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EFIGENIA M. TENOSO v. ATTY. ANSELMO S. ECHANEZ

FACTS:

Efigenia M. Tenoso filed a complaint against Atty. Anselmo S. Echanez alleging that he was engaging in the practice of notary public in Cordon, Isabela without being properly commissioned by the Regional Trial Court (RTC) of Santiago City, Isabela, which has jurisdiction over the Municipality of Cordon. The complainant attached documents showing that the respondent's name did not appear on the list of commissioned notaries public for the years 2006 to 2007 and 2007 to 2008. Copies of notarized documents by the respondent during those years were also presented. In his answer, the respondent denied the allegations and dismissed them as politically motivated. He also failed to attend the mandatory conference and did not file a position paper. The Investigating Commissioner recommended that the respondent be suspended from the practice of law for six months and disqualified from being a notary public for two years. The IBP Board of Governors affirmed the findings but increased the suspension to one year. The matter was then transmitted to the Supreme Court for action. The Court found that the complainant presented evidence to support her allegations, while the respondent failed to present evidence to rebut them. It also emphasized the duty of lawyers to maintain high standards of morality, honesty, integrity, and fair dealing. The Court found the respondent guilty of engaging in notarial practice without a commission and suspended him from the practice of law for two years, with a warning of a more severe sanction for any repetition in the future.

ISSUES:

  1. Whether or not Atty. Anselmo S. Echanez engaged in notarial practice without a notarial commission.

  2. Whether or not Atty. Anselmo S. Echanez violated the Code of Professional Responsibility.

RULING:

  1. Atty. Anselmo S. Echanez is found guilty of engaging in notarial practice without a notarial commission. He is suspended from the practice of law for two (2) years and disqualified from being commissioned as a notary public for two (2) years.

  2. Atty. Anselmo S. Echanez's conduct of misrepresenting himself as a notary public violated the Code of Professional Responsibility. The act of notarizing documents without the requisite notarial commission constitutes acts of deceit and falsehood.

PRINCIPLES:

  • The practice of law is imbued with public interest and lawyers are bound to maintain a high standard of legal proficiency, morality, honesty, integrity, and fair dealing.

  • Notarization is not a routinary, meaningless act as it converts private documents to public instruments, making them admissible in evidence without the need for preliminary proof of authenticity and due execution.

  • Misrepresenting oneself as a notary public exposes party-litigants, courts, other lawyers, and the general public to the dangers of ordinary documents posing as public instruments.

  • The burden of proof is vested upon the party who alleges the truth of their claim or defense, and the failure to present evidence in support of a defense sustains the determination that a violation has been committed.