Notarial ID Requirements Without Issuance Date or Place

Notarial ID Requirements Without Issuance Date or Place (Philippine Context)
In the Philippines, notarial practice is principally governed by the 2004 Rules on Notarial Practice (hereafter, the “Notarial Rules”), promulgated by the Supreme Court. These rules set out the standards and procedures that notaries public must follow in performing notarial acts. One of the key requirements is ensuring that the person signing a document is properly identified through what the law calls “competent evidence of identity.” Questions sometimes arise regarding IDs (identification cards) that do not display an issuance date or place. Below is a comprehensive discussion of how Philippine notarial law and practice handle these situations.

1. Legal Framework for Competent Evidence of Identity

1.1. The 2004 Rules on Notarial Practice

Under the Notarial Rules, Rule II, Section 12 defines “competent evidence of identity” as follows:

  1. At least one current identification document issued by an official agency bearing the photograph and signature of the individual; or
  2. The oath or affirmation of one credible witness not privy to the document, who is personally known to the notary public and who personally knows the individual; or of two credible witnesses not privy to the document, who each personally knows the individual and shows to the notary public documentary identification.

The cornerstone is that the notary public must be able to verify the identity of the person signing. Although many government-issued IDs normally include both an issuance date and place of issuance, the rules themselves do not expressly require that an ID must show an issuance date or place. Instead, the focus is on these elements:

  1. The ID is current (not expired, or at least still recognized as valid).
  2. It is issued by an official agency (meaning a government office or other recognized authority).
  3. It bears the photograph and signature of the person presenting it.

1.2. Requirement That the ID Be Current (Unexpired)

Even though the rules do not explicitly say “issuance date,” one way a notary can gauge if an ID is current is by looking for its validity or expiration date. Most government IDs have an expiration date (e.g., driver’s licenses, passports). If an ID does not show an issuance date or place but it does clearly state it is unexpired (or show a future validity date), and the notary can reasonably confirm that it is official and valid, it can still be acceptable under the Rules.

1.3. When No Government-Issued ID Is Available

When a signatory does not have an ID that meets the above requirements—whether because they do not have a valid ID at all or their ID fails to present key information—Section 12 also permits the use of credible witnesses. Through:

  1. The oath or affirmation of one credible witness who is personally known to the notary public, or
  2. The oath or affirmation of two credible witnesses who each personally knows the individual and can themselves provide valid identification.

In these cases, the witnesses effectively “stand in” to testify to the identity of the signatory.

2. Potential Issues Arising from Missing Issuance Date or Place

Even though the Notarial Rules do not explicitly mention an “issuance date” or “place of issuance,” notaries typically examine these details for the sake of due diligence:

  1. Confirming Authenticity of the ID:

    • A suspicious absence of customary details (like issuance date or place) might raise concerns about whether the ID is genuine. Government-issued IDs typically include at least the date of issuance or a validity date.
    • Notaries must exercise professional judgment and, when in doubt, may ask for a secondary ID or supporting document.

  2. Verifying “Currency” or “Validity”:

    • If an ID lacks an issuance date but has a stated “valid until” or “expiration” date, the notary can still ascertain whether it is unexpired.
    • If an ID displays neither an issuance date nor an expiration date, the notary must determine whether it is still recognized by the issuing government body as an official, valid form of identification.

  3. Risk of Refusal:

    • A notary public may refuse to notarize if the ID is questionable or does not provide sufficient certainty of the signer’s identity.
    • The refusal should be documented properly, noting the reason (e.g., “Presented ID lacks sufficient details to confirm validity”).

3. Best Practices for Notaries in the Philippines

  1. Demand at Least One Government-Issued ID with Photo and Signature:

    • It is essential that the ID has both a clear photograph and the signer’s signature. This is mandatory under the Notarial Rules.

  2. Look for Expiry or Validity Indicators:

    • Even if no “issuance date” is shown, confirm the card is still valid (e.g., check the indicated expiration, membership validity, or other official stamps/seals that show it is current).

  3. Ask Additional Questions:

    • If the ID does not show an issuance date or place, the notary may ask for clarifications or request a secondary document. Secondary documents might include other forms of ID (e.g., a government service record, another government-issued card, etc.) to bolster the verification process.

