Tuesday, July 8, 2014

Desistance not honored in administrative cases. - 9317.pdf

See - 9317.pdf





"x x x.



The complainant in a disbarment case is not a direct party to the case, but a witness who brought the matter to the attention of the Court.16 There is neither a plaintiff nor a prosecutor in disciplinary proceedings against lawyers. The real question for determination in these proceedings is whether or not the attorney is still a fit person to be allowed the privileges of a member of the bar.17 Public interest is the primary objective. We explained why in Rayos-Ombac v. Rayos,18 viz.:



The affidavit of withdrawal of the disbarment case allegedly executed by complainant does not, in any way, exonerate the respondent. A case of suspension or disbarment may proceed regardless of interest or lack of interest of the complainant. What matters is whether, on the basis of the facts borne out by the record, the charge of deceit and grossly immoral conduct has been duly proven x x x. The complainant or the person who called the attention of the court to the attorney's alleged misconduct is in no sense a party, and has generally no interest in the outcome except as all good citizens may have in the proper administration of justice. Hence, if the evidence on record warrants, the respondent may be suspended or disbarred despite the desistance of complainant or his withdrawal of the charges x x x.


x x x."