Introduction

In the evolving landscape of legal documentation in the Philippines, electronic notarization has emerged as a pivotal mechanism to facilitate efficient, secure, and accessible notarial services. Governed primarily by the Supreme Court's rules and relevant legislation, electronic notarization allows notaries public to perform notarial acts remotely using digital tools, such as video conferencing and electronic signatures. This practice gained significant traction during the COVID-19 pandemic and has since been formalized to align with the country's digital transformation agenda under laws like Republic Act No. 11032 (Ease of Doing Business and Efficient Government Service Delivery Act of 2018) and the Data Privacy Act of 2012 (Republic Act No. 10173).

The fees associated with electronic notarization are a critical aspect, ensuring affordability while compensating notaries for their expertise and the technological infrastructure required. This article comprehensively explores the legal framework, fee structures, regulatory oversight, variations, and implications of fees for electronic notarization in the Philippine context, drawing on established rules and practices as of early 2026.

Legal Framework Governing Electronic Notarization

Electronic notarization in the Philippines is anchored in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), as amended, particularly through subsequent Supreme Court issuances that incorporate digital elements. Key milestones include:

A.M. No. 20-07-04-SC (2020 Interim Rules on Remote Notarization of Paper Documents): This introduced remote online notarization (RON) as a temporary measure during the pandemic, allowing notaries to use audio-video technology for notarial acts. Fees under these interim rules were aligned with traditional notarial fees to prevent exploitation.
A.M. No. 21-07-23-SC (2021 Amendments to the Rules on Notarial Practice): These amendments permanently integrated electronic notarization, defining it as the performance of notarial acts using electronic means, including electronic signatures compliant with Republic Act No. 8792 (Electronic Commerce Act of 2000). The rules emphasize that electronic notarial acts must maintain the same integrity and evidentiary value as traditional ones.
Supreme Court En Banc Resolutions on Digital Notarization (2022-2025): Ongoing updates have refined the process, including requirements for notaries to register with the Supreme Court's Notarial Affairs Office and use approved platforms like those certified by the Department of Information and Communications Technology (DICT). These resolutions also address fee transparency in electronic contexts.

Additionally, the Integrated Bar of the Philippines (IBP) provides guidelines through its chapters, ensuring uniformity while allowing regional adjustments. The framework prohibits notaries from engaging in unauthorized practice, such as using unapproved digital tools, which could invalidate the notarization and lead to fee disputes.

Definition and Scope of Electronic Notarization

Electronic notarization encompasses the remote verification of documents via electronic means, where the notary witnesses the signing through secure video links and affixes an electronic notarial seal. Common documents include affidavits, deeds of sale, contracts, powers of attorney, and certifications. The process requires:

Identity verification using government-issued IDs or biometric tools.
Secure electronic platforms compliant with ISO/IEC 27001 standards for information security.
Recording of the session for audit purposes, retained for at least ten years.

Unlike traditional in-person notarization, electronic versions reduce physical presence requirements, making them ideal for overseas Filipinos or those in remote areas. However, not all documents qualify; for instance, wills and certain real property transactions may still mandate physical presence under the Civil Code of the Philippines (Republic Act No. 386).

Fee Structure for Electronic Notarization

Fees for electronic notarization are not distinctly separated from traditional fees but are subject to the same caps and guidelines, with provisions for reasonable additional charges related to technology. The Supreme Court, under Rule XIII of the Notarial Rules, mandates that fees be "reasonable and commensurate to the services rendered," prohibiting excessive charging.

Standard Notarial Fees

The baseline fees are derived from Supreme Court-approved schedules and IBP recommendations, which vary slightly by region but are standardized for fairness. As of 2026, typical fees include:

Jurat (Swearing to the Truth of a Document): PHP 100 to PHP 200 per document. This applies to affidavits and sworn statements.
Acknowledgment (Verification of Signature): PHP 200 to PHP 500 per signatory, depending on the document's complexity. For multiple signatories, fees are multiplicative but capped at PHP 2,000 per document.
Certification or Copy Certification: PHP 50 to PHP 100 per page, plus PHP 200 for the notarial act.
Special Power of Attorney or Deed of Sale: PHP 500 to PHP 1,500, based on the document's value or length.
Contracts and Agreements: PHP 300 to PHP 1,000, with higher fees for voluminous documents (e.g., exceeding 10 pages).

