The Importance of Clear and Preponderant Evidence in Disciplinary Actions Against Lawyers

Eliza Armilla-Calderon v. Atty. Arnel L. Lapore, A.C. No. 10619, September 02, 2020

Imagine trusting your family’s property to a lawyer, only to find out years later that it has been sold without your consent. This is the heart-wrenching scenario that Eliza Armilla-Calderon faced, leading her to file a disbarment complaint against her family’s lawyer, Atty. Arnel L. Lapore. The central question in this case was whether Atty. Lapore should be held administratively liable for allegedly facilitating fraudulent property transactions. The Supreme Court’s decision in this case underscores the critical importance of clear and preponderant evidence in disbarment proceedings.

Eliza Armilla-Calderon, the complainant, accused Atty. Lapore of facilitating the sale of her family’s property in Sipalay City, Negros Occidental, to her niece, Charity Reinwald, without her knowledge or consent. She claimed that her signature on the Deed of Absolute Sale was forged. Atty. Lapore, on the other hand, maintained that the property was rightfully sold to Armilla-Calderon’s mother, Julieta Armilla, and subsequently to Charity, with Armilla-Calderon’s consent.

In the legal landscape of the Philippines, disbarment proceedings are governed by the principle that the burden of proof lies with the complainant. The Supreme Court has established that clear and preponderant evidence is required to justify any administrative penalty against a lawyer. This standard is higher than the civil standard of preponderance of evidence but lower than the criminal standard of proof beyond reasonable doubt.

The relevant legal principle here is found in Rule 133, Section 1 of the Rules of Court, which states, “In civil cases, the party having the burden of proof must establish his case by a preponderance of evidence. In criminal cases, the degree of proof required is proof beyond reasonable doubt.” In disbarment cases, the Court has clarified that the burden is on the complainant to prove the allegations by clear and preponderant evidence, as seen in cases like Atty. Guanzon v. Atty. Dojillo and Atty. De Jesus v. Atty. Risos-Vidal.

To illustrate, if a homeowner suspects that a deed of sale for their property is fraudulent, they must gather substantial evidence to support their claim. This could include expert analysis of signatures, witness testimonies, and other documents that directly contradict the notarized deed. Without such evidence, the presumption of regularity in notarized documents remains intact.

The case began when Eliza Armilla-Calderon discovered in 2014 that her family’s lot had been sold to her niece, Charity Reinwald. She alleged that her signature on the Deed of Absolute Sale dated August 8, 2012, was forged. Armilla-Calderon further claimed that Atty. Lapore falsified another Deed of Absolute Sale dated December 10, 2013, to make it appear that her mother sold the property to Charity.

Atty. Lapore responded by asserting that Armilla-Calderon was not the true owner of the property but merely a trustee. He claimed that she had willingly signed a Deed of Absolute Sale to return the property to her mother, Julieta, in exchange for the latter’s sacrifices and support for Armilla-Calderon’s children.

The Integrated Bar of the Philippines (IBP) conducted mandatory conferences, but Armilla-Calderon failed to attend due to returned mail. Atty. Lapore, however, appeared and submitted his position paper. The IBP-Commission on Bar Discipline (CBD) recommended revoking Atty. Lapore’s notarial commission and suspending him from practice for two months. However, the IBP-Board of Governors (BOG) reversed these recommendations and dismissed the complaint, citing a lack of substantiation for Armilla-Calderon’s claims.

The Supreme Court upheld the IBP-BOG’s decision, emphasizing that Armilla-Calderon failed to meet the burden of proof. The Court stated, “The onus probandi lies on the complainant, who is duty-bound to prove the veracity of the allegations in his or her complaint by a preponderance of evidence.”

Another crucial point was the presumption of regularity in notarized documents. The Court noted, “Notarial documents carry the presumption of regularity. The burden of proving that the signature affixed on it is false and simulated lies on the party assailing its execution.” Armilla-Calderon did not provide any expert analysis of her signature, which was a significant omission in her case.

The Supreme Court’s ruling in this case sets a precedent for future disbarment proceedings. It reinforces the need for complainants to provide clear and preponderant evidence to substantiate their claims. For property owners and individuals involved in similar disputes, this ruling underscores the importance of maintaining detailed records and seeking expert analysis when alleging forgery.

Key Lessons:

• Complainants in disbarment cases must provide clear and preponderant evidence to support their allegations.
• Notarized documents are presumed to be regular and valid, and the burden of proving forgery lies with the challenger.
• Failure to attend mandatory hearings and submit position papers can significantly weaken a complainant’s case.

This ruling may affect similar cases by emphasizing the high evidentiary threshold required to successfully pursue disbarment. Property owners and individuals should ensure they have robust evidence before filing such complaints. Businesses dealing with legal professionals should also be aware of the importance of maintaining clear and verifiable documentation.

Frequently Asked Questions

What is the burden of proof in disbarment cases in the Philippines?
The burden of proof in disbarment cases lies with the complainant, who must prove their allegations by clear and preponderant evidence.

What is clear and preponderant evidence?
Clear and preponderant evidence is evidence that is more convincing than that offered in opposition to it, but it is less stringent than proof beyond reasonable doubt.

How can I prove forgery in a legal document?
To prove forgery, you may need to provide expert analysis from handwriting experts, such as those from the National Bureau of Investigation or the Philippine National Police, along with other corroborating evidence.

What happens if I fail to attend mandatory hearings in a disbarment case?
Failing to attend mandatory hearings can weaken your case significantly, as it may be seen as a lack of diligence or interest in pursuing the complaint.

Can a notarized document be challenged?
Yes, a notarized document can be challenged, but the burden of proving its falsity or forgery lies with the challenger.

What should I do if I suspect a lawyer of misconduct?
If you suspect a lawyer of misconduct, gather all relevant evidence and file a complaint with the Integrated Bar of the Philippines. Ensure you have clear and preponderant evidence to support your allegations.

ASG Law specializes in property and disciplinary law. Contact us or email hello@asglawpartners.com to schedule a consultation.