In re Odeja Martínez
185 P.R. 1068
Supreme Court of Puerto Rico2012Background
- Notary Miguel A. Ojeda Martínez was admitted to practice in 1985 and notarized on 1 July 1985.
- The complaint was filed 11 August 2005 by Luis Raúl Delgado Mercado and referred to ODIN for investigation.
- ODIN concluded Escritura Núm. 24 (22 May 1989) was a simulated donation intended to enable a later sale/loan arrangement benefiting the sister and her husband.
- Escritura Núm. 71 (22 September 1990) reversed the transfer and had the parents as donatarios, a line of actions related to the prior deed.
- The Office of the Special Commissioner and the ODIN report led to charges alleging Canon 35 (fidelity/truth in notarial acts) and Canon 38 (avoidance of impropriety) of the Puerto Rico Ethics Code.
- The disciplinary body suspended Ojeda Martínez for three months and ordered remedial steps including notification to clients and seizing the notary’s seal for investigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the notary violated Canon 35 by certifying a false donation deed. | Delgado contends the notarization reflected a false transaction. | Ojeda Martínez admitted the true intent differed but argues standard professional duties. | Yes; Canon 35 violation established for certifying false facts. |
| Whether the notary violated Canon 38 by sending a threatening damages letter during the disciplinary process. | Delgado argues the letter was improper coercion and an abuse of process. | Ojeda Martínez argues communications were within rights during dispute resolution. | Yes; Canon 38 violation due to improper, coercive threatening letter. |
| Appropriate sanction for Canon 35 and 38 violations. | Discipline should reflect severity and lack of prior discipline. | Discipline should consider cooperation and admissions. | Suspension of three months, with client notification and administrative steps. |
Key Cases Cited
- In re Pons Fontana, 182 D.P.R. 300 (2011) (cantons emphasize sincerity and honesty of attorney)
- In re Nieves Nieves, 181 D.P.R. 25 (2011) (truth-telling is essential for the legal profession)
- In re Montañez Miranda, 157 D.P.R. 275 (2002) (truth as inseparable attribute of the profession)
- In re Avilés, Tosado, 157 D.P.R. 867 (2002) (notarial acts must reflect truth; fe pública notarial central)
- In re Collazo Sánchez, 159 D.P.R. 769 (2003) (fe pública notarial; notaries must uphold veracity)
- In re Silvagnoli Collazo, 154 D.P.R. 533 (2001) (appearance of impropriety sanctioned to protect profession)