1. Atty. Sabungero obtained a notarial commission.

One Sunday, while he was at the cockpit, a

person approached him with an affidavit that needed to be notarized. Atty. Sabungero
immediately
pulled out from his pocket his small notarial seal, and notarized the document. Was the affidavit
validly notarized? Explain.

Answer: No, the affidavit was not validly notarized. Under the Notarial Law, a notary public
shall not perform a notarial act outside his regular place of work or business except under
those exceptional occasions or situations enumerated under such law. In the case at bar, the
lawyer notarized the document outside his regular place of work or business and such
neither falls within the exceptions provided by said law because the act was done within a
cockpit.

2. Myra asked Atty. Elma to notarize her deed of sale. When Elma asked for
Myra's competent evidence of identity, she explained that she does not have any
current identification document nor could she get one soon. Instead, she
presented her friend, Alex, who showed Atty. Elma his drivers license and
confirmed her Myras identity. Is Alexs identification of Myra valid?

No, Myra needs to produce a valid identification document of herself.

3. A party to a contract does not know how to write. Neither can he affix his thumbmarkbecause
both hands were amputated. How will that person execute the contract?

C. The party may ask the notary public to sign in his behalf.

4. Atty. Tony is a 25 year old Filipino lawyer. He has been a resident in Paranaque Cityfor about
ten (1 0) years and holds office in his residence. He filed a petition forappointment
as Notary Public in Paranaque and has clearance from the I BP and theBar Confidant. However, it
appears that while still a college student, he was convictedby a Laguna Court for Reckless
Imprudence Resulting in Damage to Property. Duringthe summary hearing of his petition, the
offended party therein strongly objected on thatground. Can Atty. Tony be appointed?

Answer: Yes, the offense of Reckless Imprudence does not involve moralturpitude.