2020 Interim Rules on Remote Notarization of Paper Documents

Section 1

All notarial acts under these Rules shall be performed by the notary public within the territorial jurisdiction of the court which issued the notary public's commission. The notary public, as well as the principals and the witnesses, if any, must be located within the territorial jurisdiction of the notary public's commission during the videoconference required in Rules II (in case of acknowledgment), III (in case of affirmation, oath, or jurat), IV (in cases where the signatures of witnesses appear in the instrument or document), and V (in cases where a thumbmark or other mark is affixed in lieu of a signature or when the notary public signs on behalf of the principal) of these Rules. During the videoconference required in Rule VI (in case of copy certification), the presence of the notary within the territorial jurisdiction of the court which issued his or her notarial commission shall suffice for purposes of compliance with this Section.

Section 2

The notary public shall take a photograph or a screenshot of the videoconference clearly showing all parties who participated in the notarial act. In said photograph or screenshot, the notary public must be seen holding the instrument or document to make the first page of the notarized document visible and identifiable as such. The photograph or screenshot must bear a time and date stamp which accurately reflects the time and date when the videoconference was conducted. A physical copy of this photograph or screenshot must be produced and attached to the notarial register in the manner set forth under Section 4, Rule VIII of these Rules. The photograph or screenshot shall serve as proof of the personal appearance of the principal/s and/or witnesses before the notary public and shall likewise substitute their signatures in the Notarial Register.

Section 3

In addition to the entries required by the 2004 Notarial Rules, the Notarial Register must include an entry indicating that the notarial act was performed through videoconference as required by these Rules and specifying the particular videoconferencing facility used by the parties therein.

Section 4

The notary shall retain two (2) copies of the instrument or document on which he or she performed a notarial act pursuant to these Rules. The notary public shall attach to these copies the competent evidence of identity provided by the parties and the witnesses and the photographs or screenshots required under Section 2, Rule VIII of these Rules. The competent evidence of identity and photographs or screenshots shall be properly marked with the document number and page number of the relevant entry. The first set of copies shall be attached as annexes to the Notarial Register and form part of the entries corresponding to the notarial act to which they pertain. The remaining set shall be kept by the notary public for his or her records.

Section 5

In addition to the matters set forth in Section 2, Rule VIII of the 2004 Notarial Rules, all Notarial Certificates pertaining to notarial acts performed under these Rules shall include a statement by the notary public that: a) the notarial act had been performed by videoconference in accordance with these Rules; and b) the notary public, the principal/s, and the witnesses, if any, were in a locality within the territorial jurisdiction of the court which issued the notary public's commission at the time the notarial act was performed pursuant to Rules II (in case of acknowledgment), III (in case of affirmation, oath, or jurat), IV (in cases where the signatures of witnesses appear in the instrument or document), and V (in cases where a thumbmark or other mark is affixed in lieu of a signature or when the notary public signs on behalf of the principal) of these Rules. When the notarial act is performed pursuant to Rule VI (in case of copy certification), a statement that the notary public was within the territorial jurisdiction of the court which issued his or her notarial commission shall suffice.

Section 6

The notary public shall exercise reasonable effort in assessing the demeanor of the principal or witnesses, if any, with respect to notarial acts performed in accordance with these Rules. The notary public may refuse to perform the notarial act requested in the event that the principal or witnesses exhibit/s behavior that engenders reasonable doubt as to his or her or their understanding of the instrument or document or otherwise indicates a defect in his or her or their consent thereto. The notary public shall also refuse to perform the notarial act requested if the principal or witnesses refuse/s to appear before the notary public through videoconference, as required by these Rules.

Section 7

Where any or some of the principals or witnesses physically appear/s before a notary public for a notarial act while the quarantine is in effect, the safety guidelines issued by the government must be duly observed. In such cases, the notary public shall ensure that all such measures necessary to prevent the spread of COVID-19 shall be undertaken.

Section 8

The Integrated Bar of the Philippines (IBP) is directed to create and disseminate to the general public a register of notaries public in all the chapters of the IBP who shall undertake the performance of notarial acts in accordance with these Rules. This register shall indicate the names, contact numbers, e-mail addresses of the said notaries public, and the territorial jurisdiction of the court which issued their respective commissions. This register shall be published by the IBP in its website, and in any other medium it may deem appropriate.