The Supreme Court decision in Atty. Mylene S. Yumul-Espina vs. Atty. Benedicto D. Tabaquero underscores the critical importance of adherence to notarial practices. The Court found Atty. Yumul-Espina guilty of violating the 2004 Rules on Notarial Practice by notarizing an affidavit without the affiant’s personal appearance. Consequently, she was suspended from the practice of law for six months, her notarial commission was revoked, and she was disqualified from being commissioned as a notary public for two years. This ruling serves as a stern reminder to all notaries public to strictly observe the requirements of personal appearance and proper identification to ensure the integrity and authenticity of notarized documents.

Oath Betrayed: Can a Lawyer’s Duty to a Client Excuse Violations of Notarial Law?

This case began with a complaint filed by Atty. Mylene S. Yumul-Espina against Atty. Benedicto D. Tabaquero, alleging violations of the Code of Professional Responsibility (CPR). The complaint stemmed from Atty. Tabaquero’s representation of Derek Atkinson, a British citizen, in criminal cases against Atty. Yumul-Espina and Shirley Atkinson for falsification of documents. Atty. Yumul-Espina argued that Atty. Tabaquero was attempting to assert his client’s rights to own property in the Philippines, which is constitutionally prohibited for foreigners. In response, Atty. Tabaquero claimed he was acting on his client’s instructions after discovering the allegedly falsified Affidavit of Waiver of Rights, which Atty. Yumul-Espina notarized, purportedly signed by Derek Atkinson.

The Integrated Bar of the Philippines (IBP) initially dismissed both the complaint and a counter-complaint filed by Atty. Tabaquero, based on affidavits of desistance from both parties. However, the Supreme Court reversed the IBP’s decision, emphasizing that disbarment proceedings are sui generis and imbued with public interest, and therefore, cannot be terminated solely based on the whims of the parties involved. The Court proceeded to evaluate the merits of both the complaint and the counter-complaint.

The Court found Atty. Tabaquero not guilty of violating Canon 1 of the CPR. The Court reasoned that the criminal cases filed by Atty. Tabaquero on behalf of his client did not seek to transfer land ownership to a foreigner. Instead, they focused on the alleged falsification of the affidavit. The Court emphasized that the constitutional prohibition on foreign land ownership was irrelevant to the criminal complaints against Atty. Yumul-Espina and Shirley Atkinson.

However, the Court took a different view of the counter-complaint against Atty. Yumul-Espina for violating the Notarial Law. The evidence presented, including Derek Atkinson’s passport entries and certification from the Bureau of Immigration, demonstrated that he was not in the Philippines on the date the Affidavit of Waiver was purportedly notarized. This evidence strongly suggested that Atty. Yumul-Espina notarized the document without the required personal appearance of the affiant.

The 2004 Rules on Notarial Practice explicitly require the personal presence of the signatory at the time of notarization. Specifically, Rule IV, Section 2(b) states:

A person shall not perform a notarial act if the person involved as signatory to the instrument or document –

(1) is not in the notary’s presence personally at the time of the notarization; and

(2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules.

The Court noted that Atty. Yumul-Espina failed to adequately address this critical issue in her pleadings before the IBP. This failure, combined with the evidence presented, led the Court to conclude that she had indeed violated the Notarial Law. As a result, the Court imposed the penalties of suspension from the practice of law for six months, revocation of her notarial commission, and disqualification from being commissioned as a notary public for two years. This decision reaffirms the importance of notarial duties and the consequences of failing to uphold them.

The Supreme Court highlighted that administrative cases against lawyers are distinct from civil and criminal cases, and can proceed independently. The outcome of this administrative case does not directly impact the pending criminal cases involving the parties. This separation underscores the unique nature of disciplinary proceedings within the legal profession, focused on maintaining ethical standards and protecting the public.

The Court also issued a reminder to members of the bar to exercise caution when filing disbarment complaints. Complaints motivated by retaliation, mistake, or misapprehension of facts can waste valuable time and resources of the IBP and the Court. While the right to file a complaint is protected, it must be exercised responsibly and with due diligence.

This case reinforces several key principles of legal ethics and notarial practice. First, it clarifies that affidavits of desistance do not automatically terminate disbarment proceedings, as the public interest requires a thorough investigation of alleged misconduct. Second, it emphasizes the strict adherence to notarial rules, particularly the requirement of personal appearance. Finally, it highlights the importance of responsible conduct by attorneys in initiating disciplinary actions against their peers.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Yumul-Espina violated the Notarial Law by notarizing an affidavit without the affiant’s personal appearance, and whether Atty. Tabaquero violated the Code of Professional Responsibility by allegedly attempting to circumvent the constitutional prohibition on foreign land ownership.
Why did the Supreme Court reverse the IBP’s decision?	The Supreme Court reversed the IBP’s decision because disbarment proceedings are sui generis and imbued with public interest, and therefore, cannot be terminated solely based on the whims of the parties involved through affidavits of desistance. The Court deemed it necessary to evaluate the merits of the complaint and counter-complaint.
What evidence was presented against Atty. Yumul-Espina?	Evidence presented against Atty. Yumul-Espina included Derek Atkinson’s passport entries and a certification from the Bureau of Immigration, which indicated that he was not in the Philippines on the date the Affidavit of Waiver was notarized.
What are the penalties for violating the Notarial Law?	The penalties for violating the Notarial Law, as imposed in this case, include suspension from the practice of law, revocation of the notarial commission, and disqualification from being commissioned as a notary public for a specified period.
Did the Court find Atty. Tabaquero guilty of any wrongdoing?	No, the Court found Atty. Tabaquero not guilty of violating Canon 1 of the Code of Professional Responsibility. The Court reasoned that the criminal cases he filed did not seek to transfer land ownership to a foreigner.
Are administrative cases against lawyers related to civil or criminal cases?	No, administrative cases against lawyers are distinct from civil and criminal cases, and can proceed independently. The outcome of the administrative case does not directly impact the pending civil or criminal cases involving the parties.
What is the significance of personal appearance in notarization?	Personal appearance is a critical requirement in notarization to ensure the identity of the signatory and the authenticity of the document. It prevents fraud and ensures that the document is executed voluntarily.
What is the Court’s reminder to lawyers filing disbarment complaints?	The Court reminded lawyers to exercise caution and ensure that disbarment complaints are not motivated by retaliation, mistake, or misapprehension of facts, as such complaints can waste valuable time and resources.

This case underscores the judiciary’s commitment to upholding ethical standards within the legal profession. The suspension of Atty. Yumul-Espina serves as a cautionary tale for notaries public, emphasizing the importance of strict compliance with notarial rules and regulations. It also highlights the need for responsible conduct in filing disbarment complaints, ensuring that such actions are based on genuine misconduct rather than personal motives.

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Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: ATTY. MYLENE S. YUMUL-ESPINA vs. ATTY. BENEDICTO D. TABAQUERO, A.C. No. 11238, September 21, 2016