Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
Facts: A landowner, Martin Cruz, owns a farm in Ilocos Norte. He executes a Special Power of Attorney on January 15, 20XX, authorizing his sister, Rosa Cruz, to sign, acknowledge, and execute instruments needed to convey the farm, and to take any action necessary to effect transfer to a designated buyer. The SPA states only that Rosa may sign documents and execute deeds; it does not expressly grant Rosa authority to acknowledge instruments before a notary. On March 22, 20XX, Rosa appears before Notary Public N in Ilocos Norte and acknowledges a deed of sale from Martin to the buyer, signing as “Attorney-in-Fact for Martin Cruz.” The Notary issues a certificate stating that the instrument is the act and deed of Martin Cruz. The deed is intended to be recorded to effect transfer. Martin challenges the instrument as invalid. a)Identify the controlling rule governing acknowledgment by an agent in a notarial act. b)Apply the rule to the facts and determine whether Rosa’s acknowledgment is valid. c)If the acknowledgment is invalid, what is the status of the deed and the effect on third parties, and what remedial steps should be taken?