In my recent two transactions ( one of which is the sale of a residential property in Iligan City of a friend from New Zealand *), I was reminded by my friend lawyer that the traditional cedula (or the Community Tax Certificate) is no longer allowed in Deed Of Sales or other documents that needs notarization in the Philippines.
(Remarks: By the way – just a little advertisement: I you are abroad and wants to sell your property in Iligan City or nearby areas – or perhaps wants to buy a nest egg for land banking, or future retirement purposes, then you can email me at firstname.lastname@example.org, email@example.com, or contact me by phone – and if you trust me – then I can help you with your real estate problem, or find someone who can.)
I did some low tech sleuthing around in the internet, and here are my findings:
1. On February 19, 2008 (Note: Thanks to Alma for pointing out the previous error on the date – 9/4/2012), the 2004 Rules on Notarial Practice was ammended by the Supreme Court En Banc through an updated rule on notarial practice (please refer to this link) – that current identification documents must be issued by an official agency bearing the photo and signature of the individual (the cedula has no photo, btw).
“It is common knowledge that a CTC may be easily obtained by anyone, without any supporting papers, thereby debasing its value as an identity document.” (Source: http://www.unlawyer.net)
2. In Rule II, Section 12, the Court says:
“SEC. 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 f the individual [Emphasis mine – Ed.]; 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.”
Take note that Section 12 (b) above seems to make an exception however, for those “personally known to the notary public and who personally knows the individual,etc…” .
My lawyer said that this seems to be a complicated procedure – and so he just required outright any of the following identifications for simplicity sake:
- A driver’s license issued by the Land Transportation Office
- A passport issued by the Department of Foreign Affairs
- An identification card issued by either the Government Service Insurance System or the Social Security System
- An identfication card issued by the Professional Regulation Commission
- A taxpayer’s identification card issued by the Bureau of Internal Revenue
- A postal identification card issued by the Philippine Postal Corporation
Why is notarization important?
In http://www.unlawyer.net, it is very clear:
“Notarization converts a private document into a public document and renders the document admissible in court as evidence without need for further proof of its authenticity. A notarized document is entitled, by law, to full faith and credit upon its face. Notarization also vests upon the document the presumption of regularity unless it is impugned by strong, complete and conclusive proof [Citations omitted – Ed.].”
However, I would say that you must consult your lawyer in all legal transactions – to avoid potential headaches in the future.
* Note : This is a whirlwind transaction. I did all the paperworks prior – and he came to Iligan City and in record time of 3 hours: sign all the docs, appear before the notary pubic, receive the payment, and turn over his house to the buyer – and then went to Cebu City immediately after.