FAQ on Documentary Proofs

EVIDENCE OF EXISTENCE

Due Diligence is a term we refer to the verification of the existence of a particular claim. It is done through examination of documents, interviewing of witnesses, ocular inspection, and gathering of other collaborating evidences. The very purpose of the exercise is to prove the existence of a something. All materials used to prove the existence is called Evidence of Existence.

In real estate, a broker must know how to prove existence of a property before offering it for sale in the market. The second matter that also needs proving is the existence and identity of the property owner because we would like to be sure that it is really the owner who is selling the property. If there is a representative, we also have to verify the existence, identity, authorization, and relationship of the representative and the property owner.

Relationship of the client and the agent is proven by various possible documents such as Authority to Sell, Brokerage Contract, Agency Agreement, or Special Power of Attorney, etc. The signature of the client on the document must be verifiable personally with the client so that it will become acceptable as evidence of relationship.

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EVIDENCE OF IDENTITY

I had one contract for notarization that needed to be redone because the signatories do not have acceptable evidence of identities. In the past, documents need Residence Certificate (also known as Cedula) in order to be notarized-- but in the current process, a cedula is no longer the required evidence of identity.

What are acceptable IDs as requirement for evidence of identity during document notarization purposes?

At least one current identification document issued by an official agency bearing the photograph and signature of the individual, such as but not limited to:

• Passport
• Driver's license
• Professional Regulations Commission ID
• National Bureau of Investigation clearance
• Police clearance
• Postal ID
• Voter's ID
• Barangay certification
• Government Service and Insurance System (GSIS) e-card
• Social Security System (SSS) card
• Philhealth card
• Senior citizen card
• Overseas Workers Welfare Administration (OWWA) ID
• OFW ID
• Seaman's book
• Alien certificate of registration/ immigrant certificate of registration
• Government office ID
• Certification from the National Council for the Welfare of Disable Persons (NCWDP)
• Department of Social Welfare and Development (DSWD) certification

(Basis: Supreme Court has issued A.M. No. 02-8-13 last February 19, 2008).

Why is Evidence of Identity important?

When a person signs a document, it is best that a photocopy of his evidence of identity (ID) should also be attached. The ID will serve as proof that the person was really the one who signed the document. The signature in the document and the signature in the ID should match. If there is no photocopying machine available, the details of the person's ID may be noted (such as driver license number). It is important that the ID is a kind of ID thatis listed above so that it is a public document and therefore verifiable.