2020 INTERIM RULES ON

REMOTE NOTARIZATION OF PAPER DOCUMENTS

GENERAL PROVISIONS
Scope
These Rules shall be limited to the notarization of paper documents and instruments with
handwritten signatures or marks through the use of videoconferencing facilities as defined
herein. These Rules shall not apply to the execution of notarial wills.

Localities Where the Rules Apply

Permit the performance of notarial acts through the use of videoconferencing facilities if the
notary public or one of the principals resides or situated in a locality that is under community
quarantine due to COVID-19.

Notarial Commission
A notary public with a valid and existing notarial commission under the 2004 Rules can perform
the notarial acts.

Legal Effect and Enforceability

Any notarial act performed through videoconference pursuant to these Rules shall have the
same validity, force, effect as notarial acts performed under the 2004 Rules on Notarial
Practice.

Suppletory Application of the 2004 Notarial Rules

The pertinent provisions of the 2004 Notarial Rules may be applied in the absence of any
applicable provision

Definition of Terms
a. Competent Evidence of Identity – refers to the identification of an individual based on:
i. At least one current ID issued by an official government agency bearing the
photograph and signature of the individual
ii. The oath or affirmation of one (1) credible witness unaffected and uninterested
who is personally known to the notary public and who personally knows the
individual or of 2 credible witnesses unaffected and uninterested to the
document who personally know the individual being identified, and who show
the notary public any of the IDs enumerated in the preceding paragraph
b. Courier Service – refers to on-demand express services, as well as door-to-door express
delivery services including those services offered by private express and/or messengerial
delivery service or courier service providers authorized by the DICT, provided they are
equipped to enable users to track the movement of shipments in real time.
c. Geolocation – refers to geographical location of a computer, networking device, or
equipment determined on the basis of geographical coordinates and measurements.
d. Locality – refers to a barangay, municipality, city, province, or country.
e. “Personal appearance,” “appears in person,” or “in the presence of the notary public” –
that the principal, witnesses, and the notary public can see, hear, and communicate
with each other, and present and confirm competent evidence of identity to each other
in real time through the use of videoconferencing facilities and other devices or
technologies
f. Principal – person appearing before the notary public whose act is the subject of
notarization under these rules
g. Quarantine – may refer to General Community Quarantine (GCQ), Modified General
Community Quarantine (MGCQ), Enhanced Community Quarantine (ECQ), AND
Modified Community Quarantine (MECQ) as defined by proper authorities.
 h. Videoconferencing facilities – any tool, device, system, application, and technology that
has sufficient interactive audio-video capabilities that allow all parties to see, hear and
communicate with, and present and confirm competent evidence of identity to each
other in real time

ACKNOWLEDGMENT
Acknowledgment by Videoconference
The procedure shall be observed:
The principal will delivery the instrument or document requiring the notarization by
personal or courier service.
•The document must be integrally complete, bear te handwritted signature of the
pincipal, and sealed in an evelop with initials of the principal. If through courier service,
he or shell furnish the notary public details to track its delivery.

if the principal is not personally known to the notary public, he or she shall provide copies
of evidence of identity by personal or courier service.
•If the principal is signing in a particular representative capacity, he is required to
delivery to the notary public 2 certified copies of th document granting his or her
authority as well as 2 copies of any competent evidence of identity.
•If party granting the authority to sign is a corporation, the principal also provides 2
copies of evidence of identity or 2 duplicate originals or certified copies of the Board
Resolution grangting the principal's authority.
•The principal must show the original evidence of his or her identity and document
granting his authority to sign during video conference.

The principal shall also submit to the notary public a video clip of him/her signing the
document for acknowledment
•He may send it by storing it in a compact disc (CD) or Universal Serial Bus (USB) which
shall be placed in the sealed envelop with the document, or through email or any other
digital communication

Upon receipt of the sealed envelop, the notary public shall schedule a videoconference.
The notary public shall:
•Require the principal to confirm his or her identity, his or her location but showing his
or her geolocation through a GPS app.
•Open the sealed envelop within full view of the principal and require him to confirm
the contents
•Ensure the document is kept within the full view of the principal at all times
•require the principal to affix his or her handwritten signature on a blank piece of paper
for comparison with signed document
•review the video clip submitted by the principal to verify that he or she actually signed
it
•require to declare that he or she executed the instrument as his free and voluntary act
and did and if acting in a representative capacity, that he has the authority.
•If there are other persons in the vicinity, they must identify themselves and state the
reasons why they aare there.

