In Castro v. Bigay, Jr., the Supreme Court ruled that disbarment proceedings require convincing and satisfactory proof to overcome the presumption of innocence of the lawyer. The Court dismissed the disbarment case against Atty. Bigay, Jr., who was accused of falsifying deeds, due to the lack of preponderant evidence. This decision emphasizes that accusations against lawyers must be substantiated with clear and convincing evidence rather than mere allegations, thereby protecting the integrity of the legal profession and ensuring fair treatment under the law.

Justice Undone? Proving Misconduct in Attorney Disbarment Cases

The case arose from a complaint filed by Eliezer F. Castro and Bethulia C. Casafrancisco against Atty. John Bigay, Jr. and Atty. Juan Siapno, Jr., alleging various violations, including perjury, estafa through falsification of public documents, obstruction of justice, deceit, and grave misconduct. The complainants claimed that Atty. Bigay, originally engaged to assist in settling Bethulia’s father’s estate, had illicitly acquired a portion of the estate’s land by simulating contracts of sale with the alleged cooperation of Atty. Siapno. Specifically, the charges centered on two deeds of absolute sale: one purportedly selling the land to Spouses Peter and Jocelyn Macaraeg, and another transferring the same property to Atty. Bigay and his wife, both notarized by Atty. Siapno.

Atty. Bigay denied being Bethulia’s counsel in 1989 and contended that the estate had been settled prior to his acquisition of the property. Atty. Siapno, on the other hand, claimed that the signatures on the deeds were forged and that he had never met the involved parties. The Integrated Bar of the Philippines-Commission on Bar Discipline (IBP-CBD) initially recommended suspending Atty. Bigay, Jr. for six months, finding him primarily responsible for the alleged falsification, while Atty. Siapno was warned to be more careful with his notarial duties.

However, the IBP Board of Governors modified this decision, reducing Atty. Bigay’s suspension to three months and issuing a warning to Atty. Siapno to be circumspect in his notarial transactions. Dissatisfied, the case reached the Supreme Court, which was tasked to determine whether the respondents should be held administratively liable based on the evidence presented. The Supreme Court emphasized that in disbarment proceedings, the burden of proof lies with the complainant. The Court must be presented with convincing and satisfactory evidence to exercise its disciplinary powers against a lawyer.

The Supreme Court underscored the need for preponderant evidence to justify imposing administrative penalties on lawyers, given the serious consequences of disbarment or suspension. Preponderant evidence implies that the evidence presented by one party is more convincing and carries greater weight than that of the opposing party. In this context, the Court found that the IBP-CBD’s findings lacked factual and legal support. The findings were based on mere allegations, assumptions, conjectures, and disputable legal presumptions rather than concrete evidence.

The Court noted that the allegation of forgery was not sufficiently substantiated. No evidence was presented to demonstrate that the contracts were simulated or that Atty. Bigay had forged or falsified the deeds of sale. While Atty. Siapno claimed that he did not notarize the documents and had never met the parties involved, the Court deemed these unsupported and self-serving denials insufficient. Conversely, Atty. Bigay presented notarized deeds of extrajudicial settlement of estate and partition executed by Bethulia and her sisters in 1984, indicating that Bethulia had already been allocated the 411 sq m portion of the subject parcel of land as her share in the estate. Furthermore, there was a deed of sale showing that Bethulia sold the property to Macaraeg, and a deed of donation executed by Bethulia in favor of her children, covering only 331 sq m of the original 411 sq m parcel.

The Court reiterated its limited role in administrative cases involving lawyers, emphasizing that it does not have the authority to determine the rights of the parties over the disputed property or to assess the validity of the subject documents. Instead, its function is confined to disciplining lawyers. The Court stated that the pronouncements made in this case are not determinative of any legal issues regarding the parties’ rights over the disputed property. The Court highlighted the presumption of innocence afforded to every person, as enshrined in Section 3(a), Rule 131 of the Rules of Court. An attorney is presumed innocent of the charges against him until proven otherwise. As an officer of the court, an attorney is also presumed to have performed his duties in accordance with his oath.

