Case Digest (A.C. No. 8698)
Facts:
Manuel B. Bernaldez v. Atty. Wilma Donna C. Anquilo‑Garcia, A.C. No. 8698, August 31, 2016, the Supreme Court Third Division, Reyes, J., writing for the Court.Complainant Manuel B. Bernaldez filed a complaint dated August 2, 2010 charging respondent Atty. Wilma Donna C. Anquilo‑Garcia with gross misconduct, deceit, violation of the Lawyer’s Oath and abuse of authority as a notary public for acts allegedly committed during the May 2010 National and Local Elections in Biri, Northern Samar.
Bernaldez alleged that during the election Atty. Anquilo‑Garcia coerced and threatened registered voters in Biri to sign blank or ready‑made affidavits falsely stating that they were illiterate or disabled and required assistors in voting, a scheme he claimed was intended to secure the electoral victory of her husband, Jaime Garcia, Jr. He further alleged that the affiants never personally appeared before Atty. Anquilo‑Garcia and that it was implausible for her to have gone to Catarman on election day to notarize the affidavits.
The Court directed respondent to file a comment (Resolution, Sept. 1, 2010). In her comment Atty. Anquilo‑Garcia denied preparing ready‑made affidavits, maintained that the affiants personally appeared before her in Biri on May 10, 2010 and voluntarily executed the affidavits, and claimed the affidavits attached to the complaint were manufactured and were also used by Bernaldez in an election protest before the Regional Trial Court (E.P. Case No. 38, RTC Catarman).
The Supreme Court referred the matter to the Integrated Bar of the Philippines (IBP) for investigation (Resolution, Dec. 6, 2010). The IBP Commission on Bar Discipline held a mandatory conference and later closed proceedings, requiring position papers. Before completion of the IBP process, Bernaldez filed an Affidavit of Withdrawal on June 28, 2013, stating he was desisting from the disbarment action.
On April 29, 2015 Commissioner Giovanne T. Lim of the IBP issued a Report and Recommendation that the case be dismissed without prejudice because the alleged irr...(Pro-only)
Issues:
- Should the disbarment proceedings be stayed or dismissed because of the pendency of the election protest (E.P. Case No. 38) and the IBP’s recommendation to dismiss without prejudice?
- Does the complainant’s affidavit of withdrawal/desistance terminate the administrative proceedings against a lawyer?
- Did the complainant prove by a preponderance of evidence that Atty. Anquilo‑Garcia coerced voters into signing the affidavits (gross misconduct)?
- Did Atty. Anquilo‑Garcia notarize the subject affidavits without the affiants’ perso...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)