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Philippine Bar review · Question

Practice question: Not Subject to Desistance or Compromise

Multiple Choice Hard

Practice question

A complainant files a notarized desistance stating the dispute was a misunderstanding. The respondent asks automatic dismissal; the record contains independently verifiable evidence of professional misconduct. Which is best?
  1. Continue the appropriate assessment rather than treating desistance as automatic termination
  2. Notarization gives the complainant power to override the Court
  3. Independent evidence becomes inadmissible solely because of desistance
  4. The respondent is automatically guilty because desistance occurred
  5. The private agreement fixes the disciplinary sanction conclusively

Legal references

  • Vera Law v. Hechanova, A.C. 13986, February 26, 2025, MAIN decision: https://lawphil.net/judjuris/juri2025/feb2025/ac_13986_2025.html

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