Practice question
A signatory cannot explain even the basic effect of surrendering ownership, appears severely confused, and prompts reasonable doubt about understanding the transaction. What should the notary do?
- Treat the signatory’s silence as conclusive understanding.
- Proceed because an identification card resolves all capacity concerns.
- Proceed if a broker pays the fee.
- Proceed after deleting the acknowledgment date.
- Refuse the notarial act under Rule IV, Section 4(b).
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
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