Log In Create Account
Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Question Type
Question Source
0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
Next

Question

Atty. Renata Cruz, a practicing lawyer and notary public in Cebu City, is asked to notarize a Special Power of Attorney (SPA) authorizing her client, Mr. Santos, to sign and execute a mortgage release with Bank Delta on behalf of Mr. Garcia, 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. Santos appears in person and presents a government-issued ID that is expired. The SPA is signed in Cruz’s presence. Cruz proceeds to notarize and attaches a notarial certificate stating that Santos appeared before her and executed the instrument. After execution, the blanks are filled in: Bank Delta, Php 3,000,000, May 5, 2026. Bank Delta later challenges the SPA’s validity on grounds that (a) Santos did not present a valid government-issued ID at the time of notarization (expired ID), (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.

Choose the Best Answer

Clara

Hello