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Boyboy vs. Yabut, Jr.

*
Adm. Case No. 5225. April 29, 2003.

SPOUSES WILFREDO BOYBOY and LYDIA BOYBOY,

petitioners, vs. ATTY. VICTORIANO R. YABUT, JR.,
respondent.

Legal Ethics; Attorneys; Disbarment; A mere charge or

allegation of wrongdoing does not suffice—accusation is not
synonymous with guilt; He who alleges must prove his allegations.
—We must emphasize that a mere charge or allegation of
wrongdoing does not suffice. Accusation is not synonymous with
guilt. There must always be sufficient evidence to support the
charge. This brings to the fore the application of the age-old but
familiar rule that he who alleges must prove his allegations. In
the case before us, it is enough for respondent to deny complicity
in the alleged blackmail or extortion, without more, for he is not
under obligation to prove his negative averment, much less to
disprove what has not been proved by complainants. Thus, we
have consistently held that if the complainant/plaintiff, upon
whom rests the burden of proving his cause of action, fails to show
in a satisfactory manner the facts upon which he bases his claim,
the respondent/defendant is under no obligation to prove his
exception or defense.
Same; Same; Same; Evidence; Affidavits; It is not difficult to
manufacture charges in the affidavits, hence it is imperative that
their truthfulness and veracity be tested in the crucible of thorough
examination.—It is all too obvious from the foregoing that there is
a dearth of evidence which would in any way prove the
commission of blackmail and extortion, much less incriminate
respondent for those offenses. Even the baseless postulations in
the affidavits would certainly not carry the day for complainants
in view of their lack of evidentiary value. It is not difficult to
manufacture charges in the affidavits, hence it is imperative that
their truthfulness and veracity be tested in the crucible of
thorough examination. The hornbook doctrine is that unless the
affiants themselves take the witness stand to affirm the
averments in their affidavits, those affidavits must be excluded

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from the proceedings for being inadmissible and hearsay, as in

this case.
Same; Same; Same; Same; Substantial Evidence; The
standard of substantial evidence required in administrative
proceedings is more than a mere scintilla; The assurance of a
desirable flexibility in administrative procedure does not go so far
as to justify orders without basis in evidence having rational
probative force.—The standard of substantial evidence required in
administrative proceedings is more than a mere scintilla. It
means such relevant evidence as a reasonable mind might accept
as adequate to support a conclusion. While rules of evidence
prevailing in courts

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* SECOND DIVISION.

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Boyboy vs. Yabut, Jr.

of law and equity shall not be controlling, the obvious purpose

being to free administrative boards from the compulsion of
technical rules so that the mere admission of matter which would
be deemed incompetent in judicial proceedings would not
invalidate the administrative order, this assurance of a desirable
flexibility in administrative procedure does not go so far as to
justify orders without basis in evidence having rational probative
force.
Same; Same; Same; Same; Same; If complainants could not
even hurdle the low quantum and quality of proof needed to
sustain a finding of probable cause, how could a fact-finder
conclude with definiteness that complainants’ evidence has crossed
the much more rigid threshold of substantial evidence?—Thus, we
are perplexed: If complainants could not even hurdle the low
quantum and quality of proof needed to sustain a finding of
probable cause, how could the CBD-IBP conclude with
definiteness that complainants’ evidence has crossed the much
more rigid threshold of substantial evidence?
Same; Same; Same; Same; Denial; Where denial is set up as a
defense, courts should not at once look upon it with wary eyes for
there are occasions where it could actually be the real and
untarnished truth.—Concededly, respondent’s defense of denial is
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inherently weak. But where denial is set up as a defense, courts

