The 2020 Interim Rules on Remote Notarization of Paper Documents (A.M. No. 20-07-04-SC) took effect on Aug 16, 2020.
The rules allow for the notarization of documents through videoconferencing with the notary public. However, this is only allowed when the locality where the notary public and principal are located is under Community Quarantine.
Documents and instruments notarized through the Remote Notarization rules have the same validity, force, and effect as any other notarial act performed under the 2004 Rules on Notarial Practice.
1. Where can you avail of notarization through videoconferencing?
The locality/municipality/city where the notary public, or at least one of the principals to the document resides, holds office, or is otherwise situated, should be under community quarantine due to COVID-19.
2. Who may avail of notarization through videoconferencing?
If you and your witness are in the same city/jurisdiction as the notary public, you may avail of notarization through videoconferencing.
For example, you are located in SM Light Residences in Mandaluyong City and your chosen notary public holds office in Mandaluyong City.
You cannot avail of notarization through videoconferencing if you are in a different city from the notary public, even if both localities are under community quarantine.
For example, you are currently at home in Quezon City, you cannot avail of notarization through videoconferencing of a notary public in Mandaluyong City.
For copy certification, the notary public’s presence within the territorial jurisdiction shall suffice.
3. What may be notarized through videoconferencing?
Documents/Instruments with Acknowledgment, Oath or Affirmation, and Copy Certifications may be notarized through videoconferencing.
4. How much will notarization through videoconferencing cost?
The notary public may charge the maximum fee prescribed by the Supreme Court, unless he waives the fees. The principal will also shoulder the costs of the delivery to the notary public, and the return of the notarized documents to the principal.
5. What should you prepare for notarization through videoconferencing?
a. The document or instrument to be notarized (such number of copies as needed; note that the notary will keep two copies)
b. If not personally known to the notary, two (2) copies of any competent evidence of identity (Government issued IDs with photo and signature)
c. If a thumb mark or other marks is used to sign the document instead of a signature, you will need two (2) disinterested witnesses, with their respective competent evidence of identity.
d. If you are signing as a representative of an individual:
1) two (2) certified copies of the document granting you authority such as an SPA
2) two (2) copies of the principal’s competent evidence of identity
e. If you are signing as a representative of a corporation:
1) two (2) certified copies of the document granting you authority such as an SPA
2) two (2) copies of the principal’s competent evidence of identity
3) Secretary’s Certificate or Board Resolution
4) two (2) copies of the Corporate Secretary’s competent evidence of identity
f. USB/CD/ video clip showing that you signed the documents to be notarized
g. Envelope for the documents to be transmitted to the notary public.
h. Payment for courier services and notarization
6. How do you submit a document for notarization through videoconferencing?
a. Place all documentary requirements in a sealed envelope, and place your initials.
b. Send the sealed envelope to the notary public by booking a courier service such as GrabExpress, Lalamove, Angkas, etc., with shipment tracking facilities.
c. Inform the notary public that you sent the sealed envelope and send the tracking or booking reference number to the notary public.
d. Once the notary public receives the sealed envelope. He will schedule a videoconference meeting.
7. What happens during your videoconference with the notary public?
a. The notary public will ask you to confirm your identity.
b. The notary public will confirm your location. You may show your location through an application that can identify your real time location (such as Google Maps/Waze). You can also show the notary public identifiable landmarks or buildings within the vicinity to confirm your location.
c. The notary public will open the sealed envelope in your full view. He will ask if the documents inside the sealed envelope are the same documents you sent to the notary public.
d. The notary public will ask you to present the original competent evidence of identity to be able to compare it to the copies included in the envelope.
e. The notary public will confirm whether you have read and understood the contents of the document.
f. Thereafter, the notary public will ask you to sign a blank piece of paper, within the notary public’s view for comparison with the signature appearing on the document or instrument.
g. The notary public will also require you to confirm that the signature in the document is yours.
h. The notary public will also play the video clip you submitted to verify that you signed the document.
i. If there is someone else in the room with you, the Notary Public will ask the other person to identify himself and state why they are in the same room. If the Notary is not satisfied with the explanation, he will ask the other person to leave the vicinity until the videoconference is over.
j. Once the notary public determines everything is in order, he will complete the Notarial Certificate, sign, and set his Official Seal.
8. What happens after the notary public signs and sets his official seal?
The notarization through videoconferencing is completed. The notary public will get two (2) copies for his files and the Notarial Register, and he will inform you to book your choice of courier to pick up the documents to be delivered back to you.
9. What rules should apply for those signing as a witness?
The same rules apply to a witness in an instrument/document. The notary public will ask the witness to confirm that he saw the principal sign the instrument or document. The video clip should also show that the principal signed the document in his presence.
10. May a notary public refuse to notarize a document submitted to him for notarization through video conferencing?
Yes, if the notary public is not convinced of the voluntariness of the act. If the notary public sees that the principal or his witness exhibits behavior that engenders reasonable doubt as to his understanding of the instrument or a defect in the consent thereto.
The notary public may also refuse to notarize the document if the principal or the witness refuses to appear to the notary public through videoconferencing.
11. What may be copy-certified through video conferencing?
Any document that is not a vital record, a public record, or publicly recordable may be copy-certified.
12. What are the procedures for copy-certification by videoconference?
a. The documents should be placed in a sealed envelope with the principal’s initials and sent to the notary public. The principal should send the tracking details to the notary. The documents may also be sent to the notary public by e-mail.
b. The notary public shall schedule a videoconference to confirm with the principal if the documents delivered/sent via email is the same document for copy-certification
c. The notary public will make copies as required.
d. The notary public will compare the document with the copies made and ensure that they are complete and accurate.
e. The notary public will complete the Notarial Certificate, sign and set his Official Seal.
13. What distinguishes Notarization through videoconferencing from the usual notarization of documents?
The Notarial Certificate shall state that the notarial act was done through the use of videoconferencing facilities in accordance with the Remote Notarization rules.
It shall also state that 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.
For copy certification, there will be a statement that the notary public was within the territorial jurisdiction of the court which issued his notarial commission.
14. I am a notary public, how should I record notarizations performed through videoconferencing?
The notary public shall take a photo or screenshot of the videoconference clearly showing all the parties, with the notary public holding the instrument. The screenshot must have a time stamp. This screenshot should be printed and attached to the notarial register.
The notarial register should also include an entry indicating that the act was done through videoconferencing specifying the particular application used such as Zoom, Skype, Microsoft Teams, Google Meet, and the like.
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