Case Digest (A.C. No. 10373)
Facts:
Flora C. Mariano v. Atty. Anselmo Echanez, A.C. No. 10373 [Formerly CBD Case No. 08-2280], May 31, 2016, the Supreme Court En Banc, Peralta, J., writing for the Court.Petitioner Flora C. Mariano filed a Complaint Affidavit for Disbarment dated August 25, 2008, accusing respondent Atty. Anselmo Echanez of violating the Notarial Law by performing notarial acts without a notarial commission. Mariano attached several documents to the complaint as proof, including a complaint dated June 18, 2007; joint and individual affidavits dated May 8, 2008; and a list of attorneys issued notarial commissions for 2006–2007 signed by Executive Judge Efren Cacatian of the Regional Trial Court (RTC) of Santiago City that did not include Echanez.
The Integrated Bar of the Philippines—Commission on Bar Discipline (IBP‑CBD) ordered Atty. Echanez to answer the complaint; he sought an extension but ultimately did not file an answer and was deemed in default. At the mandatory conference on July 24, 2009 only Mariano appeared; the IBP‑CBD directed position papers, but again only Mariano submitted one. In support of her position, Mariano later submitted a Certificate of Lack of Authority for a Notarial Act issued by Executive Judge Anastacio D. Anghad showing Echanez was not commissioned as notary public for Cordon, Isabela at the time of the notarizations alleged to have occurred on May 8, 2008, and an RTC certification listing commissioned notaries for 2007–2008 which likewise omitted his name.
On May 14, 2011 the IBP Board of Governors remanded the case to the investigating commissioner to seek verification from the clerk of court of Isabela about Echanez’s purported commission. The IBP‑CBD, in its Report and Recommendation, found Echanez guilty of malpractice for notarizing without a notarial commission, noted his failure to participate in the investigation, and recommended suspension for two years and a permanent bar from receiving a nota...(Subscriber-Only)
Issues:
- Did respondent Atty. Anselmo Echanez commit notarial acts without a valid notarial commission?
- Did respondent’s failure to answer the complaint and to appear at the IBP proceedings warrant administrative discipline?
- What disciplinary penalty, if any, should be imposed for t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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