Tenoso vs Echanez

Efigenia Tenoso, complainant Atty Anselmo Echanez, respondent

Facts: Complainant Efigenia Tenoso filed a complaint against Atty Anselmo Echanez, respondent alleging that the latter was engaged in notarial practice without having been properly commissioned by RTC Santiago City, the court having jurisdiction over Cordon, Isabela. The complainant support her allegations by presenting documents issued by Executive Judge Efren Cacatian bearing the names of commissioned notaries public for the years 2006 to 2008 which respondent’s name does not appear; documents notarized by the respondent in year 2006, 2007 and 2008, and a copy of a certification issued by Judge Cacatian stating respondent’s notarization could not be authenticated. Respondent denied the allegations and added he never committed any malpractice, nor deceit nor have violated the lawyer’s oath and that such allegations is politically motivated and meant to harass or intimidate him and guessed that the affidavit-complaint were tampered and adulterated or that somebody might forged his signature. Issue: Whether or not Atty Echanez’s contention is tenable. Rulings: No. The court empahasizes that the practice of law is imbued with public interest and that “ a lawyer owes substantial duties not only to his client, but also to this brethren in the profession, to the courts, and to the nation, and takes part in one of the most important functions of the State-the administration of justice-as an officer of the court. Accordingly, lawyers are bound to maintain not only a high standard of legal proficiency, but also of morality, honesty, integrity and fair dealing. In misrepresenting himself as a notary public, respondent exposed party-ligitants, courts, other lawyers and the general public to the perils of ordinary documents posing as public instruments. Respondent committed act of deceit and falsehood in open violation of the explicit pronouncement of the Code of Professional Responsibility. Evidently, respondent’s conduct falls miserably short of the high standards of morality, honesty, integrity and fair dealing required from lawyers. It is proper that he be sanctioned.