Practice question
For an unknown principal, a sole proposed credible witness is personally known to the notary and knows the principal, but is a named beneficiary under the very instrument. Does the witness route work?
- Yes, because personal knowledge overrides transactional involvement.
- No; a credible identity witness must not be privy to the instrument, document or transaction.
- Yes, if the benefit is payable later.
- Yes, if the principal agrees to the conflict.
- Yes, because only the notary’s interest matters.
Legal references
- A.M. No. 02-8-13-SC, 2004 Rules on Notarial Practice, Rules III, IV and VI, official collation pp. 1707–1716: https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf
- A.M. No. 02-8-13-SC, February 19, 2008, Rule II, Section 12(a), official collation p. 1727: https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf
- R.A. No. 11055, Sections 6(a), 12–14: https://lawphil.net/statutes/repacts/ra2018/ra_11055_2018.html
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