Virtual appearance
But how does electronic notarization actually differ from traditional notarization?
The answer is rather evident: electronic notarization – particularly remote electronic notarization – allows the notarization of documents without the need for the signatory to personally appear before the notary public. Such appearance may now be virtual through the use of a designated e-notarization facility (Twala, QLegal, or NotarizeIT).
Virtual appearance through videoconferencing, under the Rules on Electronic Notarization, is the equivalent of an in-person or physical appearance of parties and witnesses for the purpose carrying out the electronic notarization.
Appearance before the notary public is here to stay
The Rules on Electronic Notarization, just like the 2004 Rules on Notarial Practice, as amended, still require the appearance of the signatory or affiant before the notary public can carry out the notarization. Only now, such appearance may be done virtually through remote electronic notarization.
If anything, this decision to retain the requirement of the signatory’s appearance before the notary public in the conduct of electronic notarization strongly affirms the Supreme Court’s position on the matter: appearance before the notary public is here to stay. After all, as jurisprudence instructs, notarization is not an empty, meaningless routinary act, but one invested with substantive public interest.
In one case [Prospero v. Delos Santos, A.C. No. 11583 (Formerly CBD Case No. 11-2878), December 03, 2019], the Supreme Court emphasized that “a notary public should not notarize a document unless the person who signed the same is the very same person who executed and personally appeared before him to attest to the contents and the truth of what are stated therein.”
In the same vein, the Rules on Electronic Notarization require either personal or virtual appearance before the notary public, precisely to preserve public confidence in the integrity and authenticity of notarized documents.
Multi-factor authentication reinforces compliance
This writer is aware that some unscrupulous individuals have – for lack of a better word – “creative” ways of dispensing with the appearance requirement in the notarization of paper documents. As a young lawyer, it is regrettable to see that this is happening and even more lamentable to know that it’s been going on for a long time. The Rules on Electronic Notarization addresses this concern.
Among the key aspects of an accredited e-notarization facility is its multi-factor authentication mechanism, such as, but not limited to, facial recognition, biometrics, one-time password, and such other technology or identity verification mechanism that are consistent with the pertinent issuances of the Bangko Sentral ng Pilipinas. This is in accordance with the with the Guidelines on the Accreditation of Electronic Notarization Facility Providers.
Why is this effective? The multi-factor authentication will force users to log in to their ENF accounts before electronic notarization can be carried out, ensuring that the requirement of appearance before the notary public is fully complied with. The act of notarization will also have audiovisual recordings, on top of its recording in the electronic notarial book. This is a very welcome development as it places measures that would compel strict compliance with the notarization rules.
Personally, I love it when the law and technology collide, especially when the latter is used to effectively enforce the former. Electronic notarization is a perfect example of this.
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Atty. Jonel P. Amio is an Ilonggo lawyer based in Makati City. You may reach him at jamio.blbalaw@gmail.com./PN
