Supreme Court Approves the Rules on Electronic Notarization

On 04 February 2025, the Supreme Court approved Administrative Matter No. 24-10-14-SC or the Rules on Electronic Notarization (“Rules”). The Rules became effective on 24 March 2025 which is fifteen (15) days after its publication on 09 March 2025. The Rules govern the electronic notarization of electronic documents through In-Person Electronic Notarization (“IEN”) and Remote Electronic Notarization (“REN”). Under the Rules, notarization of paper documents with handwritten signatures shall continue to be governed by the 2004 Rules on Notarial Practice (“2004 Rules”). 

The Rules provided for two kinds of electronic notarization: IEN and REN. IEN, as defined by the Rules, refers to the “notarization of electronic documents through the use of an accredited Electronic Notarization Facility (“ENF”) where the principal and/or their witnesses, if any, physically appears before the Electronic Notary Public (“ENP”).” On the other hand, REN refers to the “notarization of electronic documents through the use of an accredited ENF where the principal and/or their witnesses, if any, virtually appears before the ENP.” The difference is in the manner of appearance of the principal and/or witness but both deal with the notarization of electronic documents. 

Moreover, the Rules also allowed for the performance of electronic notarial acts for a principal located outside the Philippines in what is called “limited extraterritorial performance.” It is limited because at the time of the performance, the principal should be within the premises of any of the embassies of the Philippines, Philippine consular offices, or offices of Philippine Honorary Consuls abroad. 
Further, the Rules provided for the designation of an Electronic Notary Administrator (“ENA”) whose primary responsibilities are the commissioning and supervision of ENPs. The ENA shall be under the direct supervision of the Supreme Court. As of date, the Supreme Court has yet to appoint the ENA.