Affidavit of Desistance

Within the field of administrative law, while strict rules of evidence are not applicable to quasi-judicial proceedings, nevertheless, in adducing evidence constitutive of substantial evidence, the basic rule that mere allegation is not evidence cannot be disregarded. [Narazo v. Employees’ Compensation Commission, G.R. No. 80157, 6 February 1990, 181 SCRA 874, 877; Government Service Insurance System v. Court of Appeals, 357 Phil. 511, 529 (1998)]

In Gaviola v. Salcedo, which involved an administrative case for suspension or disbarment against a lawyer, this Court gave probative value to the Affidavit of Desistance of the complainant, pronouncing that while the filing of an Affidavit of Desistance by the complainant for lack of interest does not ipso facto result in the termination of the administrative case, it was constrained to dismiss the charges since such charges cannot be proven without the evidence of the complainant and her witnesses.  Such is the case at bar.  Essentially, the administrative case against Bungubung was based on the allegations made by Doromal in his Affidavit-Complaint, without which, the case against Bungubung collapses.

As this Court declared in Ang Tibay v. Court of Industrial Relations, [69 Phil. 635 (1940)] the assurance of a desirable flexibility in administrative procedure does not go so far as to justify orders without a basis in evidence having rational probative force.


About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Administrative Law, Evidence and tagged , , , . Bookmark the permalink.

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