1. SCOPE - Notarization of paper documents with handwritten signatures/marks;
not applicable to notarial wills 2. WHERE APPLICABLE - Notary public or at least one of the principals resides, holds office, or is otherwise situated in a locality that is under community quarantine. 3. PLACE OF NOTARIZATION – must be within the territorial jurisdiction of the court which issued the notary public’s commission. 4. NOTARIAL COMMISSION – notary public with a valid and existing notarial commission issued under 2004 Rules on Notarial Practice 5. ACKNOWLEDGMENT PROCEDURE: a. Principal shall deliver of the instrument to the notary public by personal or courier service (Lalamove, Grab, LBC…): the document must be complete, must bear the handwritten signature of the principal, and placed in an envelope with the initials of the principal. i. If principal is unknown to the notary public, provide 2 copies of ID ii. If principal is signing as a representative, 2 certified copies of document granting authority and 2 copies of ID of party granting such authority iii. If the principal is signing for a corporation, 2 copies of ID of Cor. Sec certifying principal’s authority or 2 certified copies of Sec. Cert. (During the Videocon., the principal shall show the notary public his original ID/original document granting his authority to sign for comparison.) b. Principal shall send a video clip of himself actually signing the document delivered to the notary public (CD, USB, email, other means of digital communication) c. Upon receipt of documents, the notary shall schedule the videoconference i. Principal shall confirm his/her identity and location by showing GPS or landmarks ii. Notary shall require the principal to: - confirm that the instrument shown to him is the very same instrument he delivered to the notary - affix his/her signature on a blank paper for comparison with the signature appearing on the document - confirm that the signature appearing on the document belongs to the principal and it was voluntarily affixed by the principal. iii. Notary shall review the video submitted by the principal iv. Principal shall declare that he/she has executed the instrument as his/her free and voluntary deed; if acting as a representative, that he has authority to sign. (if more than 1 principal, each shall be present singly or in group/s during the videoconference) d. Notary shall complete the notarial cert. and affix his signature thereon. The notarial cert. shall state that the notarial act was done through videoconferencing. 6. AFFIRMATION, OATH, OR JURAT PROCEDURE: a. Principal shall deliver of the instrument to the notary public by personal or courier service, placed in an envelope with the initials of the principal. i. If principal is unknown to the notary public, provide 2 copies of ID (During the Videocon. the principal shall show the notary public his original ID for comparison.) b. Principal shall send a video clip of himself actually signing the document delivered to the notary public (CD, USB, email, other means of digital communication) c. Upon receipt of documents, the notary shall schedule the videoconference i. Principal shall confirm his/her identity and location by showing GPS or landmarks ii. Notary shall require the principal to: - Confirm that the instrument shown to him is the very same instrument he delivered to the notary - Confirm that the principal has read the document in its entirety and understood the contents - affix his/her signature on a blank paper for comparison with the signature appearing on the document - confirm that the signature appearing on the document belongs to the principal and it was voluntarily affixed by the principal. iii. Notary shall review the video submitted by the principal iv. Principal shall avow to the whole truth of the contents of the document under penalty of law. (if more than 1 principal, each shall be present singly or in group/s during the videoconference) d. Notary shall complete the notarial cert. and affix his signature thereon. The notarial cert. shall state that the notarial act was done through videoconferencing. 7. WITNESSES TO DOCUMENTS a. Principal shall also provide 2 copies of IDs of witnesses. b. The witnesses shall be present during the videoconference. i. witnesses shall confirm their identities by showing their original IDs and confirm location by showing GPS or landmarks ii. Notary shall determine whether witnesses are disinterested/unaffected parties by asking searching questions iii. Notary shall require the witnesses to: - confirm that their signature in the instrument belongs to them and was voluntarily affixed thereon - Declare that they personally witnessed the principal signing the instrument/affixing thumbmark freely and voluntarily iv. Notary shall review the video submitted by the principal to verify that the witnesses actually saw the signing 8. THUMBMARK/OTHER MARKS IN LIEU OF SIGNATURE a. Principal shall affix said mark in the presence of 2 disinterested or unaffected witnesses who shall sign their own names in addition to the principal’s mark. b. Principal shall deliver of the instrument to the notary public by personal or courier service and provide 2 copies of IDs of principal and witnesses (During the Videocon. they shall show the notary public their original IDs for comparison.) c. Principal shall send a video clip of himself actually signing the document delivered to the notary public in full view of the witnesses (CD, USB, email, other means of digital communication) d. Upon receipt of documents, the notary