Notarization serves as a critical public function in Philippine law, transforming private documents into instruments clothed with public faith and credit. By affixing a notarial seal and signature, a notary public certifies that the person who executed the document personally appeared, was identified to the notary’s satisfaction, and executed the instrument freely and voluntarily. The cornerstone of this process is the verification of the signatory’s identity through competent evidence. Failure to observe this requirement undermines the integrity of notarial acts, exposes parties to fraud, and exposes the notary to administrative, civil, or criminal liability.

Legal Framework

The primary governing issuance is the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), which took effect on August 1, 2004. Rule II, Section 12 specifically addresses the identification of the affiant or signatory. The Supreme Court has consistently emphasized that a notary public must not proceed with notarization unless the individual is either personally known to the notary or positively identified through competent evidence of identity.

Personal appearance before the notary is mandatory. Video calls, telephone conversations, or mere submission of documents without physical presence do not suffice under the standard rules, except during periods when the Court issued special interim measures (such as the use of video-conferencing during the COVID-19 pandemic under successive Supreme Court issuances). In ordinary practice, the signatory must stand before the notary.

Definition of Competent Evidence of Identity

Rule II, Section 12 defines competent evidence of identity as:

“the identification of an individual based on at least one current identification document issued by an official agency bearing the photograph and signature of the individual.”

The phrase “such as but not limited to” indicates that the list is illustrative rather than exhaustive. The key criteria are:

Issued by an official agency (typically a government body or authorized entity performing public functions);
Contains a recent photograph;
Bears the signature of the holder;
Is current (not expired at the time of notarization).

Notaries are required to exercise reasonable diligence. They must inspect the document for signs of tampering, alteration, or obvious falsity. Photocopies are generally unacceptable; the original or a certified true copy must be presented. The details of the identification document (type, number, date of issuance, and expiry) must be recorded in the Notarial Register.

List of Valid Competent Evidence of Identity

The following are the most commonly accepted and explicitly recognized forms of competent evidence under the 2004 Rules and consistent jurisprudence and practice:

Philippine Passport – Issued by the Department of Foreign Affairs (DFA). Universally accepted as the strongest form of identification.
Driver’s License – Issued by the Land Transportation Office (LTO). Must be valid and unexpired.
Professional Regulation Commission (PRC) ID – Issued to licensed professionals (engineers, accountants, teachers, nurses, lawyers, etc.).
National Bureau of Investigation (NBI) Clearance – Current clearance bearing photo and signature.
Police Clearance – Issued by the Philippine National Police (PNP).
Philippine Postal Corporation (PhilPost) ID – The official postal identification card.
Voter’s ID or Voter’s Certificate – Issued by the Commission on Elections (COMELEC).
Barangay ID or Barangay Certification – Issued by the barangay captain or authorized officer. While some barangay IDs now include photos, a plain certification that the person is a resident known to the captain may be accepted when accompanied by other corroborating evidence, though it is considered weaker.
Government Service Insurance System (GSIS) ID or eCard / Unified Multi-Purpose ID (UMID) – Issued to government employees and pensioners.
Social Security System (SSS) ID or UMID – Issued to private sector members.
PhilHealth ID – Issued by the Philippine Health Insurance Corporation.
Senior Citizen ID – Issued by the Office of the Senior Citizens Affairs (OSCA) of the local government unit.
Overseas Workers Welfare Administration (OWWA) ID or Overseas Filipino Worker (OFW) ID – Issued to documented overseas workers.
Seafarer’s Identification and Record Book (Seaman’s Book) – Issued by the Maritime Industry Authority (MARINA).
Alien Certificate of Registration (ACR) / Immigrant Certificate of Registration (ICR) / ACR I-Card – For foreign nationals, issued by the Bureau of Immigration.
Government Office IDs – Issued by various agencies such as the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), Department of Education, Department of Health, Pag-IBIG Fund (HDMF) ID, and other national or local government offices, provided they bear photo and signature.
National Council on Disability Affairs (NCDA) Certification (formerly NCWDP) – For persons with disabilities.

Other government-issued cards that meet the photo-and-signature standard, such as certain local government unit (LGU) employee IDs or Department of Social Welfare and Development (DSWD) IDs, are generally accepted when they satisfy the criteria.

Private IDs (company employee IDs, school IDs from private institutions, bank cards, credit cards, or club memberships) are not considered competent evidence unless they are issued by an official government agency or are specifically authorized by the Supreme Court. Student IDs from state universities and colleges are sometimes accepted as supplementary but rarely as sole evidence.

Alternative Method: Credible Witnesses

When the signatory is not personally known to the notary and cannot present any of the above documents, identification may be made through credible witnesses.

One credible witness who is personally known to the notary and who personally knows the signatory, or
Two credible witnesses, neither of whom is a party to the instrument, each of whom personally knows the signatory.

The credible witness must take an oath or affirmation before the notary attesting to the identity of the signatory. The witnesses themselves must present their own competent evidence of identity, which must be recorded in the Notarial Register.

This method is intended as an exception, not a substitute for proper identification documents when they are available.

Special Cases and Considerations

Minors: A minor may be identified through a parent or legal guardian who presents competent evidence, or through school ID supplemented by birth certificate and parental identification. Notarization of documents executed by minors is subject to additional legal restrictions under the Family Code and Child and Youth Welfare Code.
Illiterate or Disabled Persons: The notary must ensure the contents of the document are read and explained to the person in a language or manner they understand. Identification follows the same rules, but the notary must note the circumstances in the acknowledgment or jurat.
Corporate or Juridical Persons: The authorized representative (officer or attorney-in-fact) must present competent evidence of identity in their personal capacity. The authority (board resolution, secretary’s certificate, or special power of attorney) must also be verified.
Foreign Nationals: Philippine passport holders follow standard rules. Foreigners primarily use their valid passport. For long-term residents, the ACR I-Card is preferred.
Expired Documents: Strictly, the document must be current. However, some notaries exercise discretion with recently expired IDs if the holder can explain the delay and presents other corroborating evidence. This practice carries risk and is not recommended.
Notarial Register Requirement: The notary must enter in the register the type of competent evidence presented, the issuing agency, document number, and date of issuance/expiry. Failure to do so is a ground for disciplinary action.

Risks and Sanctions for Non-Compliance

The Supreme Court has repeatedly disciplined notaries for notarizing documents without proper identification or personal appearance. Common violations include:

Accepting photocopies only;
Relying solely on personal knowledge without any supporting evidence when the notary does not actually know the person;
Using witnesses who are biased or related to the parties;
Failing to record identification details.

Penalties range from reprimand, suspension of notarial commission (usually 1–3 years), revocation of commission, fines, and, in aggravated cases, referral to the Integrated Bar of the Philippines for disbarment proceedings. Documents notarized under questionable identification may be denied probative value in court or declared null and void for lack of proper acknowledgment.

Best Practices for Notaries

Always require original identification documents.
Compare the photograph with the person’s actual appearance.
Verify signatures against the document being notarized.
Maintain a well-organized Notarial Register.
Exercise extra caution with high-value transactions (real estate deeds, powers of attorney, affidavits of loss involving large amounts).
When in doubt, decline notarization and advise the party to obtain proper identification.

The requirement of competent evidence of identity is not a mere formality. It is the primary safeguard that protects the public from fraud and preserves the reliability of the notarial system, which underpins countless commercial, property, and personal transactions in the Philippines. Strict adherence to the 2004 Rules and evolving jurisprudence ensures that notarial acts retain their character as instruments of truth and public confidence.