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All Jurisprudence based

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

Notarial Register — On 1 March 2026, a notary public notarized a Deed of Mortgage over Lot 555, Pasig City, executed by Ana Santos in favor of Pacific Bank. The deed bears the notary’s certificate and seal, and the parties were properly identified with government-issued IDs. The notary, however, failed to enter the act in his Notarial Register. A third party, Delta Realty, Inc., later seeks to rely on the deed to assert a mortgage on the property. (a) Identify the controlling rule on the Notarial Register under A.M. No. 02-8-13-SC and its purpose. (b) Analyze whether the notarization is invalid or the instrument’s enforceability is affected by the missing entry, and what impact this has on Pacific Bank as a party to the instrument and Delta Realty, Inc. (c) Outline the possible administrative and civil liabilities for the notary, and the remedies available to the parties.

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Remedies include civil damages to the parties, and the relevant administrative sanctions (suspension, revocation) may be imposed on the notary; the bank may also seek injunctive relief to compel registration. The lack of entry automatically suspends the notary's license and triggers administrative proceedings; the instrument becomes void until entry is made. The Notarial Register records only the fees charged for notarial services; absence of entry affects accounting, not validity of the instrument. The Notarial Register is a mandatory, public record of all notarial acts; its purpose is to preserve public faith in notarizations and to provide evidence of the act; a missing entry does not automatically invalidate the notarization between the parties but may affect third-party reliance; the notary may be subject to administrative sanctions and civil liability.

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