DISCLAIMER: The following discussion is a general overview of the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) in the Philippines, focusing on “Competent Evidence of Identity.” It is intended for informational purposes only and should not be construed as legal advice. For specific questions or legal concerns, always consult a qualified attorney.

I. Introduction

The 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) were promulgated by the Philippine Supreme Court to professionalize notarial practice, protect the public, and ensure the integrity of notarized documents. One pivotal requirement under these Rules is the presentation of Competent Evidence of Identity. This requirement helps confirm the identity of parties who sign documents under notarization, mitigating the risk of fraud and protecting the authenticity and enforceability of notarized instruments.

II. Legal Basis

The primary provision on “Competent Evidence of Identity” is found in Rule II, Section 12 of the 2004 Rules on Notarial Practice. This section defines what constitutes competent evidence of identity and prescribes the method by which a notary public must verify the identity of a person seeking to have his or her signature notarized.

Relevant Provision: Rule II, Section 12

Section 12. Competent Evidence of Identity. – The phrase "competent evidence of identity" refers to the identification of an individual based on:

(a) At least one current identification document issued by an official agency bearing the photograph and signature of the individual; or
(b) The oath or affirmation of one credible witness not privy to the instrument, document, or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document, or transaction who each personally knows the individual and shows to the notary public documentary identification.

III. Purpose and Rationale

Prevent Fraud and Identity Theft: By requiring valid, government-issued identification (or the credible oath of witnesses), the Rules aim to discourage impersonation and ensure that the person executing or acknowledging the document is indeed the same person whose name appears on the instrument.
Preservation of the Integrity of Notarized Documents: A notarized document carries a presumption of regularity and authenticity. Competent Evidence of Identity reinforces that presumption by placing a stringent identification requirement on signatories.
Accountability for Notaries Public: Notaries have a quasi-judicial function. They are expected to exercise due diligence in verifying a signer’s identity. This maintains public trust in notarized instruments and protects the public interest.

IV. Components of Competent Evidence of Identity

A. Identification Documents (IDs)

Under Section 12(a), one of the main sources of “competent evidence of identity” is a current identification document issued by an official government agency and bearing both:

The photograph of the individual; and
The signature of the individual.

1. Examples of Acceptable IDs

Philippine Passport
Driver’s License
Professional Regulation Commission (PRC) ID
Unified Multi-Purpose ID (UMID)
Social Security System (SSS) ID
Government Service Insurance System (GSIS) e-Card
Commission on Elections (COMELEC) Voter’s ID (if it bears photo and signature)
Alien Certificate of Registration (ACR) I-Card (for foreigners)
Overseas Workers Welfare Administration (OWWA) ID (if it bears photo and signature)
Other government-issued IDs with photo and signature

A notary public must ensure that the ID is current (not expired) and authentic. If there is any doubt about the validity, authenticity, or sufficiency of an ID presented, the notary public may refuse to notarize.

2. Expired IDs

Generally, expired IDs are not considered “competent evidence of identity” because they fail the requirement of being “current.” A notary public should not accept identification documents that are invalid or expired.

B. Credible Witnesses

Under Section 12(b), if the individual does not have the prescribed government-issued ID, there may still be compliance through the oath or affirmation of credible witnesses who can attest to the signer’s identity. This must be done carefully to meet the requirements:

When Only One Credible Witness Is Needed
- The single credible witness must personally know the individual signing and must also be personally known to the notary public.
- The witness must not be a party to or have an interest in the document or transaction (i.e., not a party to the instrument, not a beneficiary or an affiant in the same instrument).
When Two Credible Witnesses Are Needed
- If the credible witness is not personally known to the notary public, two credible witnesses who both personally know the individual are required.
- Each witness must present “competent evidence of identity” (e.g., valid government-issued photo ID) to the notary public, so the notary can verify their own identities.
- Neither witness can be a party to or have an interest in the instrument.
Credible Witness’ Oath or Affirmation
- The witness must execute an oath or affirmation before the notary public, affirming that the person signing is the same individual known to them.
- The notary then records the details of the witnesses in the notarial register (e.g., name, address, type of ID, ID number, and any other pertinent details).

V. Notary’s Duty of Diligence

Physical Presence Requirement
The notary public must require the personal appearance of the signatory (or principal) at the time of notarization. The Rules strictly prohibit notarizing if the individual is not physically present, regardless of the form of identification or the presence of credible witnesses.
Verification and Record-Keeping
- The notary public must inspect and verify the ID presented.
- The notary public must record in the notarial register the details of the ID or the details of the credible witnesses.
- If at any time the notary suspects the validity of the ID or the identity of the signatory, the notary must refuse to notarize.
Refusal to Notarize
Under the Rules, a notary public is entitled—and in fact obligated—to refuse to notarize if the signatory cannot produce competent evidence of identity or if the notary is not satisfied with the authenticity of the documents or the credibility of the witnesses.

VI. Consequences of Non-Compliance

Administrative Liability
A notary public who notarizes a document without requiring competent evidence of identity can face administrative sanctions, including suspension, revocation of notarial commission, or disqualification from appointment as a notary public.
Civil Liability
If a person is harmed by a notary’s negligence or failure to properly identify the signatory, the notary may be held civilly liable for damages.
Criminal Liability
In cases of fraud, forgery, or falsification of public documents, the notary public could face criminal charges if it is proven that they knowingly participated or were grossly negligent in verifying identity.
Nullity or Invalidity of the Document
In some instances, a notarized document that is shown to have been improperly acknowledged (e.g., the notary did not see the signer personally appear or did not verify identity correctly) can be treated as an unnotarized document. This can invalidate or diminish the legal effects usually accorded to duly notarized instruments.

VII. Practical Considerations and Best Practices

Always Require Physical Presence
The signatory must always be physically present. Online or remote notarization is subject to special issuance by the Supreme Court (e.g., temporary pilot programs during emergencies); otherwise, the baseline rule is personal appearance.
Examine the ID Thoroughly
Look for signs of tampering or falsification. Match the photograph with the physical attributes of the signer. Compare signatures. A notary should be attentive to any discrepancies.
Maintain a Detailed Notarial Register
- Record the signatory’s details exactly as they appear on the ID.
- Record the date of issuance and expiration date of the ID, if present.
- If using credible witnesses, record their complete details and the type of ID they present.
Keep Copies if Necessary
While the Rules do not require a notary public to keep photocopies of IDs, some notaries do so as a precaution. If you do keep copies, be mindful of data privacy laws and ensure such copies are properly stored or disposed of.
Exercise Independent Judgment
A notary should refuse if not satisfied that the ID is genuine or that the person is who they claim to be. Notarization is a public office, and the notary’s primary duty is to the public, not to the individual who seeks notarization.

VIII. Summary

Competent Evidence of Identity is indispensable under the 2004 Rules on Notarial Practice for every notarial act.
It usually takes the form of a current government-issued ID that has the signatory’s photo and signature.
Alternatively, it can be established via the sworn statements of credible witnesses who satisfy the strict criteria laid out in the Rules.
The notary public must be diligent in requiring this evidence, accurately recording it, and refusing notarization if the signer’s identity is in doubt.
Failure to comply with these requirements can result in significant administrative, civil, or even criminal liability for the notary and may undermine the validity of the notarized document.

Final Note

Competent Evidence of Identity lies at the heart of secure and credible notarization. By adhering to the 2004 Rules on Notarial Practice, notaries public uphold the law, protect the public from fraud, and preserve the integrity of notarized documents—thus fulfilling their vital role in the Philippine legal system.