Below is a comprehensive legal article on how to notarize an Affidavit of Self-Employment in the Philippines, with a focus on potential online or remote notarization procedures (sometimes referred to as e-notarization). This article is for informational purposes only and does not constitute legal advice. For specific concerns, always consult a licensed Philippine attorney or a duly commissioned notary public.

I. Introduction

Self-employed individuals often need a notarized affidavit to serve as formal proof of their work and income sources. This may be required for:

Government transactions (e.g., registering as self-employed with the Bureau of Internal Revenue).
Loan applications or financial verifications.
Visa applications or immigration requirements.
Other legal or administrative processes where proof of self-employment is necessary.

Traditionally, notarization in the Philippines has been an in-person process, requiring the affiant (the person making the statement) to appear physically before a notary public. However, with developments in technology and special provisions (particularly highlighted during the COVID-19 pandemic), interest in online or remote notarization has grown.

Below is an overview of the legal framework, practical steps, and tips on creating and notarizing an Affidavit of Self-Employment—either in person or through any emerging online notarization procedures permitted under Philippine law.

II. Legal Framework for Notarization in the Philippines

The 2004 Rules on Notarial Practice (as amended)
- Issued by the Supreme Court of the Philippines, these rules govern the conduct of notaries public and the procedures for notarization.
- They underscore that notarization requires the physical presence and personal appearance of the signatory before the notary public, except in limited circumstances or under special guidelines issued by the Supreme Court.
Traditional Requirements under the 2004 Rules
- Personal Appearance: The affiant must appear before a notary public.
- Proper Identification: The affiant must present a competent evidence of identity (e.g., passport, driver’s license, SSS/GSIS ID, UMID, PRC ID).
- Notarial Register: The notary public records the notarization details in a notarial register.
- Document Requirements: The document must contain complete details (i.e., name, personal circumstances, statements of truth, attestation clause, signature).
Remote or Online Notarization
- Legal Uncertainty: Philippine law has traditionally required face-to-face notarization. However, during the COVID-19 pandemic, the Supreme Court allowed certain court documents to be notarized virtually under strict guidelines—but only for specific judicial affidavits or pleadings.
- Proposed Measures: There have been discussions and proposals to permit broader remote notarization, but as of this writing, no permanent nationwide law or rule fully institutionalizes online notarization for all documents.
- Local Courts’ Circulars: Some guidelines or circulars have been issued by the Supreme Court for remote notarization of select documents, particularly during quarantines or public health emergencies. These rules are typically time-bound and subject to revision.

Key Takeaway: True “online notarization,” where no personal appearance is needed at any point, is not yet universally authorized in the Philippines. Always check if there are updated Supreme Court circulars or new laws that might allow or extend such practices.

III. Affidavit of Self-Employment: Key Components

An Affidavit of Self-Employment is a sworn statement attesting that an individual earns income from self-employment rather than from an employer-employee relationship. It should include:

Title: “Affidavit of Self-Employment.”
Affiant’s Personal Information: Full legal name, residential address, age, nationality, and civil status.
Statement of Self-Employment: A concise description of the nature of the affiant’s self-employment or business.
Income Details: Outline of earnings, frequency of income, and, if possible, the average monthly or annual revenue.
Purpose: Specific reason for which the affidavit is being prepared (e.g., to support a visa application, to open a bank account, to file tax documents).
Attestation Clause: A statement declaring that all information provided is true and correct to the best of the affiant’s knowledge.
Signature: The affiant must sign the affidavit.
Jurat Section (for notarization): This is where the notary public will certify that the affiant personally appeared, presented proper ID, and swore under oath as to the truth of the statements.

Tip: Always be consistent and precise with the details. Errors or discrepancies in the affidavit may cause questions in the verifying process or possible rejection of the document.

IV. Preparing Your Affidavit of Self-Employment

Draft the Affidavit:
- You can consult a lawyer or paralegal, use a standard template, or write your own from scratch.
- Ensure clarity, correctness, and completeness of the factual statements.
Review for Accuracy:
- Check personal information (name, address) against valid government IDs.
- Provide truthful information regarding your self-employment status.
- Confirm any references to supporting documents (e.g., business registration certificate, DTI permit, BIR registration).
Print or Prepare Electronic Copy:
- If you are attempting online notarization (when permitted), you may keep an electronic draft ready.
- If you plan to appear physically, print out at least two copies (one for your file, one for the notary’s notarial register).

V. Steps for Traditional (In-Person) Notarization

Find a Commissioned Notary Public
- Check the notary’s commission status, office location, and fees.
Personal Appearance
- Bring the physical copy of your Affidavit of Self-Employment.
- Present at least one government-issued ID to the notary.
- Sign the affidavit in front of the notary, if you have not already signed it.
Oath Taking
- The notary public will administer the oath and confirm that you voluntarily executed the affidavit and understand its contents.
Notarial Register and Seal
- The notary will record the transaction in the notarial register.
- The document is stamped/sealed and signed by the notary to complete the notarization process.
Pay the Notarial Fee
- Fees for notarization can vary, but are subject to the rates set by the local Chapter of the Integrated Bar of the Philippines (IBP).