The notary public shall complete the Notarial Certificate attached to the instrument or document or
appearing below the signature portion, affix his or her signature thereon by hand, and set his or her
Official Seal.
•The Notarial Certificate shall state that the notarial act was done through the use of
videoconferencing facilities.
 AFFIRMATION, OATH, or JURAT
Where an instrument or document requiring affirmation or oath is presented to the notary
though the use of video conferencing facilities, the following procedure shall be observed:
The principal will delivery the instrument or document requiring the notarization by personal or courier
service.
•The document must be integrally complete, bear te handwritted signature of the pincipal, and sealed in an
evelop with initials of the principal. If through courier service, he or shell furnish the notary public details to
track its delivery.

If the principal is not personally known to the notary public, he or she shall also be required to provide the
notary public by personal or courier service, 2 copies of competent evidence of identitly, which is placed
together with the instrument above.
•The principal shall be required to exhibit the original evidence of identity to the notary public during the
video conference for examination and comparison with copies.

The principal shall also submit to the notary public a video clip of him/her signing the document for
acknowledment
•He may send it by storing it in a compact disc (CD) or Universal Serial Bus (USB) which shall be placed in the
sealed envelop with the document, or through email or any other digital communication

Upon receipt of the sealed envelop, the notary public shall schedule a videoconference. The notary public
shall:
•Require the principal to confirm his or her identity, his or her location but showing his or her geolocation
through a GPS app.
•Open the sealed envelop within full view of the principal and require him to confirm the contents
•Ensure the document is kept within the full view of the principal at all times
•require the principal to affix his or her handwritten signature on a blank piece of paper for comparison
with signed document
•review the video clip submitted by the principal to verify that he or she actually signed it
•require to declare that he or she executed the instrument as his free and voluntary act and did and if
acting in a representative capacity, that he has the authority.
•If there are other persons in the vicinity, they must identify themselves and state the reasons why they
aare there.

The notary public shall complete the Notarial Certificate attached to the instrument or document or appearing below the
signature portion, affix his or her signature thereon by hand, and set his or her Official Seal.
•The Notarial Certificate shall state that the notarial act was done through the use of videoconferencing
facilities.
Note: Jurat by Videoconference may be accomplished in the same manner.
 WITNESSES TO DOCUMENTS
Witnesses to Documents
The principal shall provide by personal or courier service 2 copies of any competent evidence of
identity of the witnesses not personally known to the notary public. It shall be placed in the
sealed envelope. The principal shall give details to the notary public to track the delivery if he
chooses to deliver through courier service.

Presence of Witnesses
The witnesses shall be present during the videoconference to be conducted.

In addition to the matters set forth in Rule II or Rule III, during the video conference, the notary
public shall:

require the witnesses to confirm their identites by

exhibiting to the notary public the originals of their
competent evidence of identity

require the witnesses to confirm their respective

locations to the satisfaction of the notary public by
showing their geolocation through an application
with GPS

determine whether the witnesses are in fact

disinterested and unaffected parties to the
instrument or document by asking searching
questions;

require each withness to confirm with 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 voluntary

require each witness to declare that he or she

personally witnessed the principal signing the
instrumen or affixing his or her thumbmark freely and
openly

review the video clip submitted by the principle to

verify that the witnesses saw the principal
 THUMBMARK OR OTHER MARKS IN LIEU OF HANDWRITTEN SIGNATURE

Thumbmark or Other Mark

The principal shall be required to affix such mark in the physical presence of two (2) unaffected
and disinterested witnesses who shall sign their own names.

The principal shall cause the delivery of the instrument or document to the notary public by
personal or courier service.

