Accepted Identification Documents for Executing a Special Power of Attorney (SPA) in the Philippines (Updated to July 2025)
This article is for general information only and does not constitute legal advice. When in doubt, consult a Philippine lawyer or the Notary Public who will notarize your document.
1. Why identification matters
A Special Power of Attorney is void unless it is validly notarized. Under the Civil Code, an SPA must be in a public instrument; the 2004 Rules on Notarial Practice (as amended in 2020) require the notary to verify the principal’s identity through “competent evidence of identity.” Failure to comply exposes the notary to administrative liability and renders the SPA open to later challenge.
2. Legal touch-points
| Provision | Key takeaway |
|---|---|
| Article 1317, Civil Code | Acts performed in another’s name must be authorized—in writing for dispositions of real rights or acts that must appear in a public instrument. |
| 2004 Rules on Notarial Practice, § 12 (as amended, eff. Aug 2020) | Defines “competent evidence of identity.” Specifies ID must be current, issued by an official agency, and bear the photograph and signature of the bearer, or the principal may be identified by two credible witnesses. |
| Republic Act 11055 (PhilSys Act) | Introduces the PhilSys National ID, expressly recognized as a government-issued ID. |
| Data Privacy Act and AMLA | Drive the “know-your-client” attitude now common among notaries, banks, and registries: expect at least one primary ID and, where risk is higher, a second supporting ID. |
3. Categories of acceptable IDs
Below is the industry-standard list used by notaries, registries, banks, and Philippine consulates. All must be original, unexpired, legible, and untampered.
A. Primary Government-issued IDs (stand-alone)
- Philippine Passport (DFA)
- PhilSys National ID (PSA) – cards and e-PhilID print-outs with QR code
- Driver’s License or Student Permit with official receipt (LTO)
- Professional Identification Card (PRC)
- Unified Multi-Purpose ID (UMID) – SSS, GSIS, PhilHealth, Pag-IBIG
- Voter’s ID or Voter’s Certificate with photo & dry-seal (COMELEC)
- Improved Postal ID (PHLPost)
- Senior Citizen ID (LGU, per RA 9994)
- Persons With Disability (PWD) ID (LGU/NCDA)
- Seafarer’s Identification & Record Book (SIRB)
- Alien Certificate of Registration I-Card (ACR I-Card)
- Firearms License Card (PNP-FEO)
- Integrated Bar of the Philippines (IBP) ID
- Overseas Workers Welfare Administration (OWWA) / OFW e-Card
- Barangay ID with barcode/QR & signature (only if barcode/QR verifiable—varies by notary)
B. Secondary or Supporting IDs
(Usually accepted together with a primary ID or when two IDs are required)
- Company or Government Office ID (GOCC, LGU, NGAs)
- School ID (current semester; for students, paired with PSA birth certificate)
- PhilHealth Card with photo, TIN Card with hologram, Pag-IBIG Loyalty Card Plus, GSIS eCard
- Bank ATM / Debit Card bearing photo & signature (rare; bank-issued)
- Barangay Certificate of Residency with photograph & thumb mark (signed by Punong Barangay)
Practice tip: Many notaries now scan the QR code of PhilSys or Postal ID and keep the decoded data in their digital register.
C. When the principal has no ID
- Two credible witnesses personally known to the notary or identified by their own valid primary IDs.
- Consular notarization abroad: most Philippine embassies allow the use of a foreign passport or national ID of the host country if the Filipino passport is lost/expired. The SPA will later carry an apostille or consular seal.
4. IDs not generally accepted
| Reason for rejection | Common examples |
|---|---|
| No photo / no signature | Old TIN cards, earlier PhilHealth cards, most ATM/credit cards |
| Expired | Lapsed passports, old student IDs |
| Photocopies / scans | Printed images on phone, email attachments |
| Tampered / clipped corners | Passport with perforated “CANCELLED” mark |
| “Cedula” (Community Tax Certificate) | Traditionally used for oaths but not competent evidence of identity on its own |
5. Practical checklist for executing an SPA
- Appear in person before the notary (or via videoconference following Supreme Court’s 2020 Interim e-Notarization Rules, if still in force in your locality).
- Bring at least one primary ID; bring a second ID in case of stricter office policy.
- Ensure the name on the ID exactly matches the name to appear on the SPA. For married women, decide whether to use maiden or married surname consistently.
- Sign the SPA only in front of the notary. Thumb-markers need two witnesses.
- Photocopy or scan your ID for the notary’s register; many offices will do this on the spot.
- Collect the notarized original and secure as many certified true copies as needed for the bank, registry of deeds, BIR, or agency where the SPA will be used.
- If the SPA will be used abroad, ask the notary for a Notarial Certificate suitable for DFA apostille; conversely, if the SPA is signed abroad, it must be apostilled or consularized before it can be used in the Philippines.
6. Corporate or Real-Estate SPAs
- Corporate signatories must present a Board Secretary’s Certificate plus their own corporate ID (and the company’s SEC papers if requested).
- When the SPA covers real property (sale, mortgage, lease >1 year), the principal’s ID details are transcribed onto the deed of conveyance submitted to the Registry of Deeds. Using an invalid ID can block registration.
7. Consequences of defective ID verification
| Scenario | Legal effect |
|---|---|
| Notary fails to record ID or accepts an invalid one | Notarization may be annulled in a petition before the RTC; notary can be suspended or disbarred. |
| Fraudulent ID leads to unauthorized sale | SPA deemed void; buyer may lose property; criminal liability (falsification, estafa) possible. |
| SPA rejected by agency (e.g., bank, LRA) | Transaction delayed until a new SPA with proper IDs is produced. |
8. Emerging trends (2023-2025)
- PhilSys adoption: Majority of Metro Manila notaries now list the National ID as their preferred single primary ID.
- E-Notarization platforms: Pilot projects integrate biometric ID validation (live selfie vs. photo on ID).
- Tighter AMLA rules: High-value real-estate SPAs often require two IDs and, for foreign-sourced funds, a copy of the principal’s proof of address abroad.
- Digital UMID and mobile driver’s license (mDL) are rolling out; BSP circulars already direct banks to honor them, so notaries are beginning to follow suit.
9. Best practices for principals and agents
- Keep IDs current—renew passports and driver’s licenses at least six months before expiry.
- When signing an SPA for an elderly parent, bring their Senior Citizen ID and PhilSys ID; if they cannot appear, secure a medical certificate and consider substituted signing with the physician and nurse as witnesses.
- Abroad? Execute the SPA at the nearest Philippine embassy/consulate to avoid the headache of post-execution apostille.
- Review ID details (full middle name, suffixes like Jr., III) for consistency across land titles, bank accounts, and the SPA itself.
Quick reference pocket list (2025)
If you have any ONE of these, you are usually good to go: – PhilSys National ID • Passport • UMID • Driver’s License • PRC ID • Improved Postal ID Bring a backup: company/government office ID, voter’s cert, senior citizen or PWD card.
Bottom line: The safest combination for notarizing a Special Power of Attorney in 2025 is a PhilSys National ID plus one other current government-issued photo ID. Present originals, ensure names match exactly, and sign only in the notary’s presence. Following these guidelines keeps your SPA enforceable and your transaction headache-free.