AC 8840; (March, 2016) (Digest)
G.R. No. A.C. No. 8840 (Formerly CBD Case No. 11-3121). March 08, 2016.
Spouses Eduardo G. Gacuya and Caridad Rosario Gacuya, Complainants, vs. Atty. Reyman A. Solbita, Respondent.
FACTS
Complainants Spouses Gacuya engaged respondent Atty. Reyman A. Solbita to draft and notarize a Deed of Sale for their land on February 21, 2006. The deed reflected a sale price of P100,000.00 instead of the actual P1,200,000.00 to reduce capital gains tax. Atty. Solbita informed the parties that his notarial commission had expired and suggested antedating the document to December 31, 2005. However, the buyers insisted on notarization on the actual date of execution to avoid BIR penalties. Atty. Solbita proceeded to notarize the deed on February 21, 2006, despite his expired commission. After the sale was completed and the title transferred, Eduardo Gacuya attempted to return the money to the buyers to sell to another party, but they refused. The Spouses Gacuya subsequently lost a civil case against the buyers. They then filed this disbarment complaint against Atty. Solbita for making untruthful statements in the deed and for notarizing it without a valid commission.
ISSUE
Whether Atty. Reyman A. Solbita should be held administratively liable for notarizing a document without a valid notarial commission.
RULING
Yes, Atty. Solbita is administratively liable. The Court found his guilt for violating the notarial law undisputed, as he admitted to the unauthorized notarization. Notarization is a public function imbued with substantive public interest. Performing a notarial act without a commission violates the lawyer’s oath and the Notarial Law. It constitutes deliberate falsehood and breaches Rule 1.01, Canon 1 (prohibiting unlawful, dishonest, or deceitful conduct) and Canon 7 (requiring a lawyer to uphold the integrity and dignity of the legal profession) of the Code of Professional Responsibility. His defense of having disclosed his expired commission to the parties does not exonerate him. The Court modified the penalty recommended by the IBP Board of Governors. Atty. Solbita’s notarial commission, if existing, is REVOKED. He is PERMANENTLY BARRED from being commissioned as a notary public and SUSPENDED from the practice of law for two (2) years, with a warning against repetition.