A Special Power of Attorney (SPA) is a formal instrument whereby a principal grants specific authority to an agent to perform designated acts or transactions on his or her behalf. Under Philippine law, an SPA must be in writing and, for most juridical acts affecting property, contracts, or official records, requires notarization to be vested with public faith and to enjoy the presumption of authenticity. Notarization transforms the SPA into a public document, making it admissible in evidence without further proof of its due execution and conferring upon it the evidentiary weight necessary for registration with the Register of Deeds, banks, courts, or government agencies.

The 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), which remain the governing framework, impose upon every notary public the duty to verify the identity of every person appearing before him or her. Rule II, Section 12 defines “competent evidence of identity” as identification based on at least one current identification document issued by an official agency bearing the photograph and signature of the individual. The enumeration is illustrative, not exhaustive: it expressly includes passports and “government office ID (e.g., passport, driver’s license, company ID, school ID, student’s ID) etc.” The phrase “official agency” and the inclusion of “government office ID” without limitation to Philippine-issued documents allow the acceptance of foreign government-issued identification.

Acceptable Foreign Government IDs

Philippine notaries may accept the following foreign government IDs provided they are current, unexpired, and contain a recent photograph and the holder’s signature:

Foreign passport (the most commonly accepted and universally recognized document);
Foreign national identification card issued by the government of the holder’s country of citizenship or residence (e.g., U.S. Real ID, Japanese My Number Card, Korean Alien Registration Card when combined with passport, Singapore NRIC, EU national ID cards);
Foreign driver’s license bearing photograph and signature, provided it is current and issued by the competent transport authority of the holder’s country;
Foreign government-issued residence or immigration card (e.g., U.S. Green Card, Canadian PR Card) when presented together with the passport of the same jurisdiction;
Seaman’s books or merchant marine documents issued by foreign maritime authorities;
Diplomatic or official passports issued by any foreign government.

The rule does not require the ID to be Philippine-issued. What matters is that it is issued by an “official agency” and bears the two essential elements: photograph and signature. A notary who is satisfied that the document meets these criteria fulfills the duty under Section 12(a). If the foreign ID lacks a signature or the photograph is outdated, the notary may require supplementary identification or the oath of two credible witnesses under Section 12(b), although this is rarely necessary when a valid foreign passport is presented.

When a Foreign ID Is Typically Used

Foreign government IDs are presented in three common scenarios:

Foreign nationals or dual citizens physically present in the Philippines who do not possess or choose not to use Philippine-issued IDs (e.g., Philippine passport, driver’s license, or SSS/GSIS cards).
Overseas Filipino Workers (OFWs) or Filipinos residing abroad who return temporarily and present their foreign residence cards or driver’s licenses together with their Philippine passport.
Non-residents executing an SPA in the Philippines for local transactions (sale of Philippine real property, opening of bank accounts, representation before the Bureau of Internal Revenue or Land Registration Authority).

Step-by-Step Notarization Procedure Using a Foreign Government ID

Personal Appearance. The principal must appear personally before the notary public. No proxy appearance is allowed.
Presentation and Examination of ID. The principal hands over the original foreign government ID. The notary examines it for authenticity, compares the photograph with the person’s appearance, verifies the signature, and notes the document number, issuing authority, date of issue, and expiry date. A photocopy is customarily retained and attached to the notarial register.
Reading and Explanation. The notary reads the SPA to the principal in a language the latter understands (English is generally sufficient; if the principal prefers another language, an interpreter may be used). The principal must confirm understanding of the powers granted and that the act is voluntary.
Execution. The principal signs the SPA in the notary’s presence using the same signature appearing on the foreign ID. Any discrepancy must be explained and noted.
Acknowledgment or Jurat. Most SPAs are acknowledged (the principal declares that the instrument is his or her free and voluntary act). The notary then completes the acknowledgment clause, affixes the notarial seal, and signs. If the SPA contains an oath (e.g., for use in court), a jurat is used.
Entry in the Notarial Register. The notary records the details of the transaction, including the type of ID presented, its number, and the principal’s name exactly as it appears on the foreign ID. The register entry is the official record that protects against later claims of fraud.
Delivery and Copies. The original notarized SPA is returned to the principal. Certified true copies may be issued upon request.

