Grafilo, Anna Patricia B.

3D

2018890318

Prelims - LEGAL FORMS

1. Daniella wanted to study abroad and upon browsing the internet she came
across with scholarship programs offered by Technological University of Munich in
Germany. To ensure that her documents will be valid in other countries, she sought
for your assistance.

1.1 As a lawyer, how will you advise Daniella? Why? (10 pts.)

As a lawyer, I would advise Daniella to have her documents either

appostilized or authenticated. This is to ensure that her documents would
be recognized as authentic and that such document was carefully
reviewed and examined by the government agency that has the concern
over such matters. If Germany is a party or signatory to the Apostille
Convention, I would advise Daniella to go for this process as the
procedure for apostillizing a document is more streamlined compared to
authenticating it.

1.2 Discuss apostillization, its effects, and how it differs from Red
Ribbon. (10 pts.)

Apostillization means that it certifies the origin of the public document.

Apostilization only certifies the origin of such public document and
whether or not the seal or signature contained in such document is
authentic. It differs from Red Ribbon because red ribbon guarantees or
authenticates the content of the public document, Apostille does not.
1.3 Prepare an Apostille. (10 pts).

Department of Foreign Affairs

Manila, Philippines

Apostille

(Convention de la Haye)

1. Country Philippines
2. The document has been signed by Anna Patricia Grafilo
3. Acting in the capacity of Notary Public
4. Bears the seal of Anna Patricia Grafilo, Notary Public, Manila
5. Certified at Manila
nd
6. The 22 of April 2021
7. By Kit de Leon Department of Foreign Affairs
8. No. ZIIP-LU-23549
9. Stamp 10. Siganture
 2. Simon is selling his Jeep to Luis for 3 million. They went to your office for
the preparation of the necessary document. Simon presented the OR/CR of the
vehicle and his Driver’s License valid until April 21, 2023, while Luis, a teacher,
presented his PRC ID valid until March 31, 2021. Upon scrutiny of the documents,
you noticed that there was an annotation in the CR that the vehicle is mortgaged to
BDO. Simon explained that he had fully paid the vehicle and he had shown to you a
receipt for his last payment. He added that he is supposed to cause the cancelation
of the mortgage only there are travel restrictions due to “COVID-19”. Also, you told
Luis that his ID has already expired last March 31, 2021, but Luis said he was not
able to renew it due to “COVID-19”, anyway, Luis said, even with an expired ID he
continues to be a teacher.
2.1. Can you refuse to assist Simon and Luis in preparing a Deed of
Sale? Why? (10 pts.)

Yes. The grounds for refusal to notarize by the notary public shall be the
following:
1. if the notary has a reason to believe that such document may be
immoral or illegal
2. the signatory shows a behavior which may lead the notary to have
reasonable doubt as to whether the party knows the effect of
notarization
3. if by the notary’s judgment the signatory is being forced to sign
4. improper document or instrument.

In this situation I think Luis may not know of the consequences of the notarization
of the document, since it is indicated in the CR of the vehicle that it is mortgaged.
Luis also lacks a competent evidence of identity, which should be a current
identification document issued by a government agency, which contains his
address and photo. Thus, I may refuse to notarize such document.

2.2 You, instead, offered to buy the vehicle, so you execute the necessary
Deed of Sale. For what had happened, Luis can go against whom? Why. (10
pts.)

Luis can go against Simon since there is a perfected Deed of Sale between
them and Simon selling the vehicle to me could be considered as breach of
contract. Luis can also go against me for violation of the Code of Professional
Responsibility.

2.3 Discuss the procedure how to be a Notary Public. (10 pts.)

A notary public is a citizen of the Philippines, over 21 years old, who is a

resident of the Philippines for at least 1 year and maintains a place of work;
member of the Philippine Bar; and is not convicted of a crime involving moral
turpitude. He must have all the qualifications and clearance required by the law.

He shall file a petition for notarial commission in the RTC where he plans to
conduct his notarial services. A summary hearing of the petition shall be conducted
by the Executive Judge. If there is no opposition received by the executive judge,
his petition may be granted and shall now obtain a notarial commission signed by
the executive judge. He shall also have the authorization to purchase a Notarial
Seal. The term of a notary public shall be for 2 years commencing of January 1 of
the year the commissioning is made.

3. Juan and Pedro agreed that the latter will be buying the former’s lot on
installment basis. Pedro, however, wanted the title to be transferred in his name as
he will be using it as collateral in his housing loan with the bank, but due to COVID-
19, they could not simultaneously appear before a notary public.
3.1 Can Juan asked you to prepare and notarize a document even
in the absence of Pedro? Why? (10 pts.)

No, a ground for refusal to notarize a document by the notary public is

if one of parties does not appear before him. Notarization certifies that every
party to a document appear before him and presented competent evidence
of their identity. Failure of the parties to appear will result to the refusal of the
notary public to notarized said document. In addition, if such notary public
notarized said document even if one of the parties is absents, such action
may result to a disciplinary action by the IBP and an administrative case filed
against the Notary Public.

3.2 In the absence of any one of the parties to a document,

discuss the remedies of the Notary Public? (10 pts.)

In the absence of any one of the party, the Notary Public may notarize
such document by signing in behalf of such party provided that such steps
will be taken:

1. The notary public is instructed by the party unable to sign to do

such.
2. The signing was done in the presence of 2 uninterested and
unaffected witnesses, both witnesses also affix their signature to
such
3. Notary public writes under his signature that he signed such
document in the presence of the 2 witnesses
4. And that he notarized his own signature

3.3 If the parties resorted to notarization thru videoconferencing,

discuss the procedure to be observed by – (15 pts.)

1) the principal

The principal shall send the instrument or a document either

through a courier service or personally. He shall also provide the
tracking number to the notary public. Such document shall contain
his/her signature and 2 competent evidence of identity; and a CD or
USB video of him signing the such document.

During video conferencing, the principal shall show his location

through a geolocation program or application or would show
identifiable landmarks near him to confirm his location
 2) the Notary Public.

Upon receiving the document from the principal, the notary

public shall then schedule the videoconferencing, the opening of the
document and the attachment of the seal shall be made within the full
view of the parties.

During videoconferencing, the notary public shall verify the

principals signature.

4. For your HONESTY and compliance within the time limit – 5 pts.

STAY SAFE!

Kindly forward your answers to your respective beadle.