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All Jurisprudence based

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

In a civil action for collection on a written instrument, the plaintiff sues the defendant on a notarized promissory note signed by the defendant and acknowledged before a notary public. The defendant denies executing the note and alleges forgery. The plaintiff invokes Rule 131, Sec. 2, contending that the notarized instrument triggers a conclusive presumption of due execution and authenticity. Which statement best describes the effect of conclusive presumptions in this scenario?

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The presumption attaches only if the instrument is duly registered with the Registry of Deeds. The notarized promissory note creates a conclusive presumption of its due execution and authenticity; the defendant's denial cannot defeat the plaintiff's claim except by proof of forgery or lack of authority. The presumption concerns the validity of the instruments content, not the fact of execution, so forgery can still negate the instrument. A notarized instrument cannot create conclusive presumptions; the rule applies only to contracts, tests, or official acts.

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