2013 (Legal Ethics) Bar Exam Questions: Multiple Choice Question 4

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IV.

Ms. Seller and Mr. Buyer presented to a commissioned notary public a deed of sale for notarization. The notary public explained to them the transaction the deed embodies and asked them if they were freely entering the transaction. After the document was signed by all the parties, the notary public collected the notarial fee but did not issue any BIR-registered receipt.

The notarization of the deed is _____. (1%)

(A) neither unlawful nor improper because he explained the basis for the computation of the notarial fee

(B) unlawful because he did not issue a BIR-registered receipt and did not post in his office the complete schedule of chargeable notarial fees

(C) proper because he is not required to issue receipts for notarial fees

(D) improper because he did not ask Ms. Seller and Mr. Buyer if they needed a receipt

(E) proper because any irregularity in the payment of the notarial fees does not affect the validity of the notarization made

6 comments

  1. i was thinking of answering C dahil sa dinami-daming beses na akong nagpa-notarize ng mga document, ni isang beses hindi ako binigyan ng resibo ng notary public! (may galit lang haha)

    but i answered E.

  2. Ako B kasi ethics eh, lahat ng nauna ko na naisip na tamang sagot mali. basta doubt ko first answer kasi pakiramdam ko di ako ethical. Hahaha tsaka naisip ko may batas na kailangan sundin mag issue ng receipt so pag di ka nagissue as a lawyer di ko sinunod ang batas thus di siya ethical. Hehehe

  3. Required ba silang ipost ang charge sa notarial fees? Alam ko bawal e. Kasi di nga daw business ang law profession. E din sagot ko dito

    1. Sparkle i have no idea, basta alam ko required mag issue ng receipt, even big law firms pag nagpa notarize ka may receipt eh. Pero yun lang wala talaga ako legal basis i was just following my gut feel.

      1. E din ako because the question is on the validity of the notarization, the lawyer may be liable but I feel that it should not prejudice the person who had his document notarized.

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