Practice question
A traditional notary personally knows a principal’s identity from genuine prior acquaintance, but the principal is absent and sends the signed document through a messenger. The messenger argues that no identification document is needed because identity is known. What is the correct distinction?
- Known identity authorizes every absent-party notarization
- The messenger’s physical presence is the principal’s presence
- Personal knowledge may address identity, but it does not dispense with the principal’s required personal presence for the traditional act
- The notary must treat the messenger as the document’s principal
- A large fee cures absence
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.
Answer this question in flashcards to review your response and continue practicing.