should not at once look upon it with wary eyes for there are
occasions where it could actually be the real and untarnished
truth. Indeed, what other kind of evidence must be adduced by
respondent, who is asserting the non-occurrence of extortion or
blackmail, if not denial?
Same; Same; Same; Same; Where the Committee on Bar
Discipline of the Integrated Bar of the Philippines inexorably
anchored its Report and Recommendation on complainants’
credibility, a trial-type hearing becomes an indispensable
requirement in this case.—There can be no quarrel that the act of
the CBD-IBP in dispensing with the hearing is fairly within the
bounds of permissible legal procedure; for after all, as observed in
the ponencia, “a trial-type hearing is not always de rigueur in
administrative proceedings.” But we emphasize that since the
CBD-IBP inexorably anchored its Report and Recommendation on
complainants’ credibility, a trial-type hearing becomes an
indispensable requirement in this case.
Same; Same; Same; Same; Blackmail; Extortion; An
accusation for blackmail and extortion is a very serious one which,
if properly substantiated, would entail not only the respondent
lawyer’s disbarment from the practice of law, but also a possible
criminal prosecution—a finding of guilt should only come from the
strength of complainant’s evidence, not from the weakness of
respondent’s defense.—An accusation for blackmail and extortion
is a very serious one which, if properly substantiated, would
entail not only respondent’s disbarment from the practice of law,
but also a possible

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Boyboy vs. Yabut, Jr.

criminal prosecution. To be sure, it will take more than mere

pleadings and unreliable affidavits to lend an aura of
respectability and credibility to complainants’ accusations. A
finding of guilt should only come from the strength of
complainants’ evidence, not from the weakness of respondent’s
defense.
Same; Same; Same; Same; Entrapment; Entrapment has been
a tried and tested method of trapping and capturing felons in the
act of committing clandestine crimes, such as sale and distribution
of prohibited drugs, blackmail, extortion and bribery—it can
provide hard-to-dispute real evidence of culpability in the form of
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the marked money.—In this connection, the sad reality in cases of

this nature is that no witness can be called to testify on the
attempts at extortion since no third party is ordinarily involved to
witness the same. What independent evidence can there be in a
situation like this, when the only persons present are the ones
who made the demand and on whom the demand was made? We
need not search far and wide for answers, for it was already given
in the aforecited case of Castaños v. Escaño, Jr. Entrapment has
been a tried and tested method of trapping and capturing felons
in the act of committing clandestine crimes, such as sale and
distribution of prohibited drugs, blackmail, extortion and bribery.
It can provide hard-to-dispute real evidence of culpability in the
form of the marked money. Had complainants pursued the alleged
planned entrapment of respondent, their case could have assumed
an entirely different complexion.
Same; Same; Same; Same; Same; Complainants’ explanation
that they failed to entrap respondent “for lack of funds,” is too lame
and flimsy an excuse as it was not necessary for them to raise the
whole amount allegedly demanded by respondent to set up an
entrapment, for a few genuine bills stuffed with blank papers cut
to resemble money bills mould have been sufficient for the purpose.
—Complainants’ explanation that they failed to entrap
respondent “for lack of funds,” is too lame and flimsy an excuse. It
was not necessary for them to raise the whole amount allegedly
demanded by respondent to set up an entrapment, for a few
genuine bills stuffed with blank papers cut to resemble money
bills would have been sufficient for the purpose. Law enforcement
authorities have employed this standard technique in cases where
the amount demanded by the person to be apprehended is too
substantial. Undoubtedly, Director Balancio of the NBI, who
purportedly suggested the entrapment of respondent, should be
conversant with such technique but, unfortunately, no
explanation was given for not applying the accepted standard
procedure except allegedly “for lack of funds.” This, we say, is
incredible!
Same; Same; Same; Looking at the present instance with an
absolutely objective eye, the Court is not disposed to accept as
gospel truth complainants’ imputation of criminal or
administrative wrongdoing to respon-

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dent lawyer in view of the existence of a wide chasm between the

accusations and proof.—Looking at the present instance with an
absolutely objective eye, we are not disposed to accept as gospel
truth complainants’ imputation of criminal or administrative
wrongdoing to respondent in view of the existence of a wide chasm
between the accusations and proof. The accusations should be
fittingly treated for what they are—mere accusations founded on
speculation and conjecture, if not sheer temerity. For these
reasons, we are unable to yield assent to the Report and
Recommendation of the CBD-IBP, otherwise the decision that
would be handed down would unlock Pandora’s box of abuse.
Perhaps we may not realize it, but lawyers would be at the mercy
of the shrewd, the sinister, and the disgruntled who could very
easily vent their rancor against members of the Bar through the
mere expedient of hurling unsubstantiated—worse, even
malicious and prevaricated—claims. Surely, all lawyers may fall
victims of this vicious scheme.

