Dear Atty. Gab,

Musta Atty! I hope you can shed some light on a very distressing situation I’m facing. My name is Ricardo Cruz, and about a year ago, I needed help processing the transfer of a small inheritance, a parcel of land in Batangas, from my late father. I hired Atty. Lorna Santos, who my family knew casually, to handle the paperwork. Because I work overseas, I entrusted my original Owner’s Duplicate Copy of the Transfer Certificate of Title (TCT No. T-12345) to her, along with a Special Power of Attorney (SPA) limited only to processing the necessary documents with the BIR and Registry of Deeds for the title transfer to my name.

I paid her fees (around PHP 50,000) and gave her extra funds for taxes and processing. She kept assuring me things were moving along. Recently, however, I asked a relative to check on the property, and they discovered someone else, a Mr. Enrique David, has started building on it! My relative investigated and found out that a Deed of Absolute Sale, supposedly signed by me selling the property to Mr. David for PHP 500,000, was registered. The shocking part is that this Deed of Sale was apparently notarized by Atty. Santos herself!

I never signed any such deed, nor did I authorize her to sell the property. I never received any payment. When I tried to get a copy of the Deed of Sale from the Registry of Deeds, they couldn’t provide it, saying the copy submitted was unclear. I also inquired with the Clerk of Court in Batangas City, and they certified that Atty. Santos did not submit her notarial report for the month the alleged sale was notarized. It feels like the crucial document proving the sale (or forgery) is conveniently missing. What are Atty. Santos’ responsibilities here? Can she notarize a document related to a property whose title I entrusted to her? And what does her failure to submit her notarial reports mean? I feel betrayed and utterly confused about my rights. Any guidance would be deeply appreciated.

Respectfully yours,
Ricardo Cruz

Dear Ricardo,

Musta Atty! Thank you for reaching out. I understand how distressing and confusing this situation must be, especially discovering potential unauthorized activities concerning your property while you are overseas. It’s deeply concerning when trust placed in a legal professional appears to have been violated.

Your situation touches upon the fundamental duties of honesty, integrity, and diligence required of lawyers, particularly when they are also acting as Notaries Public. The failure of a notary public to properly record and report notarized documents, especially under suspicious circumstances involving a client’s property entrusted to them, raises serious questions about professional misconduct and potential legal ramifications.

The Sacred Duty: Understanding a Notary Public’s Obligations

The role of a Notary Public is not merely ministerial; it is imbued with public interest. When a lawyer acts as a notary, they are expected to perform their duties with utmost fidelity and diligence. The law demands this because the public relies on the integrity of notarized documents. The core issue here involves not just the alleged unauthorized sale but also the apparent failure of your lawyer, acting as a notary, to comply with the strict requirements of the Notarial Law.

Lawyers are bound by the Code of Professional Responsibility to uphold the highest ethical standards. This includes:

CANON 1 – A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes.
Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Engaging in actions that facilitate the fraudulent transfer of property, or failing to adhere to legal requirements in a way that obscures such actions, constitutes deceitful conduct and is a grave violation of a lawyer’s oath and duties. When a lawyer is entrusted with a client’s property title for a specific purpose, using it for an unauthorized transaction, or notarizing a document related to such a transaction without the client’s genuine consent, represents a severe breach of trust and professional ethics.

Furthermore, the Notarial Law imposes specific obligations on every notary public. These are not mere formalities; they are essential safeguards:

Sec. 245. Notarial register. – Every notary public shall keep a register to be known as the notarial register, wherein record shall be made of all his official acts as notary…
Sec. 246. Matters to be entered therein. – The notary public shall enter in such register, in chronological order, the nature of each instrument executed, sworn to, or acknowledged before him… when the instrument is a contract, he shall keep a correct copy thereof as part of his records… A certified copy of each month’s entries as described in this section and a certified copy of any instrument acknowledged before them shall within the first ten days of the month next following be forwarded by the notaries public to the clerk of the court…

This means Atty. Santos had a legal obligation to record the Deed of Sale in her notarial register, keep a copy, and submit a certified copy of both the register entry and the Deed itself to the Clerk of Court within the specified timeframe. Her failure to do so, as indicated by the Clerk of Court’s certification, is a significant dereliction of duty.

The law explicitly states the consequences for such failures:

Notarial Law, Section 249. Grounds for revocation of commission. – The following derelictions of duty on the part of a notary public shall… be sufficient ground for the revocation of his commission: … (b) The failure of the notary to make the proper entry or entries in his notarial register… (c) The failure of the notary to send the copy of the entries to the proper clerk of Court… (e) The failure of the notary to forward his notarial register, when filled, to the proper clerk of court.

Beyond the revocation of her notarial commission, such actions can constitute grounds for disciplinary proceedings against her as a lawyer under the Rules of Court. The failure to submit required notarial documents, especially when it involves a document whose authenticity is questioned and concerns property entrusted to the lawyer, can be viewed as an attempt to suppress evidence or conceal misconduct. This constitutes deceitful conduct under Section 27, Rule 138 of the Rules of Court, which could lead to suspension or even disbarment. It’s important to note that administrative liability can proceed independently of any criminal case, and the standard of proof required is substantial evidence – meaning such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

Practical Advice for Your Situation

• Secure Legal Representation: Immediately hire a different, reputable lawyer in the Philippines to represent your interests. Provide them with all documentation and correspondence you have regarding Atty. Santos and the property.
• File Administrative Complaint: Your new lawyer can help you file a verified administrative complaint against Atty. Santos with the Integrated Bar of the Philippines (IBP) detailing the breach of trust, unauthorized notarization, and failure to comply with notarial duties.
• Obtain Official Certifications: Ensure you have official, certified copies of the Clerk of Court’s statement regarding the non-submission of notarial reports and any certification from the Registry of Deeds about the status of the submitted Deed of Sale.
• Consider Criminal Action: Discuss with your lawyer the possibility of filing criminal charges against Atty. Santos and potentially Mr. David, such as Estafa through Falsification of Public Documents, if evidence suggests forgery and conspiracy.
• Action to Recover Property: File the appropriate civil action (e.g., Action for Annulment of Title/Deed of Sale and Recovery of Possession) to nullify the fraudulent sale and recover your property. The lack of proper notarial records can support your claim that the transaction was irregular.
• Affidavit of Adverse Claim: Have your lawyer immediately file an Affidavit of Adverse Claim with the Registry of Deeds and annotate it on the title currently under Mr. David’s name (if a new title was issued) to warn third parties of your claim.
• Preserve All Evidence: Keep meticulous records of all communications, payments, and documents related to your engagement with Atty. Santos and your discovery of the unauthorized sale.

The actions you described, if proven, represent serious violations of the duties Atty. Santos owes to you as a client, to the public as a notary, and to the legal profession as a lawyer. Pursuing administrative, civil, and potentially criminal remedies is crucial to protect your rights and hold her accountable.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.