SC greenlights e-notarization, approves landmark rules

The Supreme Court has taken a major step toward modernizing the legal system by approving the Rules on Electronic Notarization, a landmark reform that integrates technology into notarial services to enhance accessibility and efficiency across the country. This initiative is a crucial part of the Strategic Plan for Judicial Innovations (SPJI) 2022-2027, reinforcing the Supreme Court’s commitment to digital transformation and expanded access to justice.

The newly approved rules, outlined under A.M. No. 24-10-14-SC, introduce Electronic Notaries Public, granting them the authority to perform notarial acts for individuals located anywhere in the Philippines and, in specific cases, even abroad. This reform addresses a long-standing limitation under the 2004 Rules on Notarial Practice, which previously restricted notaries public to their territorial jurisdictions. By removing these geographical constraints, the Supreme Court is ensuring that notarial services become more widely accessible, particularly for individuals in remote or underserved areas.

The new framework provides three modes of electronic notarization: in-person electronic notarization, remote electronic notarization, and a hybrid approach that combines both. In the in-person method, all parties, including the notary and witnesses, must be physically present at the same location while utilizing an accredited electronic notarization facility. In contrast, the remote method allows participants to connect virtually via videoconferencing, enabling notarization from different locations while maintaining strict security protocols.

To safeguard the integrity of electronic notarization, the Supreme Court has mandated the use of multi-factor authentication, including facial recognition, biometric verification, and one-time passwords, in compliance with the Bangko Sentral ng Pilipinas' regulations. The electronic notarial book, which will serve as the official record of electronic notarizations, will be secured against tampering. Additionally, all electronically notarized documents will be stored in accredited facilities and protected under the Data Privacy Act to ensure confidentiality and prevent unauthorized access.

The rules apply exclusively to electronic documents in Portable Document Format (PDF) or Portable Document Format Archival (PDF/A). Paper documents with handwritten signatures, notarial wills, and depositions will continue to follow the traditional 2004 Notarial Rules.

The implementation of electronic notarization is set to take effect 15 days after its publication on 9 March 2025. This marks the beginning of a transitional period during which the Supreme Court will establish the Office of the Electronic Notary Administrator, which will oversee the commissioning of electronic notaries public and the accreditation of notarization facilities. A nationwide repository, known as the Supreme Court Central Notarial Database, will also be developed to store all electronically notarized documents and enhance record-keeping efficiency.

The Supreme Court initially explored the possibility of remote notarization in 2020 when it introduced the Interim Rules on Remote Notarization of Paper Documents as a temporary response to the legal challenges posed by the COVID-19 pandemic. Recognizing the long-term need for a permanent solution, the Court formed a Technical Working Group led by Associate Justice Alfredo Benjamin S. Caguioa as Chairperson and Associate Justice Ramon Paul L. Hernando as Vice-Chairperson. The group conducted extensive research, studied international best practices, and engaged in consultations with government agencies and technology experts before finalizing the Electronic Notarization Rules.

These efforts culminated in the Supreme Court's approval of the new regulations on 4 February 2025 signaling a new era of modernization in the Philippine legal system.