In Joy A. Gimeno v. Atty. Paul Centillas Zaide, the Supreme Court affirmed the Integrated Bar of the Philippines’ (IBP) decision to suspend Atty. Zaide for one year, revoke his notarial commission, and disqualify him from being commissioned as a notary public for two years. The Court found Atty. Zaide guilty of violating the 2004 Rules on Notarial Practice by maintaining multiple active notarial registers and for using intemperate, offensive, and abusive language. This ruling reinforces the high ethical standards expected of lawyers, both in their notarial duties and in their interactions with others, emphasizing the importance of upholding the dignity of the legal profession.

Double Standards: When a Lawyer’s Words and Notarial Acts Fall Short

The case arose from a complaint filed by Joy A. Gimeno against Atty. Paul Centillas Zaide, alleging several infractions including usurpation of a notary public’s office, falsification of notarial entries, use of offensive language, and violation of lawyer-client trust. Gimeno claimed that Atty. Zaide notarized a document before his admission to the bar and made false entries in his notarial registers. She also argued that he represented conflicting interests by appearing against her in a case filed by another party, despite having previously served as her lawyer. Lastly, Gimeno asserted that Atty. Zaide used intemperate language in his pleadings, referring to her as a “notorious extortionist” and making disparaging remarks about opposing counsel.

Atty. Zaide denied the allegations of pre-admission notarization, claiming his signature was falsified. He justified the irregular notarial entries by stating he maintained multiple registers to serve clients better. He also contended that Gimeno was not his direct client, but rather a client of the law firm where he was an associate. The IBP investigated the complaint and found Atty. Zaide administratively liable for violating the Notarial Practice Rules and for using abusive language. The IBP Board of Governors ultimately agreed with the findings and recommended a one-year suspension, revocation of his notarial commission, and a two-year disqualification from being commissioned as a notary public.

The Supreme Court’s decision hinged on two primary violations: the breach of the Notarial Practice Rules and the use of intemperate language. Regarding the alleged usurpation of a notarial office, the Court sided with Atty. Zaide, finding insufficient evidence to prove he notarized the document before his admission to the Bar. The Court noted that the notarial details, such as roll number and commission expiration date, could not have existed before his admission.

However, the Court found compelling evidence that Atty. Zaide violated the Notarial Practice Rules by maintaining multiple active notarial registers. The rules explicitly state that a notary public must “keep only one active notarial register at any given time.” The purpose of this rule, as the Court emphasized, is to prevent irregularities such as antedating notarizations. Atty. Zaide’s defense that he needed multiple registers to accommodate his clients was rejected, with the Court stating that a notary public’s office is a public duty, not merely an income-generating venture.

Section l(a), Rule VI of the Notarial Practice Rules provides that “a notary public shall keep, maintain, protect and provide for lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages.” The same section further provides that “a notary public shall keep only one active notarial register at any given time.”

The Court also addressed the issue of representing conflicting interests. The Code of Professional Responsibility prohibits a lawyer from representing conflicting interests, except with the written consent of all parties involved after full disclosure. The tests for determining conflicting interests include whether the new representation would compromise the lawyer’s duty of fidelity to the former client or involve using confidential information against them.

Rule 15.03 – A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.

In this case, the Court found no conflict of interest because the previous representation involved an annulment of title case, while the subsequent case involved an Ombudsman complaint for estafa and corruption. The Court noted that the cases were unrelated, and there was no evidence that Atty. Zaide used confidential information from the prior representation against Gimeno.

Finally, the Court addressed the use of intemperate language. The Code of Professional Responsibility mandates that lawyers conduct themselves with courtesy, fairness, and candor and abstain from offensive language. Atty. Zaide was found to have violated this rule by calling Gimeno a “notorious extortionist” in a pleading. Additionally, he used demeaning language against opposing counsel, questioning their mental competence.

Rule 8.01 – A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper.

The Court stressed that while lawyers are entitled to present their case vigorously, such enthusiasm does not justify the use of offensive language. Dignified language, even in pleadings, is essential to maintaining the integrity of the legal profession. The Court emphasized that a lawyer’s language must be dignified to uphold the legal profession’s integrity.

The Court cited several cases where it had previously sanctioned lawyers for using intemperate language, underscoring the importance of maintaining respectful and professional conduct. The consistent application of these ethical standards ensures that lawyers conduct themselves with the decorum and respect befitting officers of the court. This case serves as a reminder that the legal profession demands not only competence but also adherence to ethical standards in all professional dealings.

FAQs

What was the key issue in this case?	The key issues were whether Atty. Zaide violated the Notarial Practice Rules by maintaining multiple notarial registers and whether he used intemperate language in his professional dealings.
What is the “one active notarial register” rule?	This rule requires a notary public to keep only one active notarial register at any given time, ensuring chronological entries and preventing irregularities such as antedating notarizations.
Why is maintaining multiple notarial registers a violation?	Maintaining multiple registers can lead to non-chronological entries, making it easier to falsify or manipulate records, and it undermines the personal responsibility of the notary public.
What constitutes a conflict of interest for a lawyer?	A conflict of interest arises when a lawyer’s representation of one client is directly adverse to the interests of another client, or when there is a substantial risk that the lawyer’s representation will be materially limited.
What is considered intemperate language for a lawyer?	Intemperate language includes abusive, offensive, or otherwise improper language used in professional dealings, which violates the ethical standards of courtesy and respect.
What is the penalty for violating the Notarial Practice Rules and using intemperate language?	The penalties can include suspension from the practice of law, revocation of notarial commission, and disqualification from being commissioned as a notary public.
Did the Court find Atty. Zaide guilty of representing conflicting interests?	No, the Court found that the prior case and the subsequent case were unrelated, and there was no evidence that Atty. Zaide used confidential information against his former client.
What is the significance of this ruling?	The ruling reinforces the importance of ethical conduct for lawyers, particularly in their notarial duties and interactions with others, ensuring they uphold the dignity and integrity of the legal profession.

This case underscores the importance of ethical conduct for lawyers, reinforcing that their responsibilities extend beyond legal expertise to include adherence to notarial rules and the use of respectful language. The penalties imposed on Atty. Zaide serve as a stern reminder of the consequences of failing to meet these standards.

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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: JOY A. GIMENO, VS. ATTY. PAUL CENTILLAS ZAIDE, A.C. No. 10303, April 22, 2015