2020 Rules on Remote Notarization

Summary:

It involves the notarization of documents and instruments with handwritten

signatures or marks through the use of Videoconferencing facilities.

Procedure common to all (Acknowledgment, Affirmation, Oath, or Jurat):

1. The Principal shall cause the delivery of the instrument or document

requiring acknowledgment to the notary public by personal or courier
service.

2. The principal shall also submit to the notary public a video clip showing
that he or she actually signed the instrument or document delivered for
acknowledgment.

3. The notary public shall schedule a videoconference with the principal

during which the notary public shall require the principal to confirm his or
her identity; shall require the principal to confirm his or her location to the
satisfaction of the notary public by showing his or her geolocation through
a GPS.

As regards e-signature as a manner of affixing signature, the Notary Public

cannot however notarize electronically signed documents, although the Supreme
Court is yet contemplating to issue an administrative rule with regard to this.

Legal Recommendation/Opinion.

The 2020 Rules on Remote Notarization is a helpful way for notarizing

documents wherein the affiant is not in the possible place to appear before the
notary, especially during this time of Covid-19 pandemic. It encourages social
distancing so as to avoid close physical contact.

However, this practice might be rigorous and not practical on the part of
the principal/affiant considering the fact that the principal/affiant shall cause the
delivery of the document through an accredited courier. More so that they cannot
affix their signature electronically since e-sigs is not accepted by the Supreme
Court as of now.

Moreover, this is impractical for those who does not know how to utilize
the internet and other social platforms to cause a videoconference. Also, not
everyone has a stable internet connection.