A.C. No. 8698 Moreover, the complainant avers that the affiants never appeared before Atty.

Moreover, the complainant avers that the affiants never appeared before Atty. Anquilo-Garcia nor
MANUEL B. BERNALDEZ, Complainant was it possible for her to go to Catarman, Northern Samar which is 50 kilometers away by land
vs. and sea from Biri, Northern Samar to execute the affidavits on the election day itself.
ATTY. WILMA DONNA C. ANQUILO-GARCIA, Respondent
RESOLUTION Anquilo-Garcia’s Comment
REYES, J.:
On September 1, 2010, the Court issued a Resolution directing Atty. Anquilo-Garcia to submit her
SUMMARY: The complainant Manuel Bernaldes is a mayoral candidate in Biri, Northern Samar. The Comment within 10 days from receipt thereof. In her comment, Atty. Anquilo-Garcia denied having
respondent’s husband is also a mayoral candidate in that municipality. The complainant alleged that prepared ready-made affidavits and contended that what she prepared and notarized were
the respondent, abusing her position as notary public, forced and intimidated voters into signing affidavits of affiants who sought her help and services as notary public so that they may be
affidavits saying that they were illiterate and needed assistors in voting, when they were not so. allowed to vote with assistors because of difficulty in reading and/or some physical disability.

Respondent denied such allegation and claimed that the affiants personally appeared before her. Moreover, she asserted that the affiants personally appeared before her on May 10, 2010 in Biri,
Northern Samar and voluntarily executed the affidavits without being threatened, intimidated and
During the pendency of the administrative proceedings, the complainant filed his Affidavit of paid. She alleged that the affidavits attached to the complaint were manufactured and/or falsified in
Withdrawal of the complaint stating that he is desisting from pursuing the instant disbarment case. He order to suit the allegations of the complainant, her husband Garcia Jr.'s opposing candidate for the
stated that the filing of the instant case was merely due to misapprehension of facts mayoralty. The same affidavits were also used as exhibits in the election protest filed by the
complainant against Garcia Jr. before the Regional Trial Court (RTC) of Catarman, Northern Samar,
The IBP CBD held that the case should be dismissed as it was premature to rule on the docketed as Election Protest (E.P.) Case No. 38.
administrative liability of the respondent pending the election protest filed by the complainant against
the respondent’s husband. The IBP further ruled that the withdrawal of the complaint was not In the Resolution dated December 6, 2010, the Court referred the instant case to the Integrated Bar of the
sufficient to terminate the proceedings. Philippines (IBP) for investigation, report and recommendation within 90 days from receipt of the record. On
December 1, 2011, the IBP Commission on Bar Discipline (CBD) issued a notice requiring both parties to appear for
a mandatory conference. On March 22, 2012, the IBP-CBD issued an Order declaring the mandatory conference
Issue: Whether or not respondent Anquilo-Garcia should be sanctioned for her actions, considering closed and terminated. Both parties were then required to file their respective verified position papers within a period
that complainant filed a withdrawal of 10 days from receipt thereof.

