Making the Case for Online Electronic Notarization in the Philippines

To align with global standards and digital advancements, the Philippines must swiftly adopt online electronic notarization (OEN). Obtaining notarial services is still challenging for many Filipinos, especially to those living in remote regions and to Overseas Filipino Workers. The process is expensive and time-consuming, forcing people to resort to unauthorized methods to get the job done. 

Online notarization serves a dual purpose: convenience while remaining competitive and improved efficiency and security in legal and governmental processes. 

Speed and Convenience in a Digital World

There are many barriers to traditional notarization—it requires individuals to appear in-person, wait in queues, and face delays with paperwork. In fact, many people find it unappealing simply because scheduling alone is next to impossible, and most of the time, scheduled appearances do not happen at all. This is why many opt for the unregulated  ‘pa-notaryo’ route which lets them get around time-wasting barriers associated with law offices.

OEN is set to address these challenges, allowing for swift document authentication that would usually take days, even weeks, to process. By removing unnecessary delays and enhancing business workflows, Filipinos will be able to access a more convenient alternative to traditional notarization, and hopefully, a more appealing one as well to the unregulated ‘pa-notaryo’.

Keeping Up With Global Standards

Traditional notarized documents face ongoing threats, including fraud from forgery or fake signatures, document manipulation, and the risk of loss. OEN effectively addresses these issues through a secure verification framework consisting of video conferencing, electronic signatures, and tamper-evident seals. This framework establishes a much better resistance to the vulnerabilities of traditional paper-based documents. 

As with any digitization efforts, security must always be top priority and addressed promptly. If not handled properly, OEN platforms can be vulnerable to cyber attacks such as breaches, hacking, and identity theft. Establishing a trusted system for tamper-proof records will need a variety of robust safeguards, including encryption and multi-factor authentication. User education also plays a crucial role in mitigating cyber risks. Being that phishing is a global problem, Filipinos need to be educated enough to quickly recognize threats and learn to secure online credentials. Both the Philippine government and the private sector must establish strict cybersecurity processes, conduct audits, and enforce compliance of data protection laws.

The United States and Canada have endorsed OEN and created legal frameworks that recognize electronic notarization as traditional physical notarization. The Philippines needs similar initiatives that are more aligned with  the country’s efforts at digital transformation, as evident by implementing the E-Commerce Roadmap and the National ID System. We need to be globally competitive—and digitizing legal processes starting with OEN can bring more investments and promote growth and development in the country.

Many local companies are pushing for digital innovation in the legal field. Digest PH is ahead of other organizations working to modernize legal systems, offering legal research and access to legal support within its platform. Readers exploring legal research subscriptions can also use the discount code LAWDIGEST to get 20% off, making access to digital legal resources more affordable.UNAWA is also leading legal innovation through e-signatures and online electronic notarization, creating secure, efficient platforms for document execution. We believe that OEN should not just remain theoretical—it is a practical solution that can benefit individuals and businesses.

What Needs to Change

The  E-Commerce Act of 2000 legally recognizes electronic documents and signatures. However, that law does not explicitly address notarization, leading to a continued reliance on traditional paper-based practices. The Rules on Notarial Practice (2004) require a notary public to physically witness the signing of documents, making face-to-face interactions mandatory and hindering the full adoption of online electronic notarization.

The COVID-19 pandemic disrupted traditional notarization, exposing the limitations of the in-person requirements. The situation highlighted the need for digital alternatives, prompting legal professionals and businesses to explore solutions like remote online notarization, which has been implemented in other countries as well. However, the outdated notarial rules in the Philippines have prevented a seamless transition to OEN, revealing a significant gap in the legal framework.

As much as we want a swift OEN transition, we also foresee some challenges. This, however, can be mitigated. The government and private sector should work together to combat digital literacy gaps. We can stop the risks of scams and improper document handling by properly promoting awareness and education. Digital literacy training must be accessible to all Filipinos, regardless of socio-economic background. It is crucial that users are able to navigate digital interfaces and benefit from online electronic notarization.

The government can address limitations in infrastructure. We understand that the internet and electricity are not available in many remote areas. Investments in internet reach, mobile notary services, and offline verification processes can be great solutions for infrastructure challenges and limitations. The internet infrastructure can be improved with the help of the private sector, such as telecom providers and occasional mobile notary units can provide remote areas with the much needed access to online electronic notarization services. 

The pandemic accelerated the demand for digital transformation, influencing the Supreme Court of the Philippines to consider updating the notarial rules. The government requires detailed legal guidelines to establish OEN validity and industry-wide acceptance by private organizations and public agencies. By updating the rules on notarial practice to incorporate remote identity verification via video conferencing, electronic signatures, and digital recordkeeping, the Philippines can finally move on to an improved notarial and legal system.

The Philippines must efficiently adopt online electronic notarization to become a modern, streamlined, and competitive country. Modernizing notarial practices presents a key opportunity to establish a convenient and digitally advanced future for all Filipinos.