The Supreme Court’s decision in Manzano v. Soriano underscores the high ethical standards demanded of members of the legal profession. The Court disbarred Atty. Santiago C. Soriano for dishonesty, grave misconduct, and unauthorized notarial practice. This ruling reinforces that lawyers must uphold the law and maintain the integrity of the legal profession, and those who violate these principles face severe consequences, including disbarment.

Attorney Betrayal: When Client Trust Turns to Legal Turpitude

Ederlinda K. Manzano filed a disbarment complaint against Atty. Santiago C. Soriano, alleging dishonesty and unauthorized notarial practice. Manzano had engaged Soriano to pursue collection cases, providing him with office space. She later discovered that Soriano had convinced one of her debtors to sell property to him, promising to remit a portion of the proceeds to Manzano to settle the debt. However, Soriano misappropriated the funds. Manzano also accused Soriano of acting as a notary public without the necessary commission. These actions led to the disbarment of Atty. Soriano.

The Integrated Bar of the Philippines (IBP) found Soriano guilty of grave misconduct and malpractice, recommending his disbarment, which the IBP Board of Governors approved with a modification of the penalty to indefinite suspension. The Supreme Court, however, found the original recommendation of disbarment more appropriate. The Court emphasized that Soriano had perverted his position as Manzano’s lawyer by exploiting his legal expertise to defraud both Manzano and her debtor. He had convinced the debtor to sell property to him with the understanding that he would remit a portion of the proceeds to Manzano. Instead, Soriano misappropriated the funds for his own benefit.

To conceal his actions, Soriano presented a deed of sale indicating he acquired the property from the debtor’s mother for a significantly lower price. The deed also showed Soriano acting as both the buyer and the notary public, despite not having a notarial commission at the time. This attempt to cover up his misdeed ultimately failed, leading to an estafa charge against him. The Court cited Canon 16 of the Code of Professional Responsibility, which mandates that “a lawyer shall hold in trust all money and property collected or received for or from the client.” Soriano’s actions were a clear violation of this canon.

The Supreme Court has consistently emphasized the duty of lawyers to uphold the law and legal processes by not engaging in unlawful, dishonest, immoral, or deceitful conduct. Such conduct constitutes moral turpitude and a violation of the attorney’s oath, warranting suspension or disbarment. The Court also noted Soriano’s prior administrative complaint for misapplying client funds, indicating a pattern of misconduct. Additionally, the Court found Soriano guilty of malpractice for exercising the powers of a notary public without a commission. He had notarized several documents, holding himself out as a notary public when he lacked the proper authorization. This unauthorized notarization further demonstrated his disregard for legal and ethical standards.

The significance of proper notarization cannot be overstated. As the Court in Zoreta v. Simpliciano elucidated:

xxx [N]otarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries public. The protection of that interest necessarily requires that those not qualified or authorized to act must be prevented from imposing upon the public, the courts and the administrative offices in general. It must be underscored that the notarization by a notary public converts a private document into a public document making that document admissible in evidence without further proof of authenticity. A notarial document is by law entitled to full faith and credit upon its face. For this reason, notaries public must observe with utmost care the basic requirements in the performance of their duties.

Soriano’s actions, particularly the notarization of a sham deed of sale where he was the transferee, created an impression of dishonesty and deceit, undermining public trust in the legal profession. The Court highlighted that a lawyer must be a guardian of the law and an instrument for the orderly administration of justice, acting with a high degree of professionalism and decency. Soriano failed to meet these standards, showing no remorse for his actions and even failing to adequately defend himself in the disbarment proceedings.

The Supreme Court referenced previous cases to support its decision, emphasizing that disbarment is warranted in cases of misconduct that seriously affect a lawyer’s standing and character. Given Soriano’s pattern of dishonesty and abuse of authority, the Court concluded that he had become a liability to the legal profession. The Court emphasized that his continued practice of law would likely subvert justice, dishonor the bar, and diminish public trust in the legal system. Therefore, the Court ordered his disbarment, removing him from the Roll of Attorneys.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Santiago C. Soriano should be disbarred for dishonesty, misappropriation of client funds, and unauthorized notarial practice. The Supreme Court found him guilty of grave misconduct and ordered his disbarment.
What did Atty. Soriano do that led to the disbarment complaint?	Atty. Soriano misappropriated funds from a property sale intended to settle his client’s debt and acted as a notary public without the required commission, notarizing several documents unlawfully. These actions violated the Code of Professional Responsibility and constituted grounds for disbarment.
What is Canon 16 of the Code of Professional Responsibility?	Canon 16 of the Code of Professional Responsibility states that “a lawyer shall hold in trust all money and property collected or received for or from the client.” Atty. Soriano violated this canon by misappropriating funds meant for his client.
Why is notarization important?	Notarization converts a private document into a public document, making it admissible in evidence without further proof of authenticity. Only authorized notaries public can perform this act.
What happens if a lawyer notarizes documents without a commission?	A lawyer notarizing documents without a commission commits malpractice and may face charges of falsification of public documents. This action violates the lawyer’s oath and is a serious ethical breach.
What was the IBP’s recommendation in this case?	The IBP initially recommended indefinite suspension for Atty. Soriano. However, the Supreme Court found disbarment to be the more appropriate penalty, given the severity of his misconduct and pattern of dishonesty.
What is moral turpitude?	Moral turpitude involves conduct that is considered immoral, unethical, or contrary to justice, honesty, and good morals. Such conduct is a ground for suspension or disbarment of lawyers.
What is the effect of disbarment?	Disbarment means the lawyer is removed from the Roll of Attorneys and is prohibited from practicing law. This is the most severe penalty that can be imposed on a lawyer.
What was the significance of Zoreta v. Simpliciano in this case?	Zoreta v. Simpliciano emphasized the importance of notarization and the need for authorized individuals to perform notarial acts. It supported the Court’s decision to penalize Atty. Soriano for unauthorized notarization.

This case serves as a stark reminder of the ethical obligations of lawyers and the severe consequences of violating those obligations. The disbarment of Atty. Soriano underscores the Supreme Court’s commitment to maintaining the integrity of the legal profession and protecting the public from unscrupulous practitioners.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: EDERLINDA K MANZANO VS. ATTY. SANTIAGO C. SORIANO, A.C. No. 8051, April 07, 2009