Civil Law, 2011 Bar — Question 96

MULTIPLE CHOICE

Pepito executed a will that he and 3 attesting witnesses signed following the formalities of law, except that the Notary Public failed to come. Two days later, the Notary Public notarized the will in his law office where all signatories to the will acknowledged that the testator signed the will in the presence of the witnesses and that the latter themselves signed the will in the presence of the testator and of one another. Was the will validly notarized? A) No, since it was not notarized on the occasion when the signatories affixed their signatures on the will. B) Yes, since the Notary Public has to be present only when the signatories acknowledged the acts required of them in relation to the will. C) Yes, but the defect in the mere notarization of the will is not fatal to its execution. D) No, since the notary public did not require the signatories to sign their respective attestations again.

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