Cabatu v. Domingo
REITERATIONFacts
The Antecedents: Complainant Lydia Cabatu filed a complaint for disbarment against respondent Edgardo C. Domingo, alleging that he contracted a second marriage on September 16, 1967, despite having a valid and subsisting marriage with the complainant. Procedural History: The respondent was required to file an answer, to which he merely stated he had no knowledge of the allegation. The case was referred to the Solicitor General for investigation, report, and recommendation. The investigation encountered difficulties in scheduling hearings, with subpoenas for both parties being returned unclaimed. The complainant and her counsel failed to appear at scheduled hearings, and there was no move from the complainant to pursue the complaint since its filing in 1967. The respondent's registered letter was returned with a notation that he had moved to the USA with no forwarding address. The Petition: The Solicitor General recommended the dismissal of the complaint for disbarment due to the complainant's apparent loss of interest and failure to prosecute the case, as well as the unavailability of the respondent.
Issue(s)
Whether the disbarment complaint should be dismissed due to the complainant's failure to prosecute.
Ruling
The petition is dismissed. No costs.
Ratio Decidendi
On Issue 1: The Court dismissed the disbarment complaint against respondent Edgardo C. Domingo. This dismissal was based on the complainant's failure to actively pursue the case since its filing in 1967. The records showed that the complainant had lost interest in prosecuting the case, as evidenced by her failure to appear at scheduled hearings and the lack of any subsequent move to pursue the complaint. Furthermore, the respondent was also unavailable, having moved to the USA with no forwarding address, which made it difficult to proceed with the investigation and hearing. The Court cannot indefinitely keep a case pending without any action from the complainant to prosecute it. Therefore, the recommendation of the Solicitor General for dismissal was granted.
Main Doctrine
A disbarment complaint can be dismissed if the complainant fails to actively pursue the case, particularly when the respondent is also unavailable, making further investigation and proceedings impractical. The Court cannot indefinitely keep a case pending without any move from the complainant to prosecute it.