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SYLVIA R. RIVERA v. ATTY. BAYANI P. DALANGIN

FACTS:

Sylvia Rivera and Nicasio Rivera filed a civil case for annulment of documents, cancellation of title, and damages against Felipe Pecache and the Register of Deeds of Nueva Ecija before the Regional Trial Court (RTC). The RTC dismissed the complaint, but Sylvia and Nicasio appealed to the Court of Appeals (CA). They sought the assistance of Atty. Bayani Dalangin, who prepared a motion for reconsideration. The CA granted the motion and ruled in favor of Sylvia and Nicasio. Afterward, Sylvia discovered that Nicasio and his wife Emily de Luna executed an Affidavit of Self-Adjudication with Sale involving Teofilo's property. The land was sold to Spouses James Martin and Mary Ann Wy. Sylvia filed a complaint for the annulment of the affidavit and cancellation of the new title. She also charged Nicasio, Emily, and Spouses Wy with estafa through falsification. In their answer, Spouses Wy attached a Deed of Absolute Sale notarized by Atty. Dalangin. Sylvia claimed that the deed was antedated. Consequently, Sylvia filed a disbarment complaint against Atty. Dalangin for deceit and dishonesty, claiming that he previously represented her as counsel and notarized an anomalous deed. The Integrated Bar of the Philippines (IBP) recommended the suspension and revocation of Atty. Dalangin's notarial commission, and disqualification from being appointed as notary for two years. Atty. Dalangin denied that Sylvia was his client and argued that he had no knowledge of Sylvia's interest in the property. He also presented evidence to support the authenticity of the deed of sale.

ISSUES:

  1. Whether Atty. Dalangin violated the Code of Professional Responsibility and the Rules on Notarial Practice.

  2. Whether there was an attorney-client relationship between Atty. Dalangin and Sylvia.

RULING:

  1. Atty. Dalangin violated the Code of Professional Responsibility and the Rules on Notarial Practice. He previously acted as Sylvia's counsel and the notarization of the deed of absolute sale was found to be anomalous.

  2. There was an attorney-client relationship between Atty. Dalangin and Sylvia. This was evidenced by various documents, including the motion for execution and the motion to clarify writ of execution, where Atty. Dalangin appeared as counsel for the "plaintiffs," without distinguishing between Sylvia and Narciso.

PRINCIPLES:

  • Lawyers are required to live by the law and any lawyer who engages in deceitful conduct deserves administrative sanctions.

  • The notarization of documents must be done in accordance with the Rules on Notarial Practice.

  • An attorney-client relationship may be established through the conduct and actions of the parties involved.