ADMINISTRATIVE MATTER in the Supreme Court.

Disbarment.

The facts are stated in the opinion of the Court.

     Lorenzito R. Buan for complainants.

BELLOSILLO, J.:

Ei incumbit probatio qui dicit, non qui negat.

“He who asserts, not he who denies,
must prove.”

This administrative case against Atty. Victoriano Yabut,

Jr., stemmed from a complaint filed by spouses Wilfredo
Boyboy and Lydia Boyboy accusing him of blackmail and
extortion, and seeking his disbarment from the practice of
law.
Complainant-spouses alleged that sometime in
November 1999 respondent called complainant Dr. Lydia
Boyboy at her clinic in Angeles City threatening to charge
her with estafa before the NBI and cause the revocation of
her physician’s license unless complainant paid him
P300,000.00 informing her at the same time that he was in
possession of incriminatory evidence against her; on 7
December 1999 respondent went to the clinic of Dr. Boyboy
and personally served on her a subpoena from the NBI
requiring complainants to appear in the investigation of
the case for estafa through falsification of public documents
which respondent filed against the complainants; the
following day, complainant Wilfredo Boyboy visited
respondent at his law office to discuss the case;

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Boyboy vs. Yabut, Jr.

respondent intimidated to Wilfredo Boyboy that he had

already persuaded Atty. Cris Balancio, NBI Director for
Region III, to dismiss the case for a consideration of
P400,000.00.
Complainants further averred that, appalled by the
increased demand, they arranged a meeting with the NBI
Director to inquire about the demand for P400,000.00, and
Atty. Balancio denied having made such a demand and
reacted adversely to the name-dropping of respondent; that
Atty. Balancio recommended an entrapment operation
against respondent but, for lack of funds, the planned
entrapment did not push through. Instead, complainants
only filed a criminal
1
complaint under Art. 282, The Revised
Penal Code, against respondent in connection with the
blackmail and extortion incident.
Respondent denied the charge as unfounded, baseless
and groundless, contending in his Answer that the
disbarment case was deliberately resorted to by
complainants to harass and make even with him as he filed
criminal cases against the complaining spouses, and an
administrative case against Dr. Lydia Boyboy. He narrated
that he came to know complainants only when a certain
Ms. Arlene Sto. Tomas sought his professional services. Ms.
Sto. Tomas was a member of CHAMPUS, the entity
handling the Medicare benefits of U.S. veterans and their
families. He said that Ms. Sto. Tomas discovered that
complainants, among other members of a syndicate,
received US$90,000.00 from CHAMPUS after filing
fictitious medical claims in the name of Ms. Sto. Tomas and
her family.
According to respondent, he agreed to handle the case of
Ms. Sto. Tomas and filed the corresponding criminal cases
for estafa through falsification of public documents and
perjury, and an administrative case for the revocation of
Dr. Boyboy’s license. In fact, complainants tried to
persuade Ms. Sto. Tomas to withdraw the cases against
them but in vain. As Ms. Sto. Tomas showed no sign of
softening her stance against complainants, the latter
started filing cases against her to force her to withdraw the
cases she had filed, and against respondent to force him to
withdraw as counsel for Ms. Sto. Tomas.

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1 Art. 282 punishes the crime of Grave Threats. Blackmailing and

extortion are punished under Art. 283 on Light Threats. See Reyes, The
Revised Penal Code, 1993 Ed., p. 559.

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Boyboy vs. Yabut, Jr.

