Integrity and Diligence: Essential Qualities for Lawyers in Notarial Practice

Sylvia R. Rivera v. Atty. Bayani P. Dalangin, A.C. No. 12724, July 28, 2020

Imagine a scenario where a family’s inheritance is at stake due to the actions of a trusted lawyer. This is precisely what happened in the case of Sylvia Rivera, who found herself embroiled in a legal battle over her late husband’s property. The core issue revolved around the actions of Atty. Bayani Dalangin, who was accused of deceit and dishonesty in his notarial practices. This case sheds light on the critical importance of integrity and diligence in the legal profession, particularly in the realm of notarial practice.

Sylvia Rivera, the surviving spouse of Teofilo Rivera, along with Nicasio Rivera, Teofilo’s son from another relationship, were involved in a legal dispute over a piece of land. The controversy escalated when Sylvia discovered that Nicasio and his wife had sold the property without her knowledge. Atty. Dalangin, who had previously represented Sylvia and Nicasio in a related case, was implicated in the notarization of the sale document, raising questions about his ethical responsibilities.

Legal Context: Understanding Notarial Responsibilities and Ethical Standards

In the Philippines, notaries public play a crucial role in the legal system, tasked with authenticating documents and ensuring their legal validity. The 2004 Rules on Notarial Practice set forth the responsibilities and limitations of notaries, emphasizing the importance of integrity and adherence to legal standards. Section 4 of Rule IV, for instance, mandates that a notary public shall not perform any notarial act if they know or have good reason to believe that the transaction is unlawful or immoral.

Moreover, the Code of Professional Responsibility, which governs the conduct of lawyers, underscores the obligation to uphold the law and maintain the dignity of the legal profession. Canons 1 and 7 specifically address the need for lawyers to obey the law and uphold the integrity of the profession. These principles are vital in ensuring that lawyers act ethically, particularly when involved in notarial practices.

Key provisions from the Code of Professional Responsibility include:

CANON 1 – A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and legal processes.

RULE 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

These rules are designed to protect the public and maintain trust in the legal system. For example, a notary who notarizes a deed of sale without ensuring all legal heirs are involved could inadvertently facilitate an unlawful transaction, as seen in Sylvia’s case.

Case Breakdown: The Journey of Sylvia Rivera’s Legal Battle

Sylvia Rivera and Nicasio Rivera initially filed a civil case against Felipe Pecache and the Register of Deeds of Nueva Ecija, seeking to annul certain documents and recover their property. The Regional Trial Court dismissed their complaint, but the Court of Appeals (CA) later granted their motion for reconsideration, ruling in their favor. Atty. Dalangin, who prepared the motion for reconsideration, filed subsequent motions for execution and clarification of the writ of execution.

The situation took a turn when Sylvia discovered that Nicasio and his wife had executed an Affidavit of Self-Adjudication with Sale, selling the property to Spouses James Martin and Mary Ann Wy. The deed of sale, notarized by Atty. Dalangin, was contested by Sylvia, who argued that it was antedated to circumvent her rights as a legal heir.

Sylvia filed a complaint for disbarment against Atty. Dalangin, alleging deceit and dishonesty. The Integrated Bar of the Philippines (IBP) investigated the matter and found Atty. Dalangin guilty of violating the Code of Professional Responsibility and the Rules on Notarial Practice. The IBP recommended the suspension of Atty. Dalangin from practicing law and the revocation of his notarial commission.

The Supreme Court, in its decision, highlighted the following key points:

“Atty. Dalangin exhibited dishonesty in feigning that he did not represent Sylvia.”

“Atty. Dalangin should have been circumspect in notarizing the deed of absolute sale over Teofilo’s property knowing that a legal heir was left out.”

The Court ultimately modified the penalty, imposing the immediate revocation of Atty. Dalangin’s notarial commission, disqualification from being commissioned as a notary public for two years, and suspension from the practice of law for six months.

Practical Implications: Lessons for Lawyers and Property Owners

This case underscores the importance of lawyers maintaining high standards of integrity and diligence, especially in notarial practice. For lawyers, it serves as a reminder to thoroughly investigate the facts of a case and ensure compliance with legal requirements before engaging in any notarial act. Property owners, particularly those involved in inheritance disputes, should be vigilant in verifying the authenticity and legality of documents related to their property.

Key Lessons:

• Lawyers must uphold the law and maintain the integrity of the legal profession at all times.
• Notaries public have a responsibility to refuse notarization if they suspect unlawful or immoral transactions.
• Property owners should seek legal advice to ensure their rights are protected in inheritance matters.

Frequently Asked Questions

What are the responsibilities of a notary public in the Philippines?

A notary public is responsible for authenticating documents, ensuring their legality, and maintaining accurate records of notarial acts. They must refuse to notarize if they believe the transaction is unlawful or immoral.

Can a notary public be held liable for notarizing a document without all legal heirs?

Yes, a notary public can be held liable for professional misconduct if they notarize a document knowing that it excludes a legal heir, as this could be considered an unlawful act.

What are the consequences for a lawyer found guilty of deceit and dishonesty?

Consequences may include suspension from the practice of law, revocation of notarial commission, and disqualification from being commissioned as a notary public for a specified period.

How can property owners protect their rights in inheritance disputes?

Property owners should consult with a lawyer to ensure all legal heirs are accounted for in any transaction and to verify the legality of documents related to their property.

What steps should lawyers take to avoid ethical violations in notarial practice?

Lawyers should thoroughly investigate the facts of a case, ensure compliance with legal requirements, and refuse notarization if they suspect any unlawful or immoral activity.

ASG Law specializes in notarial practice and ethical standards in the legal profession. Contact us or email hello@asglawpartners.com to schedule a consultation.