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    59 - Donton V Tansingco

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    Ronnie Garcia Del Rosario
    Respondent, a lawyer and notary public, notarized an occupancy agreement for a property owned by a foreign national, which violated the Philippine constitution's prohibition on foreign ownership of land. The complainant filed charges against respondent. The court found respondent liable for serious misconduct for aiding in the circumvention of Philippine law. Respondent prepared documents to make it appear the foreign national was the actual owner despite transferring title to the complainant. The court suspended respondent from practicing law for six months for violating his oath and the Code of Professional Responsibility.

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    59 - Donton V Tansingco

    Uploaded by

    Ronnie Garcia Del Rosario
    33 views1 page
    Respondent, a lawyer and notary public, notarized an occupancy agreement for a property owned by a foreign national, which violated the Philippine constitution's prohibition on foreign ownership of land. The complainant filed charges against respondent. The court found respondent liable for serious misconduct for aiding in the circumvention of Philippine law. Respondent prepared documents to make it appear the foreign national was the actual owner despite transferring title to the complainant. The court suspended respondent from practicing law for six months for violating his oath and the Code of Professional Responsibility.

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    59_Donton v Tansingco

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    Respondent, a lawyer and notary public, notarized an occupancy agreement for a property owned by a foreign national, which violated the Philippine constitution's prohibition on foreign ownership of land. The complainant filed charges against respondent. The court found respondent liable for serious misconduct for aiding in the circumvention of Philippine law. Respondent prepared documents to make it appear the foreign national was the actual owner despite transferring title to the complainant. The court suspended respondent from practicing law for six months for violating his oath and the Code of Professional Responsibility.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    33 views1 page

    59 - Donton V Tansingco

    Uploaded by

    Ronnie Garcia Del Rosario
    Respondent, a lawyer and notary public, notarized an occupancy agreement for a property owned by a foreign national, which violated the Philippine constitution's prohibition on foreign ownership of land. The complainant filed charges against respondent. The court found respondent liable for serious misconduct for aiding in the circumvention of Philippine law. Respondent prepared documents to make it appear the foreign national was the actual owner despite transferring title to the complainant. The court suspended respondent from practicing law for six months for violating his oath and the Code of Professional Responsibility.

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    59_Donton v Tansingco

    A.C. No. 6057, June 27, 2006

    FACTS:

    Complainant Donton filed a criminal complaint for estafa thru falsification of public
    document against Stier, a foreign national, Maggay, and respondent as the notary
    public who notarized an Occupancy Agreement. Subsequenty in his disbarment
    complaint, Donton averred that respondent's act of preparing the Occupancy
    Agreement, despite knowledge that Stier, being a foreign national, is disqualified to
    own real property in his name, constitutes serious misconduct and is a deliberate
    violation of the Code of Professional Responsibility. In 2004, the IBP Commissioner
    found respondent liable for taking part in a "scheme to circumvent the constitutional
    prohibition against foreign ownership of land in the Philippines." Commissioner San
    Juan recommended respondent’s suspension from the practice of law for two years
    and the cancellation of his commission as Notary Public. Later on, the IBP Board of
    Governors adopted, with modification, the Report and recommended respondent’s
    suspension from the practice of law for six months.

    ISSUE:

    Whether respondent Atty. Tansingco is guilty of serious misconduct?

    RULING:

    Yes, Atty Tansingco is liable for violation of Canon 1 and Rule 1.02 of the Code. A
    lawyer should not render any service or give advice to any client which will involve
    defiance of the laws which he is bound to uphold and obey. A lawyer who assists a
    client in a dishonest scheme or who connives in violating the law commits an act
    which justifies disciplinary action against the lawyer. By his own admission,
    respondent is aware that Stier, a U.S. citizen, was disqualified from owning real
    property yet he still caused the transfer of ownership to the parcel of land to Stier.
    Aware of the prohibition, however, he quickly rectified his act and transferred the title
    in complainant’s name but as a "safeguard," he prepared several documents,
    including the Occupancy Agreement that would guarantee Stier’s recognition as the
    actual owner of the property despite its transfer in complainant’s name. In effect,
    respondent advised and aided Stier in circumventing the constitutional prohibition
    against foreign ownership of lands by preparing said documents. Respondent had
    sworn to uphold the Constitution. Thus, he violated his oath and the Code when he
    prepared and notarized the Occupancy Agreement to evade the law against foreign
    ownership of lands. Accordingly, respondent is suspended from the practice of law
    for six months.

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