Attorney Suspended for Six Months for Signing Deed With False Statements

The Supreme Court has reminded lawyers that their duty to uphold the law cannot be set aside even when they act on a client's instructions or believe their intentions are good. In Jimeno v. Jimeno (A.C. No. 12012, July 2, 2018), the Court suspended a lawyer for six months for signing a deed of absolute sale that contained false statements, including the signature of a person who had already died.

The Facts of the Case

Complainant Geronimo J. Jimeno, Jr. filed an administrative complaint against his cousin, Atty. Flordeliza M. Jimeno, before the Integrated Bar of the Philippines (IBP). The complaint alleged that the respondent sold a property owned by his parents through a Deed of Absolute Sale dated September 8, 2005, which she signed as attorney-in-fact of his father.

The complainant claimed the deed was falsified because:

• It bore the signature of his mother, who had passed away more than a year before the deed was executed
• His father was described as married to his deceased mother
• His father was made to appear as the absolute owner of the property when it was actually co-owned by him and his ten children
• His father's address was incorrectly stated

The respondent argued that she did not prepare the deed and that the documents were transmitted to her from Canada. She claimed she signed the deed in good faith, relying on the assurance of the Jimeno children that they consented to the sale.

The Issue Before the Court

The central question was whether the respondent should be held administratively liable for her participation in the execution of a deed containing false statements.

The Court's Ruling

The Supreme Court found the respondent guilty of violating the Lawyer's Oath, Rule 1.01 of Canon 1, Rule 15.07 of Canon 15, and Rule 19.01 of Canon 19 of the Code of Professional Responsibility (CPR).

The Court emphasized that the Lawyer's Oath enjoins every lawyer to refrain from doing any falsehood in or out of court. The relevant rules provide:

• Rule 1.01, Canon 1 – A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct
• Rule 15.07, Canon 15 – A lawyer shall impress upon his client compliance with the laws and the principles of fairness
• Rule 19.01, Canon 19 – A lawyer shall employ only fair and honest means to attain the lawful objectives of his client

The Court noted that while the respondent may not have prepared the documents, she voluntarily signed the deed despite patent irregularities. She was aware of the death of the complainant's mother, which should have prompted her to advise the family to settle the estate first. Instead, she allowed herself to become a party to a document containing falsehoods.

Good Faith Is Not a Defense

The Court rejected the respondent's claim of good faith and reliance on assurances from family members. Lawyers cannot invoke good faith to excuse their failure to be truthful and honest in their professional actions. Their duty in this regard is clear and unambiguous.

The Court stressed that a lawyer's fidelity to a client must not be pursued at the expense of truth and justice. Allowing lawyers to obey their clients' wishes even when those wishes involve falsehoods would effectively sanction wrongdoing and undermine the role of lawyers as officers of the court.

The Penalty

Citing prior cases where lawyers were suspended for permitting untruthful statements in public documents, the Court imposed the penalty of six months suspension from the practice of law, with a stern warning that any repetition would be punished more severely.

Practical Takeaways

• Never sign documents with known falsehoods. A lawyer who signs a deed or other public document containing false statements risks administrative liability, even if the lawyer did not prepare the document.
• Good faith is not a defense. A lawyer's honest belief that the transaction was for a good purpose does not excuse participation in a document with patent irregularities.
• Advise clients to follow the law. When a client's situation requires legal steps like estate settlement, the lawyer must advise compliance rather than proceed with an irregular transaction.
• Lawyer's Oath applies outside court. The duty to do no falsehood extends to all professional dealings, not just those before courts.
• Fidelity to clients has limits. Zeal in representing a client must always be exercised within the bounds of law, fairness, and truth.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.