The Court referred this case to the IBP for its Committee
on Bar Discipline to investigate which thereafter submitted
its Report and Recommendation, which was adopted by the
IBP, for respondent’s suspension from the practice of law
for three (3) months.
After thoroughly going over the records, we feel very
uncomfortable with the recommendation of the Committee
on Bar Discipline of the Integrated Bar of the Philippines
(CBD-IBP). The CBD-IBP may have arrived at its
conclusion on the basis alone of affidavits and pleadings
without any testimonial evidence, contrary to established
procedure, despite the fact that the charges of blackmail
and extortion are factual matters which must be
established and proved with sufficient competent evidence.
We must emphasize that a mere charge or allegation of
wrongdoing does not suffice. Accusation is not synonymous
with guilt. There must always be sufficient evidence to
support the charge. This brings to the fore the application
of the age-old but familiar rule that he who alleges must
prove his allegations. In the case before us, it is enough for
respondent to deny complicity in the alleged blackmail or
extortion, without more, for he is not under obligation to
prove his negative averment, much less to disprove what
has not been proved by complainants. Thus, we have
consistently held that if the complainant/plaintiff, upon
whom rests the burden of proving his cause of action, fails
to show in a satisfactory manner the facts upon which he
bases his claim, the respondent/defendant is under no
obligation to prove his exception or defense.
The records are barren of any evidence that would prove
respondent’s culpability. Other than complainants’ naked
assertion that respondent demanded P300,000.00 from
them which was later allegedly increased to P400,000.00,
in exchange for the dropping of the charges against them
for estafa, no other proof was presented to back up the
accusation. Precisely, the absence of any evidence of
blackmail and extortion prompted the CBD-IBP to resolve
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the case against respondent solely on the self-serving

declarations of the parties set forth in their pleadings. Thus
the Report and Recommendation states—

After a painstaking scrutiny and careful evaluation of the

statements and counter-statements made by the parties in their
respective pleadings, the undersigned finds that complainants
were able to sufficiently establish their charge by a clear
preponderance of evidence (Italics supplied).

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Boyboy vs. Yabut, Jr.

The records lay bare the following documents of

complainants: (a) Annex “A” of the Complaint, which is the
cellular phone number of Atty. Cris Balancio, NBI Director,
Region III; (b) Annex “B” of the Complaint, Complaint-
Affidavit of Dr. Lydia Boyboy; (c) Annex “C” of the
Complaint, Salaysay of Wilfredo Boyboy; (d) Annex “D” of
the Complaint, a newspaper clipping stating that
complainant Dr. Lydia Boyboy was charged with estafa
thru falsification of public documents; (e) Annex “E” of the
Complaint, letter of the Chief Attorney of the Professional
Regulations Commission (PRC) requiring Dr. Boyboy to
submit a counter-affidavit in connection with a complaint
filed against her for unprofessional and/or dishonest
conduct; (f) Annex “A” of the Reply, complainants’ Motion to
Dismiss the charge for perjury filed with the City
Prosecutor of Manila; (g) Annexes “A-1” and “A-2” of the
Reply, Counter-Affidavits of spouses Wilfredo and Lydia
Boyboy; (h) Annex “A-3” of the Reply, Subpoena to Wilfredo
Boyboy issued by the City Prosecutor of Manila in
connection with a perjury case; and, (i) Annexes “B”-“B-4”,
inclusive, of the Reply, Complaint-Affidavit and Reply-
Affidavit of Wilfredo Boyboy.
It is all too obvious from the foregoing that there is a
dearth of evidence which would in any way prove the
commission of blackmail and extortion, much less
incriminate respondent for those offenses. Even the
baseless postulations in the affidavits would certainly not
carry the day for complainants in view of their lack of
evidentiary value. It is not difficult to manufacture charges
in the affidavits, hence it is imperative that their
truthfulness and veracity be tested in the crucible of
thorough examination. The hornbook doctrine is that
unless the affiants themselves take the witness stand to
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affirm the averments in their affidavits, those affidavits

must be excluded from 2
the proceedings for being
inadmissible and hearsay, as in this case.
The standard of substantial evidence required in3
administrative proceedings is more than a mere scintilla.
It means such relevant evidence as a reasonable mind
might accept as adequate to support a conclusion. While
rules of evidence prevailing in courts of law and equity
shall not be controlling, the obvious purpose being to

_______________

2 See People v. Quidato, G.R. No. 117401, 1 October 1998, 297 SCRA 1,
8.
3 Ang Tibay v. The Court of Industrial Relations, 69 Phil. 635 (1940).

