Case Summary (A.C. No. 12724)
Antecedents
The complainant and her stepson, Nicasio Rivera, initiated a civil case (Civil Case No. 1470) for annulment of documents and cancellation of title against Felipe Pecache and the Register of Deeds of Nueva Ecija, which was dismissed by the Regional Trial Court (RTC) for lack of merit. This dismissal was affirmed by the Court of Appeals. After engaging Atty. Dalangin, a motion for reconsideration was filed and subsequently granted, leading to a favorable ruling for the complainants. Issues arose when Sylvia discovered that Nicasio executed an Affidavit of Self-Adjudication regarding Teofilo's property, selling it for P100,000.00 without her consent, leading Sylvia to seek redress through various legal avenues.
Basis of the Complaint
Sylvia filed a disbarment complaint against Atty. Dalangin, alleging deceit and dishonesty, particularly concerning his representation regarding the disputed property. Supporting evidence included a certification indicating that Atty. Dalangin had not submitted his notarial reports for an extensive period, raising concerns about his compliance with necessary legal protocols. Atty. Dalangin contended that he was not directly representing Sylvia, but rather Nicasio, a claim bolstered by his assertion that he was unaware of Sylvia's claims as a lawful heir.
Findings of the IBP
The Integrated Bar of the Philippines (IBP) found that Atty. Dalangin violated the Code of Professional Responsibility and the Rules on Notarial Practice. The report indicated that Atty. Dalangin had acted as counsel for both plaintiffs (Sylvia and Nicasio) but failed to uphold the ethical standards required of a lawyer, especially regarding the notarization of a Deed of Absolute Sale that was executed solely by Nicasio, disregarding Sylvia's rights as a compulsory heir. This situation constituted a clear conflict of interest and a breach of fiduciary duties as an attorney.
Ruling and Recommendations
The IBP recommended a two-year suspension of Atty. Dalangin from legal practice and an immediate revocation of his notarial commission. However, upon Atty. Dalangin's motion for reconsideration, the suspension was removed but the revocation of his notarial commission was upheld, highlighting the seriousness of his infractions. The Supreme Court eventually adopted the IBP's findings but modified the ruling, imposing a six-month suspension from practice instead.
Disciplinary Standards
In concluding, the Supreme Court reiterated the attorney's duty to uphold the law
...continue readingCase Syllabus (A.C. No. 12724)
Antecedents
- Sylvia R. Rivera, widow of Teofilo Rivera, and his son Nicasio Rivera filed a civil case (Civil Case No. 1470) for annulment of documents, cancellation of title, and damages against Felipe Pecache and the Register of Deeds of Nueva Ecija concerning a land registered under Teofilo's name (TCT No. NT-217758).
- The Regional Trial Court (RTC) dismissed the case for lack of merit, which was subsequently affirmed by the Court of Appeals (CA) under CA-G.R. CV No. 53694.
- Following this, Sylvia and Nicasio engaged Atty. Bayani Dalangin to prepare a motion for reconsideration, which the CA granted, ruling in their favor.
- After the decision became final, Atty. Dalangin filed a motion for execution and a motion to clarify the writ of execution.
- Sylvia later discovered that Nicasio and his wife executed an Affidavit of Self-Adjudication with Sale regarding Teofilo's property, selling it for P100,000 to Spouses James Martin and Mary Ann Wy, who were subsequently issued TCT No. N-47751.
- Sylvia claimed she intended to recover the property and offered to pay P100,000, while also filing a complaint for annulment of the affidavit and cancellation of TCT No. N-47751 against the Spouses Wy, Nicasio, and Emily.