2020 Interim Rules on Remote Notarization of Paper Documents, A.M. No. 20-07-04-SC, 14 July 2020 | The 2004 Rules on Notarial Practice [A.M. No. 02-8-13-SC] | LEGAL ETHICS: CANON VI. Accountability

Below is a comprehensive and meticulous discussion of the 2020 Interim Rules on Remote Notarization of Paper Documents (A.M. No. 20-07-04-SC, dated 14 July 2020), promulgated by the Supreme Court of the Philippines. While these Interim Rules were introduced primarily as a response to the COVID-19 pandemic and the challenges posed by community quarantines, they remain a significant development in Philippine notarial practice and legal ethics. Please note that this discussion is provided for informational purposes; for specific questions or guidance, always consult a qualified Philippine attorney.

I. BACKGROUND AND PURPOSE

  1. Context of the Rules

    • In March 2020, the COVID-19 pandemic severely limited face-to-face interactions. The Supreme Court recognized that the requirements of personal appearance under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) became difficult or nearly impossible for many individuals due to quarantine restrictions.
    • To balance public health concerns with the need to uphold the integrity of notarized documents, the Court promulgated the 2020 Interim Rules on Remote Notarization of Paper Documents.

  2. Legal Basis

    • The Supreme Court’s power to issue rules concerning the practice of law and the conduct of lawyers (including notaries public) in the Philippines stems from its constitutional prerogatives and from statutes that allow the Court to regulate the legal profession.

  3. Nature and Scope

    • The 2020 Interim Rules supplement—rather than replace—the 2004 Rules on Notarial Practice.
    • In the event of an irreconcilable conflict between the 2004 Rules and the Interim Rules on Remote Notarization, the Interim Rules govern, but only to the extent of enabling remote notarization under the specific guidelines.

II. COVERAGE AND APPLICABILITY

  1. Who May Avail of Remote Notarization

    • Individuals who need documents notarized but cannot appear physically before the notary public due to health and safety concerns or mobility restrictions.
    • Notaries public who have complied with the minimum technological and operational requirements may offer remote notarization services within the territorial limits of their commission.

  2. Paper Documents vs. Electronic Documents

    • The Interim Rules specifically address paper documents (i.e., documents ultimately in printed or hard copy form).
    • They do not displace or modify the existing rules on e-documents or e-signatures under prevailing laws like the Electronic Commerce Act (R.A. 8792); rather, they provide a process for remote notarization of the traditional paper document.

  3. Limited Duration

    • These are interim rules, generally intended for extraordinary circumstances. The Supreme Court may modify, extend, or revoke these rules depending on public health conditions or legislative/regulatory developments.

III. KEY DEFINITIONS

To facilitate understanding, the 2020 Interim Rules introduce or emphasize certain terms:

  1. Remote Notarization

    • A process where the notary public and the signatory are in different physical locations but use secure audiovisual (A/V) technology to perform the notarial act in real time.

  2. Audiovisual Technology

    • Refers to any technology that allows all participants to communicate in real-time via both video and audio, enabling the notary public to observe the person signing and verify identity properly.

  3. Identity Proofing

    • A procedure that the notary public employs to verify the identity of the person signing the document remotely, typically involving:
      • Presentation of official identification documents over the A/V platform;
      • Security questions or other verifiable forms of authentication; and
      • Confirmation that the signatory is indeed the person described in and who executed the document.

  4. Credential Analysis

    • A method for verifying the authenticity of identification documents (e.g., scanning or capturing images of IDs during the online session to confirm essential security features).

IV. REQUIREMENTS AND GUIDELINES FOR REMOTE NOTARIZATION

A. Technical and Procedural Requirements

  1. Stable Audiovisual Connection

    • The notary public, as well as the signatory (and any witnesses, if applicable), must have a high-quality, real-time audio and video feed to prevent any interruption or distortion that could compromise the notarial act.

  2. Audiovisual Recording and Storage

    • The notary public must record the entire session, ensuring a clear view of the signatory, the notary, and the document (where feasible).
    • This recording becomes part of the notary’s official records and must be securely stored and made available for inspection by the proper authorities if required.
    • The Supreme Court mandated a retention period for these recordings, aligning with the retention rules for notarial records (typically five years or more, but check the precise period in the rules).

  3. Physical Presence Within Commissioned Territory

    • Notary Public: Even though the notarization is remote, the notary public must still be physically located within the geographical area where they are authorized (commissioned) to perform notarial acts.
    • Principal(s) / Signatory(ies): The signatory may be located elsewhere, but the notary must confirm that the signatory’s location is disclosed and that the transaction is legally permissible under the notary’s commission.

  4. Identification Requirements

    • The notary must still require presentation of at least one current government-issued ID with a photo and signature (e.g., Philippine passport, driver’s license, Unified Multi-Purpose ID, etc.).
    • If the signatory cannot produce valid government-issued ID, alternative means of proofing (e.g., credible witnesses known to the notary) are possible, but must strictly follow the 2004 Rules on Notarial Practice and the interim guidelines.

  5. Document Transmission

    • The rules envision that the principal(s) will transmit a digital copy of the signed paper document (signed in ink by the principal) to the notary public for inspection via email or another secure means, so that the notary may visually inspect the same.
    • After confirming the authenticity, the principal may send the original paper document to the notary public through courier or similar service for the final application of the notarial seal and signature.

  6. Execution of the Document

    • The signatory signs the paper document in view of the notary public during the A/V session, so the notary can see that the signature is indeed affixed.
    • Once the session is finished, the signatory sends the physically signed document to the notary, who then affixes the notarial seal and signature—also physically—on the document.

