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CESARIO ADARNE v. ATTY. DAMIAN V. ALDABA

This case has been cited 3 times or more.

	AC. NO. 7123 2006-11-20	MARIA DIVINA CRUZ-VILLANUEVA v. ATTY. CARLOS P. RIVERA CARPIO, J.
In administrative proceedings, the complainant has the burden of proving with substantial evidence the allegations in the complaint.[13] Mere allegation is not evidence and is not equivalent to proof.[14]
	AM NO. RTJ-04-1823 2006-08-28	ARCELY Y. SANTOS v. JUDGE UBALDINO A. LACUROM CARPIO, J.
In administrative proceedings, the complainant has the burden of proving by substantial evidence the allegations in the complaint.[26] In this case, complainant failed to prove that respondent judge granted with dispatch all the pleadings of Santos and that respondent judge was responsible for the delay in the execution of the Court of Appeals' decision in Cadastral Case No. 384-AF. Hence, the Court dismisses this particular charge.
	Adm. Case No. 6290 2004-07-14	ANA MARIE CAMBALIZA v. ATTY. ANA LUZ B. CRISTAL-TENORIO DAVIDE JR., CJ.
The IBP correctly found that the charges of deceit and grossly immoral conduct were not substantiated. In disbarment proceedings, the complainant has the burden of proving his case by convincing evidence.[17] With respect to the estafa case which is the basis for the charge of malpractice or other gross misconduct in office, the respondent is not yet convicted thereof. In Gerona vs. Datingaling,[18] we held that when the criminal prosecution based on the same act charged is still pending in court, any administrative disciplinary proceedings for the same act must await the outcome of the criminal case to avoid contradictory findings.