Turning to Atty. Siapno’s liability, the Court found him guilty of dereliction of duty as a notary public based on his own admissions. Despite maintaining that his signatures on the questioned deeds of sale were forged, he admitted that his notarial seal was accessible to others without his consent or knowledge. The Court emphasized that a notary public must exercise carefulness and faithfulness in performing notarial acts. The Notarial Law and the 2004 Rules on Notarial Practice require notaries public to refrain from any act that may lead to the revocation of their commission or the imposition of administrative sanctions.

In Gemina v. Atty. Madamba, the Court explained the crucial role of a notary public:

A notary public is empowered to perform a variety of notarial acts, most common of which are the acknowledgment and affirmation of documents or instruments. In the performance of these notarial acts, the notary public must be mindful of the significance of the notarial seal affixed on documents. The notarial seal converts a document from a private to a public instrument, after which it may be presented as evidence without need for proof of its genuineness and due execution.

Given Atty. Siapno’s first infraction and the lack of clear proof that he participated in an illegal transaction, the Court deemed a reprimand as the appropriate penalty. Ultimately, the Supreme Court dismissed the administrative case against Atty. John Bigay, Jr., while Atty. Juan Siapno, Jr. was found guilty of violating the Notarial Law and was reprimanded, with a stern warning against future similar acts.

FAQs

What was the key issue in this case?	The key issue was whether the respondents, Attys. Bigay and Siapno, should be held administratively liable for alleged misconduct, including forgery and violation of notarial duties. The Court needed to determine if there was sufficient evidence to warrant disciplinary action.
What was Atty. Bigay accused of?	Atty. Bigay was accused of having an interest in a property subject of litigation he was handling and for forging and simulating deeds to the prejudice of his client and her co-heirs. The complainants alleged he illicitly acquired a portion of an estate’s land.
What was Atty. Siapno accused of?	Atty. Siapno was accused of notarizing falsified deeds of sale and denying that he notarized the subject deeds of sale and averring that the said deeds are falsified, that his signatures therein as notary public were forged.
What evidence did Atty. Bigay present in his defense?	Atty. Bigay presented notarized deeds of extrajudicial settlement, a deed of sale showing the property was sold to a third party, and a deed of donation covering a reduced portion of the land, supporting his claim that he did not improperly acquire the property.
What did the IBP initially recommend?	The IBP-CBD initially recommended suspending Atty. Bigay for six months and warning Atty. Siapno to be more careful with his notarial duties.
How did the Supreme Court rule on Atty. Bigay’s case?	The Supreme Court dismissed the administrative case against Atty. Bigay, finding that the evidence presented by the complainants was insufficient to prove the charges against him. The Court emphasized that there must be convincing evidence to overcome the presumption of innocence.
What was the basis for the Court’s decision regarding Atty. Bigay?	The Court found that the IBP-CBD’s findings were based on mere allegations, assumptions, and conjectures rather than concrete evidence. The complainants failed to provide sufficient proof of forgery or other misconduct.
What was the Court’s ruling regarding Atty. Siapno?	The Court found Atty. Siapno guilty of dereliction of duty as a notary public, as he admitted that his notarial seal was accessible to others. He was reprimanded and warned against similar acts in the future.
What is the standard of proof in disbarment proceedings?	Disbarment proceedings require preponderant evidence, meaning the evidence presented by one party is more convincing and carries greater weight than that of the opposing party. The standard of proof is necessary to justify the imposition of administrative penalties on lawyers.
What is the significance of a notarial seal?	The notarial seal converts a private document into a public instrument, which can be presented as evidence without the need for proof of its genuineness and due execution. Notaries public must exercise care and faithfulness in their duties.

This case underscores the importance of presenting concrete evidence in disbarment proceedings and highlights the duty of notaries public to safeguard their notarial seals. The Supreme Court’s decision emphasizes the protection of lawyers’ reputations and the need for substantiated claims before imposing disciplinary measures.

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: ELIEZER F. CASTRO AND BETHULIA C. CASAFRANCISCO, COMPLAINANTS, VS. ATTY. JOHN BIGAY, JR. AND ATTY. JUAN SIAPNO, JR., RESPONDENTS., A.C. No. 7824, July 19, 2017