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SECOND DIVISION

Adm. Case No. 727 May 5, 1977

MIGUELA R. LUYON, Complainant, vs. ATTY. JUAN G. ATENCIA, Respondent.

R E S O L U T I O N

AQUINO, J.:chanrobles virtual law library

In a verified complaint dated August 25, 1966 Miguela R. Luyon denounced to this Court Atty. Juan G. Atencia for alleged unethical conduct in connection with Civil Case No. 562 of the Court of First Instance of Catanduanes. That case was an action for support and acknowledgment filed by Atty, Atencia for Miss Luyon and her minor child against Armando A. Ala, the provincial auditor of Catanduanes.chanroblesvirtualawlibrarychanrobles virtual law library

Miss Luyon averred that respondent Atencia "had secret contacts" with Ala and had allegedly received money from him. She prayed that Atencia be investigated for having betrayed her trust and confidence.chanroblesvirtualawlibrarychanrobles virtual law library

Respondent Atencia in his detailed answer denied the charge and stated the circumstances revealing the ulterior motivation of Miss Luyon in filing the charge against him. He prayed that the complaint be dismissed.chanroblesvirtualawlibrarychanrobles virtual law library

The case was referred to the Solicitor General for investigation, report and recommendation (Resolution of October 21, 1966).chanroblesvirtualawlibrarychanrobles virtual law library

Acting on complainant's request, Assistant Solicitor General Pacifica P. de Castro endorsed the case to the provincial fiscal of Catanduanes for investigation.chanroblesvirtualawlibrarychanrobles virtual law library

Miss Luyon in a letter to the fiscal dated August 5, 1974 informed him that she was no longer interested in prosecuting her complaint. Because of that letter, the fiscal returned the record to the Office of the Solicitor General.chanroblesvirtualawlibrarychanrobles virtual law library

Sometime in 1976, Miss Luyon sent a telegram to the Office of the Solicitor General reiterating her lack of interest in pushing through her complaint.chanroblesvirtualawlibrarychanrobles virtual law library

In the present posture of the case, it would be difficult to investigate the alleged unethical conduct imputed to respondent Atencia without hearing Miss Luyon. She has in effect desisted or withdrawn her complaint.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, this case is dismissed.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.