Manila Law Office and Notary Public

13/03/2025

Naglabas ang Supreme Court ng rules na nag-aallow ng E-Notarization of Legal Documents

The has taken an important step towards modernizing legal processes by approving the Rules on Electronic Notarization (E-Notarization Rules) – a significant reform that leverages technology to make notarial services more accessible and efficient nationwide.

Under A.M. No. 24-10-14-SC, the Supreme Court En Banc approved the E-Notarization Rules and the Guidelines on the Accreditation of Electronic Notarization Facility Providers (Accreditation Guidelines). These rules introduce Electronic Notaries Public (ENPs), who are authorized to perform notarial acts for individuals located anywhere in the Philippines and, in certain cases, even abroad.

This expanded jurisdiction addresses a key limitation of the 2004 Rules on Notarial Practice (2004 Notarial Rules), where traditional notaries public were restricted to performing notarizations only within their territorial jurisdiction. By allowing ENPs to provide services across the country, the new rules ensure greater accessibility, particularly for those in remote or underserved areas.

The updated framework enables 3 forms of electronic notarization:
- In-Person Electronic Notarization (both principals and witnesses must be physically present)
- Remote Electronic Notarization (principals and witnesses may connect virtually to ENP via videoconferencing)
- Mixed In-Person and Remote

To enhance security, the E-Notarization Rules implements Multi-Factor Authentication (MFA) such as facial recognition, biometrics, and one-time passwords, in compliance with regulations set by the Bangko Sentral ng Pilipinas. The integrity of the electronic notarial book, or the register showing the chronological record of electronic notarial acts, is also safeguarded against tampering. Additionally, all data stored in the ENFs are protected under the Data Privacy Act.

The E-Notarization Rules applies exclusively to electronic documents in Portable Document Format (PDF) or Portable Document Format Archival (PDF/A). Paper documents with handwritten signatures, notarial wills, and depositions will continue to follow the 2004 Notarial Rules.

A part of the Strategic Plan for Judicial Innovations 2022-2027 (SPJI), this initiative aligns with the Supreme Court’s commitment to innovation and expanded access to justice by allowing notarization for electronic documents, including remote notarization through accredited software applications. This reform supplements the traditional mode of notarization under the 2004 Notarial Rules and marks a key milestone in the Court’s ongoing digital transformation.

The E-Notarization Rules takes effect 15 days after its publication on March 9, 2025.

Read the press release in full at https://tinyurl.com/5e9e7h4a.

Read the full text of A.M. No. 24-10-14-SC, Rules on Electronic Notarization, at https://tinyurl.com/55zvmbrf.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

19/01/2025

𝗛𝗼𝘄 𝘁𝗼 𝗧𝗿𝗮𝗻𝘀𝗳𝗲𝗿 𝗥𝗲𝗮𝗹 𝗘𝘀𝘁𝗮𝘁𝗲 𝗧𝗶𝘁𝗹𝗲𝘀 𝗶𝗻 𝘁𝗵𝗲 𝗣𝗵𝗶𝗹𝗶𝗽𝗽𝗶𝗻𝗲𝘀 (𝗙𝗿𝗼𝗺 𝗮 𝗦𝗮𝗹𝗲)
All documents proving the sale must be notarized

𝗛𝗼𝘄 𝘁𝗼 𝗧𝗿𝗮𝗻𝘀𝗳𝗲𝗿 𝗥𝗲𝗮𝗹 𝗘𝘀𝘁𝗮𝘁𝗲 𝗧𝗶𝘁𝗹𝗲𝘀 𝗶𝗻 𝘁𝗵𝗲 𝗣𝗵𝗶𝗹𝗶𝗽𝗽𝗶𝗻𝗲𝘀 (𝗙𝗿𝗼𝗺 𝗮 𝗦𝗮𝗹𝗲)

Properly transferring a real estate title in the Philippines is a critical step to ensure legal ownership and avoid future disputes. This process can be complex and time-consuming, but it is essential to prevent any potential legal issues and financial losses. Here's a simplified guide to help you through the process and ensure a smooth transition of ownership.

