G.R. No. A.C. No. 10373 (Formerly CBD Case No. 08-2280). May 31, 2016.
Flora C. Mariano, Petitioner, vs. Atty. Anselmo Echanez, Respondent.

FACTS

Flora C. Mariano filed a Complaint Affidavit for Disbarment dated August 25, 2008, against Atty. Anselmo Echanez for violating the Notarial Law by performing notarial acts without a notarial commission. Mariano attached several documents notarized by Atty. Echanez, including a Complaint dated June 18, 2007, a Joint Affidavit of Gina Pimentel and Marilyn Cayaban dated May 8, 2008, an Affidavit of Ginalyn Ancheta dated May 8, 2008, and a Joint-Affidavit dated May 8, 2008. She also submitted a list from Executive Judge Efren Cacatian of the Regional Trial Court (RTC) of Santiago City showing that Atty. Echanez was not issued a notarial commission for 2006-2007. The Integrated Bar of the Philippines-Commission on Bar Discipline (IBP-CBD) ordered Atty. Echanez to answer the complaint. Atty. Echanez moved for an extension but failed to file his Answer, leading the IBP-CBD to declare him in default. During the mandatory conference on July 24, 2009, only Mariano appeared. The IBP-CBD directed the submission of position papers, but only Mariano complied, submitting a verified position paper with additional certifications: a Certificate of Lack of Authority for a Notarial Act from Executive Judge Anastacio D. Anghad, confirming Atty. Echanez had no commission for the RTC of Santiago City (including Cordon, Ramon, and San Isidro) at the time of the notarizations on May 8, 2008, and a Certification from Executive Judge Efren M. Cacatian listing commissioned notaries public for 2007-2008, which excluded Atty. Echanez’s name. The IBP Board of Governors remanded the case for verification of Atty. Echanez’s commission, but the IBP-CBD found him liable for malpractice, noting his failure to participate in the proceedings. It recommended a two-year suspension from law practice and a permanent bar from being commissioned as a notary public. The IBP Board of Governors adopted this recommendation in Resolution No. XX-2013-850 dated June 22, 2013. No motion for reconsideration was filed.

ISSUE

Whether Atty. Anselmo Echanez should be held administratively liable for performing notarial acts without a valid notarial commission and for failing to comply with the IBP-CBD’s directives during the investigation.

RULING

Yes, Atty. Anselmo Echanez is administratively liable. The Supreme Court concurred with the IBP-CBD’s findings and recommended penalty. Notarization is a substantive public interest, converting private documents into public documents admissible as evidence without further proof of authenticity. Atty. Echanez performed notarial acts on several documents without a valid notarial commission, as established by certifications from Executive Judges. By misrepresenting himself as a notary public in Cordon, Isabela, he committed falsehood, violating the lawyer’s oath and Rule 1.01, Canon 1 of the Code of Professional Responsibility, which prohibits unlawful, dishonest, immoral, or deceitful conduct. Precedents such as Nunga v. Viray, Zoreta v. Simpliciano, and Laquindanum v. Quintana support disciplinary action for unauthorized notarization. Additionally, Atty. Echanez’s conduct during the IBP proceedings—failing to file an Answer, attend the mandatory conference, or submit a position paper without valid explanation—violated his duty as a lawyer and demonstrated disrespect for lawful orders, akin to the misconduct in Ngayan v. Tugade. As an officer of the Court, he was obligated to comply with IBP directives. Accordingly, Atty. Anselmo S. Echanez is SUSPENDED from the practice of law for two (2) years and BARRED PERMANENTLY from being commissioned as a Notary Public, effective upon receipt of the decision, with a stern warning against repetition. Copies of the decision were ordered furnished to all courts, the IBP, the Office of the Bar Confidant, and recorded in his personal files.