Extraterritorial e-notarization and how it could make things easier for Filipinos abroad

BEGINNING October 19, 2026, the Rules on Electronic Notarization (A.M. No. 24-10-14-SC) will be fully operational in the Philippines. Aside from allowing documents to be notarized through virtual appearance using a secure and accredited platform, the new notarial rules introduce another interesting feature: extraterritorial electronic notarization.

Section 5, Rule IV of A.M. No. 24-10-14-SC provides for the “Limited Extraterritorial Performance of Electronic Notarial Acts.” This refers to a setup where a duly commissioned electronic notary public in the Philippines may perform notarial acts for parties located abroad. This section covers both Filipinos and foreigners who wish to have their documents notarized by a Filipino lawyer while they are overseas.

How does it work? It is basically the same as performing notarial acts through remote electronic notarization, the only difference being the location of the principal or principals.

At the time of the performance of the electronic notarial act, the principal/s abroad should be within the premises of any Philippine embassy, Philippine consular office, or office of the Philippine Honorary Consul.

The lawyer in the Philippines, who acts as the electronic notary public, must in turn confirm the location of the principal/s abroad by requiring them to pan the camera and show that they are within the premises of any Philippine embassy or consular office. This is done through the accredited electronic notarization facility where the notarial act shall be processed, as these facilities have built-in audiovisual conferencing features.

To further verify the location, a designated officer of the Philippine embassy or consulate shall also confirm the principal’s presence within the premises. Only after such confirmation shall the performance of the electronic notarial act proceed.

For example, you are a Filipino based in London who is selling a condominium unit you own in the Philippines. While you are out of the country, an interested buyer reaches out. You agree on the terms of the sale and eventually, a deed of sale is drafted.

Since you are the sole owner of the unit, you have to sign the deed as the seller, but the problem is you’re not in the Philippines.

Traditionally, this quandary is resolved by executing a special power of attorney (SPA) authorizing someone to sign on your behalf in the Philippines. But if you’re abroad, you still need to have the SPA notarized and apostilled or consularized, depending on which country you are in.

Now, contracts between a party in the Philippines and a party abroad – like the deed of sale in the example – may be notarized on a single occasion, applying Section 5, Rule IV of the Rules on Electronic Notarization.

This takes away the extra step of having an SPA notarized and apostilled or consularized abroad. Under the new notarial rules, the primary document itself may be electronically notarized without the need for an SPA. The principal himself can now affix his signature to the electronic document in his own capacity, and not through a representative or attorney-in-fact.

With the exception of notarial wills, depositions, and paper documents with wet signatures or marks, extraterritorial electronic notarization offers a potentially less expensive and faster way for legal documents to be formally executed.

But one must remember that convenience must never come at the expense of compliance. For these documents to enjoy the same validity, force, and effect as those notarized under the traditional notarial rules, strict compliance with Section 5, Rule IV of the Rules on Electronic Notarization must be observed.

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Author’s Disclaimer: This article was independently researched, written, and reviewed by the author. It was not generated, drafted, or materially assisted by artificial intelligence (AI) or any AI-powered writing tool. The analysis, views, and conclusions expressed herein are solely those of the author.

Atty. Jonel P. Amio is an Ilonggo lawyer based in Makati City. He is a Junior Partner at BLBA Law Firm. You may reach him at jamio.blbalaw@gmail.com/PN

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