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Boyboy vs. Yabut, Jr.

free administrative boards from the compulsion of technical

rules so that the mere admission of matter which would be
deemed incompetent in judicial proceedings would not
invalidate the administrative order, this assurance of a
desirable flexibility in administrative procedure does not go
so far as to justify orders
4
without basis in evidence having
rational probative force.
Lamentably, the evidence against respondent does not
meet the mandated standard. At best, complainants would
indulge in presumptions which, unfortunately, cannot be a
valid basis to slap respondent with administrative
sanctions.
It is relevant to note at this point that on 16 October
2000 the Assistant City Prosecutor of Angeles City
dismissed for lack of probable cause the criminal case
against respondent Atty. Victoriano Yabut, Jr., for violation
of Art. 282 of The Revised Penal Code, in connection with
the alleged blackmail 5
and extortion filed by complainants
against respondent. Relevant excerpts of the Assistant
City Prosecutor’s findings follow—

As regards the accusation against Atty. Yabut, the same would

necessarily fail on the basis alone of the allegation that he made
the demand for money right there in his law office x x x x.
Nevertheless, even assuming “en arguendo” that this case against
Atty. Yabut is given due course, the result would still be the
same. The existence of a very strong motive on the part of Wilfredo

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Boyboy or his wife Dr. Boyboy to get back at him for exposing them
in their “modus operandi” victimizing CHAMPUS beneficiaries,
whether true or not, relegate their accusation to a mere made-up
story or possibly a concoction designed to silence Atty. Yabut.
Doubtful of its commission, as it is, the doubt should always favor
the one accused. In addition, proof of this instant charge is
uncorroborated except the lone statement of Wilfredo Boyboy.
There must be positive proof of a clear and convincing evidence
against Atty. Yabut considering that the charge is a very serious
accusation with far reaching implications x x x x. Therefore,
considering that x x x the evidence are not enough to indict the
respondents of the charge, this Investigation opines6for the outright
dismissal of this case for lack of a prima facie case.

Thus, we are perplexed: If complainants could not even

hurdle the low quantum and quality of proof needed to
sustain a finding of

_______________

4 See Preceding Note.

5 Docketed as I.S. No. 00-0592, Wilfredo Boyboy and Dr. Lydia Boy-boy
v. Atty. Victoriano Yabut, Jr. and Arlene Sto. Tomas.
6 Annex “B”, IBP Records, Vol. III, pp. 11-13.

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probable cause, how could the CBD-IBP conclude with

definiteness that complainants’ evidence has crossed the
much more rigid threshold of substantial evidence?
Concededly, respondent’s defense of denial is inherently
weak. But where denial is set up as a defense, courts
should not at once look upon it with wary eyes for there are
occasions where it could actually be the real and
untarnished truth. Indeed, what other kind of evidence
must be adduced by respondent, who is asserting the non-
occurrence of extortion or blackmail, if not denial?
Quite surprisingly, the very plain terms of the Report
and Recommendation would show in effect that the CBD-
IBP erroneously passed upon the credibility of witnesses—

In the first place, complainants have averred in chronological

order and in a detailed manner the events involved in the charge.
There is hardly any reason to doubt their asseverations as

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they contained details that only an insider or one privy to

the transaction would have known.
Secondly, the undersigned had laboriously searched for
any improper motive on the part of the complainants that
drove them to file the instant suit but found none. The
record, however, shows that complainants and respondent had no
previous acquaintance and did not know each other since Adam.
It was only when Ms. Sto. Tomas was referred to respondent that
the latter came to know for the first time about the complainants
x x x x Such being the case, it would, therefore, be utterly
unthinkable and taxing to the imagination to consider the
instant case as a harassment suit. Hence, it is safe to
conclude that complainants have been genuinely moved by
a serious quest for justice for the wrongful and illicit
conduct as shown by respondent (Bold supplied).

