In the case of Mabini v. Kintanar, the Supreme Court ruled that a lawyer could not be held liable for misconduct for notarizing a document executed by his wife in 2002 because the law in effect at that time, the Revised Administrative Code of 1917, did not prohibit such an act. The Court emphasized that the prohibitions introduced by the 2004 Rules on Notarial Practice could not be applied retroactively. This decision clarifies the importance of adhering to the specific legal standards in place at the time of the questioned notarial act.

Affidavit of Loss: Was Notarizing a Spouse’s Document in 2002 a Misconduct?

The case originated from a complaint filed by Roberto P. Mabini against Atty. Vitto A. Kintanar, accusing him of misconduct for notarizing an affidavit executed by his wife, Evangeline C. Kintanar. Mabini argued that this act violated ethical standards for lawyers and notaries public, given the relationship between Atty. Kintanar and his wife. Atty. Kintanar defended his actions by stating that the Revised Administrative Code of 1917, which was in effect at the time of notarization in 2002, did not explicitly prohibit a notary public from notarizing documents executed by their spouse. The central legal question was whether Atty. Kintanar’s act constituted a breach of notarial duties, considering the legal framework in place at the time.

At the heart of the matter is the evolution of notarial law in the Philippines. Prior to 1917, the Spanish Notarial Law of 1889 governed notarial practices. However, this was superseded by the Revised Administrative Code of 1917. It was not until 2004 that the Supreme Court introduced the Revised Rules on Notarial Practice, which contained specific prohibitions regarding notarizing documents for relatives. The timing of these legal changes is crucial, as the act in question occurred in 2002, well before the 2004 rules took effect.

The Supreme Court referred to its earlier decision in Heirs of Pedro Alilano v. Atty. Examen, where it stated that the Revised Administrative Code of 1917 repealed the Spanish Notarial Law of 1889. The Court emphasized that the Revised Rules on Notarial Practice were passed only in 2004. In the Alilano case, the lawyer was charged with violating notarial law for notarizing a deed of sale executed by his brother in 1984. The Court held that the lawyer was competent to do so, as the Revised Administrative Code did not prohibit a notary public from notarizing a document of a relative.

“Prior to 1917, governing law for notaries public in the Philippines was the Spanish Notarial Law of 1889. However, the law governing Notarial Practice is changed with the passage of the January 3, 1916 Revised Administrative Code, which took effect in 1917. In 2004, the Revised Rules on Notarial Practice was passed by the Supreme Court.”

The Court also cited Aznar Brothers Realty Co. v. Court of Appeals, which reiterated that the Spanish Notarial Law of 1889 was indeed repealed by the Revised Administrative Code. This case reinforced the understanding that Chapter 11 of the Revised Administrative Code governed notarial practice in 1964. Furthermore, in Ylaya v. Atty. Gacott, the Court expressly stated that documents notarized in 2000 and 2001 were not covered by the 2004 Rules on Notarial Practice.

“We note that the respondent has not squarely addressed the issue of his relationship with Reynold, whom the complainant alleges to be the respondent’s uncle because Reynold is married to the respondent’s maternal aunt. However, this is of no moment as the respondent cannot be held liable for violating Section 3 (c), Rule IV of A.M. No. 02-8-13-SC because the Deed of Absolute Sale dated June 4, 2001 and the MOA dated April 19, 2000 were notarized by the respondent prior to effectivity of A.M. No. 02-8-13-SC on July 6, 2004. The notarial law in force in the years 2000-2001 was Chapter 11 of Act No. 2711 (the Revised Administrative Code of 1917) which did not contain the present prohibition against notarizing documents where the parties are related to the notary public within the 4th civil degree, by affinity or consanguinity. Thus, we must likewise dismiss the charge for violation of A.M. No. 02-8-13-SC.”

The Court’s reasoning hinged on the principle that laws should not be applied retroactively unless explicitly stated. Because the Revised Administrative Code of 1917 did not prohibit a notary public from notarizing documents for a spouse, Atty. Kintanar’s actions in 2002 did not constitute misconduct. This adheres to the legal principle that individuals should be judged by the laws in effect at the time of their actions. The Court emphasized that any prohibitions introduced by the 2004 Rules on Notarial Practice could not retroactively apply to acts performed before its enactment.

In summary, the Court found no basis to hold Atty. Kintanar liable for misconduct. This decision underscores the necessity of aligning legal judgments with the specific laws and regulations in effect at the time of the alleged infraction. The case provides a clear illustration of how changes in legal frameworks can impact the assessment of past actions and the importance of adhering to the existing legal standards when performing notarial acts. This ruling offers clarity on the scope and limitations of notarial duties, particularly in the context of familial relationships and evolving legal standards.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Kintanar committed misconduct by notarizing his wife’s affidavit of loss in 2002, considering the legal framework at the time.
What law governed notarial practice in 2002?	In 2002, notarial practice was governed by the Revised Administrative Code of 1917, which did not prohibit a notary public from notarizing documents for a spouse.
When did the Revised Rules on Notarial Practice take effect?	The Revised Rules on Notarial Practice, which introduced new prohibitions, took effect in 2004.
Did the Supreme Court apply the 2004 rules retroactively?	No, the Supreme Court did not apply the 2004 rules retroactively, as the act in question occurred in 2002.
What was the basis for the complainant’s claim of misconduct?	The complainant argued that Atty. Kintanar’s act of notarizing his wife’s affidavit violated ethical standards for lawyers and notaries public.
What was Atty. Kintanar’s defense?	Atty. Kintanar argued that the Revised Administrative Code of 1917, in effect at the time, did not prohibit a notary public from notarizing documents executed by their spouse.
What did the IBP recommend?	The IBP initially recommended suspending Atty. Kintanar from the practice of law for six months, but this was later modified.
What was the Supreme Court’s ultimate decision?	The Supreme Court dismissed the complaint against Atty. Kintanar, finding no basis to hold him liable for misconduct.
What is the significance of this ruling?	The ruling clarifies that legal judgments must align with the specific laws and regulations in effect at the time of the alleged infraction.

In conclusion, the Supreme Court’s decision in Mabini v. Kintanar reinforces the principle that laws should not be applied retroactively. This case highlights the importance of understanding the specific legal framework in place at the time of a questioned action, particularly in the context of notarial duties and familial relationships.

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: Roberto P. Mabini v. Atty. Vitto A. Kintanar, A.C. No. 9512, February 05, 2018