Relevant Facts
On November 25, 1931, Alejandro Pabro and Juana Mappala signed a contract before notary public Elias Borromeo, who was a member of the Philippine Bar. The contract had been prepared by the municipal secretary of Naguilian, Isabela. It allowed Pabro to take a concubine and permitted Mappala to engage in an adulterous relationship with another man, without opposition from one another. Borromeo acknowledged that he authenticated the document and admitted that it contained provisions contrary to law, morals, and good customs, although he claimed lack of knowledge regarding its illicit character due to potential misunderstandings arising from linguistic differences.
Legal Issues Presented
The case raises two pivotal legal questions: first, whether the contract endorsed immoral and illicit purposes; and second, whether a lawyer can face disciplinary measures for misconduct in his duties as a notary public, specifically related to the execution of such a contract.
Admissibility of the Contract
The court assessed whether the contract sanctioned an immoral arrangement, ultimately determining that it did, which contravened established legal, moral, and public order standards. Although the application of the Revised Penal Code provides that consent or pardon from the offended party can serve as a bar to prosecution for adultery or concubinage, the court noted that this does not imply the legislature’s intent to legitimize such acts. The contract, therefore, was deemed not judicially recognizable, as legalizing such arrangements would disregard fundamental moral tenets.
Disciplinary Authority of the Court
The court reaffirmed its jurisdiction to discipline attorneys for misconduct, emphasizing that a notary public holds responsibilities that require due diligence and integrity. Given that a notary public is often a member of the bar, they have an obligation to ensure their certifications are lawful and ethical. The court highlighted that any
...continue readingOverview of the Case
- The case pertains to the disbarment proceedings against Elias Borromeo, who served as a notary public and was accused of professional malpractice.
- The Solicitor-General initiated the proceedings, requesting Borromeo to show cause for his actions related to a controversial contract he notarized.
Background Facts
- On November 25, 1931, a contract was executed by Alejandro Pabro and Juana Mappala before Notary Public Elias Borromeo.
- The contract, prepared by the municipal secretary of Naguilian, Isabela, allowed the husband to take a concubine and the wife to engage in an adulterous relationship.
- Borromeo admitted to legalizing the document but claimed ignorance of its illegal and immoral contents, citing difficulties stemming from dialect differences.
Legal Questions Presented
- The first question examines whether the executed contract sanctioned an illicit and immoral purpose.
- The second question considers whether a lawyer can be disciplined for misconduct in their capacity as a notary public when involved in such a contract.
Legal Principles Involved
- The contract was executed when the Spanish Penal Code, modified by Act No. 1773, was in effect, whic