Held: Yes. The SC first dealt with the IBP’s contention that it was premature to rule on the On June 28, 2013, before the case was resolved, the complainant filed his Affidavit of
administrative liability of Anquilo-Garcia. The SC explained that administrative proceedings against Withdrawal of the complaint stating that he is desisting from pursuing the instant disbarment case.
lawyers are sui generis and they belong to a class of their own. They are neither civil nor criminal He stated that the filing of the instant case was merely due to misapprehension of facts and
actions but rather investigations by the Court into the conduct of its officers. The instant administrative misunderstanding of the incidents.
case is, thus, distinct from and may proceed independently of the election case.
Resolutions of the IBP
As regards the withdrawal, the SC agreed with the IBP and cited the case of Ventura v. Samson
where the Court held that the complainant's affidavit of desistance cannot have the effect of abating On April 29, 2015, Commissioner Giovanne T. Lim (Commissioner Lim) issued his Report and
the administrative proceedings in view of the public service character of the practice of law and the Recommendation recommending that the instant case against Atty. Anquilo-Garcia be dismissed
nature of disbarment proceedings as a public interest concern. without prejudice. Commissioner Lim stated that since the alleged irregularities perpetrated by
Atty. Anquilo-Garcia are the subject of the election protest filed by the complainant before the RTC
In conclusion, the SC found Anquilo-Garcia liable and revoked her notarial commission, disqualified and made subject of this disbarment case, it is premature to rule on the administrative liability of
her for applying for the same for 1 year, and suspended her for 6 months. The SC found sufficient Atty. Anquilo-Garcia pending resolution of the election protest. 
evidence to show that Anquilo-Garcia notarized the affidavits without the affiants personally
appearing before her. As to the withdrawal of the complaint, Commissioner Lim held that in disbarment cases, the
desistance or withdrawal on. the part of the complainant is not sufficient to terminate the
Atty. Anquilo-Garcia's failure to perform her duty as a notary public undermines the integrity of a administrative proceedings.
notary public and degrades the function of notarization. Thus, she should be liable for such
negligence, not only as a notary public but also as a lawyer. On June 20, 2015, the IBP Board of Governors issued a Notice of Resolution adopting and approving
the Report and Recommendation of Commissioner Lim after finding the same to be supported by the
evidence on record and applicable laws.
FACTS: For resolution is the complaint dated August 2, 2010 filed by Manuel B. Bernaldez
(complainant) charging respondent Atty. Wilma Donna C. Anquilo-Garcia (Atty. Anquilo-Garcia) ISSUE:
with gross misconduct, deceit, violation of Lawyer's Oath, and abuse of authority as notary public.
RULING: WHEREFORE; premises considered, the Court RESOLVES to:
Bernaldez’s Complaint
(i) NOTE the Notice of Resolution No. XXI-2015-547 dated June 20, 2015 of the Integrated Bar of the Philippines Board of Governors
adopting and approving the Report and Recommendation of the Investigating Commissioner, and dismissing the complaint against Atty.
In his complaint, the complainant alleges that during the 2010 National and Local Elections, Atty. Wilma Donna C. Anquilo-Garcia without prejudice;
Anquilo-Garcia coerced and threatened registered voters in the Municipality of Biri, Northern
Samar to sign blank and ready-made affidavits stating that they were illiterate/disabled voters (ii) NOTE the Letter dated April 14, 2016 of the Integrated Bar of the Philippines Commission on Bar Discipline transmitting the
documents pertaining to this case;
when in fact, they were not and that they needed assistors in voting. 
(iii) REVOKE the
notarial commission of respondent Atty. Wilma Donna C. Anquilo-Garcia for
According to the complainant, the scheme was employed by Atty. Anquilo-Garcia to ensure the breach of the 2004 Rules on Notarial Practice; and DISQUALIFY her
from reappointment as notary public for
victory of her husband,' Jaime Garcia, Jr. (Garcia Jr.), who was running for Mayor in Biri, a period of ONE (1) YEAR; and
Northern Samar.
(iv) SUSPEND Atty. Wilma Donna C. Anquilo-Garcia from the practice of law for a period of SIX (6) (2) is not personally known to the notary public or otherwise identified by the notary public
MONTHS effective immediately for violation of the Code of Professional Responsibility. She is further WARNED that a repetition of through competent evidence of identity as defined by these Rules.
the same or of similar acts shall be dealt with more severely.

