Case Summary (A.C. No. 7919)
Factual Background
Sultan filed his Certificate of Candidacy on March 29, 2007, for the local elections held on May 14, 2007. On April 10, 2007, an affidavit that purportedly withdrew his candidacy was notarized by Macabanding and subsequently submitted to the Commission on Elections (COMELEC). Upon discovering this, Sultan submitted a letter and an Affidavit to COMELEC asserting that he had neither executed nor authorized the affidavit. He sought to contest the unauthorized withdrawal and requested that his name remain on the list of candidates.
Petitions Filed and Judicial Proceedings
Sultan's petition for reinstatement was accepted by COMELEC's Second Division on June 12, 2007, which ordered his name restored on the candidate list and allowed votes cast in his favor to be counted. The respondent and others faced criminal charges for falsification afterward. An investigation by the National Bureau of Investigation (NBI) concluded that the signature on the affidavit was not Sultan's, further consolidating his claims of forgery.
Administrative Complaint and Respondent's Defense
On May 14, 2008, Sultan filed the current administrative complaint against Macabanding, seeking disbarment. The respondent contended that the complaint was politically motivated, alleging family ties with Sultan's opponent. He insisted that Sultan had voluntarily signed the affidavit in the presence of witnesses, although he withheld their identities to avoid familial conflicts.
Investigative Findings and Recommendations
The Integrated Bar of the Philippines (IBP) investigated the complaint and, on July 1, 2009, recommended six months of suspension for the respondent, as well as a two-year suspension from notarial duties. The IBP Board of Governors adopted this recommendation on May 15, 2011, citing Macabanding's irregular notarization of the affidavit without Sultan's presence or authorization.
Court's Ruling
The Court upheld the IBP's findings while modifying the penalties imposed on Macabanding. The evidence demonstrated that Sultan's signature was forged, fulfilling the burden of proof required in administrative cases against lawyers. As the signatory's notarization res
...continue readingCase Syllabus (A.C. No. 7919)
Introduction
- This case revolves around an administrative complaint filed by Domado Disomimba Sultan against Atty. Casan Macabanding for allegedly notarizing a falsified affidavit.
- The complaint was lodged on May 14, 2008, with the Office of the Bar Confidant.
Background Facts
- Complainant Sultan ran for Mayor of Buadipuso Buntong, Lanao del Sur in the 2007 elections and filed his Certificate of Candidacy (COC) on March 29, 2007.
- On April 10, 2007, a purported Affidavit of Withdrawal of COC was notarized by the respondent without Sultan's knowledge or authorization.
- Sultan submitted a letter and an affidavit to the Commission on Elections (COMELEC) on April 18, 2007, asserting he did not authorize the withdrawal and requesting his name to remain on the candidate list.
- Sultan filed a petition with the COMELEC on May 16, 2007, to have the votes cast in his favor counted.
Criminal Complaint
- On May 17, 2007, Sultan filed a criminal complaint against Abdulmojib Moti Mariano (another mayoralty candidate), respondent Macabanding, and Acting Election Officer Colangcag for Falsification of Public Documents.
- A corresponding information was filed against the respondent and Colangcag, resulting in docketed Criminal Case No. 5842-08 in the Regional Trial Court of Lanao Del Sur.
COMELEC Resolution
- The COMELEC Second Division found merit in Sultan's petition, reinstating his candidacy on June 12, 2007, and ordered