Supreme Court decision · Legal Ethics and Practical Exercises

Tejada v. Acsay

Adm. Case No. 882 · Promulgated July 17, 1981 · Ponente: Aquino

In brief

This case is about an administrative complaint against Atty. Vicente Acsay for negligence in failing to file a collection case, which was dismissed after the complainant withdrew his complaint.

Disbarment, Negligence, Gross Misconduct, Withdrawal of Complaint

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Full text

SECOND DIVISION

[ Adm. Case No. 882. July 17, 1981 ]

FRANCISCO TEJADA, COMPLAINANT, VS. VICENTE ACSAY, RESPONDENT.

R E S O L U T I O N


AQUINO, J.:

Francisco Tejada, in his administrative complaint and supporting affidavit both verified on June 16, 1969, charged lawyer Vicente Acsay with negligence (amounting to gross misconduct) in not filing, in behalf of Tejada, a case against Enrique de Leon who was indebted to Tejada in the sum of P8,000.  Tejada paid P200 to Acsay in May or June, 1967 so that the case could be filed.

Tejada alleged that Acsay fraternized with De Leon and that because Acsay did not sue De Leon, he (Tejada) hired another lawyer in May, 1969 to file the case, Civil Case No. 11832, Tejada vs. De Leon, in the Court of First Instance of Rizal but the writ of attachment issued in that case could not be enforced because De Leon had sold his house and lot on March 9, 1968 and he had no other properties that could be attached.

Respondent Acsay in his 16-page answer denied the charge.  He recounted in detail the extrajudicial measures which he utilized with Tejada's knowledge in order that De Leon would settle out of court his liability to Tejada.  Acsay sent demand letters to De Leon.

The complaint was referred to the Solicitor General for investigation, report and recommendation.  On June 4, 1974 Tejada filed a motion for the withdrawal of his complaint.  He alleged therein that he was satisfied that Acsay had not been lax, negligent nor unmindful of his obligation to Tejada and that the collection case filed against De Leon was compromised.

Tejada took the witness stand to ratify his motion for the withdrawal of his complaint.  The Solicitor General recommends that this disbarment case be dismissed.

Finding that recommendation to be in order, the instant administrative case is dismissed and considered closed.

SO ORDERED.

Barredo, (Chairman), Concepcion, Jr., Abad Santos, and De Castro, JJ., concur.