Do you still need the
" cedula "
for the notarization of your
Deed of Absolute Sale or other documents ?
Another common concern in a real estate transaction is the notarization of the contract to sell, or deed of absolute sale. or any document pertaining to the transaction.
However, sometimes, it happens that the parties to the document do not have or have not yet obtained their community tax certificate at the time that the document would be executed or signed and presented to the notary public.
This sometimes causes delays or even problems in having the contract to sell or deed of absolute sale duly notarized.
Is it still really necessary to have a “cedula” for purposes of notarization?
Actually, since the approval and effectivity of the 2004 Rules of Notarial Practice, which became effective August 1, 2004, it is no longer required that the parties must have a cedula for purposes of notarization.
Under Sec. 12, Rule II, of the 2004 Rules on Notarial Practice, it was provided that the competent evidence of identity shall be :
“ 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 of the individual; or
(b) x x x”
In view of the above, It can now be noted that the “cedula” would not even be considered as a competent evidence of identity, and one can use another identification document provided that it must be,
- a current identification document
- issued by an official agency
- bearing the photograph and signature of the individual
In order to further clarify this, the Supreme Court has issued A.M. No. 02-8-13 last February 19, 2008 and which now reads,
"Sec. 12. Component 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 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;
or
(b) xxxx."
The above amendment to the 2004 Rules of Notarial Practice has now even enumerated the acceptable identification documents a person may use, such as in your real estate transaction.
So, you don’t really have to worry if the parties do not have a “cedula” or request them to go and get a cedula in order to finally have the contract or deed of absolute sale notarized, as even the current driver’s license, passport or any of the above documents would now suffice.
[ Republished from The Realtor's Bulletin, April 2008 ]
______________________________________________________________________
