts, including acknowledgments, oaths and affirmations, witnessing,
marking or thumb-marking, and copy certification, even without the physical
presence normally required of the principal. Notwithstanding this, notarial acts
performed under the Rules will have the “same validity, force, effect and may be
relied upon to the same extent as any other notarial act performed under the 2004
Rules on Notarial Practice”. Hence, the Rules impose stringent additional
requirement to safeguard the integrity of the notarial process, which is the basis for
legal presumptions in favor of notarized documents.

Generally, documents for notarization under the RON Rules are first
executed by the principal. These are then delivered, in an envelope sealed with the
initials of the principal, to the notary public by personal or courier service. Copies
of the proper competent evidence of identity and, when applicable, a video clip
showing the actual execution or witnessing of the document by the principal
should be enclosed in the same sealed envelope.

In turn, the notary public is required to verify, via videoconference, the

voluntary execution of the document, as well as the presence of the principal
and/or the witnesses in the same territorial jurisdiction of the court that issued the
notary’s commission. This is consistent with the 2004 Rules on Notarial Practice,
which limits the authority of notaries public to the said jurisdiction. These facts,
among others, must be included in the notarial certificate appended to the
document. Photographs or screenshots of the videoconference, containing required
elements such as time and date stamps, must also be produced and attached to the
notarial register and the two (2) copies retained by the notary public.

In addition to the regular notarial fees, principals are to shoulder the

expenses for the reproduction, delivery, and retrieval of the documents.
Discussion/Review of Related Literature

The 2020 Interim Rules on Remote Notarization of Paper Documents was

recently issued by the Supreme Court allowing notarization of paper documents
and instruments with handwritten signatures or marks through the use of
videoconferencing facilities 3. Any notarial act performed via videoconferencing
facilities pursuant to the Interim Rules shall have the same validity, force and
effect and may be relied upon to the same extent as any other conventional notarial
act. 4 However, these Rules shall not apply to the execution of notarial wills. 3

This Rule is applicable to the cases where the notary public or at least one of
the principals resides, holds office, or is otherwise situated in a locality that is
under community quarantine due to COVID-19, as directed by the Inter-Agency
Task Force for the Management of Emerging and Infectious Diseases (IATF), the
provincial governors with regard to component cities and municipalities, or mayors
of cities and municipalities with regard to barangays, both governors and mayors
having the concurrence of the relevant regional counterpart body of the IATF. 3 All
parties must be located within the Territorial Jurisdiction of the Notary Public
during the Videoconference. All notarial acts under the Rules can only be
performed by the notary within the territorial jurisdiction of the court which issued
the notary public’s commission. The notary public, as well as the principals and
witnesses, if any, must all be located within the territorial jurisdiction of the notary
public’s commission during the videoconference. 5

This can be performed by a notary public with a valid and existing notarial
commission issued under the 2004 Rules on Notarial Practice can perform the
notarial acts authorized by these Rules. 3 If you have a valid and existing notarial
commission, you can now proceed to the setting up of a Remote Online Notary.

Under the Interim Rules, instead of personal appearance, the principal may
send the instrument or document requiring notarial act to the notary public by
either personal or courier service. Note that the document or instrument must be
integrally complete, bear the handwritten signature of the principal, and be placed
in an envelope sealed with the initials of the principal. The principal is required to
enclose therein two copies of any competent evidence of identity if he/she is not
personally known to the notary public. Apart from the document to be notarized,
the principal shall also submit either a CD or USB containing a video clip of the
him/her signing the document. Said video clip may also be sent by e-mail or any
other means of digital communication.4

Upon receipt of the document or instrument requiring acknowledgment,

oath, affirmation, or jurat, the notary public shall schedule a videoconferencing
session where he/she will perform the notarial act in accordance with the Interim
Rules with the objective of confirming the location, identity and signature of the
principal, comparing the principal’s signatures, verifying that he/she actually
signed the instrument or document as represented, and requiring him/her to declare
that he/she has executed the instrument or document as his/her free and voluntary
act and deed or to confirm that he/she has read the instrument or document in its
entirety and has understood all its contents and to avow to the whole truth of the
contents thereof under penalty of law. The notary public may also ask searching
questions to assess the voluntariness of the principal in executing the document or
instrument.

