SC Approves Rules on Electronic Notarization, Advancing Digital Innovation and Access to Justice

March 09, 2025    

The Supreme Court (SC) has taken an important step towards modernizing legal processes by approving the Rules on Electronic Notarization (E-Notarization Rules) – a significant reform that leverages technology to make notarial services more accessible and efficient nationwide.

As part of the Strategic Plan for Judicial Innovations (SPJI) 2022-2027, this initiative aligns with the SC’s commitment to innovation and expanded access to justice by allowing notarization for electronic documents, including remote notarization through accredited software applications. This reform supplements the traditional mode of notarization under the 2004 Rules on Notarial Practice (2004 Notarial Rules) and marks a key milestone in the SC’s ongoing digital transformation.

Under A.M. No. 24-10-14-SC, the SC En Banc approved the E-Notarization Rules and the Guidelines on the Accreditation of Electronic Notarization Facility Providers (Accreditation Guidelines). These rules introduce Electronic Notaries Public (ENPs), who are authorized to perform notarial acts for individuals located anywhere in the Philippines and, in certain cases, even abroad. 

This expanded jurisdiction addresses a key limitation of the 2004 Notarial Rules, where traditional notaries public were restricted to performing notarizations only within their territorial jurisdiction. By allowing ENPs to provide services across the country, the new rules ensure greater accessibility, particularly for those in remote or underserved areas.

The updated framework enables three forms of electronic notarization: In-Person Electronic Notarization (IEN), Remote Electronic Notarization (REN), or a mix of both, utilizing accredited applications or software tailored for electronic notarization (Electronic Notarization Facilities or ENF). In IEN, both principals and witnesses must be physically present with the ENP, using the ENF within the same location, whereas in REN, they connect virtually to the ENP via videoconferencing.

To enhance security, the E-Notarization Rules implements Multi-Factor Authentication (MFA) such as facial recognition, biometrics, and one-time passwords, in compliance with regulations set by the Bangko Sentral ng Pilipinas.  The integrity of the electronic notarial book, or the register showing the chronological record of electronic notarial acts, is also safeguarded against tampering. Additionally, all data stored in the ENFs are protected under the Data Privacy Act.

The E-Notarization Rules applies 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 2004 Notarial Rules.

The E-Notarization Rules takes effect 15 days after its publication on March 9, 2025. The effectivity of the E-Notarization Rules paves the way for the creation of the Office of the Electronic Notary Administrator (ENA) which shall be responsible for the commissioning and supervision of ENPs, as well as the accreditation of ENFs. A transitional period will follow during which time the SC Central Notarial Database, a nationwide repository for electronically notarized documents, will be established.

The SC first introduced remote notarization in 2020 through the Interim Rules on Remote Notarization of Paper Documents, a temporary measure to address legal needs during the COVID-19 pandemic. Recognizing the need for a permanent solution, the SC formed a Technical Working Group (TWG) led by Associate Justice Alfredo Benjamin S. Caguioa as Chairperson and Associate Justice Ramon Paul L. Hernando as Vice-Chairperson. The TWG conducted extensive studies, benchmarked best practices from other jurisdictions, and consulted stakeholders, including government agencies and technology experts, before finalizing the E-Notarization Rules, which was approved on February 4, 2025. (Press release courtesy of the Office of Associate Justice Alfredo Benjamin S. Caguioa and the SC Office of the Spokesperson)

Read the full text of the E-Notarization Rules and the Accreditation Guidelines at: https://sc.judiciary.gov.ph/24-10-14-sc-rules-on-electronic-notarization/