Philippine Supreme Court Resolutions > Year 2011 > January 2011 Resolutions > A.C. No. 4304 : January 24, 2011 : PEDRO NOCETE, JR., COMPLAINANT, VERSUS ATTY. LEO DIOCOS, RESPONDENT. :

Please take notice that the Court, Third Division, issued a Resolution dated 24 January 2011, which reads as follows: 

A.C. No. 4304 - PEDRO NOCETE, JR., complainant, versus ATTY. LEO DIOCOS, respondent.

  RESOLUTION 

Before us is respondent's pleading denominated as "Restatement of Compliance" with prayer that a clearance be granted to him.

Respondent calls our attention to the following antecedents:

On July 16, 2007, the Second Division of this Court required the Board of Governors of the Integrated Bar of the Philippines (IBP) to show cause why it should not be held in contempt for failure to submit its investigation report on this case, per the Court's Resolution dated January 25, 1995. On February 27, 2008, the Court required IBP Cebu City Chapter to return the records of this case to IBP Manila. On June 30, 2008, the Court noted the compliance of the President of IBP Cebu City Chapter that he has no direct knowledge or notice of the pendency of this case. He also informed the Court of a recent fire which destroyed the offices of IBP Cebu and IBP Cebu City Chapters. The Court granted his prayer that IBP Cebu City Chapter be given more time to reconstruct the case records or that the parties be requested to provide the chapter with pertinent records of this case.

Respondent filed a manifestation that he has no record of this case for he was not served a copy of the complaint, that he tried to locate complainant but he could not find him, and that complainant's counsel, Atty. Octerbaldo Emilia, died a long time ago. On the other hand, complainant filed a letter "expressing willingness to forgive the malpractice of respondent because he is now 78 years old, sickly, disabled and could hardly walk, and to make an amicable settlement with respondent if the latter does not make false allegations and charges against him because he prefers to have peace in his old age." The Court referred said manifestation and letter to IBP Cebu City Chapter for appropriate action.

On March 11, 2009, the Court required IBP Cebu City Chapter to submit a status report on this case. In a compliance dated May 25, 2009, the new President of IBP Cebu City Chapter informed the Court that the records of this case were destroyed during the December 2006 fire. He prayed that the Court urge the parties to submit copies of their records to IBP Cebu City Chapter.

We find no need to issue another order for the parties to submit their own records to IBP Cebu City Chapter. We issued a similar order in our Resolution dated June 30, 2008 but respondent cannot comply for he was not served a copy of the complaint. It also appears that complainant has no interest to comply for there is still no record of his complaint with IBP Cebu City Chapter as of May 25, 2009. All these years, 15 years from 1995 until 2010 per respondent's count, complainant has shown no interest to prosecute his complaint. On the contrary, he expressed willingness to forgive respondent's alleged malpractice.

Hence, we dismiss the complaint for failure of the complainant to prove respondent's alleged malpractice. As repeatedly held by the Court, mere allegation of wrongdoing does not suffice. Accusation is not synonymous with guilt.

WHEREFORE, the complaint against respondent Atty. Leo Diocos is hereby DISMISSED.

Respondent is informed that he has to file an application for clearance with the Office of the Bar Confidant, in accordance with its procedures.

SO ORDERED.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court