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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Facts: Maria Santos, a landowner in Makati City, executes a Special Power of Attorney dated January 5, 20XX, appointing her sister Rosa Santos to sign, acknowledge, and execute instruments necessary to convey Maria’s land and to take any action to effect transfer. The SPA states only that Rosa may sign documents and execute deeds; it does not expressly authorize Rosa to acknowledge instruments before a notary. On February 20, 20XX, Rosa appears before Notary Public N in Makati and acknowledges a deed of sale from Maria to a buyer, signing as “Attorney-in-Fact for Maria Santos.” The Notary issues a certificate stating that the instrument is the act and deed of Maria Santos. The deed is intended to be a public instrument to effect transfer. Maria challenges the instrument as invalid. Which of the following statements is the MOST accurate statement of the CONTROLLING RULE on acknowledgment by an agent in a notarial act and its application to these facts?

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A defect in acknowledgment by an agent can be cured by a separate confirmatory acknowledgment by the principal after the fact, which retroactively validates the original acknowledgment. The controlling rule requires express authority in the power of attorney to acknowledge before a notary; since the SPA here lacks explicit authorization to acknowledge, Rosa’s acknowledgment is void, the deed remains a private instrument, and the remedy is to have Maria personally acknowledge or to issue a new deed under a properly drafted SPA. The acknowledgment’s validity does not impact the sale, since the instrument’s effect is only to evidence the intent to convey, not to transfer title. The notary may rely on the appearance and the signature as sufficient to certify the act and deed of the principal, so lack of express acknowledgment authority does not affect validity of the instrument.

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