A.C. No. 8698 - Bernaldez vs. Anquilo-Garcia

Manuel B. Bernaldez, the complainant, filed a complaint on August 2, 2010, against Atty. Wilma Donna C. Anquilo-Garcia.
The complaint charged the respondent with gross misconduct, deceit, violation of the Lawyer’s Oath, and abuse of authority in her capacity as notary public.

The complainant alleged that during the 2010 elections in Biri, Northern Samar, Atty. Anquilo-Garcia coerced and intimidated registered voters.
It was claimed that the lawyer compelled voters to sign blank and ready-made affidavits declaring them as illiterate/disabled, allegedly so they could vote using assistors, despite such conditions being untrue for many.
The motive behind the alleged scheme was asserted to be in favor of the respondent’s husband, Jaime Garcia, Jr., who was then a candidate for mayor.

The affiants, according to the complainant, did not personally appear before Atty. Anquilo-Garcia on the election day (May 10, 2010) in Catarman, which is 50 kilometers from Biri.
Atty. Anquilo-Garcia, in her comment, denied preparing “ready-made” affidavits and claimed that the affidavits were voluntarily executed by the affiants who sought her notarial assistance due to reading difficulties or physical disabilities.

Procedural History and Involvement of the Integrated Bar of the Philippines (IBP)

On September 1, 2010, the Court issued a resolution directing the respondent to submit her comment within 10 days.
The case was later referred to the IBP for investigation, report, and recommendation.
On December 1, 2011, IBP’s Commission on Bar Discipline (CBD) ordered a mandatory conference with both parties, which was later closed on March 22, 2012, with ensuing instructions for the submission of verified position papers.
On June 28, 2013, the complainant filed an Affidavit of Withdrawal, stating that his initial filing was based on misapprehension and misunderstanding of the facts.

Commissioner Giovanne T. Lim issued a Report and Recommendation on April 29, 2015, recommending dismissal of the case without prejudice.
Commissioner Lim noted that because the allegations were also part of an ongoing election protest in the RTC of Catarman, it was premature to rule on Atty. Anquilo-Garcia’s administrative liability.
Despite the withdrawal of the complaint, Commissioner Lim affirmed that in disciplinary cases, a complainant’s desistance does not terminate administrative proceedings.
The IBP Board of Governors, on June 20, 2015, adopted and approved Commissioner Lim's Report and Recommendation.

Whether the withdrawal of the complaint by the complainant effectively terminates the administrative disciplinary proceedings against Atty. Anquilo-Garcia.

The legal issue examines if a desistance in disbarment cases, due to the public interest nature of administrative proceedings against lawyers, is sufficient to end the process.

Whether Atty. Anquilo-Garcia committed a violation of the 2004 Rules on Notarial Practice by notarizing affidavits without the personal appearance of the affiants.

The issue involves the proper protocol of notarization, specifically the requirement that affiants must personally appear before the notary public.
The matter also considers if clerical or typographical errors in the affidavits could constitute a valid defense when the primary statutory requirement was not met.

Whether the separate nature of the administrative case (disbarment proceedings) allows it to proceed independently of the concurrent election protest case filed before the RTC.

This issue addresses the separation between administrative disciplinary actions and election-related cases involving alleged electoral fraud or irregularities.