Accepted IDs for Special Power of Attorney Philippines


Accepted IDs for a Special Power of Attorney (SPA) in the Philippines

(A practitioner-oriented review of the legal rules, the most commonly honored documents, and practical tips)


1. Why identification matters

A Special Power of Attorney must be notarised to be valid and enforceable against third parties. Under the 2020 Revised Rules on Notarial Practice (A.M. No. 02-8-13-SC, in force since 1 July 2020) a notary may only proceed if the principal (and the attorney-in-fact, when also signing) personally appears and presents “competent evidence of identity.” Failure to do so can:

  • render the SPA void,
  • expose the notary to administrative liability, and
  • prevent registries, banks, or government agencies from honouring the instrument.

2. Statutory framework

Source Key provision
Civil Code, Arts. 1868 – 1932 General law on agency; Art. 1878 lists acts that must be in an SPA (e.g. sale of real property).
2020 Revised Rules on Notarial Practice
Rule II, §§ 1 & 12
Defines “competent evidence of identity” and enumerates acceptable IDs and credible witness alternatives.
Supreme Court Bar Matter No. 850 (Integrated Bar of the Phils. v. CA, 1997) Stresses that notarial acts enjoy a presumption of regularity only if identification rules are obeyed.
Bangko Sentral ng Pilipinas (BSP) Circular No. 706, as amended KYC list of acceptable IDs—used by banks when judging an SPA presented for bank transactions.
Republic Act No. 11055 (PhilSys Act) Created the Philippine National ID, now expressly recognised in the 2020 Rules as primary ID.

3. “Competent evidence of identity” – the legal test

An ID is competent if it is:

  1. Current (unexpired)
  2. Issued by an official agency of the Philippines (or a foreign government for aliens)
  3. Bears the photograph and signature of the holder

If any one element is missing (e.g., the new PVC PhilHealth card has no signature) the notary must either:

  • ask for a second supplementary ID that contains the missing element, or
  • rely on two credible, personally known witnesses who each present their own competent IDs (§ 12[b]).

4. Commonly accepted primary IDs (2025 practice)

Below is an exhaustive list drawn from the 2020 Rules, BSP circulars, and prevailing notarial practice. Items 1-15 are expressly cited in § 12; the rest are widely honoured because they satisfy the three-part test.

# ID (issuing agency) Notes / common pitfalls
1 Philippine Passport (DFA) Must be signed; e-passports remain valid until expiry.
2 PhilSys ID (National ID) Laminated or PVC; QR code and offline verification available.
3 Driver’s License (LTO) Student-permits are not accepted; plastic card or digitised paper copy.
4 UMID / SSS / GSIS e-Card Check if still valid after retirement.
5 Professional Regulation Commission (PRC) ID Expiry every 5 years; include latest renewal sticker.
6 Postal ID (PhilPost, 3-year validity) New polycarbonate “Improved Postal ID” preferred.
7 Voter’s ID or Voter’s Certificate with photograph (COMELEC) Ensure biometrics-captured version (post-2013).
8 Senior Citizen ID (LGU-issued) Must show LGU seal; unsigned cards rejected.
9 Persons-with-Disability (PWD) ID Valid even without expiry date if undamaged.
10 Overseas Workers Welfare Administration (OWWA) e-Card For OFWs on vacation in PH.
11 OFW ID (DOLE) Cards issued 2017-19 remain valid until replaced by e-Card.
12 Seafarer’s Record Book (SRB/SID) (MARINA) Stamped “VALID” page must be present.
13 NBI Clearance (NBI) Acceptable within 1 year from issue; has QR code but no signature – pair with secondary ID.
14 Police Clearance (PNP) e-copy with QR code; same signature caveat as NBI.
15 Alien Certificate of Registration I-Card (BI) For foreign signatories; must be current.
16 Firearms License Card (PNP-FEO) Often paired with another ID because of limited photo area.
17 PhilHealth PVC Card Requires supplementary signed ID.
18 Government Office / GOCC IDs (e.g., AFP, BIR, DepEd) Acceptable if photo + signature present.
19 Barangay Certificate of Residency Not a primary ID; usable only as supplementary proof.

