2020 Interim Rules on Remote Notarization

On 14 July 2020, the Supreme Court issued the 2020 Interim Rules on Remote Notarization (A.M. No. 20-07-04-SC), which took effect on 16 August 2020 (“Rules”).

Limited to Handwritten Signatures or Marks; Execution of Wills Excluded

The Rules are limited to the notarization of paper documents and instruments with handwritten signatures or marks through the use of videoconferencing facilities. The Rules are not applicable to documents with electronic signatures.

The Rules do not apply to the execution of notarial wills.

Only for Localities Under Community Quarantine

The Rules are only applicable 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 (ECQ, MECQ, GCQ, MGCQ).

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.

Process for Acknowledgment, Affirmation, Oath or Jurat

1. The principal sends to the notary, by personal or private courier service, an envelope sealed with the initials of the principal. The sealed envelope contains the following:
   1. The document or instrument bearing the handwritten signature of the principal.
   2. Two (2) copies of any competent evidence of identity, if the principal is not personally known to the notary.
   3. If signing in a representative capacity, two (2) certified copies of the document granting the principal the authority to sign.
   4. A CD or USB containing a short video clip showing the principal actually signing the document or instrument. Such video clip can also be sent via e-mail or other means of digital communication.
2. Upon receipt of the sealed envelope, the notary will schedule a videoconference with the principal, during which the notary public shall:
   1. Require the principal to confirm his/her identity.
   2. Require the principal to confirm his/her location to the satisfaction of the notary public. This can be done by GPS or by showing the notary identifiable landmarks or buildings.
   3. Open the sealed envelope in full view of the principal and require him/her to confirm that the instrument or document is the same document that was caused to be delivered to the notary.
   4. Require the principal to affix his/her signature on a blank piece of paper within the full view of the notary for comparison with the signature appearing on the instrument or document.
   5. Require the principal to confirm that the signature at the end of the instrument or document belongs to him/her.
   6. Review the video clip to verify the act of signing.
   7. Require the principal to declare that he/she has executed the instrument or document as his/her free and voluntary act and deed, and if signing as a representative, that he/she is authorized to sign.
   8. For instruments or documents for affirmation, oath or jurat, the principal will be required to avow to the whole truth of the contents of the instrument or document under penalty of law.
3. The Notarial Certificate must indicate that the notarial act was done through the use of videoconferencing in accordance with the Rules.

Witnesses to Documents

If there are witnesses to the instrument or document, the principal must also include in the sealed envelope two (2) copies of any competent evidence of identity of each witness and a video clip of the witnesses signing the instrument or document. The witnesses shall also be present during the videoconference conducted by the notary public. During the videoconference, notary public shall:

1. Require the witnesses to confirm their respective identities.
2. Require the witnesses to confirm their respective locations by GPS or by showing the notary public identifiable landmarks or buildings within their respective vicinities.
3. Determine whether the parties are disinterested and unaffected parties by asking searching questions.
4. Require each witness to confirm that his/her signatures appearing in the document belong to him or her and that it was voluntarily affixed.
5. Require each witness to declare that he/she personally witnessed the principal signing or affixing his/her thumbmark or other mark freely and voluntarily.
6. Review the video clip to verify if the witnesses actually saw the principal signing or affixing his/her thumbmark or mark on the instrument or document.

Thumbmark or Other Marks are Valid

The Rules provide that the principal may affix his or her thumbmark in lieu of a handwritten signature. Such mark must be affixed in the physical presence of two (2) unaffected and disinterested witnesses who shall sign their own names in addition to the principal’s mark.

The process for the sealed envelope and videoconference will be the same but instead of the notary asking about the signature, the notary will ask questions about affixing of the mark and make sure that it was done knowingly, freely and voluntarily.

Inability to Sign or Affix the Mark

Following the process for the sealed envelope and videoconference, a principal that is unable to sign or affix his/her mark can request the notary to sign on his or her behalf. After the notary has confirmed the identity of the principal and that he/she is unable to sign or affix his/her mark, the notary will sign the instrument or document within full view of the principal and two (2) unaffected and disinterested witnesses during the videoconference. Below the notary public’s signature, the following statement will be indicated: “Signature affixed by notary in the presence of (names and addresses of the principal and two [2] witnesses.”

Copy Certification

Where a notary public is asked to certify a copy of an instrument or document, copies of the instrument or document will be sent in a sealed envelope to the notary. Upon receipt of the instrument or document, the notary will schedule a videoconference for comparison and to make sure that the copies are accurate and complete.

Vital records, public records, or publicly recordable instruments or documents cannot be copy-certified.

The instrument or document that is sought to be copy-certified can also be sent via e-mail instead of personal or private courier.

Click here to read the entire text of the 2020 Interim Rules on Remote Notarization of Paper Documents.