(Total 10%)
(a) What evidence of identity does the 2004 Rules on Notarial Practice require before a notary public can officially affix his notarial seal on and sign a document presented by an individual whom the notary public does not personally know? (5%)
(b) When can Judges of the Municipal Trial Courts (MTC) and Municipal Circuit Trial Courts (MCTC) perform the function of notaries public ex officio, even if the notarization of the documents are not in connection with the exercise of their official functions and duties? (5%)
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1 comment:
VII.
a.
Evidence of identity required before a notary public can officially affix his seal on and sign a document presented by an individual whom the notary public does not personally are as follows:
1. At least one current identification document issued by an official agency bearing the photograph and signature of the individual; or
2. The oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.
b.
In the following instances, judges of the MTC and MCTC can perform the functions of notaries public ex officio, even if the notarization is not in connection with the exercise of their official functions and duties:
1. When there are no persons with the necessary qualifications;
2. When there are qualified persons but they refuse appointment.
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