Question A.6, 2019 Legal Ethics Bar Exam

A.6.

(Question A.6, Legal and Judicial Ethics, 2019 Bar Exam)

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:

There is no effect. Answer

Under the Rules of Court, no administrative investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same. Rule

In the case at bar, Y’s affidavit of desistance and the withdrawal of her complaint will not interrupt nor terminate the ongoing administrative case against Atty. U. The investigation will proceed until a resolution is reached. Apply

Thus, the affidavit of desistance and the withdrawal of the complaint do not have any effect on the administrative case. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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