The words now written in bold in the first and second

paragraphs above quoted for emphasis are but puerile
dialectics and conclusions devoid of evidentiary support. It
is significant that in its Order of 21 August 2001, the CBD-
IBP dispensed with a fulldress hearing, i.e., the
presentation of testimonial evidence, purportedly to
expedite the proceedings. Instead, it required the parties to
simply file their respective memoranda and thereafter
submit the 7
case for resolution on the basis of the
pleadings. Thus, there was obviously nothing upon which
an assessment on credi-

_______________

7 See IBP Records, Vol. III, p. 54.

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bility of witnesses may be predicated, since the CBD-IBP

never had the opportunity of hearing the witnesses, or
observing their deportment and manner of testifying.
The oftentimes thin but clear line between fact and
prevarication is not always discernible from a mere reading
of the cold pages of the records. Certainly, only a judge who
had personally heard the witnesses and observed their
demeanor on the stand can arrive at an informed and
intelligent judgment on whom to believe and whom not to
believe.

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There can be no quarrel that the act of the CBD-IBP in

dispensing with the hearing is fairly within the bounds of
permissible legal procedure; for after all, as observed in the
ponencia, “a trial-type hearing is not always de rigueur in
administrative proceedings.” But we emphasize that since
the CBD-IBP inexorably anchored its Report and
Recommendation on complainants’ credibility, a trial-type
hearing becomes an indispensable requirement in this case.
It must be stressed that the CBD-IBP is tasked to look
into and investigate beyond the serious allegations of
wrongdoing purportedly committed by a member of the
Bar, and thereafter recommend the imposition of the
proper administrative penalty upon the culpable party,
when warranted by the evidence. Failure of respondent to
appear at the scheduled hearings despite notices did not
relieve the CBD-IBP of the duty to diligently inquire into
the factual assertions of complainants in their pleadings
and affidavits. Ordinary prudence dictates that it should
have proceeded with the hearings and accordingly received
ex parte the testimonial evidence of complainants. If
respondent failed to appear once or twice because he was
abroad “to have a thorough medical check-up and the long
awaited relaxation from hectic schedules,” he should have
been warned that if he should not appear again the
evidence of the complainants would be received ex parte
and he may be considered to have waived his right to
appear and present his evidence thereafter. But no such
warning appears to have been made before this case was
eventually decided on the merits.
Considering the dismal state of complainants’
“evidence,” we cannot rule out the possibility that, as
asserted by respondent, the instant disbarment case was
ill-motivated being retaliatory in nature and aimed at
striking back at him for having filed the criminal case for
estafa and an administrative case for grave mis-

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Boyboy vs. Yabut, Jr.

conduct, dishonesty and malpractice against Dr. Lydia

Boyboy. Verily, respondent’s fears of being “stricken back”
may just as well be viewed as good and equally plausible as
the blackmail and extortion alleged by complainants but
which have not been established with an iota of evidence or
any degree of certitude.

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We can only echo in8 principle our admonition in

Castaños v. Escaño, Jr., which although involving a
bribery charge against a judge, may nevertheless apply by
analogy in the present recourse:

An accusation of bribery is easy to concoct and difficult to

disprove. Thus, to our mind, the complainant must present a
panoply of evidence in support of such an accusation. Inasmuch as
what is imputed against the respondent judge connotes a
misconduct so grave that, if proven, it would entail dismissal from
the bench, the quantum of proof required should be more than
substantial. We have held in the case of Lopez v. Fernandez that:

