Dear PAO,

My father is a seaman who is currently on board a ship. He is my sponsor for a student visa application. Recently, I was granted a scholarship to study abroad in Germany. I need him to sign an Affidavit of Financial Support as soon as possible for my visa application, but he will not be back until December of this year. What can I do?

Previously, we executed an affidavit while he was still here in the Philippines. But now we cannot do so because he is overseas, and the lawyer I consulted required his personal appearance. I need to submit his affidavit soon because my classes in Germany will start this August. What can I do?

Alexis

Dear Alexis,

The Supreme Court recently promulgated its Rules on Electronic Notarization (AM 24-10-14-SC dated Feb. 4, 2025), which specifically allows for Remote Electronic Notarization (REN) of documents. REN refers to the notarization of electronic documents through the use of an accredited electronic notarization facility (E ) where the principal and/or their witness/es, if any, virtually appears before the Electronic Notary Public (ENP). Through this innovation, a notary public in the Philippines may now be able to notarize a document even though the principal or the person executing the document cannot physically appear before him or her.

Nonetheless, we wish to emphasize that RENs made outside the Philippines are limited and require the following:

“SECTION 5. Limited Extraterritorial Performance Electronic Notarial Acts. — The ENP shall be allowed to perform any of the electronic notarial acts in the preceding Rule for a principal located outside the Philippines, provided that at the time of the performance of the electronic notarial act, the principal is within the premises of any of the embassies of the Philippines, Philippine consular offices, or offices of Philippine Honorary Consuls abroad.

“The ENP shall confirm the location of the principal abroad by requiring them to pan the video and show that they are within the premises of any Philippine embassies or consular offices. A designated officer from the Philippine embassy or consulate shall also confirm the principal’s presence within the premises to the ENP before proceeding with the performance of the electronic notarial act.” (Sec. 5, Rule IV, Rules on Electronic Notarization)

In the case of your father, the affidavit of support he will execute may be notarized through REN, following the conditions of the Rules on Electronic Notarization. These include: 1) your father must be within the premises of any of the embassies or consular offices of the Philippines at the time of notarization; and (2) his presence must be confirmed by a designated officer of the concerned embassy or consular office.

Thus, REN can be done to address your concern. But it will take some work. Your father has to physically visit a Philippine Embassy or consular office to execute his affidavit of support. He cannot do it inside his cabin.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]