G.R. No. A.C. No. 8698, August 31, 2016
Manuel B. Bernaldez, Complainant vs. Atty. Wilma Donna C. Anquilo-Garcia, Respondent

FACTS

Complainant Manuel B. Bernaldez charged 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. The allegations stemmed from the 2010 National and Local Elections in Biri, Northern Samar. The complainant averred that Atty. Anquilo-Garcia, to ensure the victory of her husband who was a mayoral candidate, coerced and threatened registered voters to sign blank and ready-made affidavits falsely stating they were illiterate or disabled voters requiring assistors. He further contended it was impossible for the affiants to have personally appeared before her on election day given the geographical distance between locations.
In her defense, Atty. Anquilo-Garcia denied the accusations. She asserted that the affiants voluntarily sought her notarial services and personally appeared before her in Biri on May 10, 2010, to execute affidavits due to genuine difficulties in reading or physical disabilities. She claimed the affidavits presented by the complainant were manufactured for use in an election protest case filed against her husband. During the pendency of the IBP investigation, the complainant filed an Affidavit of Withdrawal, desisting from the disbarment case due to a “misapprehension of facts.”

ISSUE

Whether Atty. Wilma Donna C. Anquilo-Garcia should be held administratively liable based on the allegations in the complaint.

RULING

Yes, but only for the violation of notarial rules. The Supreme Court dismissed the charges of gross misconduct, deceit, and violation of the Lawyer’s Oath due to the complainant’s failure to prove them by clear preponderant evidence. The affidavits presented did not sufficiently establish that Atty. Anquilo-Garcia coerced the voters. The Court also held that the complainant’s desistance and the pending election protest case were immaterial to the administrative proceedings. Disbarment cases are sui generis, pursued in the public interest, and can proceed independently of civil or criminal actions; a complainant’s withdrawal does not abate the proceedings.
However, the Court found Atty. Anquilo-Garcia liable for abuse of authority as a notary public. The evidence clearly showed she notarized the subject affidavits without the personal appearance of the affiants, a direct violation of the 2004 Rules on Notarial Practice. Her defense that discrepancies in the place of execution indicated on the affidavits were mere clerical errors was untenable. The law mandates the notary public to ensure the affiant’s personal presence to verify identity and voluntariness. Her failure to do so constituted a breach of her duties. Considering the absence of bad faith and that this was her first infraction, the Court imposed the penalties of suspension from the practice of law for six months and disqualification from reappointment as a notary public for one year. Her notarial commission was revoked.