Facts:

This administrative case for disbarment involves Complainant Benita A. Agbayani and Respondent Atty. Jaime V. Agtang. The complaint arose from allegations that Agtang made false representations in a petition for adoption filed on behalf of Geronimo Reyes. It was claimed that Agtang falsely claimed that Reyes had no children, thereby misleading the court into granting the adoption of Joey Agbayani. The events leading to the complaint date back to 1973 when Geronimo Reyes approached Agtang for legal assistance in the adoption process. During this petition, Agtang allegedly failed to disclose Reyes's child, Balbina Reyes. The case took several postponements for hearings—initially set for November 27, 1975, and then to December 19, 1975, but neither could proceed due to requests for postponements from the complainant’s side. On July 26, 1976, the complainant and her lawyer failed to appear, but they later submitted an affidavit of desistance on August 16, 1976, expressing their

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Facts:

Background of the Case

The case involves a disbarment complaint filed by Benita A. Agbayani against Atty. Jaime V. Agtang. The complaint alleges that Atty. Agtang made false statements in a petition for adoption filed by Geronimo Reyes. Specifically, it was claimed that Atty. Agtang falsely represented that Geronimo Reyes had no child, when in fact, Reyes had a daughter named Balbina Reyes. This alleged misrepresentation led the court to grant the adoption.

Procedural History

• The complaint was filed, and Atty. Agtang submitted his comment on May 26, 1975.
• The case was referred to the Office of the Solicitor General (OSG) for investigation on June 4, 1976.
• Several hearings were scheduled but postponed due to requests from the complainant and joint motions by both parties.
• On August 16, 1976, the complainant submitted an affidavit of desistance, stating she was misled into filing the case and wished to withdraw her complaint.
• Despite the affidavit, the OSG proceeded with the investigation and recommended the dismissal of the charges.

Key Testimonies

1. Complainant (Benita Agbayani): She affirmed her affidavit of desistance and stated she was misled into filing the complaint.
2. Respondent (Atty. Jaime V. Agtang): He testified that he relied on Geronimo Reyes' representation that he had no child. He denied knowing Reyes prior to the adoption case and refuted allegations of frequent visits to Reyes' barrio.
3. Honorio Tunac (Witness): He corroborated Atty. Agtang's testimony, stating that Geronimo Reyes had explicitly stated he had no child during the interview for the adoption.

Findings of the Solicitor General

The OSG found that Atty. Agtang acted in good faith based on Geronimo Reyes' representations. The complainant failed to provide convincing proof of misconduct, and her affidavit of desistance further weakened her case. The OSG also noted that the complainant may have had a personal motive for filing the complaint, as Atty. Agtang represented parties adverse to her husband in other cases.

Issue:

1. Whether Atty. Jaime V. Agtang made false statements in the petition for adoption filed by Geronimo Reyes.
2. Whether the complainant, Benita Agbayani, provided sufficient evidence to support her allegations of misconduct against Atty. Agtang.
3. Whether the affidavit of desistance submitted by the complainant affects the outcome of the case.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Conclusion:

The Supreme Court dismissed the disbarment case against Atty. Jaime V. Agtang due to the complainant's failure to prove misconduct and the lack of evidence supporting the allegations. The Court emphasized the importance of good faith reliance on client representations and the high burden of proof required in disbarment proceedings.