Practice question
A principal is physically able to place a thumbmark but cannot write a signature. She asks a traditional notary to certify the mark. What safeguard is required by Rule IV, Section 1(b)?
- The mark may be placed privately and delivered later
- The mark must be affixed in the presence of the notary and two disinterested and unaffected witnesses who also sign their own names, with the prescribed notation and notarization
- Only the notary’s office clerk must see the mark
- The witnesses need not sign if the notary trusts them
- A thumbmark can never be notarized
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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