shall schedule the videoconference i. Principal and witnesses shall confirm their identities and location by showing GPS or landmarks ii. Notary shall require the principal to: - confirm that he/she affixed thumbmark or other mark on the instrument - affix his/her thumbmark or other mark on a blank paper for comparison with the signature appearing on the document - Confirm that the principal has read the document in its entirety and understood the contents iii. Notary shall determine whether witnesses are disinterested/unaffected parties by asking searching questions iv. Notary shall require the witnesses to: - confirm that their signatures in the instrument belong to them and was voluntarily affixed thereon - Declare that they personally witnessed the principal affixing thumbmark freely and voluntarily v. Notary shall review the video submitted by the principal to verify if witnesses actually saw the affixing of the thumbmark/other marks. e. Notary shall complete the notarial cert. and affix his signature thereon. The notarial cert. shall state that the notarial act was done through videoconferencing. f. If principal is unable to sign or affix thumbmark and requests notary to sign on his behalf – i. Principal shall deliver of the instrument to the notary public by personal or courier service and provide 2 copies of his IDs and that of his witnesses ii. Upon receipt of the documents, the notary shall schedule a videoconference with the principal and witnesses: - Principal and witnesses shall confirm their identities and location by showing GPS or landmarks - Notary shall determine whether witnesses are disinterested/unaffected parties by asking searching questions - Confirm principal’s inability to sign or affix thumbmark - Confirm that the principal has read the document in its entirety and understood the contents - Notary shall sign the document within full view of principal and witnesses - Witnesses declare that they personally witnessed the notary signing the instrument on behalf of the principal - “Signature affixed by notary in the presence of (names and addresses of principal and witnesses) iii. Notary shall be required to notarize the instrument by acknowledgement or jurat through videoconferencing. Notary shall complete the notarial cert. and affix his signature thereon. The notarial cert. shall state that the notarial act was done through videoconferencing. 9. COPY CERTIFICATION OF INSTRUMENTS (certify a copy of an instrument/document) SENT BY COURIER a. Principal shall deliver of the instrument to the notary public by personal or courier service, placed in an envelope with the initials of the principal. b. Upon receipt of the documents, the notary shall: i. Determine if the instrument is not a vital record, public record, or publicly recordable (otherwise, request principal to retrieve the same) ii. Schedule a videoconference with the principal - Principal shall confirm that the instrument shown to him is the very same instrument he delivered to the notary - Notary shall make copies thereof - Notary shall compare the instrument with the copies made iii. Notary shall complete the notarial cert. and affix his signature thereon. The notarial cert. shall state that the notarial act was done through videoconferencing. c. COPY CERTIFICATION OF INSTRUMENTS (certify a copy of an instrument/document) SENT BY EMAIL i. Principal shall send a picture or scanned copy of said document by email ii. Notary shall determine if the instrument is not a vital record, public record, or publicly recordable (otherwise, request principal to retrieve the same) iii. Notary shall print out the instrument and schedule a videoconference with the principal - Principal shall confirm that the instrument shown to him is the very same instrument he delivered to the notary - Notary shall make copies thereof - Notary shall compare the instrument with the copies made iv. Notary shall complete the notarial cert. and affix his signature thereon. The notarial cert. shall state that the notarial act was done through videoconferencing. 10. FEES a. Notary may charge the maximum fee, or waive the same in whole or in part (electronic remittance, bank transfer, other means agreed upon) b. Principal shall shoulder all expenses – delivery of instrument, reproduction, and retrieval. 11. MISC. a. Screenshot – notary public shall take a screenshot of the videoconference showing all parties who participated (notary must be seen holding the instrument), which must bear date and time stamp. This screenshot must be attached to the notarial register (this serves as proof of personal appearance of principal and witnesses and shall likewise substitute their signatures). b. Notarial register must include an entry indicating that the notarial act was performed through videoconference. c. Entry of notarial act – the notary shall retain 2 copies of the instrument and attach to these copies the IDs of the parties and the screenshots (first set shall be attached as annexes to the notarial register; other set shall be kept by notary public for his records). d. Refusal to notarize – by the assessment of the notary, the principal or witnesses exhibit behavior that engenders doubt as to their understanding of the instrument or indicates a defect in their consent thereto. e. Registration – IBP shall disseminate a register of notary public in all IBP chapters, which shall indicate the names, numbers, email addresses of said notary publics, and territorial jurisdiction of the courts which issued their commissions (published in IBP website).