𝗣𝗼𝘁𝗲𝗻𝘁𝗶𝗮𝗹 𝗣𝗿𝗼𝗯𝗹𝗲𝗺𝘀

𝙐𝙣𝙧𝙚𝙜𝙞𝙨𝙩𝙚𝙧𝙚𝙙 𝙎𝙖𝙡𝙚𝙨: If a property sale isn't registered and the title isn't transferred, future disputes can arise, especially if the original parties pass away.
𝙄𝙣𝙘𝙤𝙢𝙥𝙡𝙚𝙩𝙚 𝘿𝙤𝙘𝙪𝙢𝙚𝙣𝙩𝙨: Purchasing a property without verifying all documents can lead to issues if supporting documents are missing.
𝘾𝙤𝙧𝙥𝙤𝙧𝙖𝙩𝙚 𝙎𝙖𝙡𝙚𝙨: If a corporation sells a property but dissolves before the title transfer is complete, the buyer may face difficulties.

𝗦𝘁𝗲𝗽-𝗯𝘆-𝗦𝘁𝗲𝗽 𝗚𝘂𝗶𝗱𝗲

𝙄. 𝙋𝙧𝙚𝙥𝙖𝙧𝙖𝙩𝙞𝙤𝙣

1. 𝘿𝙤𝙘𝙪𝙢𝙚𝙣𝙩𝙨 𝙛𝙤𝙧 𝘿𝙚𝙚𝙙 𝙤𝙛 𝙎𝙖𝙡𝙚:

-Deed of Absolute Sale
-Acknowledgment of Payment
-Affidavit of Non-Tenancy (if applicable)
-Affidavit of Land Holdings (if applicable)

2. 𝙎𝙞𝙜𝙣𝙞𝙣𝙜 𝘿𝙤𝙘𝙪𝙢𝙚𝙣𝙩𝙨:

-Both parties sign the Deed of Sale and Acknowledgment Receipt.
-Seller signs the Affidavit of Non-Tenancy (if applicable).
-Buyer signs the Affidavit of Land Holdings (if applicable).

3. 𝘼𝙙𝙙𝙞𝙩𝙞𝙤𝙣𝙖𝙡 𝘿𝙤𝙘𝙪𝙢𝙚𝙣𝙩𝙨

-2 government-issued IDs of both parties
-Tax Identification Number (TIN) of each party
-Original Owner’s Duplicate of Title
Marriage Contract (if applicable)
-Previous Certificate Authorizing Registration (CAR)
-Tax Declaration
-Real Property Tax (RPT) Receipts
-Special Power of Attorney (SPA) if applicable

4. 𝙉𝙤𝙩𝙖𝙧𝙞𝙯𝙖𝙩𝙞𝙤𝙣: Notarize all signed documents.

𝗜𝗜. 𝗣𝗮𝘆𝗺𝗲𝗻𝘁 𝗖𝗼𝗺𝗽𝘂𝘁𝗮𝘁𝗶𝗼𝗻𝘀 𝗮𝗻𝗱 𝗖𝗲𝗿𝘁𝗶𝗳𝗶𝗲𝗱 𝗖𝗼𝗽𝗶𝗲𝘀

1. 𝘽𝙪𝙧𝙚𝙖𝙪 𝙤𝙛 𝙄𝙣𝙩𝙚𝙧𝙣𝙖𝙡 𝙍𝙚𝙫𝙚𝙣𝙪𝙚 (𝘽𝙄𝙍):
-Get computation for Documentary Stamp Tax (DST) and Capital Gains Tax (CGT).

2. 𝘾𝙞𝙩𝙮 𝙏𝙧𝙚𝙖𝙨𝙪𝙧𝙚𝙧’𝙨 𝙊𝙛𝙛𝙞𝙘𝙚:
-Get computation for Transfer Tax and Tax Clearance.

3. 𝘾𝙞𝙩𝙮 𝘼𝙨𝙨𝙚𝙨𝙨𝙤𝙧’𝙨 𝙊𝙛𝙛𝙞𝙘𝙚:
-Obtain a Certified True Copy of the Tax Declaration.

4. 𝙍𝙚𝙜𝙞𝙨𝙩𝙧𝙮 𝙤𝙛 𝘿𝙚𝙚𝙙𝙨:
-Get computation for Registration Fee and a Certified True Copy of the existing Title.

𝗜𝗜𝗜. 𝗣𝗿𝗲𝗽𝗮𝗿𝗲 𝗣𝗮𝘆𝗺𝗲𝗻𝘁𝘀

1. 𝘿𝙚𝙖𝙙𝙡𝙞𝙣𝙚𝙨:

-CGT: 30 days after notarization of Deed of Sale.
-DST: 5th day of the following month from notarization.
-Transfer Tax: 60 days from ex*****on of Deed of Sale.
-Registration Fee: 1 year from CAR release date + 6 months extension if approved by BIR.

