Bakit Dapat Ipa-Notarize Ang Document? (Significance of Notarization)

In the case of DOLORES L. DELA CRUZ, ET. Al. VERSUS. ATTY. JOSE R. DIMAANO, JR., [A.C. No. 7781, September 12, 2008] the Supreme Court emphasized that:

“Notarization is not a routinary, meaningless act, for notarization converts a private document to a public instrument, making it admissible in evidence without the necessity of preliminary proof of its authenticity and due execution. A notarized document is by law entitled to full credit upon its face and it is for this reason that notaries public must observe the basic requirements in notarizing document.”

Under Section 1 of Public Act No. 2103 or the Notarial Law:

“An instrument or document shall be considered authentic if the acknowledgment is made before a notary public or an officer duly authorized by law of the country to take acknowledgments of instruments or documents in the place where the act is done. The notary public or the officer taking the acknowledgment shall certify that the person acknowledging the instrument or document is known to him and that he is the same person who executed it, and acknowledged that the same is his free act and deed. The certificate shall be made under his official seal, if he is by law required to keep a seal, and if not, his certificate shall so state.”

Related Article:

Cedula is NOT a Competent Evidence of Identity

Cedula is NOT a Competent Evidence of Identity

The 2004 Rules on Notarial Practice promulgated by the Supreme Court requires the Notary Public to demand Competent Evidence of Identity from the parties of the documents required to be acknowledged or from the person attesting to the truth of the statements declared in the affidavit.

However, sec. 12 (a). Rule II of the above-mentioned Rules was AMENDED by the latest resolution of the Supreme Court En Banc (A.M. No . 02-8-13-SC, dated February, 2008 ) stating that the identification of individual must be based on the current GOVERNMENT-ISSUED IDENTIFICATION DOCUMENT bearing his SIGNATURE and PHOTOGRAPH. The cedula also known as Community Tax Certificate is no longer considered as a Competent Evidence of Identity. The identification documents include, but are not limited to:

1. passports,
2. driver’s licenses,
3. Professional Regulations Commission identification cards,
4. National Bureau of Investigation (NBI) clearances,
5. police clearances,
6. postal IDs,
7. voter’s IDs,
8. Barangay certifications,
9. Government Service and Insurance System (GSIS) e-cards,
10.Social Security System (SSS) cards,
11.Philhealth cards,
12.Senior citizen’s cards,
13.Overseas Workers Welfare Administration (OWWA) IDs,
14.OFW IDs,
15.seaman’s books,
16.alien certificate of registrations/immigrant certificate of registrations,
17.government office IDs,
18.certifications from the National Council for the Welfare of Disabled Persons (NCWDP), and
Department of Social Welfare and Development (DSWD) certifications.