2019 Legal Ethics and Practical Exercises, Q6
Atty. U was being investigated by the Integrated Bar of the Philippines regarding a complaint for immorality filed by his wife, Y. Pending resolution of the case, complainant Y filed an affidavit of desistance and withdrawal of the complaint on the ground that she mistakenly filed the complaint out of jealousy.
What is the effect of Y’s filing of an affidavit of desistance and the withdrawal of her complaint in the administrative case against Atty. U? Explain. (2.5%)
Suggested answer only. Not an official answer and not legal advice.
Y's filing of an affidavit of desistance and withdrawal of her complaint has no legal effect on the administrative case against Atty. U. Under Section 16, Canon VI of the CPRA, administrative cases against lawyers are not subject
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Quick check
What is the legal effect of a complainant filing an affidavit of desistance in an administrative case against a lawyer?
Under Section 16, Canon VI of the CPRA, an administrative case against a lawyer is not subject to dismissal due to desistance or withdrawal by the complainant.
Why are administrative disciplinary proceedings against members of the Bar classified as sui generis?
Disciplinary cases are sui generis because their primary objective is to safeguard public interest and professional integrity rather than resolve private disputes.
What is the procedural role of a private complainant in a disbarment or disciplinary case?
In administrative cases, the complainant acts merely as a witness who alerts the court or IBP to the lawyer's alleged misconduct.
Why does the law prohibit the dismissal of disbarment complaints upon a private settlement or compromise?
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Can the Integrated Bar of the Philippines continue investigating a lawyer if the complainant refuses to testify after filing an affidavit of desistance?
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Learn more about these topics
1. Sui Generis Nature
Administrative proceedings against lawyers are sui generis, being neither purely civil nor criminal in nature. They are conducted primarily to preserve the integrity of the legal profession, safeguard the administration of justice, and protect the public interest from incompetent or unethical practitioners. Because disciplinary actions do not exist to redress private wrongs or vindicate personal grievances, the court maintains jurisdiction to investigate professional misconduct regardless of the private parties' personal desires or subsequent reconciliation.
2. Effect of Desistance
Under Section 16, Canon VI of the Code of Professional Responsibility and Accountability (CPRA), no administrative complaint against a lawyer shall be dismissed solely by reason of desistance, settlement, compromise, agreement, or withdrawal of the complaint by the private complainant. The complainant in a disbarment or disciplinary proceeding acts merely as a witness who brings the matter to the attention of the court. Consequently, a complainant's change of heart cannot deprive the Supreme Court or Integrated Bar of the Philippines of authority.
3. Protection of Profession
The rule prohibiting the dismissal of disciplinary proceedings upon a complainant's desistance prevents unscrupulous lawyers from coercing, intimidating, or financially settling with aggrieved complainants to escape administrative liability. Allowing private settlements to terminate disbarment cases would compromise the high moral standards required of officers of the court. Even if the complainant refuses to participate or execute an affidavit of desistance, the disciplinary tribunal may continue investigating the charges using available evidence.
TopicsAffidavit of Desistance2Code of Professional Responsibility and Accountability (CPRA)45Disbarment Proceedings Sui Generis2