2020 Interim Rules on Remote Notarization of Paper Documents

Section 1

If the instrument or document subject of the notarial act in Rules II and III bears the signatures of parties who acted as witnesses to the execution thereof, the principal shall provide by personal or courier service two (2) copies of any competent evidence of identity, as defined herein, of the witnesses not personally known to the notary public. The copies of the witnesses' competent evidence of identity shall also be placed in the sealed envelope wherein the instrument or document is placed. In cases where the principal chooses to cause the delivery of the sealed envelope through courier service, he or she shall be required to furnish the notary public with the details necessary to track its delivery once these details become available.

Section 2

The witnesses shall be present during the videoconference to be conducted by the notary public pursuant to Rules II and III. During the videoconference, in addition to the matters set forth in Rule II (in case of acknowledgment) or Rule III (in case of affirmation, oath, or jurat), the notary public shall: a) require the witnesses to confirm their respective identities by exhibiting to the notary public the originals of their competent evidence of identity; b) require the witnesses to confirm their respective locations to the satisfaction of the notary public by showing their geolocation through an application with GPS capabilities or by showing the notary public identifiable landmarks or buildings within their respective vicinities; c) determine whether the witnesses are in fact disinterested and unaffected parties to the instrument or document by asking searching questions; d) require each witness to confirm that every signature in the instrument or document purporting to be that of the said witness belongs to him or her and that it was voluntarily affixed thereon; e) require each witness to declare that he or she personally witnessed the principal signing the instrument or document or affixing his or her thumbmark or other mark thereon freely and voluntarily; and f) review the video clip submitted by the principal to verify that the witnesses actually saw the principal sign or affix his or her thumbmark or other mark on the instrument or document as represented.