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Atty. Rosa M. Bautista, a duly commissioned notary public, is approached by her client, Daniel Lim, who asks her to certify a copy of a Power of Attorney authorizing the sale of two parcels of land. The original Power of Attorney is kept by Daniel’s cousin; Daniel cannot produce the original for verification. Without examining the original document, Atty. Bautista signs and seals the copy, certifying: “That the foregoing copy is a true and faithful copy of the original document, which I have examined and which is in the possession of the signer.” The copy is subsequently used to secure a bank loan, and it later turns out that the Power of Attorney is forged. The bank seeks remedies against Atty. Bautista. Answer the following, with concise reasons.
(a) Identify the controlling rule on copy certification by a notary public and the essential elements that must appear in the certificate for it to be proper.
(b) Explain the ethical and legal obligations of a notary in performing copy certifications and the kinds of liability that may attach when a certificate is falsely issued.
(c) Apply the facts to determine: (i) whether Atty. Bautista’s certificate is proper or improper; (ii) what civil and administrative remedies the bank or other relying parties may pursue; and (iii) what defenses, if any, Atty. Bautista could raise.