Flashcards Studio

Atty. Marco Reyes, a Notary Public commissioned for Quezon City, travels to Makati to notarize a Deed of Absolute Sale of a parcel of land located in Makati. The parties, Paula and Daniel, appear before him and sign the deed; he issues a notarial certificate stating: “Place of Notarization: Quezon City.” The deed, with the certificate, is later offered for registration with the Registry of Deeds of Makati. (a) Is the notarization valid? Identify the controlling rule on the place of notarization and the notary's territorial jurisdiction. (b) What are the consequences of mis-stating the place of notarization (Quezon City vs. Makati) for the instrument's status as a public instrument and its registrability? (c) If the parties obtain a new notarization reflecting the actual place of notarization or have the deed re-notarized by a properly commissioned notary in Makati, would that cure the defect? Explain with the governing rule and apply to the facts.