G.R. No. 2002 - Ex Parte Santiago

Complainant: Senator Aquilino Q. Pimentel, Jr.
Respondents: Attorneys Vitaliano C. Fabros and Pacifico S. Paas, who served as chairman and vice-chairman, respectively, of the Provincial Board of Canvassers of Isabela (PBC-Isabela) during the 1995 elections.

A complaint for disbarment was filed against the respondents on grounds of engaging in "unlawful, dishonest, immoral or deceitful conduct."
The allegations centered on their involvement in the preparation and certification of election documents that purportedly altered the official tally in the senatorial race.

Provincial Certificate of Canvass (Annex “A”) – A document meant to certify, under oath, the canvassing of votes cast in the 1995 elections in Isabela.
Statement of Votes per Municipality (Annex “B”) – Accompanied the certificate and required certification that the recorded figures were true and correct.

They were responsible for canvassing and tabulating the votes from municipal and city certificates of canvass.
Their signatures on both documents implied an affirmation of the accuracy of the entries contained therein.

The Statement of Votes per Municipality was alleged to have been altered – containing false and untrue entries.
Comparison with municipal/city certificates of canvass revealed discrepancies:

Votes for candidates Enrile, Honasan, and Mitra were artificially increased by approximately 27,755, 10,000, and 7,000 votes respectively.

The vote-padding was characterized not as a mere clerical error but as a premeditated scheme implemented by the respondents.

Atty. Fabros claimed he neither consented to nor permitted any manipulation of vote figures, asserting that the canvassing was conducted in public view with multiple verifications.
Atty. Paas maintained that his role was limited to safeguarding the envelopes containing the statement of votes, and any discrepancies were attributable to human fatigue or mere negligence.

Common Admission: Both respondents acknowledged that they had authenticated and signed the documents as "true and correct," thereby accepting responsibility for the content despite attributing any misstatements to errors by a subordinate (the PBC-Isabela secretary).

The Integrated Bar of the Philippines (IBP) Investigating Commissioner conducted hearings beginning January 20, 1997.
The parties submitted simultaneous verified position papers along with witness affidavits.
On June 21, 2003, the IBP Board of Governors adopted the recommendation of the Investigating Commissioner, finding the respondents guilty of violating Rule 1.01 of the Code of Professional Responsibility.
The imposition of sanctions: A fine of P10,000 each, accompanied by a stern warning regarding future misconduct.

Whether the respondents, by signing the Provincial Certificate of Canvass and the Statement of Votes per Municipality, knowingly participated in a fraudulent scheme that altered the official election results.
Whether the discrepancies between the approved municipal/city certificates and the aggregated statement of votes were due merely to human error or deliberate manipulation.

Whether the respondents, despite relying on the work of the PBC-Isabela secretary and invoking defenses of fatigue or oversight, can still be held accountable for certifying incorrect figures.
Whether their actions constitute a violation of the ethical and professional standards mandated by the Code of Professional Responsibility for lawyers, particularly in public office.

Whether the disciplinary action imposed (a fine with a warning) is commensurate with the severity of the misconduct in light of the breach of public trust and legal obligations.