Let copies of this Resolution be furnished to the Office of the Bar Confidant, to be appended to Atty. Wilma Donna C. Anquilo-Garcia's Lawyers commissioned as notaries public are reminded that their functions should not be trivialized
personal record as attorney. Likewise, copies shall be furnished to the Integrated Bar of the Philippines and all courts in the country for and they must discharge their powers and duties which are impressed with public interest, with
their information and guidance. accuracy and fidelity. They must inform themselves of the facts they certify to; most importantly, they
should not take part or allow themselves to be part of illegal transactions. 
RATIO: To begin with, it must be stressed that administrative proceedings against lawyers
are sui generis and they belong to a class of their own. They are neither civil nor criminal
Atty. Anquilo-Garcia's failure to perform her duty as a notary public undermines the integrity of a
actions but rather investigations by the Court into the conduct of its officers. The instant
notary public and degrades the function of notarization.1âwphi1 Thus, she should be liable for such
administrative case is, thus, distinct from and may proceed independently of the election case. E.P.
negligence, not only as a notary public but also as a lawyer.
Case No. 38 refers to an election contest involving fraud or irregularities committed in the conduct of
the elections, while the present disbarment case seeks to discipline Atty. Anquilo-Garcia as a
In Gonzales v. Atty. Ramos, the Court imposed a penalty of suspension from the practice of law
lawyer for her alleged gross misconduct, deceit, violation of her oath as a lawyer, and abuse
against respondent lawyer for a period of one (1) year and disqualified hi from appointment as notary
of authority as notary public. Thus, there is no need to await the final resolution of the election
public for two (2) years for notaruzing a Deed of Sale without the presence of affiants.
protest filed by the complainant before the instant disbarment case may be acted upon.
The same was adopted by the Court in te recent case of Agbulos v. Atty. Viray wherein the notary
EFFECT OF WITHDRAWAL (TOPIC)
public was meted out the same penalty for preparing an affidavit and notarizing it without the affiant’s
personal appearance.
Likewise, the fact that the complainant filed a withdrawal of the complaint during the pendency of
this case is of no moment. In Ventura v. Atty. Samson, the Court held that the complainant's
Under the facts and circumstances of the case and jurisprudence, Atty. Anquilo-Garcia's notarial
affidavit of desistance cannot have the effect of abating the administrative proceedings in
commission should not only be suspended but she must also be suspended from the practice of law.
view of the public service character of the practice of law and the nature of disbarment
proceedings as a public interest concern.
Considering, however, the absence of bad faith on the part of Atty. Anquilo-Garcia and that this is her
first infraction after her long years of membership in the Bar, the Court finds that the less severe
The Court now resolves the substantive matters surrounding the case.
penalties of suspension for six (6) months in the practice of law and disqualification from
reappointment as notary public for a period of one (1) year are proper under the circumstances.
NO EVIDENCE OF INTIMIDATING REGISTERED VOTERS

"In administrative cases against lawyers, the quantum of proof required is clearly preponderant
evidence and the burden of proof rests upon the complainant." Here, the complainant failed to
show by clear preponderance of evidence that Atty. Anquilo-Garcia coerced any registered
voters in the Municipality of Biri, Northern Samar to sign the alleged blank and ready-made
affidavits. Apparently, the affidavits presented by the complainant point to other persons responsible
in the employment of force, intimidation or threat upon the voters in the Municipality.

VIOLATION OF THE NOTARIAL LAW (IRRELEVANT)

With regard, however, to the charge of abuse of authority as notary public, the Court finds that the
affidavits prepared by Atty. Anquilo-Garcia were notarized without the personal presence of
the affiants, in violation of the notarial law which the Court cannot countenance.

The complaint clearly established that Atty. Anquilo-Garcia notarized the subject affidavits without
having the affiants personally appear before her as required by law. The Court, likewise, finds no
merit with her defense that the headings of the affidavits which indicated Municipality of Biri, and in
some Catarman, Northern Samar as the place of execution were just simple and harmless clerical
and typographical errors.

A cursory perusal of the affidavits of the concerned registered voters of the Municipality of Biri
sufficiently shows that these affidavits were merely handed to them at the polling precincts on election
day, bearing already the signature and notarial seal of Atty. Anquilo-Garcia.

Time and again, the Court has reminded lawyers commissioned as notaries public that the
affiants must personally appear before them. Rule IV, Section 2(b) of the 2004 Rules on Notarial
Practice reads:

Section 2. Prohibitions -
xxxx
(b) A person shall not perform a notarial act if the person involved as signatory to the
instrument or document -

(1) is not in the notary's presence personally at the time of the notarization; and