Practice question
A signatory is not personally known to the notary and has no qualifying identification document. A credible witness who is not privy to the transaction is personally known to the notary, personally knows the signatory and gives the required oath. Which is correct?
- The one-credible-witness method can satisfy the identity requirement
- A documentary ID is the only permissible method in all circumstances
- The witness must first become a lawyer
- The witness must instead be one of the contracting parties
- The notary may disregard the witness’s oath and rely on the fee
Legal references
- https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf — 2004 Rules on Notarial Practice, Rule II, Section 12 and Rule IV, Section 2; February 19, 2008 amendment, printed page 1727.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64339 — Dandoy v. Edayan, A.C. 12084, June 6, 2018, residence certificates and interested identifying witnesses.
- https://lawphil.net/statutes/repacts/ra2018/ra_11055_2018.html — R.A. 11055, Sections 12–14, identification subject to authentication and limitations.
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