Dear PAO,  

I filed a disbarment case against my ­former lawyer because he spent my judgment award for his own personal needs. Now that he paid me, I want to withdraw the case. Can I withdraw my ­complaint? 

                  Tipsy

Dear Tipsy,     

You can definitely withdraw your complaint; however, be reminded that in disbarment proceedings, the complainant’s withdrawal of a complaint will not automatically exonerate the respondent or put an end to the administrative proceedings.

As explained by the Supreme Court in the similar case of Bernasconi vs. Demaisip, A.C. No. 11477, January 19, 2021, penned by ­Associate Justice Samuel H. Gaerlan, disbarment proceedings involve no private interest and afford no redress for private grievance, saying:    

“Preliminarily, the Court notes that Bernasconi had already withdrawn his administrative complaint against Atty. Demaisip. He explained that the complaint he filed was “a result of misunderstanding in the engagement of the legal services” of Atty. Demaisip. However, Bernasconi’s desistance does not have the effect of exonerating Atty. Demaisip. xxx As the Court elucidated in Bautista, viz.:   

Complainant’s desistance or withdrawal of the complaint does not exonerate respondent or put an end to the administrative procee­dings. 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 proven. This rule is premised on the nature of disciplinary proceedings. A proceeding for suspension or disbarment is not a civil action where the complainant is a plaintiff and the respondent lawyer is a defendant. Disciplinary proceedings involve no private interest and afford no redress for private grievance. They are undertaken and prosecuted solely for the public welfare. They are undertaken for the purpose of preserving courts of justice from the official ministration of persons unfit to practice in them. The attorney is called to answer to the court for his conduct as an officer of the court..”   

Thus, while you are at liberty to withdraw your complaint, your desistance will not put an end to the disbarment proceeding. Using a ­client’s money is indubitably against the Code of Professional Responsibility and Accoun­tability (CPRA); thus, to promote public welfare, a disbarment proceeding is necessary to require your former lawyer to answer for his conduct as an officer of the court.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.       

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].