It shall be placed in a sealed envelope, together with the copies of the competent evidence of
identity required in Rule II (acknowledgment) or Rule III (affirmation, oath, or jurat), or Rule IV (
(in cases where the signatures of witnesses appear in the instrument)

The principal chooses to cause the delivery through courier service, he shall be required to give
the notary public details necessary to track its delivery

Procedure
 require the principal to confirm that he or she affixed his or her thumbmark or other mark on
the instrument or document in lieu of a signature

require the principal to affix his or her thumbmark within full view of the notary public for
comparison with the thumbmar appearing on the instrument

confirm that the principal read the document or that the document has been read in its entirery
and that he or she has undertood its contents by asking searching questions. if there is any other
person, the notary shall require to identify themselves and state the reason why they are there.

confirm the respective locations of the witnesses by showing their geolocation through an
application with GPS capabilities

determine if the witnesses are unaffected and disinterested parties to the instrument by asking
searching questions

require each witness to confirm that they personally witnessed the principal affixing their
thumbmark

review the video clip submitted by the principal to verify that the witnesses actually saw
the principal

Notary Public Requested to Sign

Where the principal under Rules II and III is unable to affix his or her hand written signature,
thumbmark or other mark on the document subject of the notarial act and request the notary
public to sign on his or her behalf.

The principal shall place the instrument or document in a sealed envelope together with the
copies of the competent evidence of identity requires in Rule II or Rule III, and two copies of
any competent evidence of identity of the witnesses chosen by the principal.

The principal will deliver the envelope to the notary public by personal or courier service. If
through courier service, require to furnish the notary public with the details to track its delivery.
Upon receipt, the notary public shall schedule a video conference with the principal and 2
unaffected and disinterested witnesses chosen by the latter.
During the video conference, the notary public shall:

confirm the principal's inability to sign

require the principal to confirm that he or she has read the

instrument or docume or that the instrument has been
read in its entirety and that he understood its contents
• Should there be other persons, he must identify himself and state the
reasons why they are there

sign the instrument within full view of the principal and 2

witnesses

require the witnesses to confirm their respective identities

by exhibiting the originals of their competent evidence of
identity

require the witness to confirm their respective locations

by showing their geolocation through an application with
GPS

determine whether the witnesses are in fact unaffected

and disinterested parties

require each witness to declare that he or she personally

witness the notary public affixing his or her signature

indicate below the notary public's signature, the folllowing

statement: "signature affixed by notary in the presence of
(name and addresses of the principal and 2 witnesses)
 COPY CERTIFICATION
Copy Certification by Videoconference of Instruments or Documents Delivered by Personal or
courier service:
Where a person requests a notary public to certify a copy of an instrument or document
through the use of videoconferencing facilities and instrument or document is delivered to the
notary public by personal or courier, the following procedure shall be observed:
the principal delivers the instrumen or document to the notary public. it
must be placed in an envelope which shall be sealed with the initials of
the principal. If he chooses courier services he must provide the details
to the notary public to track the delivery

Upon receipt of the instrument for copy certification, the notary shall:
• determine that the instrument to be copied is not a vital record, a public record, or publicly
recordable. if so, the notary public shall immediately notify the principal that the instrument
cannot be copy-certified and must be returned to principal
• if the instrument can be copy-certified, schedule a videoconference where the notary public
shall require him or her to confirm that the document exhibited is the same instrumen which
was delivered
• proceed to make a copy or copies
• compare the document with the copy or copies made and ensure that they are accurate and
complete

The notary public shall complete the Notarial Certificate attached or

printed at the bottom portion, affix his or her signature theron by hand,
and set his or her Official Seal.
• The Notarial Certificate shall state that it was done through videoconferencing

Copy Certification by video conference of Instruments or Documents

Where a person requests a notary public to certify a copy of an instrument or document
through the use of videoconferencing facilities, and said instrument or document is sent by e-
mail, the following procedure shall be observed:
 the principal shall take a photograph or scan the instrument or document
for copy certification and subsequentyly send by e-mail

Upon receipt of the e-mail referred to above, the notary public shall
• determine that the instrument or document to be copied is not a vital record , a public
record, or publicly recordable. if it is, the notary shall immediately notify the principal that it
cannot be copy-certified
• if the instrument or document can be copy-certified, print out the instrument or document
and schedule video conference and the notary public shall exhibit the print out to confirm is
the same document sent to the notary public
• procced to make such number of copies of the document
• compare the instrument or document sent by the principal with the copy or copies made and
ensure they are accurate and complete

the notary public shall complete the Notarial Certificate attached

to the document or printed at the bottom portion of the copy or
copies, affix his or her signature and set his or her official seal
• The Notarial Certificate shall state that the notarial act was done through the use of
videoconferencing facilities

FEES FOR REMOTE NOTARIZATION

Imposition and Waiver of Fees
A notary public may charge the maximum fee prescribed by the Supreme Court unless he or she
waives the fee in whole or in part.

