Case Summary (A.C. No. 8698)
Allegations of Misconduct
In his complaint filed on August 2, 2010, Bernaldez accused Anquilo-Garcia of gross misconduct, deceit, violation of the Lawyer’s Oath, and abuse of authority as a notary public. He alleged that Anquilo-Garcia threatened registered voters to sign blank affidavits claiming illiteracy or disability when in fact they did not require assistors for voting. Additionally, it was asserted that the affiants did not appear before Anquilo-Garcia, nor could she have traveled from Biri to Catarman, Northern Samar within the timeframe needed to notarize these affidavits on election day.
Initial Responses and Procedural Developments
Upon receipt of the complaint, the Court issued a resolution on September 1, 2010, requiring Atty. Anquilo-Garcia to respond. In her response, Anquilo-Garcia denied the allegations, asserting that the affidavits she prepared and notarized were for voters seeking assistance due to actual difficulties in reading or physical disabilities. She contended that the affiants had personally appeared before her and executed the affidavits voluntarily. The complaint also alleged that the documents were fabricated to support Bernaldez's claims in an election protest against her husband, which was lodged in the Regional Trial Court (RTC) of Catarman.
IBP Investigative Findings
On December 6, 2010, the Court referred the matter to the Integrated Bar of the Philippines (IBP) for investigation. The IBP subsequently held a mandatory conference, and while both parties filed their position papers, the complainant later withdrew his case on June 28, 2013, stating his decision arose from a misunderstanding of facts.
IBP’s Recommendation
On April 29, 2015, Commissioner Giovanne T. Lim issued a report recommending dismissal of the case without prejudice, citing the overlapping nature of the administrative complaint and the election protest being resolved in court. The IBP Board of Governors later adopted this recommendation on June 20, 2015, while also noting that a withdrawal does not terminate administrative proceedings.
Supreme Court’s Ruling on Proceedings
The Supreme Court highlighted that administrative proceedings against lawyers belong to a category distinct from civil or criminal actions and are essential for evaluating attorneys’ conduct. The administrative case could proceed independently of the election protest. The Court emphasized the necessity to address allegations of gross misconduct, deceit, and abuse of authority irrespective of the pending election case outcomes.
Evaluation of Evidence and Findings
Upon reviewing the evidence, the Court determined that Bernaldez failed to prove by a preponderance of evidence that Atty. Anquilo-Garcia coerced voters. However, the Court found substantial support for the accusation regarding Atty. Anquilo-Garcia's failure to ensure the personal presence of the affiants during notarization, breaching notaria
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Case Background
- The complaint was filed by Manuel B. Bernaldez against Atty. Wilma Donna C. Anquilo-Garcia on August 2, 2010.
- The allegations included gross misconduct, deceit, violation of the Lawyer's Oath, and abuse of authority as a notary public.
- The incident occurred during the 2010 National and Local Elections in Biri, Northern Samar, where it was claimed that Atty. Anquilo-Garcia coerced registered voters to sign blank affidavits, falsely claiming they were illiterate or disabled.
- The purpose of this alleged coercion was to facilitate the election victory of her husband, Jaime Garcia, Jr., who was a mayoral candidate.
Allegations and Initial Proceedings
- Complainant Bernaldez asserted that the voters were threatened to sign affidavits stating they needed assistors to vote.
- It was claimed that the affiants did not personally appear before Atty. Anquilo-Garcia, nor could she have traveled to Catarman, Northern Samar, on election day to notarize these affidavits.
- On September 1, 2010, the Court directed Atty. Anquilo-Garcia to submit her Comment regarding these allegations.
Respondent's Defense
- Atty. Anquilo-Garcia denied the allegations, asserting that the affidavits prepared were legitimate and that the affiants had personally appeared before her on May 10, 2010.
- She contended that the affidavits were not ready-made but were executed voluntarily without coercion or intimidation.
- Atty. Anquilo-Garcia claimed that the affidavits attached