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All Jurisprudence based

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

A landowner in Iloilo City executes a Special Power of Attorney dated April 3, 20XX, appointing her nephew to sign, acknowledge, and execute instruments necessary to convey the land and to take any action to effect transfer. The SPA states only that the nephew may sign documents and execute deeds; it does not expressly authorize acknowledgment before a notary. On May 28, 20XX, the nephew appears before Notary Public N in Iloilo City and acknowledges a deed of sale from the landowner to a buyer, signing as “Attorney-in-Fact for [Owner].” The Notary issues a certificate stating that the instrument is the act and deed of the landowner. The deed is intended to be a public instrument to effect transfer. The landowner challenges the instrument as invalid. Which statement MOST accurately describes the CONTROLLING RULE on acknowledgment by an agent in a notarial act and its application to these facts?

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The notary’s certificate that the instrument is the act and deed of the principal is conclusive and cures any lack of express authorization to acknowledge; the instrument may still be treated as a public instrument. An agent who signs and acknowledges a deed without express authorization commits a void act, but the instrument is automatically validated once the principal confirms the transaction in court. If the acknowledgment is invalid, the deed remains a private instrument and cannot transfer title; remedy: re-execute the deed with proper acknowledgment and have it re-notarized. The controlling rule is that an agent may acknowledge before a notary only if the power of attorney expressly authorizes the agent to acknowledge; without that express authorization, the acknowledgment is void and the instrument cannot be treated as a public instrument; remedy: have the principal personally acknowledge and re-notarize the instrument or obtain a new POA expressly authorizing acknowledgment followed by proper notarization.

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