Tip: When in doubt, bring two IDs that each satisfy all three elements.


5. Special situations

5.1. SPA executed abroad

Filipino principals overseas have two routes:

  1. Consularised SPA – Sign before a Philippine Consul; identification follows the same competent-ID rule (usually Passport or dual Passport + Local Residence Card).
  2. Apostilled SPA – Sign before a local notary abroad, then have it apostilled under the 1961 Hague Convention. Philippine agencies will still scrutinise the foreign notary’s ID procedure, so advise principals to use a Passport for certainty.

5.2. Illiterate or physically unable signatories

Rule III § 2 allows a thumb-mark or mark, but the notary must cite the “competent evidence of identity of the mark affiant” and require two disinterested witnesses. IDs of both witnesses go on record.

5.3. Remote or videoconference notarisation (OCA Circular No. 138-2020)

Permitted in emergencies (e.g., pandemic lockdowns) but the notary must still:

  • visually inspect the original ID over live video,
  • receive a scanned copy for the notarial file, and
  • record the ID details in the electronic notarial register.

6. Recording ID details in the Notarial Register

The notary writes, for each signatory:

Type of ID   | ID No. | Date/Place of Issue | Date of Expiry

A photocopy (or colour scan for e-notarisation) of the ID forms part of the Notarial File kept for 10 years (§ 2, Rule VI). Tampering with or omitting this entry voids the notarisation.


7. Down-stream acceptance of an SPA

Entity Typical ID standard
Land Registration Authority / Registries of Deeds Will recheck the principal’s ID photocopy attached to the SPA; mismatch in middle initials often causes rejection.
Banks & other BSP-supervised institutions Follow BSP Circular 706 list; may demand two primary IDs if the account is high-risk.
BIR, SSS, GSIS Require IDs for both principal and attorney-in-fact when the SPA is used in tax filings or benefit claims.
Pag-IBIG & PhilHealth Accept UMID or PhilSys ID as single ID; otherwise require two.

8. Practical drafting & execution checklist (2025)

  1. Spell-check names against the ID before printing the SPA.
  2. Attach photocopies (or clear scans) of the IDs to the instrument.
  3. Bring at least one spare ID in case the first is rejected (e.g., smudged signature).
  4. Ensure the attorney-in-fact also brings ID if the notary will make him/her sign an “Acceptance.”
  5. For real-estate or motor-vehicle transactions, insert the ID numbers of both parties in the body of the SPA to satisfy LRA/LTO examiners.
  6. Remind overseas principals that a Philippine Passport is the safest ID for consular notarisation.

9. Penalties for non-compliance

Violation Consequence
Notary fails to obtain competent ID Notarial act deemed void; notary liable for suspension or revocation of commission (Rule XI).
Falsified or expired ID used SPA may be annulled; principal may face estafa or falsification charges.
False statement about identity Criminal liability under Art. 172, Revised Penal Code (falsification of documents).

10. Key take-aways

  • Bring at least one current, government-issued photo-and-signature ID—preferably Passport, PhilSys, Driver’s Licence, or UMID.
  • For anything missing a signature (e.g., PhilHealth, NBI), pair it with another signed ID or be ready to bring two credible witnesses.
  • Photocopy the IDs and staple them to the SPA; it speeds up downstream acceptance by banks, registries, and government agencies.
  • For overseas execution, passport + apostille (or consular notarisation) remains the gold standard.
  • Always check the 2020 Revised Rules on Notarial Practice and any local notarial guidelines, as lists may expand (e.g., new digital IDs).

Disclaimer

This article is for general informational purposes and does not constitute legal advice. Laws and administrative rules change; when in doubt, consult a Philippine notary public or attorney familiar with agency and notarial practice.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.