  4. Evaluate the Agency That Issued the ID:

    • Confirm that the issuing authority is recognized by Philippine law (e.g., the Philippine Statistics Authority [PSA], Land Transportation Office [LTO], Department of Foreign Affairs [DFA], etc.).
    • Local IDs (barangay IDs, company IDs) may or may not meet the threshold for “competent evidence,” unless they clearly show the signer’s photo and signature and are deemed official and current.

  5. Record the ID Type in the Notarial Register:

    • The notary must note the ID type (e.g., “Philippine Passport”), the ID number, and any relevant validity details in the notarial register.
    • If issuance date or place is missing, the notary should note that fact.

  6. Consider Using Credible Witnesses:

    • If all else fails—i.e., the only available ID is incomplete or questionable—the notary can rely on credible witnesses. This requires strict compliance with the rules (one witness known to the notary, or two witnesses each personally knowing the signer).

  7. When in Doubt, Refuse:

    • The notary public’s primary duty is to prevent fraud. If any serious doubt remains about the signer’s identity, the notary must decline to proceed. Documentation of the refusal in the notarial register or in a separate record is prudent.

4. Practical Tips for Individuals Seeking Notarization

  1. Check Your ID:

    • Before visiting a notary, make sure your ID is current, government-issued, and contains your photograph and signature.
    • If the ID does not show an issuance date or place, ensure that it clearly indicates validity or expiration information.

  2. Bring a Secondary ID:

    • If you have concerns that your primary ID might not be accepted (e.g., unusual format, missing details), bring a second acceptable ID. Examples include a Philippine driver’s license, Unified Multi-Purpose ID (UMID), Professional Regulation Commission (PRC) ID, postal ID, voter’s ID, or a passport.

  3. Seek Credible Witnesses:

    • If you lack the required identification, consider bringing witnesses who meet the legal standards—individuals who are personally known to the notary or can themselves produce valid IDs and can affirm they personally know you.

  4. Inform the Notary in Advance:

    • If possible, contact the notary beforehand to clarify any requirements and avoid unnecessary trips.

5. Commonly Accepted Government-Issued IDs

While not an exclusive list, these are frequently presented IDs that generally meet the “competent evidence of identity” standard under Philippine rules (provided they are current and bear a signature and photo):

  • Philippine Passport
  • Philippine Driver’s License (issued by the LTO)
  • Unified Multi-Purpose ID (UMID), also known as the SSS/GSIS/PhilHealth/Pag-IBIG UMID
  • PRC (Professional Regulation Commission) ID
  • Comelec (Voter’s) ID or Voter’s Certification (with photo/signature)
  • Postal ID (improved/postal version with security features)
  • Senior Citizen’s ID (if it bears photo/signature)
  • OFW ID / Seaman’s Book (if current and meets requirements)

Note: Some local or company IDs, as well as certain older forms of identification, may not contain issuance dates or places. Whether these are acceptable is left to the notary’s discretion, guided by the principle of ensuring the authenticity of the identity presented.

6. Legal Consequences of Improper Identification

  • Notaries who fail to properly check identification risk facing administrative sanctions, which could include suspension or revocation of their notarial commission, or even disciplinary action as lawyers (if the notary is also an attorney).
  • Signatories who misrepresent or use fake IDs can face criminal liability for falsification, perjury, or other offenses under the Revised Penal Code.

7. Conclusion and Practical Reminders

In the Philippine context, the 2004 Rules on Notarial Practice require that a notary public ascertain a signer’s identity using at least one form of “competent evidence of identity.” While most government IDs show an issuance date and place, the absence of these details alone does not automatically invalidate the ID—the rule’s emphasis is on whether the ID is current, issued by an official agency, and contains a photograph and signature of the holder.

Nevertheless, both signers and notaries should proceed with caution. If crucial identifying information (like expiration date or security features) is missing, the notary may request additional documentation or refuse the notarization to prevent fraud and comply with legal requirements. By following the best practices and guidelines outlined above, individuals and notaries can ensure the integrity and reliability of notarized documents in the Philippines.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific questions regarding notarial ID requirements or any other notarial issues, consult a lawyer or speak directly to a commissioned notary public in the Philippines.

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

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