B. Duties and Responsibilities of the Notary Public

  1. Maintain Integrity of the Process

    • Strictly observe the same standards of diligence, impartiality, and confidentiality as required under the 2004 Rules on Notarial Practice.
    • Ensure the A/V technology is adequate and that the signatory’s identity and willingness are accurately determined.

  2. Journal / Register Entry

    • The notary must make the appropriate entries in the notarial register, indicating that the notarization was performed through remote means.
    • Additionally, notaries are to note details such as the date and time of the remote session, the names of persons present, the type of ID(s) presented, the reason for remote notarization, and any relevant reference to the A/V recording.

  3. Safekeeping of Records

    • The notary must safeguard the recorded A/V session, the digital copies of the documents transmitted, and the notarial register consistent with the 2004 Rules and any additional guidelines set forth by the Supreme Court.
    • Proper security measures, such as encrypted storage, are necessary to prevent unauthorized access or tampering.

  4. Refusal to Notarize

    • As in the 2004 Rules, the notary may refuse to notarize if the mandatory requirements (e.g., valid identification, voluntariness, mental competence) are not satisfactorily met or if the notary suspects fraud, coercion, or undue influence.

V. LEGAL EFFECT AND LIMITATIONS

  1. Validity of Remotely Notarized Documents

    • So long as the procedure is faithfully followed, a document remotely notarized under the 2020 Interim Rules is accorded the same presumption of regularity and authenticity as one notarized under the traditional, in-person process.

  2. Admissibility in Evidence

    • Courts in the Philippines should admit remotely notarized documents as evidence, subject to the usual rules on authenticity, relevancy, and materiality.

  3. Limitations

    • Certain critical transactions, especially those involving substantial real property transfers or estate planning instruments, might present additional complexities. The 2020 Interim Rules do not categorically exclude such documents, but notaries must be exceptionally careful in verifying the capacity and consent of the parties.
    • Because these are interim measures, they may be restricted or expanded by future administrative or legislative action.

  4. Expiration of the Interim Rules

    • The Supreme Court issued these rules on an interim basis. The Court may rescind them entirely, revise them, or incorporate them permanently into the 2004 Rules on Notarial Practice (or their successor rules). Practitioners must keep updated with any formal issuances from the Court.

VI. ETHICAL CONSIDERATIONS

  1. Canon VI (Accountability) and the 2004 Rules on Notarial Practice

    • Canon VI in legal ethics emphasizes a lawyer’s accountability in upholding the integrity of the profession, including notarial services. The notary public acts as an officer of the court and must ensure that the remote notarization process does not degrade the reliability of the notarization.
    • The requirements for personal appearance, verification of identity, and completeness of notarial records are ultimately anchored in the protection of the public from fraud and malpractice.

  2. Risk Management

    • Because technology can be subject to hacking, identity theft, and other forms of cyber fraud, notaries using remote notarization methods must take heightened precautions.
    • Failure to maintain rigorous standards of due diligence in identity proofing or to protect the confidentiality of audiovisual recordings could result in administrative or criminal liability under existing laws.

  3. Good Faith Reliance on Technology

    • Notaries should reasonably rely on stable A/V technology and robust identity-proofing measures, but remain vigilant and maintain a healthy degree of professional skepticism when circumstances or “red flags” warrant further investigation.

VII. BEST PRACTICES AND PRACTICAL TIPS

  1. Obtain Reliable A/V Platforms

    • Use encrypted, reputable conferencing solutions that allow clear video and audio transmissions.
    • Have backup or redundant systems in place to avoid technical disruptions.

  2. Systematic Record-Keeping

    • Organize all recordings, digital copies, courier receipts, and any written communications connected to each remote notarization.
    • Label and index these materials in a manner consistent with your notarial register entries.

  3. Advance Guidance to Clients

    • Before scheduling the remote session, provide clients with written instructions:
      • The type of identification needed;
      • How to sign the document on camera;
      • How to courier the original paper document to the notary;
      • How they can obtain the final notarized copy.

  4. Consult with Colleagues and/or the Supreme Court Circulars

    • Because the Remote Notarization Rules are interim and may be subject to change, keep track of updates from the Supreme Court, the Integrated Bar of the Philippines (IBP), and relevant agencies.
    • Networking with colleagues who have experience in remote notarizations can help clarify ambiguities and share lessons learned.

VIII. CONCLUSION

The 2020 Interim Rules on Remote Notarization of Paper Documents mark a significant, albeit provisional, modernization of notarial practice in the Philippines. By allowing remote notarization under stringent safeguards, the Supreme Court has responded to the practical needs for document execution and authentication during extraordinary times (and possibly for the future).

However, remote notarization demands a greater degree of technological capacity, rigorous identity proofing, and meticulous record-keeping to preserve the sanctity of the notarial act. Notaries public, as officers of the court, must ensure the reliability of the process at every step, strictly adhering to the guidelines to avoid invalidation of notarized documents or professional sanctions.

In sum, the 2020 Interim Rules reflect the Philippine judiciary’s efforts to adapt notarial practice to the evolving realities of modern life, balancing convenience with the unwavering need for authenticity and integrity in legal documents.

Disclaimer: This summary is intended for general informational purposes only and does not constitute legal advice. For any particular situation or additional clarifications, it is best to consult an attorney or refer directly to the official text of A.M. No. 20-07-04-SC, the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), Supreme Court circulars, and other relevant issuances.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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