𝗜𝗩. 𝗣𝗿𝗼𝗰𝗲𝘀𝘀 𝗣𝗮𝘆𝗺𝗲𝗻𝘁𝘀

1. 𝘽𝙄𝙍:
-Submit required documents to ONETT for computation.
-Pay DST and CGT at the Accredited Agent Bank.
-Return to BIR to file documents and obtain the new CAR.

2. 𝘾𝙞𝙩𝙮 𝙏𝙧𝙚𝙖𝙨𝙪𝙧𝙚𝙧’𝙨 𝙊𝙛𝙛𝙞𝙘𝙚:
-Submit Deed of Sale and IDs.
-Pay Transfer Tax and get the Transfer Tax Clearance.

3. 𝙍𝙚𝙜𝙞𝙨𝙩𝙧𝙮 𝙤𝙛 𝘿𝙚𝙚𝙙𝙨:
-Submit CAR, Deed of Sale, and Transfer Tax Clearance.
-Pay the registration fee.

𝗩. 𝗙𝗼𝗹𝗹𝗼𝘄 𝗨𝗽

1. 𝙍𝙚𝙜𝙞𝙨𝙩𝙧𝙮 𝙤𝙛 𝘿𝙚𝙚𝙙𝙨:
-Follow up on the new Title application.
-Once released, file a copy with the City Assessor’s Office.

𝗩𝗜. 𝗡𝗲𝘄 𝗧𝗮𝘅 𝗗𝗲𝗰𝗹𝗮𝗿𝗮𝘁𝗶𝗼𝗻

1. 𝘾𝙞𝙩𝙮 𝘼𝙨𝙨𝙚𝙨𝙨𝙤𝙧’𝙨 𝙊𝙛𝙛𝙞𝙘𝙚:
-Present the new Title to get a new Tax Declaration.

𝗙𝗶𝗻𝗮𝗹 𝗥𝗲𝗺𝗶𝗻𝗱𝗲𝗿𝘀
Pay close attention to details to avoid delays.
Bring original documents when in doubt.
Be patient due to potential wait times.

By following these steps, you can ensure a smooth and proper transfer of the real estate title.

ᶜᵗᵗᵒ
ᵖʰᵒᵗᵒ ⁿᵒᵗ ᵐⁱⁿᵉ

27/05/2021

GOOD NEWS! EVERYDAY LEGAL FORMS For Work, Home and Business Ebook now available at Google! Legal Forms include:
Demand Letter,
Notice of Dishonor,
Lease Contract,
Deed of Sale,
Donation,
Barangay Complaint,
Pre-Nuptial Agreement,
Last Will and Testament
And MANY MORE!

Philippine Legal Forms - Everyday Legal Forms: For Work, Home and Business - Ebook written by Attorney Neil Jerome A. Rapatan . Read this book using Google Play Books app on your PC, android, iOS devices. Download for offline reading, highlight, bookmark or take notes while you read Philippine Legal...

01/08/2020

GOOD NEWS: SUPREME COURT APPROVES ONLINE NOTARIZATION
(Remote Notarization by Videoconferencing) in the Philippines. Contracts and other legal documents may now be notarized even without personally going or appearing before the Notary Public.

http://sc.judiciary.gov.ph/12490/?fbclid=IwAR0OyWiogNhbLL0c1ObSWMGgb_xvWCgMg0B8YDOhKeQJPzxKO67vRB1xlfY

10/07/2020

ONLINE NOTARIZATION/
ONLINE NOTARY PUBLIC now being pushed

“The changes should come on the notary public side, so when the notary public comes and verifies the identity of the signer, verifies signature, verifies voluntariness, those processes will no longer be face-to-face and will be done through electronic means,” Disini said.

Nine out of 10 lawyers who responded to a recent survey by the University of the Philippines Women Lawyers Circle showed eagerness to use the pandemic as a chance to make notarization digital – as a permanent solution following the COVID-19 outbreak.

01/07/2020

APOSTILLE REQUIREMENT ON NOTARIZED DOCUMENTS for abroad

QUEZON CITY, June 4 (PIA)—The Department of Foreign Affairs (DFA) no longer issues Authentication Certificates with "red ribbon", instead an Apostille is now being affixed to documents for use abroad as a proof of authentication.An Apostille is a certificate that authenticates the origin of a....

26/06/2020

Online oath-taking of new lawyers was conducted last 25 June 2020. Hopefully the Court can come up with guidelines for online notarization for all documents requiring oaths or subscription before a Notary Public.

05/05/2020

Because we know how important it is for you to get urgent legal advise for your rights or your business' success at the safety of your own home. E-CONSULT via ZOOM (or Video Conferencing) now available.