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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Facts: Atty. Elena Cruz, a practicing lawyer and notary public in Manila, is asked to notarize a Special Power of Attorney (SPA) authorizing her client, Ms. Ariana Flores, to sign and execute a Mortgage Release with Bank Zeta on behalf of Mr. Renato Cruz, who is abroad. The SPA contains blanks for (i) the name of the bank, (ii) the maximum loan amount, and (iii) the date of execution. Flores appears in person, presents a government-issued ID, and signs the SPA in Cruz’s presence. Cruz proceeds to notarize and attaches a notarial certificate stating that Flores appeared before her and executed the instrument. After execution, the blanks are filled in: Bank Zeta; amount P3,500,000; date May 15, 2026. Bank Zeta later challenges the SPA’s validity on grounds that (a) Flores did not present a valid government-issued ID at the time of notarization (the ID was expired), (b) there were blanks in the instrument at the time of notarization, and (c) the notary filled in the blanks after execution. (a)Identify the controlling rule on personal appearance and proof of identity of the signer for notarial acts, and the rule regarding blank spaces in the instrument at the time of notarization. (b)Apply those rules to the facts and determine whether the SPA’s notarization is valid. (c)If the notarization is defective, explain the instrument’s status as a public document versus a private instrument and the likely impact on its enforceability and admissibility in evidence.

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Clara

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