What Is Competent Evidence of Identity? Philippine Notarial Requirements
Competent evidence of identity is the term used in the 2004 Rules on Notarial Practice for the documentary or testimonial proof a notary public must use to verify the identity of a signer before performing a notarial act. Without competent evidence of identity, a notarial act is irregular and exposes both the notary and the parties to serious risk.
What Counts as Competent Evidence of Identity
Under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), competent evidence of identity is either:
1. A Current Government-Issued Photo ID
A current and unexpired government-issued identification document bearing the photograph and signature of the individual. Commonly accepted Philippine IDs include:
- Philippine passport
- Driver’s license (LTO)
- PhilID (Philippine national ID)
- Unified Multi-Purpose ID (UMID)
- Postal ID (with photo and signature)
- PRC ID
- Voter’s ID with signature
- Senior Citizen ID
- Government office IDs (with photo and signature)
- IBP ID (for lawyers)
The notary inspects the ID, records the type, number, place and date of issuance, and includes those details in the notarial certificate.
2. The Oath or Affirmation of a Credible Witness
A credible witness who is personally known to the notary, who personally knows the principal, and who is not a party to the document being notarized. This is rarely used in commercial practice but remains a valid fallback when the principal lacks a current government photo ID.
What Does Not Count
The following are not competent evidence of identity:
- Expired government IDs
- Photocopies of IDs (the original must be presented)
- Cedula / community tax certificate (no photo, no signature)
- Company IDs (unless from a government employer)
- School IDs (with limited exceptions)
- A signer’s mere statement of who they are
- Identification by a relative or party in interest
A notary who relies on insufficient identification may face administrative sanctions and the document may be successfully challenged later.
Why It Matters
Competent evidence of identity is the single most important fraud safeguard in traditional notarization. Many of the most damaging notarial frauds in Philippine practice – forged SPAs, fake deeds of sale, false affidavits – trace back to a notary who did not properly verify identity. For background, see SC rulings on fraudulent notarial seals and avoiding notary scams.
Identity Verification Under E-Notarization
A.M. No. 24-10-14-SC and the implementing rules require electronic notaries public to verify identity through multi-factor authentication that goes beyond the 2004 Rules’ one-document standard. Typical layers include:
- Government-issued photo ID – captured and stored as part of the audit trail
- Facial recognition / liveness check – matching the live person to the ID photo
- One-time password (OTP) – sent to the principal’s registered contact
- Knowledge-based authentication (KBA) in some flows
- Recorded video session – for REN, the entire session is recorded
This is materially stronger than the visual ID inspection used in traditional notarization, which is one of the reasons e-notarization is considered more fraud-resistant than wet-ink notarization.
What to Bring to a Notarization Session
Whether traditional or electronic, a signer should bring:
- At least one current government-issued photo ID with signature (a second is often requested)
- The document to be notarized in its complete and final form
- For e-notarization: a device with camera and microphone, a stable internet connection, and a quiet, well-lit place
For organization-side practice on identity verification, see E-Notarization for Banks and Lenders and E-Notarization for Insurance Companies.
Related Terms
NotarialOS is a leading SC-accredited Electronic Notarization Facility with multi-factor identity verification built into every notarial act.