FUTURE OPTIONS FOR ONLINE

NOTARIZATION UNDER PHILIPPINE

LAWS AND REGULATIONS
JERICHO M. LIPANA
BSLM 4A
• The purpose of this paper is to consider the potential of online notarization including its
future options in notarizing digital documents as an alternative for in person notarization
and remote notarization. The paper also aims to provide future procedural guidelines
based and harmonized from existing Philippine laws and regulations for the concept of
online notarization and its future options. The paper also addresses whether or not
digitalized documents when notarized online should be accepted in courts under existing
notarial rules.
• The study will consider future options for online notarization of digital documents,
harmonizing them with current Philippine Laws and Regulations. It will discuss the
different options for online notarizations and considering each’s legal possibility by
analyzing each one on whether or not it is allowed under Philippine laws and regulations
or should such documents be accepted in courts nationwide. This paper will also suggest
procedural guidelines for the provided future options and on the concept of online
notarization. These guidelines will be harmonized and based on existing Philippine laws
and regulations provided in this paper.
The Study addresses the legal possibility of various future options for online notarization of digitalized documents based on
current Philippine laws and regulations. To completely resolve the problem, the study will focus its research on the
following points:
1.) Is the current state of technology today capable of providing an optional notarial seal in notarizing digital documents
online?
2.) Are there existing Philippine laws and regulations that can be used as basis in proposing procedural guidelines for online
notarization and its future options?
• 3.) Can courts nationwide accept online notarized digital documents? Are there laws that prevent the Supreme Court from
Implementing any administrative rules or circulars regarding the online notarization of digital documents and its future
options?
4.) Can courts nationwide accept online notarized digital documents?
• The result of the study will benefit the academe and future legal scholars. This study will be able to give them a basis for their research and to pave way for
other future options for online notarization. This study will lay down the framework for further future options for online notarization of digitalized documents
and proposed procedural guidelines and other means of adapting to technological advances in the Philippine legal system.
• In addition, the study will also benefit persons who are authorized and granted by commissioning courts to facilitate notarial acts, giving them insights
and knowledge on possible future options for online notarizations thereby preparing them, should any of these future options for online notarization be allowed
by the Supreme Court.
• The beneficiaries who will take the most out of this study are current Supreme Court Justices. The study will be able to impart knowledge and future
options available to Supreme Court justices. It will help them in formulating administrative rules regarding online notarization of digitalized documents as
another process of notary. The study will give them future options in administering administrative rules regarding the topic, and will also give them an idea to
create other options for online notarization, other than what is available in the study. The study will also aid them in their hopes of modernizing and adapting to
technological advancements in court proceedings and the legal system.
• Society as a whole will benefit from this study because the research aims to provide future options for online notarization of digitalized documents. With
the pandemic changing the landscape of the world, the fast speed technological innovations right now, with day-to-day operations are conducted online, and the
SC adapting to technological advances in court proceedings and legal systems, online notarization seems like a possibility in the near future. The public will be
given a convenient, faster, and hassle-free way for notarizing documents
 GENERATED QR CODED NOTARIAL SEALS

Under the 2004 rules on notarial practice, a commissioned notary public shall possess only one notarial seal. In harmonizing the concept of a generated QR coded notarial seal for online notarization with this
rule. The notary public shall only have one generated QR coded notarial seal. Should the notary
public already be in possession of a traditional metal notarial seal during his term of office, he cannot possess a generated QR coded seal. Likewise, if the notary public is already in possession of a generated QR
Coded seal, he cannot avail of a traditional metal notarial sealdefined in the 2004 rules on notarial practice since under the same rules, a notary public shall possess only one notarial seal. That being said, if a
notary public chooses to avail of a generated QR coded seal, he can only notarize documents online. Should he choose to avail of a traditional metal notarial seal, he cannot notarize documents online.
The 2004 rues on notarial practice state that notarial seal must be two inches in diameter, must contain the mark, image or impression of the name of the city or province where the commission is issued, it
must contain the word Philippines; it must include the name of the notary public on the margin and the roll of attorney’s number on the face, and the word notary public must be across the center. In harmonizing
the concept of a generated QR coded notarial seal for online notarization with this rule. It would be hard to make the words and numbers required under this rule to visibly appear on a QR code without scanning
it. However, when scanned, it must contain all necessary qualifications provided for in the 2004 rules on notarial practice on the contents of a traditional notarial seal such as:
The city or province where the commission is issued
The word Philippines; 
The name of the notary public and the roll of attorney’s number
The word notary public
The researcher proposes additional procedural guidelines regarding the contents of the generated QR code when scanned such as:
A scan or digital copy of the notary public’s Intergraded Bar of the Philippines ID
A scan or digital copy of two government issued IDs of the notary public aside from the IBP ID
The expiration of the term of office of the notary public
The QR coded notarial seal must also include “This seal shall be valid until______” Which also expires the moment the notary public’s term of office ends, is revoked, or when he resigns in accordance with the
2004 rules on notarial practice and the rules of court The researcher, proposes these additional requirements and procedural guideline that must be included in the generated QR coded notarial seal when
scanned. These additional requirements are necessary inorder to show a competent proof of identity of the notary public and also to validate if the expiration date of the notarized document is in conformity with
the term provided in the QR coded notarial seal when scanned.
ELECTRONIC NOTARIAL SEALS EMBEDDED
WITH DIGITAL WATERMARKS
• Under the 2004 rules on notarial practice, a commissioned notary public shall possess only one notarial
seal. In harmonizing the concept of a digitally watermarked electronic notarial seal for online notarization
with this rule. The notary public shall only have one digitally watermarked electronic notarial seal. Should
the notary public already be in possession of a traditional metal notarial seal during his term of office, he
cannot possess a digitally watermarked electronic notarial seal. Likewise, if the notary
•  public is already in possession of a digitally watermarked electronic notarial seal, he cannot avail of a
traditional metal notarial seal defined in the 2004 rules on notarial practice since under the same rules, a
notary public shall possess only one notarial seal. That being said, if a notary public chooses to avail of a
digitally watermarked electronic notarial seal, he can only notarize documents online. Should he choose to
avail of a traditional metal notarial seal, he cannot notarize documents online.
IV.D. HARMONIZING ONLINE NOTARIZATION WITH PHILIPPINE
LAWS AND REGULATIONS

• The concept of online notarization has yet been explored by the Philippine Judiciary since the
process of notarizing documents and instruments in the Philippines requires these documents
to be paper bases. In order for online notarizations be legalized, the Supreme Court has the
power to allow it by administering rules or circulars. With this in mind the concept of
notarizing online remains an idea and yet to be legalized, such that if the notary public
notarizes an online document or instrument under future options under this chapter, such
documents or instruments “notarized” would be illegal and cannot be submitted as evidence in
courts. The reason for this is because not only is it contrary to existing notarial rules in the
Philippines but it also lacks an administrative rule or circular that would legalize it.
CONCLUSION