[ Adm. Case No. 961. June 28, 1973 ] 151-A Phil. 832
[ Adm. Case No. 961. June 28, 1973 ]
CIRILO AND CLARITA BALIGASA, COMPLAINANTS, VS. ATTY. HIMINIANO D. SILVA, RESPONDENT. R E S O L U T I O N
MAKASIAR, J.:
This Court received on September 15, 1970 a letter dated May 18, 1970 purportedly signed and sworn to by spouses Cirilo Baligasa and Clarita Baligasa of Banilad, Dumaguete City, charging the respondent Atty. Himiniano D. Silva with deceiving them into signing a deed of sale of their two parcels of land in favor of Alejandra Baligasa, on the misrepresentation that they were merely signing as witnesses.
Respondent filed on November 11, 1970 his answer denying the allegations of the letter-complaint, after which the case was referred to the Solicitor General for investigation, report and recommendation.
On March 6, 1972, complainant Cirilo Baligasa died at the age of 87 (Annex A).
In a letter dated November 4, 1972, complainant Clarita F. Vda. de Baligasa requested the Solicitor investigator that the administrative case against respondent be dismissed because she and her late husband never filed any administrative complaint against respondent nor had they authorized any person to do so in their behalf, expressing the suspicion that the said administrative case was filed by one Atty. Elpidio Unte, former lawyer of her late husband, and an alleged enemy of the respondent, and that they were utilized as a tool by Atty. Unte.
In a letter dated December 8, 1972 and received on December 13, 1972 by the Office of the Solicitor General, complainant Clarita F. Baligasa reiterated her request to drop this administrative charge on the ground that she is no longer interested in testifying in this case for the reason stated in her first letter and attaching thereto her affidavit stating:
“That I am one of the alleged complainant(s) against Atty. Himiniano D. Silva in Administrative Case No. 961 which was filed by Atty. Elpidio Unto against said Atty. Silva;
“That the complaint is alleged to be made by me and my late husband, Cirilo Baligasa, but to the best of my knowledge and recollection, we have not filed nor caused to be filed any complaint against Atty. Himiniano D. Silva and the signature, if any, on said complaint has been secured fraudulently from us as we do not even know about the said alleged complaint;
“That my husband, Cirilo Baligasa is now dead and in respect to his memory and injustice to Atty. Silva, we hereby inform the Honorable Investigator that we have no(t) made said complaint and whatever complaint may have been filed in our names we are withdrawing the same as we have no cause against Atty. Silva and request that this administrative case be dismissed.”
Accordingly, the Solicitor General in his report, recommended the dismissal of this disbarment case.
Pursuant to Our resolution, the City Fiscal of Dumaguete City certified that complainant Clarita F. Baligasa acknowledged the truth of the contents of her aforesaid letter and affidavit requesting that this case be dropped as well as the genuineness of her signature thereto.
FINDING THE RECOMMENDATION MERITORIOUS, THIS DISBARMENT CASE AGAINST RESPONDENT ATTY. HIMINIANO D. SILVA IS HEREBY DISMISSED.
Makalintal, Acting C.J., Zaldivar, Ruiz Castro, Fernando, Teehankee, Barredo, Antonio, and Esguerra, JJ., concur.