In an era of rapid digitalization, the legal landscape in the Philippines has had to evolve to balance convenience with the stringent requirements of document integrity. A common question arises: Can a scanned signature be notarized?
The short answer is: Generally, no. Under traditional Philippine notarial rules, a "scanned" or "photocopied" signature cannot be notarized because it violates the core principle of a notarial act—the physical presence of the signatory and the witnessing of the "wet" signing.
However, the introduction of the 2020 Interim Rules on Remote Notarization of Paper Documents and the Rules on Electronic Notarization has introduced specific nuances.
1. The Traditional Rule: Physical Presence
The 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) require the following for a valid notarization:
- Physical Presence: The person signing the document must appear in person before the notary public.
- Identification: The person must present a competent evidence of identity (e.g., Passport, Driver’s License).
- Verification: The person must sign the document in the presence of the notary public.
Because a scanned signature is a digital reproduction of a signature already made elsewhere, a notary cannot certify that they witnessed the act of signing. Therefore, notarizing a document that already has a scanned signature "pasted" onto it is technically a violation of notarial ethics and law.
2. Scanned Signatures vs. Electronic Signatures
It is vital to distinguish between a scanned signature and a Digital/Electronic Signature:
- Scanned Signature: An image (JPEG/PNG) of a handwritten signature. These are easily forged and lack security metadata.
- Electronic Signature: Under the Electronic Commerce Act of 2000 (R.A. 8792), a digital signature that uses encryption or unique identifiers is legally binding for most commercial transactions, but it does not automatically make the document "notarized."
3. Remote Notarization (The COVID-19 Exception)
During the pandemic, the Supreme Court issued A.M. No. 20-07-04-SC, allowing for remote notarization via videoconferencing in localities under quarantine. While this allowed for "distanced" signing, it still did not allow for "scanned" signatures in the way most people think.
- The signatory must still sign a physical piece of paper on camera.
- The physical document is then sent to the notary for their physical seal.
- Crucially: The notary is notarizing the original ink signature, not a digital scan of it.
4. Can Electronic Documents be Notarized?
Under the Rules on Electronic Notarization (A.M. No. 01-7-01-SC), a notary public can notarize an electronic document using a digital signature. However, this is a specialized process where:
- The notary has a registered digital certificate.
- The "signing" happens through secure digital platforms.
- This is not the same as simply emailing a PDF with a scanned signature to a notary.
Summary Table: Scanned vs. Wet Signatures
| Feature | Scanned Signature | Wet/Handwritten Signature |
|---|---|---|
| Physical Presence | Not required (usually sent via email) | Mandatory |
| Authenticity | Low (easily copied/pasted) | High (witnessed by Notary) |
| Legal Validity | Often rejected by banks/courts | Gold standard for legal docs |
| Notarizability | Prohibited (unless via specific E-Rules) | Standard Practice |
The Risks of Notarizing Scanned Signatures
If a notary public agrees to notarize a document where the signature was merely scanned:
- For the Notary: They risk the revocation of their Notarial Commission and administrative sanctions from the Supreme Court.
- For the Client: The document can be declared void or "inadmissible" in court, as it fails to meet the requirements of a public document.
Conclusion
In the Philippines, the law still prioritizes the "wet" signature for notarized documents to prevent fraud and ensure the voluntariness of the act. While technology is moving toward digital integration, a simple scanned image of a signature does not suffice for a valid notarial act. If you need a document notarized, you—or your authorized representative with a Special Power of Attorney (SPA)—must generally appear in person with an original, ink-signed document.
Would you like me to draft a checklist of the valid IDs accepted by Philippine notaries to ensure your next notarization goes smoothly?