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Rules on Remote Notarization of Paper Documents

(“RON Rules”)

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).

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