THIRD DIVISION
[A.C. No. 13489. July 13, 2022.]
LOVIELYN O. AGUILAR, complainant,vs. ATTY. HILARY JUNE E. DE LA PEÑA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJuly 13, 2022, which reads as follows:
"A.C. No. 13489 (Lovielyn O. Aguilar, complainant, v. Atty. Hilary June E. De La Peña, respondent). — This is an administrative complaint for disbarment filed by complainant Lovielyn O. Aguilar (Aguilar) against respondent Atty. Hilary June E. De La Peña (Atty. De La Peña) of the Public Attorney's Office at the Tanggapan ng Manananggol Pambayan, Department of Justice, Hall of Justice Building, Camambugan Daet, Camarines Norte.
In her Affidavit of Complaint, 1 Aguilar alleges that Atty. De La Peña notarized the sworn statements of Spouses Daniel O. Pajarin and Arlene Pajarin and their witnesses, Jonathan Sismundo, Rommel Hubilla, and Anabel Asis, without them personally appearing before her.
It is settled that in administrative proceedings, the complainant has the burden of proving with substantial evidence the allegations in the complaint. Mere allegation is not evidence and is not equivalent to proof. 2
After reviewing the records of the case, the Court finds no basis to support Aguilar's allegations against Atty. De La Peña. In addition, the Complaint suffers from procedural defects that warrant its dismissal.
ACCORDINGLY, for lack of a prima facie case, the Court hereby DISMISSES the administrative complaint against Atty. De La Peña.
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1. Rollo, pp. 2-4.
2. Spouses Chua v. Tan-Sollano, 810 Phil. 365, 367 (2017) citing Cruz-Villanueva v. Atty. Rivera, 537 Phil. 409, 414-415 (2006).