Notarization serves as a critical safeguard in Philippine legal transactions, ensuring the authenticity of documents, the voluntariness of acts, and the identity of signatories. By affixing a notarial seal and signature, a notary public certifies that the person appearing before them is who they claim to be and that the document was executed freely. Central to this function is the requirement for competent evidence of identity, which prevents fraud, forgery, and impersonation in acknowledgments, jurats, oaths, and other notarial acts.

The legal foundation for these requirements is the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), promulgated by the Supreme Court of the Philippines and effective August 1, 2004. These rules remain the primary governing framework for notarial acts performed by commissioned notaries public. They define the duties of notaries, prescribe the standards for verifying identity, and outline the consequences of non-compliance. Subsequent laws, such as Republic Act No. 11055 (Philippine Identification System Act of 2018), have reinforced the role of standardized government-issued identification in official transactions, including notarization.

Legal Basis and Core Requirements

Under Rule II, Section 12 of the 2004 Rules, a notary public shall not perform a notarial act unless the individual signer is either:

(a) personally known to the notary public, or
(b) presents competent evidence of identity.

"Personally known" means the notary has sufficient prior personal acquaintance with the individual such that the notary can confidently identify them without additional proof. This is a narrow exception, typically limited to long-time clients, relatives, or close associates. In practice, most notaries require documentary evidence even from known individuals to maintain a clear record and avoid disputes.

"Competent evidence of identity" is defined as the identification of an individual based on:

At least one current identification document issued by an official agency that bears the photograph and signature (or thumbmark, where applicable) of the individual; or
The oath or affirmation of credible witnesses who can attest to the identity of the signer.

The notary must indicate in the notarial certificate the specific method used to establish identity (e.g., "identified by competent evidence of identity consisting of [type of ID], No. [number]").

The ID must be current—meaning unexpired at the time of notarization—and must contain a recent photograph that reasonably matches the person appearing before the notary. Expired documents do not qualify. The notary exercises discretion in assessing the validity and sufficiency of the presented evidence but must act in good faith and with due diligence.

Primary Method: Government-Issued Identification Documents

The 2004 Rules provide an illustrative, non-exhaustive list of acceptable identification documents. Because the phrase "such as but not limited to" is used, other government-issued IDs meeting the criteria of bearing a photograph and signature may also be accepted at the notary’s reasonable discretion, provided they are issued by an official Philippine government agency or a recognized foreign authority (for non-citizens).

Commonly accepted competent evidence of identity includes:

Philippine Passport (issued by the Department of Foreign Affairs)
Driver’s License (issued by the Land Transportation Office)
Professional Regulation Commission (PRC) ID
National Bureau of Investigation (NBI) Clearance
Police Clearance (issued by the Philippine National Police)
Postal ID (issued by PhilPost)
Voter’s ID or Voter’s Certificate (issued by the Commission on Elections)
Barangay ID or Barangay Certification (issued by the Barangay Captain)
Government Service Insurance System (GSIS) e-Card or UMID
Social Security System (SSS) ID or UMID
PhilHealth ID
Senior Citizen ID (issued by the Office of Senior Citizens Affairs)
Overseas Workers Welfare Administration (OWWA) ID or Overseas Filipino Worker (OFW) ID
Seafarer’s Identification and Record Book (Seaman’s Book)
Integrated Bar of the Philippines (IBP) ID (for lawyers)
Unified Multi-Purpose ID (UMID)
Philippine Identification Card (PhilID or National ID), issued under Republic Act No. 11055 by the Philippine Statistics Authority (PSA)

The PhilID, in particular, serves as a primary and universal form of identification. It contains biometric data, a photograph, and a signature, and is explicitly recognized for all government and private transactions, including notarization. Its rollout has significantly streamlined identity verification nationwide.

For foreign nationals, acceptable documents typically include:

Valid foreign passport (with appropriate visa or stamp)
Alien Certificate of Registration Identity Card (ACR I-Card) or its successor equivalents issued by the Bureau of Immigration
Special Investor’s Resident Visa (SIRV) or other valid immigration documents bearing photo and signature

Notaries may require supplementary documents (such as a marriage certificate for name changes) when the name on the ID differs from the document being notarized.

Private company IDs, student IDs, or membership cards generally do not qualify as competent evidence unless they are supplemented by other government-issued documents or credible witnesses, as they are not issued by official agencies.

Alternative Method: Credible Witnesses

When the signer lacks acceptable photo-bearing identification or the notary requires additional assurance, identity may be established through credible witnesses. The rules recognize two scenarios:

One credible witness who is personally known to the notary public and who personally knows the individual signer.
Two credible witnesses, neither of whom is a party to or beneficiary of the instrument, each of whom personally knows the individual and presents their own documentary identification to the notary.

A "credible witness" must be of good moral character, not related to the transaction, and capable of taking an oath. The witnesses must appear personally before the notary, take an oath affirming their knowledge of the signer’s identity, and sign the notarial register. This method is less commonly used in routine notarizations but remains a valid safeguard in exceptional cases.

Special Cases and Additional Considerations

Minors and Incapacitated Persons
Minors who are at least 18 years old may execute notarial acts independently if legally capacitated. For those below 18 or persons under guardianship, parental consent or guardian representation is required, and identity verification applies to both the minor/ward and the consenting adult. Thumbmarks may substitute for signatures in appropriate cases, attested by witnesses.

Illiterate or Disabled Persons
The notary must ensure the document is read and explained to the person, who then affixes a thumbmark. Two disinterested witnesses typically attest to the voluntariness of the act. Competent evidence of identity remains mandatory for the principal.

Corporate or Representative Acts
When a person signs in a representative capacity (e.g., as corporate officer), the notary verifies both the individual’s identity and authority (via board resolution, secretary’s certificate, or special power of attorney). The representative must still present personal competent evidence of identity.

Documents for Apostille or Authentication
The same identity requirements apply when notarized documents are submitted for authentication by the Department of Foreign Affairs. The PhilID and other listed government IDs are routinely accepted in these processes.

Record-Keeping
Notaries must maintain a notarial register recording the type of competent evidence presented, the ID number, date and place of issuance, and other details. This register serves as official evidence in case of disputes.

Consequences of Non-Compliance

Failure to require competent evidence of identity renders the notarial act defective and potentially voidable. The document may be challenged in court for lack of proper authentication. For the notary, violations constitute grounds for disciplinary action by the Supreme Court, including suspension or revocation of the notarial commission, fines, or disbarment in grave cases. Willful or negligent acts that facilitate fraud may also trigger criminal liability under the Revised Penal Code (e.g., falsification of public documents).

Practical Guidance and Evolving Standards

Notaries are encouraged to adopt a conservative approach, preferring primary government-issued IDs with photographs. The widespread adoption of the PhilID has reduced disputes over acceptable identification. In all cases, the notary’s paramount duty is to uphold the integrity of the notarial process, balancing accessibility with the prevention of fraud.

The rules emphasize that notarization is a public trust. Proper verification of identity through competent evidence protects the parties, the courts, and the public from invalid or fraudulent instruments. This framework, rooted in the 2004 Rules and strengthened by national identification reforms, continues to govern notarial practice comprehensively across the Philippines.