CATALINO T. SAPADEN, COMPLAINANT, VS. FEDERICO S. TOLENTINO, RESPONDENT.

Catalino T. Sapaden
in a verified complaint dated August
24, 1978 charged lawyer Federico S. Tolentino
with malicious prosecution and having thus violated his attorney’s oath.

Tolentino in his answer denied the
charge.  The case was referred to the Solicitor
General for investigation, report and recommendation.

The record discloses that Tolentino
assisted his client, Jose Cancio, Jr., in filing on October 8, 1976 a complaint for estafa against Sapaden in the
municipal court of Guagua, Pampanga
(Criminal Case No. 7343).

It was alleged that Sapaden
misappropriated the proceeds of the sale of 265 bags of cement which Cancio had entrusted to Sapaden
for sale on commission.

After conducting the corresponding preliminary examination, the
municipal court issued a warrant for the arrest of Sapaden,
fixing the bail at two thousand pesos.  Sapaden was arrested on November 10, 1976 in his office at the Marinduque Mining and Industrial Corporation in Makati, Metro Manila where he was
employed as assistant manager of the purchasing-traffic department.  He was brought to San
Fernando, Pampanga and
detained in jail for two days before he was released on bail.

The estafa case was elevated to the
Court of First Instance of Pampanga, Guagua Branch II where it is still being tried (Criminal
Case No. 1214).

The issue is whether respondent Tolentino
committed a gross misconduct in assisting his client in filing an estafa charge which, according to Sapaden,
was fabricated.

We find that respondent lawyer acted in good faith in helping Cancio file the estafa charge and
that he regularly performed his professional duty to Cancio.  That cannot be a ground for disbarment.

Sapaden’s claim that he was framed up
by the respondent was not proven.  The
municipal court found that there was a prima facie case against Sapaden or that there was a reasonable ground to believe
that he committed estafa.  In fact, up to this time, he has not been
exonerated of the estafa charge.

WHEREFORE, the complaint for disbarment is dismissed.

SO ORDERED.

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