Electronic notarization

Electronic notarization | Daily Tribune

As I wrote quite some moons ago, notarization entails personal appearance before a notary. I am sure not everyone knows that. When a document needs notarization, like a deed of sale over real property, for instance, the parties must actually sign and attest before the notary that their act is voluntary. That is the essence of notarization. Not only must the notary be able to ascertain the identity of the parties, but they must also determine the voluntariness of their act.

Without personal appearance, there is no way for the notary to do that. Others contend that an identification card can be presented without the actual appearance. But the notary will have no way of checking voluntariness. What if the parties were coerced? Worse, what if the parties are no longer alive, and only their identification cards are presented? That is why, in our office, we strictly adhere to the personal appearance rule. We do not agree to blindly notarizing pre-signed documents and ascertaining identities only through identification cards.

Many parties find this inconvenient, though. They never thought that actual presence is necessary. Rather, they are somewhat familiar with the practice of just pre-signing and sending their government-issued identification cards. They cringe at the idea of having to go all the way to the office of the notary and swear before them. What if parties are in Makati and Quezon City? Do you think they would be happy to appear before a notary in Tagaytay at 5 p.m. on a weekday? Just anticipating the horrendous traffic will already make them want to pre-sign and send IDs.

But worry not. There is a very convenient solution to that. The Supreme Court, just last month, approved A.M. 24-10-14-SC, otherwise known as the Rules on Electronic Notarization. This provides a very convenient way of notarizing documents. Only virtual appearance is required. Thus, its Section 1, Rule III provides that “REN (remote electronic notarization) requires the virtual appearance of the principal and witnesses, if any, before the ENP (electronic notary public).

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.”

Picture this: If you are a party to a deed of sale that needs notarization, you can actually have it electronically notarized while staying in the comfort of your home. The notary and the other party can likewise be somewhere else. See how easy it is? Say goodbye to traffic. No need to fret about being late for the appointment.

We do not agree to blindly notarizing pre-signed documents and ascertaining identities only through identification cards.

Talk about territory. The electronic notary public can notarize a document for parties anywhere in the Philippines. They are unlike the usual notary public, who can only notarize within their commission. By commission, it is usually meant the city where they hold office. Beyond that, they cannot. To add to this convenience, an electronic notary public can even have extra-territorial powers; meaning, they can notarize a document for parties who are abroad. The only requirement is that the parties abroad must be in a Philippine territory, like our embassy or consulate.

With this new rule, you need not go through the usual hassles of the ordinary process of notarization. Just chill in your house; the notary public is just a video call away.