FRANCISCO TEJADA, COMPLAINANT, VS. VICENTE ACSAY, RESPONDENT.

Francisco Tejada, in his administrative
complaint and supporting affidavit both verified on June 16, 1969, charged lawyer Vicente Acsay with negligence (amounting to gross misconduct) in
not filing, in behalf of Tejada, a case against
Enrique de Leon who was indebted to Tejada in the sum
of P8,000.  Tejada paid P200 to Acsay in May
or June, 1967 so that the case could be filed.

Tejada alleged that Acsay
fraternized with De Leon and that because Acsay did
not sue De Leon, he (Tejada) hired another lawyer in
May, 1969 to file the case, Civil Case No. 11832, Tejada
vs. De Leon, in the Court of First Instance of Rizal
but the writ of attachment issued in that case could not be enforced because De
Leon had sold his house and lot on March 9, 1968 and he had no other properties
that could be attached.

Respondent Acsay in his 16-page answer
denied the charge.  He recounted in
detail the extrajudicial measures which he utilized with Tejada’s
knowledge in order that De Leon would settle out of court his liability to Tejada.  Acsay sent demand letters to De Leon.

The complaint was referred to the Solicitor General for
investigation, report and recommendation. 
On June 4, 1974 Tejada filed a motion for the withdrawal of his
complaint.  He alleged therein that he
was satisfied that Acsay had not been lax, negligent nor unmindful of his obligation to Tejada
and that the collection case filed against De Leon
was compromised.

Tejada took the witness stand to ratify
his motion for the withdrawal of his complaint. 
The Solicitor General recommends that this disbarment case be dismissed.

Finding that recommendation to be in order, the instant
administrative case is dismissed and considered closed.

SO ORDERED.

Barredo, (Chairman), Concepcion, Jr., Abad Santos, and De Castro, JJ., concur.