Electronic Notary Fees for PDS in the Philippines

Introduction

In the Philippine legal landscape, the Personal Data Sheet (PDS) serves as a critical document for civil service eligibility, government employment applications, and various administrative processes under the Civil Service Commission (CSC). Traditionally, the PDS requires subscription and swearing before a notary public to ensure its authenticity and veracity. With the digital transformation of legal processes, electronic notarization has emerged as a viable alternative, particularly accelerated by the challenges posed by the COVID-19 pandemic. This article delves into the intricacies of electronic notary fees specifically for PDS documents, examining the legal framework, applicable charges, procedural requirements, and implications within the Philippine context. It aims to provide a thorough understanding of how electronic notarization intersects with PDS requirements, ensuring compliance while leveraging technological advancements.

Legal Framework Governing Electronic Notarization

The foundation for electronic notarization in the Philippines is rooted in several key laws and regulations. The Electronic Commerce Act of 2000 (Republic Act No. 8792) recognizes the validity of electronic documents and signatures, provided they meet integrity and reliability standards. This act laid the groundwork for digital transactions, including notarization.

More specifically, the Supreme Court of the Philippines amended the 2004 Rules on Notarial Practice through A.M. No. 20-07-04-SC, known as the 2020 Interim Rules on Remote Notarization of Paper Documents. These rules were initially temporary but have been integrated into permanent practice, allowing notaries to perform acts via videoconferencing and electronic means. Subsequently, the Supreme Court en banc approved the Rules on Electronic Notarization (A.M. No. 21-09-04-SC), effective from 2022, which fully operationalizes electronic notarization for various documents, including affidavits and sworn statements like the PDS.

The Civil Service Commission, under CSC Resolution No. 1701077 (2017), mandates the use of the revised PDS Form (CS Form No. 212), which must be subscribed and sworn to. The CSC has adapted to electronic submissions, particularly through its online portals, and recognizes electronically notarized documents as compliant, provided they adhere to Supreme Court guidelines. The Data Privacy Act of 2012 (Republic Act No. 10173) also plays a role, ensuring that electronic notarization processes protect personal information in the PDS.

Applicability to Personal Data Sheets

The PDS, as a sworn declaration, falls under the category of juridical acts that can be electronically notarized. Under the Rules on Electronic Notarization, documents requiring acknowledgment or oath-taking, such as the PDS, are eligible for remote or electronic notarization if the notary is commissioned for electronic acts (e-Notary). Notaries must apply for an e-Notary commission from the Supreme Court, which involves training on secure electronic signature platforms and compliance with cybersecurity standards.

For PDS specifically, electronic notarization is particularly useful in scenarios involving overseas Filipino workers (OFWs), remote government applicants, or during public health restrictions. The CSC accepts electronically notarized PDS for examinations, appointments, and promotions, as long as the electronic signature and seal are verifiable through the notary's digital certificate issued by a Certification Authority accredited by the Department of Information and Communications Technology (DICT).

Procedures for Electronic Notarization of PDS

To electronically notarize a PDS, the following steps are typically followed:

1. Preparation of the Document: The affiant completes the PDS form digitally, ensuring all fields are accurately filled. The form can be downloaded from the CSC website and edited using PDF software.

2. Selection of e-Notary: The affiant engages a commissioned e-Notary. Notaries must use approved platforms like those certified under the Philippine National Public Key Infrastructure (PNPKI) for secure video sessions.

3. Videoconference Session: The notarization occurs via a secure videoconference where the notary verifies the affiant's identity using government-issued IDs, witnesses the signing (electronic or wet-ink scanned), and applies the electronic notarial seal and signature.

4. Electronic Signature and Seal: The notary affixes a qualified electronic signature (QES) compliant with the e-Commerce Act, which includes time-stamping for non-repudiation.

5. Issuance and Storage: The electronically notarized PDS is issued in PDF format with embedded digital certificates. Copies are stored in the notary's electronic journal, which must be maintained for at least 10 years under the Rules.

6. Submission to CSC: The document can be uploaded to CSC portals or submitted electronically to relevant agencies.

Any deviation from these procedures may render the PDS invalid, potentially leading to administrative sanctions under CSC rules or notarial misconduct complaints before the Supreme Court.

Fees for Electronic Notarization

Notarial fees in the Philippines are regulated by the Supreme Court to prevent overcharging and ensure accessibility. Under the 2004 Rules on Notarial Practice, as amended, standard fees apply uniformly to both traditional and electronic notarization, with no premium for digital methods unless specified.

For documents like the PDS, which is classified as an affidavit or sworn statement:

• Basic Notarial Fee: The fee for subscribing an affidavit is set at PHP 100.00 to PHP 200.00, depending on the notary's discretion within the allowed range. This covers the oath-taking or acknowledgment.

• Additional Charges:

  • If the PDS involves multiple pages or attachments (e.g., supporting documents), an additional PHP 50.00 per page may apply.
  • For electronic notarization, there is no explicit surcharge in the rules, but notaries may impose reasonable technology fees for platform usage, not exceeding PHP 100.00, as approved by local Integrated Bar of the Philippines (IBP) chapters.
  • Travel or convenience fees are inapplicable in remote setups, but if the affiant requests a physical copy, printing and delivery costs (PHP 50.00–100.00) may be added.

• Exemptions and Reductions: Government employees notarizing PDS for official purposes may qualify for reduced fees or waivers if performed by in-house notaries in agencies like the Department of Justice or CSC. Indigent affiants can petition for free notarization under the IBP's legal aid programs.

The Supreme Court prohibits notaries from charging beyond these limits, with violations punishable by suspension or disbarment. In practice, average fees for electronically notarizing a standard PDS range from PHP 150.00 to PHP 300.00, inclusive of all elements, based on regional variations (e.g., higher in Metro Manila due to demand).

Challenges and Considerations

While electronic notarization enhances efficiency, challenges persist. Cybersecurity risks, such as hacking of digital signatures, are mitigated by mandatory use of encrypted platforms, but affiants must ensure device security. Accessibility issues in rural areas with poor internet may limit adoption, prompting hybrid approaches.

Legal validity can be contested if the electronic process fails to meet evidentiary standards in court, emphasizing the need for verifiable audit trails. For PDS, inaccuracies in the notarized document can lead to perjury charges under the Revised Penal Code (Article 183), underscoring the importance of truthful declarations.

Recent Developments and Future Outlook

As of 2026, the Supreme Court continues to refine electronic notarization rules, incorporating feedback from pilot programs. Integration with the Philippine Identification System (PhilSys) may soon allow seamless identity verification, potentially reducing fees further. The CSC's push for full digitalization under the Ease of Doing Business Act (Republic Act No. 11032) suggests that electronically notarized PDS will become the norm, with fees stabilized to promote inclusivity.

In conclusion, electronic notary fees for PDS in the Philippines balance affordability with technological integrity, governed by a robust legal framework that prioritizes public service. Stakeholders, including applicants and notaries, must stay abreast of updates to ensure seamless compliance.