Burden of proof in disbarment and suspension proceedings

"x x x.
The burden of proof in disbarment and suspension proceedings always rests on the complainant. The Court exercises its disciplinary power only if the complainant establishes the complaint by clearly preponderant evidence that warrants the imposition of the harsh penalty. As a rule, an attorney enjoys the legal presumption that he is innocent of the charges made against him until the contrary is proved. An attorney is further presumed as an officer of the Court to have performed his duties in accordance with his oath.18

In the cases at bench, the Court finds the evidentiary records to be inconclusive, thus, insufficient to hold the respondents liable for the acts alleged in the complaint.

x x x."


See -
RAUL C. LANUZA and
REYNALDO C. RASING,
Complainants,
- versus -
A TTYS. FRANKIE 0. MA GSA LIN
III and PABLO R. CRUZ,
Respondents.
A.C. No. 7687, Dec. 3, 2014.