Special Requirements for SPAs Affecting Real Property

When the SPA authorizes the sale, mortgage, or other disposition of Philippine land, additional formalities apply:

The SPA must contain an express authority to sell, mortgage, or encumber, as a general power is insufficient (Civil Code, Art. 1878).
The principal’s name must appear exactly as registered in the title or as it appears in the foreign ID.
If the SPA will be presented to the Register of Deeds, the notary’s certification that the foreign ID was examined is usually sufficient; however, some Registers request an additional annotation or a consular authentication if the principal is a non-resident.

Authentication and Apostille When the SPA Will Be Used Abroad

If the notarized SPA is intended for use outside the Philippines, the document must undergo further authentication:

For countries that are parties to the Apostille Convention (to which the Philippines acceded in 2019), the notarized SPA is submitted to the Department of Foreign Affairs (DFA) for apostille. The foreign ID presented to the notary is not re-examined by the DFA; the apostille certifies only the notary’s authority.
For non-Apostille countries, the “red ribbon” consular authentication route applies: DFA authentication followed by authentication at the foreign embassy.

In both cases, the foreign government ID used at the notarization stage remains relevant only to the notary’s verification; it is not re-submitted to the DFA.

Risks, Liabilities, and Best Practices for Notaries

A notary who accepts a foreign government ID assumes the responsibility to detect obvious forgeries. Failure to exercise due diligence may result in administrative sanctions (suspension or disbarment), civil liability for damages, or criminal liability under the Revised Penal Code for falsification if the notary knowingly notarizes a spurious document.

Best practices include:

Retaining a clear photocopy of the foreign ID page containing the photograph and signature.
Noting in the acknowledgment clause or register the exact description of the ID (e.g., “U.S. Passport No. 123456789, issued 15 June 2022, expires 14 June 2032”).
Refusing notarization if the ID appears altered, laminated in a manner that obscures security features, or if the holder cannot answer basic questions about the document.
Requiring two credible witnesses when the foreign ID is unfamiliar or the notary harbors any doubt.

Revocation and Termination of the SPA

A notarized SPA using a foreign government ID is revoked in the same manner as any other SPA: by a subsequent instrument executed and notarized with the same degree of formality, or by operation of law upon the principal’s death, civil interdiction, or loss of capacity. The foreign ID used at the original notarization has no bearing on revocation; only the identity of the principal at the time of revocation matters.

Jurisprudential Support

Philippine jurisprudence has consistently upheld the validity of notarizations based on foreign passports. Courts have ruled that a foreign passport constitutes competent evidence of identity within the contemplation of the 2004 Rules (see, for example, rulings treating foreign passports on par with Philippine passports for notarial purposes). The Supreme Court has emphasized that the notary’s satisfaction of identity, rather than the nationality of the document, is the controlling factor.

Fees and Documentary Stamp Tax

Notarial fees are governed by the notarial schedule prescribed by the Supreme Court and by the local government unit where the notary practices. The presentation of a foreign government ID does not alter the fee structure. Additionally, an SPA authorizing the sale or mortgage of real property is subject to documentary stamp tax of ₱15.00 per page (or the applicable rate under the National Internal Revenue Code), payable regardless of the type of ID used.

In summary, Philippine notarial law fully accommodates the use of foreign government IDs for the notarization of Special Powers of Attorney. The 2004 Rules on Notarial Practice treat such IDs as competent evidence of identity provided they bear a photograph and signature and are issued by an official agency. Compliance with the personal-appearance requirement, proper verification, and accurate notarial registration ensures the SPA’s validity for all domestic and international purposes. Notaries and principals alike must observe the foregoing rules to safeguard the integrity of the public document and avoid legal complications.