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Philippine Bar review · Question

Practice question: Competent Evidence of Identity

Multiple Choice Hard Jurisprudence

Practice question

A stranger requests notarization and brings two credible witnesses. Neither is privy to the transaction; each personally knows the stranger and shows the notary documentary identification. The witnesses give the prescribed oaths. The notary does not personally know either witness. Is the two-witness route necessarily defeated by that last fact?
  1. Yes, because both witnesses must always be personally known to the notary
  2. No; the two-witness route requires each to personally know the individual and show documentary identification, with nonprivy status and the prescribed oaths
  3. Yes, because only one witness is allowed
  4. Yes, because witnesses must be contracting parties
  5. No, because two witnesses eliminate every notarial requirement

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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