Practice question
The complainant withdraws while the respondent, though duly notified, declines to answer or appear. The file contains documentary evidence requiring evaluation. Counsel claims either the withdrawal compels dismissal or the respondent’s absence compels disbarment without proof. Which is correct?
- The case may proceed ex parte, but liability still depends on the governing evidence standard
- Both automatic positions are required
- The file must be destroyed
- Absence automatically proves every document authentic
- Settlement makes a final judicial finding unnecessary in every case
Legal references
- CPRA AM22-09-01-SC, CanonIV Sections3,7–8; CanonV Section3; CanonVI Sections1,12,16,18,32, issued primary text: https://bir-cdn.bir.gov.ph/local/pdf/RMC%20No.%20123-2023%20Annex%20A.pdf
- VERA LAW v Hechanova, AC13986, February26,2025, MAIN opinion, public-interest discipline and substantial-evidence burden: https://lawphil.net/judjuris/juri2025/feb2025/ac_13986_2025.html
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