Free charged may be paid by the principal through electronic remittance or bank transfer or
any other means agreed upon by the parties.

Delivery
The principal shall shoulder all expenses in connection with the remote notarization, including
expenses for the reproduction of the document and delivery either by personal or courier
service.

After any notarial act and the corresponding service fees and expenses paid, the principal shall
cause the retrieval of the notarized documents from the notary public either personally or by
courier service.

MISCELLANEOUS MATTERS
Place of Remote Notarization
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, principals and witnesses must be located within the territorial jurisdiction of
the notary public’s commission.

During the videoconference in case of copy certification, the presence of the notary within the
territorial jurisdiction of the court shall suffice for purposes of compliance with this section.

Photographs or Screenshots of the Videoconference

The notary public shall take a photograph or a screenshot of the videoconference clearly
showing all parties participated in the notarial act.

In said photograph or screen shot the following must be followed:

1. The notary public must be seen holding the instrument or document to make the first
page visible and identifiable.
2. It must bear a time and date stamp which accurately reflects when the videoconference
was conducted.
3. A physical copy of this photograph or screenshot must be produced and attached to the
notarial register in the manner set forth.

It shall serve as proof of the personal appearance of the principal/s and/or witnesses before the
notary public and shall substitute their signature in the Notarial Register.

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

Entry of Notarial Act

The notary public shall:
1. Retain 2 copies of the instrument or document on which he or she performed a notarial
act pursuant to these Rules.
2. Attach to these copies the competent evidence of identity provided by the parties and
the witnessed and the photographs or screenshots required under Section 2, Rule VIII of
these Rules.
a. The competent evidence of the 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.

The remaining shall be kept by the notary public for his or her records.

Additional Matters in Notarial Certificate

All Notarial Certificates pertaining to notarial acts performed shall include a statement by the
notary public that:
a. The notarial act had been performed by video conference in accordance with these
Rules; and
b. The notarial public, the principal/s and the witnesses if any, were in a locality within the
jurisdiction of the court pursuant to the rules in case of acknowledgment, in case
affirmation, oath or jurat, in cases where the signatures of witnesses appear in the
document, and in case where thumbmark or other mark is affixed in lieu of a signature
or when the notary signs on behalf of the principal.
c. When the notarial act is performed in case of copy certification, a statement that the
notary public was within the territorial jurisdiction of the court shall suffice

Additional Grounds for Refusal to Notarize

The notary public shall exercise reasonable effort in assessing the demeanor of the principal or
witnesses with respect to notarial acts performed.

The notary public may refuse to perform the notarial act requested in the event that:
 a. the principal or witnesses exhibit/s behavior that engenders reasonable doubt as to his
or her or their understanding of the document or otherwise indicates a defect in his or
her or their consent there to.
b. If the principal or witnesses refuse to appear before the notary public through
videoconference, as required

Safety Guidelines
Where any or some of the principals or witnesses physically appear/s before a notary public
while the quarantine is in effect, the safety guidelines issued must be duly observed. The notary
public must ensure all measures necessary to prevent the spread of COVID-19 shall be
undertaken.

Registration
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 follow these rules. This register shall indicate names, contact
numbers, e-mail addresses and the territorial jurisdiction of the court which issued their
commissions. It shall be published by IBP in its website and other appropriate mediums.

REVOCATION OF COMMISISON AND DISCIPLINARY SANCTIONS

Revocation and Administrative Sanctions
Grounds set forth in Section 1, Rule XI of the 2004 Notarial Rules shall apply to all covered by
these Rules.

EFFECTIVITY
Effectivity
These Rules shall take effect 15 days after their complete publication in the Official Gazette or
in at least 2 newspapers of national circulation.

Subsequent Amendments
The Supreme Court shall amend these Rules as may be necessary.