The Supreme Court addressed the administrative complaint against Atty. Bernard P. Olalia for alleged falsification of a public document, violation of lawyer’s oath, dishonesty, obstruction of justice, and gross violation of the notarial law. The case stemmed from the notarization of a deed of absolute sale involving a parcel of irrigated rice land. The Court affirmed the Integrated Bar of the Philippines’ (IBP) recommendation, finding Atty. Olalia liable for negligence in notarizing a document based on a tax declaration instead of a certificate of title, leading to his suspension from the practice of law for six months and disqualification from being commissioned as a notary public for two years. This decision reinforces the importance of due diligence and adherence to ethical standards in the performance of notarial duties by attorneys.

Deed Done Wrong: When a Notary’s Negligence Clouds Land Titles

This case revolves around an administrative complaint filed by Enrica Bucag, represented by her attorney-in-fact Lope B. Tio, against Atty. Bernard P. Olalia. The complaint alleges that Atty. Olalia committed several violations, including falsification of a public document, violation of the lawyer’s oath, dishonesty, obstruction of justice, and gross violation of the notarial law. These accusations stem from Atty. Olalia’s involvement in notarizing a deed of absolute sale for a parcel of irrigated rice land. The central issue is whether Atty. Olalia acted with the necessary competence and diligence expected of a lawyer and a notary public.

The controversy began with a deed of absolute sale prepared and notarized by Atty. Olalia in 2003, where the sellers were identified as Liboro Garcia and Virginia “Loreta” Garcia, and the buyer was Edgardo Roque Garcia. The property was described using Tax Declaration No. 05-6271. Bucag argued that the document was defective because the property was actually titled under Transfer Certificate of Title (TCT) No. T-170452, and the sellers named in the deed were incorrect. This transfer of the titled property became the subject of a separate civil case before the Regional Trial Court in Ilagan, Isabela.

In his defense, Atty. Olalia traced the origin of the administrative complaint to a prior case filed by Bucag against Loreta Mesa and others, concerning the recovery of possession and ownership of the land covered by TCT No. T-52993. He explained that TCT No. T-170452 was later issued in the name of Loreta Mesa and her husband, who then sold the property to Edgardo Garcia. Atty. Olalia admitted to preparing and notarizing the deed of sale from the Garcias to Edgardo Garcia. He argued that any transactions prior to his admission to the Philippine Bar in 1992 were irrelevant to his culpability.

The Integrated Bar of the Philippines (IBP) investigated the matter. The IBP found that Atty. Olalia indeed prepared and notarized the 2003 deed of sale from Loreta and Liboro Garcia to Eduardo Roque Garcia, using a tax declaration to describe the property, even though the property was already covered by a certificate of title. The IBP emphasized that as both a lawyer and a notary public, Atty. Olalia was expected to use only true, honest, dignified, and objective information. He was also expected to serve his client with competence and diligence, and with zeal within the bounds of the law, as mandated by the Code of Professional Responsibility. The IBP noted that Atty. Olalia failed to provide any explanation for using a tax declaration instead of the certificate of title in the deed of sale.

The IBP relied on several Canons from the Code of Professional Responsibility to support their findings. Canon 3 states that a lawyer shall use only true, honest, dignified, and objective information. Canon 18 requires a lawyer to serve his client with competence and diligence. Canon 19 mandates that a lawyer should represent his client with zeal within the bounds of the law. The IBP concluded that Atty. Olalia’s competence and diligence were lacking, as he failed to exercise ordinary care in ensuring that the documents he prepared were accurate and aligned with the existing records.

The Supreme Court, in its decision, affirmed the IBP’s findings and recommendation. The Court emphasized the importance of the role of a notary public. A notary public is vested with substantial powers, and his actions have significant legal implications. The Court has consistently held that notaries public must observe the utmost care in the performance of their duties. As the Court stated:

A notary public should not notarize a document unless the individuals who signed it are personally present before him. Also, a notary public should not notarize a document if he knows or has good reason to believe that any information in it is false or misleading.

The Supreme Court agreed with the IBP that Atty. Olalia’s failure to use the certificate of title in preparing the deed of sale, despite its existence, demonstrated a lack of competence and diligence. The Court underscored that tax declarations are merely possible indices of ownership but not proof of ownership, especially when a certificate of title exists. The Court thus upheld the IBP’s recommendation to suspend Atty. Olalia from the practice of law for six months, disqualify him from being commissioned as a notary public for two years, and revoke his notarial commission if currently commissioned.

FAQs

What was the central issue in this case?	The key issue was whether Atty. Olalia violated the Code of Professional Responsibility and the Notarial Law by notarizing a deed of sale using a tax declaration instead of the certificate of title.
What is the role of a notary public?	A notary public is a public officer authorized to administer oaths, attest to the authenticity of signatures, and perform other official acts. They play a crucial role in ensuring the integrity and legality of documents.
What is the significance of a certificate of title?	A certificate of title serves as the conclusive evidence of ownership of a piece of land. It is the most reliable document to ascertain the legal owner of a property.
What is the Code of Professional Responsibility?	The Code of Professional Responsibility is a set of ethical rules that governs the conduct of lawyers in the Philippines. It ensures that lawyers act with integrity, competence, and diligence.
What Canon of the Code of Professional Responsibility did Atty. Olalia violate?	Atty. Olalia violated Canon 3 (using only true, honest information), Canon 18 (serving with competence and diligence), and Canon 19 (representing with zeal within the bounds of the law).
What sanctions were imposed on Atty. Olalia?	Atty. Olalia was suspended from the practice of law for six months, disqualified from being commissioned as a notary public for two years, and his notarial commission was revoked.
Why are tax declarations considered secondary to certificates of title?	Tax declarations are merely possible indices of ownership but are not conclusive proof. A certificate of title provides a definitive statement of ownership, having undergone a more rigorous process of validation.
What should lawyers do when notarizing documents related to property?	Lawyers must exercise due diligence by verifying the authenticity of documents and ensuring that they accurately reflect the legal status of the property. They must prioritize the use of certificates of title over tax declarations when available.
What is the effect of the Supreme Court’s decision?	The Supreme Court’s decision reinforces the importance of competence and diligence in the legal profession, especially for notaries public. It serves as a reminder to lawyers to uphold their ethical obligations and to ensure accuracy in their work.

This case underscores the critical role of lawyers as notaries public in safeguarding the integrity of legal documents. The Supreme Court’s decision serves as a stern reminder that negligence and failure to uphold ethical standards will be met with appropriate sanctions. Attorneys must exercise the highest degree of care and diligence in performing their notarial duties to protect the public trust and ensure the accuracy of legal records.

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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: ENRICA BUCAG VS. ATTY. BERNARD P. OLALIA, A.C. No. 9218, March 27, 2019