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Philippine Bar review · Question

Practice question: Powers and Limitations

Multiple Choice Hard Jurisprudence

Practice question

A hospitalized principal is physically unable either to sign or make a mark and directs the notary to sign on his behalf. Two disinterested witnesses are available. Which accurately describes the traditional rule?
  1. The notary may sign merely because a relative asks
  2. The notary must pretend the principal personally wrote the signature
  3. The notary may sign on the principal’s direction, with the two witnesses and their signatures, prescribed notation, and acknowledgment or jurat required by Rule IV, Section 1(c)
  4. The notary may dispense with witnesses because the principal is hospitalized
  5. The notary must execute an ordinary copy certification instead of the prescribed act

Legal references

  • https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf — 2004 Rules on Notarial Practice, Rule IV, Sections 1–6, printed pages 1710–1712.

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