A.C. No. 12724 - Rivera vs. Dalangin

Sylvia Rivera, the surviving spouse of the late Teofilo Rivera, and Nicasio Rivera, Teofilo's son from another woman, filed a civil case for annulment of documents, cancellation of title, and damages against Felipe Pecache and the Register of Deeds of Nueva Ecija. The case was docketed as Civil Case No. 1470 and involved a land registered under Teofilo's name under Transfer Certificate of Title (TCT) No. NT-217758.
The Regional Trial Court (RTC) dismissed the complaint for lack of merit. Sylvia and Nicasio appealed to the Court of Appeals (CA), docketed as CA-G.R. CV No. 53694, but the CA affirmed the RTC's decision.

Sylvia and Nicasio sought legal assistance from Atty. Bayani Dalangin, who prepared a motion for reconsideration. The CA granted the motion, ruling in favor of Sylvia and Nicasio. Atty. Dalangin later filed a motion for execution of judgment and a motion to clarify the writ of execution.

Sylvia discovered that Nicasio and his wife, Emily de Luna, executed an Affidavit of Self-Adjudication with Sale on June 14, 2009, involving Teofilo's property. The land was sold for P100,000.00 to Spouses James Martin and Mary Ann Wy, who were issued TCT No. N-47751.
Sylvia charged Nicasio and Emily with estafa through falsification and attempted to recover the property by tendering P100,000.00 to the Spouses Wy, which she later consigned in court.

Sylvia filed a complaint for the annulment of the affidavit of self-adjudication with sale against the Spouses Wy, Nicasio, and Emily, and for the cancellation of TCT No. N-47751. In their answer, the Spouses Wy attached a Deed of Absolute Sale dated May 28, 2009, notarized by Atty. Dalangin, with a consideration of P4,000,000.00.
Sylvia alleged that the deed was antedated to prevent the consignment of the P100,000.00 and that Atty. Dalangin was aware of her interest in the property.

Sylvia filed a Complaint for Disbarment against Atty. Dalangin before the Integrated Bar of the Philippines (IBP), docketed as CBD Case No. 11-3237, on grounds of deceit and dishonesty. She submitted evidence that Atty. Dalangin failed to submit his notarial reports for the period February 6, 2008, to December 31, 2009.

Atty. Dalangin denied representing Sylvia, claiming that he was hired by Nicasio. He argued that he had no knowledge of Sylvia being Teofilo's lawful wife and maintained that the deed of absolute sale was not antedated. He presented a page from his notarial register showing the deed was executed on May 28, 2009.
Atty. Dalangin also claimed that he submitted his notarial reports for 2008 and 2009 on October 11, 2011.

The IBP Commission on Bar Discipline found that Atty. Dalangin violated the Code of Professional Responsibility and the Rules on Notarial Practice. It concluded that Atty. Dalangin had previously acted as Sylvia's counsel and that the notarization of the deed of absolute sale was anomalous.
The IBP recommended a two-year suspension from the practice of law, immediate revocation of his notarial commission, and disqualification from being appointed as a notary public for two years.

The IBP Board of Governors adopted the Commission's findings but later partly granted Atty. Dalangin's motion for reconsideration, removing the penalty of suspension and retaining the revocation of his notarial commission and disqualification from being a notary public for two years.

Dishonesty and Deceit: Atty. Dalangin exhibited dishonesty by feigning that he did not represent Sylvia. The Court found that Atty. Dalangin's actions, including filing motions on behalf of "plaintiffs" without distinguishing between Sylvia and Nicasio, demonstrated that he was aware of Sylvia's interest in the case. His claim that he only represented Nicasio was not credible.
Violation of Notarial Rules: Atty. Dalangin failed to timely submit his notarial reports, violating the Rules on Notarial Practice. The Court emphasized that notaries public must adhere to the rules governing their duties, including the timely submission of notarial reports.
Breach of Duty to Clients: Atty. Dalangin breached his duty to Sylvia by notarizing the deed of absolute sale without her participation, despite knowing that she had an interest in the property as Teofilo's widow. This act disregarded the rules on succession and prejudiced Sylvia's rights.
Penalty Modification: The Court modified the penalty to reflect the gravity of Atty. Dalangin's misconduct while considering the absence of proof that the deed was antedated. The suspension from the practice of law for six months was deemed appropriate, along with the revocation of his notarial commission and disqualification from being a notary public for two years.

The Supreme Court emphasized that lawyers must uphold the integrity and dignity of the legal profession. Atty. Dalangin's actions fell short of the standards expected of a lawyer, and his misconduct warranted administrative sanctions. The Court's decision serves as a reminder to all lawyers to act with honesty, integrity, and respect for the law.