These fees are inclusive of value-added tax (VAT) where applicable, as notaries are considered professionals under the Tax Code.

Additional Fees for Electronic Components

Recognizing the costs of digital infrastructure, the rules permit supplementary charges, provided they are disclosed upfront and itemized:

Technology Fee: PHP 100 to PHP 300 for using secure video platforms, electronic signature software, and cloud storage. This covers subscription costs to approved providers like DocuSign or Philippine-based platforms certified by DICT.
Recording and Archiving Fee: PHP 50 to PHP 200 for session recording and secure digital storage, mandatory under the rules for evidentiary purposes.
Expedited Service Fee: PHP 200 to PHP 500 for same-day or urgent electronic notarizations, justified by the notary's availability outside regular hours.
International Access Fee: For overseas clients, an additional PHP 300 to PHP 700 may apply to account for time zone differences and international data compliance under the Data Privacy Act.

Total fees for a standard electronic notarization typically range from PHP 300 to PHP 2,500, depending on the document type and add-ons. Notaries must issue official receipts, and fees are non-refundable unless the notarization is invalidated due to notary error.

Regional Variations

IBP chapters may recommend adjusted fees based on local economic conditions:

Metro Manila and Urban Areas: Higher end of the spectrum (e.g., PHP 500 for acknowledgment) due to higher operational costs.
Provincial Areas: Lower fees (e.g., PHP 200 for jurat) to ensure accessibility.
Special Zones: In economic zones or areas with high digital adoption, like Cebu or Davao, fees may include incentives for eco-friendly practices, reducing paper-based costs.

Regulatory Oversight and Compliance

The Supreme Court exercises strict oversight through its Office of the Court Administrator (OCA), which monitors compliance via annual audits and complaint mechanisms. Notaries must:

Register their electronic notarial system with the OCA and obtain a digital certificate from a Certification Authority accredited under the Electronic Commerce Act.
Display fee schedules prominently on their websites or during video consultations.
Report all notarial acts, including fees collected, in their notarial register, which is now digitized for electronic submissions.

Violations, such as overcharging or hidden fees, are punishable under Rule XIV of the Notarial Rules:

Administrative Penalties: Suspension or revocation of notarial commission for first offenses; disbarment for repeated violations.
Civil Liabilities: Refund of excess fees plus damages, enforceable through small claims courts.
Criminal Sanctions: Under the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), overcharging could lead to fines up to PHP 1,000,000 or imprisonment.

Clients can file complaints with the IBP or OCA, with resolution timelines of 30-60 days. The rules also protect vulnerable groups, such as senior citizens and persons with disabilities, by mandating fee waivers or reductions under Republic Act No. 9994 (Expanded Senior Citizens Act).

Comparison with Traditional Notarization Fees

Electronic notarization fees are generally comparable to traditional ones but often lower overall due to reduced travel and printing costs for clients. However, the tech add-ons can make them slightly higher in complex cases. For instance:

A traditional acknowledgment might cost PHP 300 (including travel), while electronic could be PHP 400 (with tech fee) but saves time.
Bulk notarizations benefit more from electronic methods, as fees per document decrease with volume discounts allowed under IBP guidelines (up to 20% off for 5+ documents).

Challenges and Emerging Issues

Despite the structured fee system, challenges persist:

Accessibility: High fees for tech infrastructure may deter low-income users, prompting calls for subsidies from the government.
Inflation Adjustments: Fees are reviewed biennially by the Supreme Court, with the last adjustment in 2024 increasing baselines by 10% to account for inflation.
Cybersecurity Costs: Notaries bear additional expenses for data protection, which may indirectly influence fees.
International Recognition: For documents used abroad, apostille fees under the Apostille Convention (effective in the Philippines since 2019) add PHP 1,500 to PHP 3,000, applicable to electronic notarizations via the Department of Foreign Affairs.

Future reforms may include a unified national fee schedule or integration with the Philippine National Public Key Infrastructure for lower costs.

Conclusion

Fees for electronic notarization in the Philippines strike a balance between affordability, professional compensation, and technological investment, ensuring the practice remains viable in a digital era. Rooted in Supreme Court rules and supportive legislation, these fees promote legal efficiency while safeguarding public interest. As the country advances its digital agenda, ongoing refinements will likely enhance transparency and equity, making electronic notarization a cornerstone of modern Philippine jurisprudence. Parties engaging in such services are advised to verify notary credentials and fee disclosures to avoid disputes.