G.R. No. A.C. No. 12724, July 28, 2020
Sylvia R. Rivera, Complainant, vs. Atty. Bayani P. Dalangin, Respondent.

FACTS

Complainant Sylvia R. Rivera, the surviving spouse of the late Teofilo Rivera, and Nicasio Rivera, Teofilo’s son from another woman, were plaintiffs in a civil case for annulment of documents and cancellation of title. After the Regional Trial Court (RTC) dismissed their complaint and the Court of Appeals (CA) initially affirmed it, they sought assistance from respondent Atty. Bayani Dalangin, who prepared a successful motion for reconsideration leading to a favorable CA decision. Atty. Dalangin subsequently filed a motion for execution and a motion to clarify the writ of execution on behalf of the “plaintiffs.” Later, Sylvia discovered that Nicasio and his wife executed an Affidavit of Self-Adjudication with Sale involving Teofilo’s property, selling it for P100,000.00 to Spouses James Martin and Mary Ann Wy. Sylvia filed a complaint to annul this affidavit. In their answer, the Spouses Wy attached a Deed of Absolute Sale dated May 28, 2009, with a consideration of P4,000,000.00 and notarized by Atty. Dalangin. Sylvia alleged this deed was antedated to prevent her consignment of the P100,000.00 purchase price in court and that Atty. Dalangin was aware of her interest in her late husband’s property. Sylvia filed a disbarment complaint against Atty. Dalangin before the Integrated Bar of the Philippines (IBP), alleging deceit and dishonesty, and submitted a certification that he did not submit his notarial reports for 2008-2009. Atty. Dalangin denied Sylvia was his client, claiming he was hired only by Nicasio, and asserted he had no knowledge Sylvia was Teofilo’s lawful wife. He presented a page from his notarial register to prove the deed was executed on May 28, 2009, and countered that he submitted his notarial reports in October 2011.

ISSUE

Whether Atty. Bayani P. Dalangin violated the Code of Professional Responsibility and the Rules on Notarial Practice, warranting disciplinary action.

RULING

Yes, Atty. Bayani P. Dalangin is guilty of violating Canons 1 and 7 of the Code of Professional Responsibility and Sections of the 2004 Rules on Notarial Practice. The Court found that Atty. Dalangin exhibited dishonesty by feigning that he did not represent complainant Sylvia R. Rivera, as evidenced by the caption of the cases and the motions for execution he filed on behalf of the “plaintiffs.” He also violated his duties as a notary public by notarizing a Deed of Absolute Sale that conveyed property belonging to the estate of Teofilo Rivera, knowing that Sylvia, a compulsory heir, was excluded from the transaction, which was contrary to the rules on succession. His failure to submit his notarial reports on time constituted a further violation. The Court modified the IBP’s recommended penalty. Atty. Dalangin’s notarial commission is immediately revoked, he is disqualified from being commissioned as a notary public for two years, and he is suspended from the practice of law for six months. He is sternly warned that a repetition will be dealt with more severely.