Law 311 - Legal forms Given thru email (ECQ)

April 6, 2020 5:30p.m. – 7:30p.m.

INSTRUCTIONS
This questionnaire consists of 13 numbers in 2 pages. Read each question very carefully.
Answer legibly, clearly and concisely. Start answering on the second page. Start each
number on a separate page; answer to a sub-question may be written continuously on the
same, and succeeding pages until completed. Do not repeat the question.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!

I 10%. Distinguish between a Jurat and an Acknowledgment.

II 5% Jojo, a resident of Cavite, agreed to purchase the lot owned by Tristan, a resident of
Bulacan, Atty. Agaton, Jojo's lawyer who is also a notary public, prepared the Deed of Sale
and Jojo signed the document in Cavite. Atty. Agaton then went to Bulacan to get the
signature of Tristan. Thereafter, Atty. Agaton went back to his office in Cavite where he
notarized the Deed of Sale. Is the notarization legal and valid? Explain?

III 5%. Draft a Notarial Certificate.

IV 10%. Give the effects of notarization.

V 10%. A. What evidence of identity does the 2004 Rules on Notarial Practice require
before a notary public can officially affix his notarial seal on and sign a document presented
by an individual whom the notary public does not personally know?

B. When can Judges of the Municipal Trial Courts (MTC) and Municipal Circuit Trial Courts
(MCTC) perform the function of notaries public ex officio, even if the notarization of the
documents are not in connection with the exercise of their official functions and duties?

VI 5%. Is a lawyer (a) always a notary public; or (b) is a notary public always a lawyer?
Discuss

VII 5%. Atty. Z, a notary public commissioned in Dumaguete, attended a wedding in Bais. B
requested Z to notarize a deed of sale executed between X and Y who were both in Cebu
City. Atty. Z who has a portable notarial seal, notarized the document. Subsequently, X
assailed the document alleging that his signature thereon was falsified. What is the liability of
Atty. Z, if any? Explain

VIII 5%. What are the qualifications to be commissioned notary public?

IX 5%. What is the territorial jurisdiction and term of a notarial commission?

X 5%. What are the prohibitions imposed by law on the performance of a notarial
commission and what are the exceptions?

XI 5%. When is a notary public disqualified from performing a notarial act?

XII 5%. When can a notary public legally refuse to notarize a document?

XIII 5% each. Prepare the appropriate notarial act. Supply all facts needed. Do not use your
name. Assume that the principal is identified by the Notary Public through a competent
evidence of identity.

1. An Affidavit of Loss
2. A Deed of Absolute Sale
3. A Contract of Lease
Page 1 of 2
4. A Verification in a Petition for Certiorari
5. A Certification in preliminary investigation
6. A Special Power of Attorney
7. Copy Certification of a NORSU transcript
8. A Deed of Donation
9. A Verification and Certification against Forum Shopping in a Petition for Letters
Rogatory

Page 2 of 2