VI. Potential Online Notarization in the Philippines

Because the rules on electronic or online notarization in the Philippines are still evolving, the following points are primarily informational and should be verified with current regulations or Supreme Court circulars:

COVID-19 Pandemic Measures
- During strict lockdowns, the Supreme Court introduced guidelines allowing video-conferencing notarization for certain pleadings and court-related documents.
- These measures were time-bound and often applied only to specific cases or subject to a judge’s or court’s discretion.
Requirements Under Proposed or Pilot Remote Notarization
- Video Conference: The affiant must appear live on video before the notary.
- Secure Platform: Use a recognized, secure online platform that can record the session.
- Electronic Signatures: Both the affiant and the notary may use qualified electronic signatures, if legally recognized.
- Identity Verification: The notary must verify the affiant’s identity with credible documents or online data verification methods.
- Document Handling: After the session, parties typically exchange signed and sealed documents physically or through a secure e-document protocol recognized by the notary.
Practical Realities and Limitations
- Many notary publics in the Philippines may be unfamiliar with or do not yet offer remote notarization services.
- Existing legal infrastructure strongly favors or requires physical presence for most notarization.
- Any remote notarization done outside officially sanctioned guidelines risks being considered invalid or subject to challenge.
Due Diligence
- If you find a notary public claiming to offer online notarization, verify if their process complies with existing Supreme Court rules or pilot project guidelines.
- Always confirm the authenticity of the notarial act and the notary’s official commission.

VII. Tips and Best Practices

Check for Updates:
- Monitor official Supreme Court announcements for any changes in the notarial practice rules.
- Inquire with the local IBP chapter for any pilot remote notarization projects.
Prepare Supporting Documents:
- If your affidavit references business certificates, receipts, or tax documents, gather them in advance.
- Having these on hand can streamline the verification process.
Be Wary of Illegitimate Services:
- Online ads or websites offering “instant e-notarization” in the Philippines may not be legally valid.
- Always validate the notary’s credentials and confirm compliance with relevant rules.
Use Clear and Concise Language:
- A well-drafted affidavit is less likely to be questioned or rejected.
- Avoid technical jargon unless necessary.
Keep Multiple Copies:
- After notarization, keep at least one original copy for your own records.
- If you need to submit the affidavit to multiple agencies, you may need additional originals, or certified true copies, as required.
Consult a Lawyer:
- When in doubt, legal advice from a qualified attorney is the most reliable way to ensure your affidavit meets all formal and substantive requirements.

VIII. Frequently Asked Questions

Is online notarization valid for all documents in the Philippines?
- As of now, remote or online notarization is not universally permitted. Only certain court documents or specific scenarios covered by Supreme Court circulars may be eligible. Always verify current regulations.
What if I am overseas but need a notarized Affidavit of Self-Employment from the Philippines?
- Filipinos abroad can execute an affidavit before a Philippine Consulate through consular notarization (sometimes called “acknowledgment” or “consularization”). This is the safest and most accepted route.
Do I need a lawyer to draft an Affidavit of Self-Employment?
- It is not strictly required by law, but having a lawyer’s assistance can help ensure accuracy and compliance with legal formats.
Are there any government fees associated with self-employment affidavits?
- Other than the notarial fee, there is no standard government fee to create an affidavit. Additional fees may arise if the affidavit is required for specific government transactions (e.g., BIR registration, licensing, or permits).
What is the difference between a Jurat and an Acknowledgment?
- A Jurat is used when the affiant swears or affirms the truth of the statements, typically for affidavits.
- An Acknowledgment is for verifying that the signer voluntarily executed the document (commonly used for deeds and contracts).

IX. Conclusion

Notarizing an Affidavit of Self-Employment in the Philippines remains a largely in-person procedure governed by the 2004 Rules on Notarial Practice and subsequent Supreme Court amendments. While there have been experimental or emergency-related allowances for remote notarization, these are not yet universally applied to all documents. If you are exploring online notarization, it is crucial to consult with a duly commissioned notary public or a lawyer to ensure compliance with legal requirements.

In preparing your affidavit, focus on clarity, accuracy, and completeness. Provide valid identification and any supporting paperwork to strengthen your statement’s credibility. Above all, keep abreast of updates from the Supreme Court and the Integrated Bar of the Philippines regarding any changes to notarization rules—especially as the legal landscape evolves to accommodate modern digital solutions.

Disclaimer: This article is intended for general informational purposes and is not a substitute for professional legal counsel. Laws and regulations may change, and each case may have unique facts that affect the applicable legal framework. Always seek the advice of a qualified Philippine attorney or a duly commissioned notary public for specific guidance on your situation.