Title
Atienza vs. Evangelista
Case
A.C. No. 1517
Decision Date
Nov 29, 1977
Complainant accused lawyer of negligence after case dismissal due to witnesses' refusal to cross-examine; Supreme Court dismissed complaint, finding no evidence of professional misconduct.
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Timeline (A.C. No. 1517)

  1. Complaint Filed: Maria Luz Atienza filed a complaint against Vicente Evangelista, a member of the Philippine Bar, for unprofessional conduct.

  2. Allegation of Negligence: Atienza alleged that Evangelista was remiss in attending to her case with the Manila City Fiscal's Office despite being retained and paid.

  3. Respondent's Admission: Evangelista admitted to being retained but denied any lack of diligence in performing his legal duties.

  4. Investigation Initiated: On December 5, 1975, the Court referred the administrative complaint to the Solicitor General for investigation.

  5. Investigation Report: The Solicitor General submitted a report on March 17, 1977, recommending the dismissal of the complaint against Evangelista.

  6. Retainer Agreement: Atienza agreed to pay Evangelista P8,000.00 as attorney's fees, with P3,000.00 as a down payment and P100.00 per appearance.

  7. Filing of Complaint: Evangelista filed a complaint with the City Fiscal's Office in Manila, which was assigned to Assistant Fiscal Fernando Agdamag.

  8. Witness Issues: Two of Atienza's witnesses refused to submit to cross-examination, leading to a recommendation for dismissal due to insufficient evidence.

  9. Fiscal's Recommendation: The fiscal recommended dismissal, which was concurred by another fiscal and ...continue reading


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