g. Electronic Notarization (AM 24-10-14-SC)

Electronic Notarization (A.M. No. 24-10-14-SC)

Concept

The Rules on Electronic Notarization provide for technology-based notarial services. They supplement, rather than replace, traditional notarization under the 2004 Rules on Notarial Practice. Their stated scope is the electronic notarization of electronic documents through In-Person Electronic Notarization and Remote Electronic Notarization. (Sec. 1, A.M. No. 24-10-14-SC)¹ (Sec. 2, A.M. No. 24-10-14-SC)²

Governing provisions

Section 2 states the Rules’ purpose and scope. Section 3 addresses gaps in the Rules. Section 4 supplies definitions, while Section 6 prescribes the completion of the electronic notarial certificate and retention of the document record after an electronic notarial act. (Sec. 2, A.M. No. 24-10-14-SC)² (Sec. 3, A.M. No. 24-10-14-SC)³ (Sec. 4, A.M. No. 24-10-14-SC)⁴ (Sec. 6, A.M. No. 24-10-14-SC)⁵

Requisites / Rules

• The subject of electronic notarization under these Rules is an electronic document; the Rules recognize both in-person and remote modes of electronic notarization. (Sec. 2, A.M. No. 24-10-14-SC)²
• After executing the electronic notarial act in accordance with the Rules, the electronic notary public (ENP) must complete the electronic notarial certificate, affix their electronic signature, and attach their Electronic Notarial Seal. (Sec. 6, A.M. No. 24-10-14-SC)⁵
• The completed electronic notarial certificate must be attached to the notarized electronic document. The ENP must retain a record of that document for the period and in the manner specified in Section 2, Rule XII of the Rules; within that period, the record must be made available to the parties on request. (Sec. 6, A.M. No. 24-10-14-SC)⁵

Distinctions

Do not treat every document handled with electronic tools as governed by the Rules on Electronic Notarization. Notarization of paper documents and instruments bearing handwritten signatures or marks continues to be governed by the 2004 Rules on Notarial Practice. For electronic documents, the Rules expressly recognize both in-person and remote electronic notarization. (Sec. 2, A.M. No. 24-10-14-SC)²

Key doctrines

The electronic rules have a limited relationship with the 2004 Notarial Rules: where no provision of the electronic rules applies, pertinent provisions of the 2004 rules may be applied by analogy or in a suppletory manner. This is a gap-filling rule, not a statement that paper documents fall within the electronic rules’ scope. (Sec. 3, A.M. No. 24-10-14-SC)³ (Sec. 2, A.M. No. 24-10-14-SC)²

Notarization is not an empty routine act. It carries substantive public interest, and a notary must observe its basic requirements with utmost care to preserve confidence in notarized documents. This general notarial principle remains useful when studying the duties expressly imposed on an ENP. (Triol v. Agcaoili, A.C. No. 12011, 11 February 2019)⁶ (Sec. 6, A.M. No. 24-10-14-SC)⁵

Bar tip

Identify the document first: electronic document, or paper instrument with a handwritten signature or mark? For an electronic notarial act, remember the sequence after execution: complete the certificate, affix the electronic signature and seal, attach the certificate, and retain the record. (Sec. 2, A.M. No. 24-10-14-SC)² (Sec. 6, A.M. No. 24-10-14-SC)⁵