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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Facts: Ella Morales, owner of a coastal lot in Dumaguete City, grants by Special Power of Attorney (SPA) on March 3, 20XX to her cousin, Jonas Ngo, authorizing him to sign, acknowledge, and execute instruments necessary to convey the land and to take any action to effect transfer. The SPA states only that Jonas may sign documents and execute deeds; it does not expressly authorize acknowledgment before a notary. On April 25, 20XX, Jonas appears before Notary Public A in Dumaguete City and acknowledges a deed of sale from Ella to a buyer, signing as “Attorney‑in‑Fact for Ella Morales.” The Notary issues a certificate stating that the instrument is the act and deed of Ella Morales. The deed is intended to be a public instrument to effect transfer. Ella 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 Jonas’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?

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