G.R. No. 183842 October 8, 2014
DOMADO DISOMIMBA SULTAN, Complainant, vs. ATTY. CASAN MACABANDING, Respondent.

FACTS

Complainant Domado Disomimba Sultan was a candidate for Mayor of Buadipuso Buntong, Lanao del Sur in the 2007 elections. An “Affidavit of Withdrawal of Certificate of Candidacy for Municipal Mayor” dated April 10, 2007, purportedly signed by the complainant, was notarized by respondent Atty. Casan Macabanding and submitted to the COMELEC. The complainant alleged he neither executed this affidavit nor authorized anyone to withdraw his candidacy. Upon learning of the withdrawal, he wrote to the COMELEC to have his name retained. The COMELEC Second Division ordered the reinstatement of his name and the counting of votes cast for him. The COMELEC en banc had the NBI examine the signature on the Affidavit of Withdrawal. The NBI’s Questioned Documents Report concluded the signature on the affidavit and the complainant’s specimen signatures “WERE NOT WRITTEN by one and the same person.” The complainant filed this administrative case for disbarment. The respondent claimed the complaint was political harassment, admitted notarizing the affidavit after it was voluntarily signed by the complainant in the presence of witnesses, and alleged the complainant changed his mind when a monetary deal with his opponent fell through. The IBP Board of Governors recommended suspending the respondent from law practice for six months and as a notary public for two years.

ISSUE

Whether the respondent should be held administratively liable based on the allegations in the complaint.

RULING

Yes, the respondent is administratively liable. The Supreme Court agreed with the IBP’s findings but modified the penalty. The Court found the complainant presented preponderant evidence, including the conclusive NBI report, that his signature on the Affidavit of Withdrawal was forged. The Court rejected the respondent’s argument that the NBI examiner was not an expert in Arabic, citing its final ruling in a related election case (Mayor Abdulmojib Moti Mariano v. Commission on Elections) that a handwriting expert need not be a linguist. The respondent, as a lawyer-notary, failed in his grave responsibility. He admitted notarizing the affidavit without the complainant’s presence. Applying prevailing jurisprudence for notarizing a document without the affiant’s personal appearance, the Court imposed stricter penalties. Atty. Casan Macabanding is SUSPENDED from the practice of law for one (1) year. His notarial commission, if any, is REVOKED and he is DISQUALIFIED from reappointment as Notary Public for two (2) years.