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Facts: Elena Torres owns a parcel of land in Davao City. By a Special Power of Attorney dated February 2, 20XX, she appoints her brother Marco to sign, acknowledge, and execute instruments necessary to convey Elena’s land to a designated buyer. The SPA states only that Marco may sign documents and execute deeds; it does not expressly authorize Marco to acknowledge instruments before a notary. On May 18, 20XX, Marco appears before Notary Public N in Davao del Sur and acknowledges a deed of sale from Elena to the buyer, signing as “Attorney-in-Fact for Elena Torres.” The Notary issues a certificate stating that the instrument is the act and deed of Elena Torres. The deed is intended to be a public instrument to effect transfer. Elena 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 Marco’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?