If the instruments or documents subject of acknowledgment, oath,

affirmation, or jurat bear the signatures of parties who acted as witnesses to the
execution thereof, the principal shall likewise submit at least two copies of any
competent evidence of identity for each witness, if the witness is not personally
known by the notary public. These witnesses shall likewise be present during the
videoconference scheduled by the notary public for the conduct of the notarial act.

Meanwhile, if the principal in the notarial acts performed under the Interim
Rules affixes a thumbmark or other mark instead of his/her signature, such mark
shall be affixed in the physical presence of two unaffected and disinterested
witnesses who shall also sign the document or instrument. In a videoconference to
be scheduled by the notary public upon receipt of the document on instrument from
the principal, the notary public shall, apart from the usual verification previously
enumerated, confirm the location, identity and signature of the witnesses, ask
searching questions to determine if they are in fact unaffected and disinterested to
the parties to the document or instrument and confirm if each of them personally
witnessed the principal affixing his/her thumbmark or other mark thereon freely
and voluntarily.

The notary public is also obliged to take a photograph or a screenshot of the

videoconference clearly showing all parties who participated in the notarial act, in
a manner prescribed by the Interim Rules. Further, the notarial register shall, in
addition to the entries required by the 2004 Notarial Rules, include an entry
indicating that the notarial act was performed through videoconference as well as
the particular videoconferencing facility used by the parties therein.4

However, The RON Rules are temporary. As stated in one of its provisions,
it presupposes the existence of a community quarantine for its applicability. As
among the few opportunities brought about by the pandemic, the Interim RON
Rules was issued out of necessity; however, a more permanent version should be
issued to keep pace with the demands of society. While modern technology
allowed transactions to be negotiated, prepared, perfected and consummated
remotely, the same technology is likewise outdating the country’s notarial process.
Considering the emergence of digitalization of transactions and the rise of Legal
Technology in the Philippines, this is an ideal time for the Supreme Court to
explore means of allowing and/or de-regulating digitally-enabled solutions to the
delivery of legal services, including notarization.

With respect to this, the Supreme Court may explore further coordination
with the DICT on viable options to fully digitize the notarial process through
blockchain technology.6
Conclusion and Recommendation

The pandemic has turned our lives upside down, sapped our resources and
even threatened our sanity. But, we should not let it unreasonably hamper the
delivery of essential legal services by constantly looking for novel ways to cope
with the present situation. The Supreme Court did just that by issuing the Interim
Rules on remote notarization.4

Setting up a Remote Online Notary requires a lot of procedure and

equipment to secure the trueness and authenticity of a Notarial Document. The
principal shoulder the regular notarial fees, reproduction, delivery, and retrieval of
documents. This process is reasonable enough to hamper the delivery of notarial
services which is essential in almost all legal proceedings.

It is the responsibility of the Supreme Court to promulgate rules that will not
delay the legal processes. Hence, it is a shared responsibility of lawyers and the
Supreme Court to delay no man and to deliver an efficient and reliable legal
proceeding in every situation that the society may face.

The remote online notarization do come with unique challenges.

Nevertheless, as this pandemic has taught the legal profession, the same is as
resilient and capable as ever. The Supreme Court can rely on the cooperation of the
member of the bar and relevant government agencies. In fact, the Interim RON
Rules, although temporary, is a breakthrough for remote notarization in the
Philippines and a welcome step towards the right direction. 6
References

1 The Impact of the COVID-19 Pandemic on the Legal Profession ACCRALAW

https://accralaw.com/2020/05/22/the-impact-of-the-covid-19-pandemic-on-the-
legal-profession/

2 Supreme Court issues 2020 Interim Rules on Remote Notarization of Paper

Documents Cruz Marcelo & Tenefrancia https://cruzmarcelo.com/supreme-court-
issues-2020-interim-rules-on-remote-notarization-of-paper-documents/

3 2020 Interim Rules on Remote Notarization of Paper Documents A.M. No. 20-
07-04-SC https://sc.judiciary.gov.ph/12490/

4 Remote Notarization DivinaLaw

https://www.divinalaw.com/dose-of-law/remote-notarization/

5 2020 Interim Rules on Remote Notarization Platon Martinez Law

https://platonmartinez.com/articles/2020-interim-rules-on-remote-notarization

6 Interim Rules on Remote Notarization and the Future of Remote Online

Notarization in the Philippines VAL LAW https://val.law/interim-rules-on-remote-
notarization-and-the-future-of-remote-online-notarization-in-the-philippines/