Professional Documents
Culture Documents
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Adm. Case No. 5225. April 29, 2003.
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* SECOND DIVISION.
623
624
625
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BELLOSILLO, J.:
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627
The Court referred this case to the IBP for its Committee
on Bar Discipline to investigate which thereafter submitted
its Report and Recommendation, which was adopted by the
IBP, for respondent’s suspension from the practice of law
for three (3) months.
After thoroughly going over the records, we feel very
uncomfortable with the recommendation of the Committee
on Bar Discipline of the Integrated Bar of the Philippines
(CBD-IBP). The CBD-IBP may have arrived at its
conclusion on the basis alone of affidavits and pleadings
without any testimonial evidence, contrary to established
procedure, despite the fact that the charges of blackmail
and extortion are factual matters which must be
established and proved with sufficient competent evidence.
We must emphasize that a mere charge or allegation of
wrongdoing does not suffice. Accusation is not synonymous
with guilt. There must always be sufficient evidence to
support the charge. This brings to the fore the application
of the age-old but familiar rule that he who alleges must
prove his allegations. In the case before us, it is enough for
respondent to deny complicity in the alleged blackmail or
extortion, without more, for he is not under obligation to
prove his negative averment, much less to disprove what
has not been proved by complainants. Thus, we have
consistently held that if the complainant/plaintiff, upon
whom rests the burden of proving his cause of action, fails
to show in a satisfactory manner the facts upon which he
bases his claim, the respondent/defendant is under no
obligation to prove his exception or defense.
The records are barren of any evidence that would prove
respondent’s culpability. Other than complainants’ naked
assertion that respondent demanded P300,000.00 from
them which was later allegedly increased to P400,000.00,
in exchange for the dropping of the charges against them
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628
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2 See People v. Quidato, G.R. No. 117401, 1 October 1998, 297 SCRA 1,
8.
3 Ang Tibay v. The Court of Industrial Relations, 69 Phil. 635 (1940).
629
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630
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631
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633
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Complaint dismissed.
——o0o——
635
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