2020 INTERIM RULES ON REMOTE NOTARIZATION OF PAPER DOCUMENTS
Download as PDF
Download as Word
Collections
Create new Collection
Overview
Full Text
Details
Case
Agency Issuance Number
Published Date
2020 INTERIM RULES ON REMOTE NOTARIZATION OF PAPER DOCUMENTS
2020 INTERIM RULES ON REMOTE NOTARIZATION OF PAPER DOCUMENTS
July 14, 2020
Case Overview and Summary
Summary of the 2020 Interim Rules on Remote Notarization of Paper DocumentsGeneral Provisions (Rule I):
- Covers notarization of paper documents with handwritten signatures through videoconferencing.
- Excludes execution of notarial wills. (Section 2)
- Applies where the notary public or principal resides in a locality under community quarantine due to COVID-19. (Section 3)
- Requires a valid notarial commission issued under the 2004 Rules on Notarial Practice. (Section 4)
- Notarial acts performed through videoconferencing have the same legal effect as those under the 2004 Rules. (Section 5)
- Defines key terms like "competent evidence of identity", "courier service", "geolocation", "locality", "personal appearance", "principal", "quarantine", and "videoconferencing facilities". (Section 6)
- Allows suppletory application of the 2004 Notarial Rules. (Section 7)
Acknowledgment (Rule II):
- Outlines the procedure for acknowledgment by videoconference, including:
- Delivery of the document to the notary public by personal or courier service in a sealed envelope with the principal's initials. (Section 1(a))
- Providing competent evidence of identity and authority to sign, if applicable. (Section 1(b))
- Submitting a video clip showing the principal signing the document. (Section 1(c))
- Conducting a videoconference where the notary public verifies the principal's identity, location, and voluntary execution of the document. (Section 1(d))
- Completing the Notarial Certificate stating the use of videoconferencing facilities. (Section 1(f))
Affirmation, Oath, or Jurat (Rule III):
- Outlines the procedure for affirmation, oath, or jurat by videoconference, similar to acknowledgment, including:
- Delivery of the document to the notary public in a sealed envelope. (Section 1(a))
- Providing competent evidence of identity. (Section 1(b))
- Submitting a video clip showing the principal signing the document. (Section 1(c))
- Conducting a videoconference where the notary public verifies the principal's identity, location, and voluntary execution of the document. (Section 1(d))
- Completing the Notarial Certificate stating the use of videoconferencing facilities. (Section 1(f))
- Allows jurat to be accomplished in the same manner. (Section 2)
Witnesses to Documents (Rule IV):
- Requires providing competent evidence of identity for witnesses not personally known to the notary public. (Section 1)
- Requires the witnesses to be present during the videoconference and confirm their identities, locations, and witnessing of the principal's signature. (Section 2)
Thumbmark or Other Marks (Rule V):
- Requires the principal to affix a thumbmark or other mark in the physical presence of two unaffected and disinterested witnesses. (Section 1)
- Outlines the procedure for notarization by videoconference when a thumbmark or other mark is used, including verifying the witnesses' identities and locations. (Section 2)
- Allows the notary public to sign on behalf of the principal if unable to sign or affix a mark, with specific procedures. (Section 3)
Copy Certification (Rule VI):
- Outlines the procedure for copy certification by videoconference of documents delivered by personal or courier service. (Section 1)
- Outlines the procedure for copy certification by videoconference of documents sent by email. (Section 2)
Fees and Delivery (Rule VII):
- Allows notaries public to charge the maximum fee prescribed by the Supreme Court, unless waived. (Section 1)
- Requires the principal to shoulder expenses for reproduction, delivery, and retrieval of documents. (Section 2)
Miscellaneous Matters (Rule VIII):
- Requires the notary public and principals/witnesses to be within the territorial jurisdiction of the notary public's commission during videoconferences, except for copy certification. (Section 1)
- Requires the notary public to take a photograph or screenshot of the videoconference as proof of personal appearance and attach it to the notarial register. (Section 2)
- Requires additional entries in the Notarial Register, including the use of videoconferencing facilities and the specific platform used. (Section 3)
- Requires the notary public to retain copies of the notarized documents, competent evidence of identity, and photographs/screenshots as part of the notarial records. (Section 4)
- Requires additional statements in the Notarial Certificate regarding the use of videoconferencing facilities and the territorial jurisdiction. (Section 5)
- Allows the notary public to refuse notarization if there are doubts about the principal's or witnesses' understanding or consent, or if they refuse to appear by videoconference. (Section 6)
- Requires observance of safety guidelines if principals or witnesses physically appear before the notary public during quarantine. (Section 7)
- Directs the Integrated Bar of the Philippines to create and disseminate a register of notaries public undertaking remote notarization. (Section 8)
Revocation and Disciplinary Sanctions (Rule IX):
- Applies the grounds for revocation of notarial commission and administrative sanctions set forth in the 2004 Notarial Rules. (Section 1)
Effectivity (Rule X):
- Takes effect 15 days after publication in the Official Gazette or at least two newspapers of national circulation. (Section 1)
- Allows for subsequent amendments by the Supreme Court. (Section 2)
Amends
n/a
Amended by
n/a
Tags
Rules
remote notarization
videoconferencing
notarial acts
acknowledgment
affirmation
oath
jurat
copy certification
COVID-19
community quarantine
territorial jurisdiction
notarial commission
competent evidence of identity
courier service
geolocation
thumbmark
notarial certificate
notarial register
disciplinary sanctions
Law
2020 INTERIM RULES ON REMOTE NOTARIZATION OF PAPER DOCUMENTS
2020 INTERIM RULES ON REMOTE NOTARIZATION OF PAPER DOCUMENTS
•July 14, 2020
EN BANC
A.M. NO. 20-07-04-SC
2020 INTERIM RULES ON REMOTE NOTARIZATION OF PAPER DOCUMENTS
RULE l
GENERAL PROVISIONS
SECTION 1. Title. — These rules shall be known as the 2020 Rules on Remote Notarization of Paper Documents and may be referred to as the “RON Rules” (the “Rules").
SECTION 2. 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.
SECTION 3. Localities Where the Rules Apply. — Until the Supreme Court directs otherwise, these Rules shall apply to permit the performance of notarial acts through the use of videoconferencing facilities in cases where the notary public or at least one of the principals resides, holds office, or is otherwise situated in a locality that is under community quarantine due to COVID-19, as directed by the Inter-Agency Task Force for the Management of Emerging and Infectious Diseases (IATF), the provincial governors with regard to component...
Login to see full content
Amends
n/a
Amended by
n/a