“Numerous administrative charges against erring judges have come to

this Court and We viewed them with utmost care, because proceedings of
this character, according to In Re Horrilleno, as set forth in the opinion of
Justice Malcolm, are in their nature, highly penal in character and are to
be governed by the rules applicable to criminal cases. The charges must
therefore, be proved beyond a reasonable doubt. This 1992 decision has
been subsequently adhered to in a number of cases decided by this
Court.”

x x x x In order that the allegation of a charge of this nature

may not be considered a fairy tale, evidence other than the
doubtful and questionable verbal testimony of a lone witness
should be adduced. Entrapment should have been pursued.
Evidence of a reasonable report to police authorities should have
been presented. Record of where the bribe money came from, its
specific denominations and the manner respondent accepted and
disposed of it should have been clearly shown (italics supplied for
emphasis).

So must it be in the instant case. An accusation for

blackmail and extortion is a very serious one which, if
properly substantiated, would entail not only respondent’s
disbarment from the practice of law, but also a possible
criminal prosecution. To be sure, it will take more than
mere pleadings and unreliable affidavits to lend an aura of
respectability and credibility to complainants’ accusations.

_______________

8 Adm. Matter No. RTJ-93-955, 251 SCRA 174, 184-185, 191.

633

VOL. 401, APRIL 29, 2003 633

Boyboy vs. Yabut, Jr.

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A finding of guilt should only come from the strength of

complainants’ evidence, not from the weakness of
respondent’s defense.
In this connection, the sad reality in cases of this nature
is that no witness can be called to testify on the attempts at
extortion since no third party is ordinarily involved to
witness the same. What independent evidence can there be
in a situation like this, when the only persons present are
the ones who made the demand and on whom the demand
was made?
We need not search far and wide for answers, for it was
already given in the aforecited case of Castaños v. Escaño,
Jr. Entrapment has been a tried and tested method of
trapping and capturing felons in the act of committing
clandestine crimes, such as sale and distribution of
prohibited drugs, blackmail, extortion and bribery. It can
provide hard-to-dispute real evidence of culpability in the
form of the marked money. Had complainants pursued the
alleged planned entrapment of respondent, their case could
have assumed an entirely different complexion.
Complainants’ explanation that they failed to entrap
respondent “for lack of funds,” is too lame and flimsy an
excuse. It was not necessary for them to raise the whole
amount allegedly demanded by respondent to set up an
entrapment, for a few genuine bills stuffed with blank
papers cut to resemble money bills would have been
sufficient for the purpose. Law enforcement authorities
have employed this standard technique in cases where the
amount demanded by the person to be apprehended is too
substantial. Undoubtedly, Director Balancio of the NBI,
who purportedly suggested the entrapment of respondent,
should be conversant with such technique but,
unfortunately, no explanation was given for not applying
the accepted standard procedure except allegedly “for lack
of funds.” This, we say, is incredible!
Even more strange is the fact that Director Balancio was
not even presented to testify in behalf of complainants to
prove at least that the supposed “blackmail” or “extortion”
was reported to him, and that complainants indeed sought
his help relative thereto.
Looking at the present instance with an absolutely
objective eye, we are not disposed to accept as gospel truth
complainants’ imputation of criminal or administrative
wrongdoing to respondent in view of the existence of a wide
chasm between the accusations and proof. The accusations
should be fittingly treated for what they are—mere
accusations founded on speculation and conjecture, if

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634 SUPREME COURT REPORTS ANNOTATED

Boyboy vs. Yabut, Jr.

not sheer temerity. For these reasons, we are unable to

yield assent to the Report and Recommendation of the
CBD-IBP, otherwise the decision that would be handed
down would unlock Pandora’s box of abuse. Perhaps we
may not realize it, but lawyers would be at the mercy of the
shrewd, the sinister, and the disgruntled who could very
easily vent their rancor against members of the Bar
through the mere expedient of hurling unsubstantiated—
worse, even malicious and prevaricated—claims. Surely, all
lawyers may fall victims of this vicious scheme.
WHEREFORE, the instant administrative complaint for
disbarment against respondent ATTY. VICTORIANO R.
YABUT, JR., is DISMISSED.
SO ORDERED.

     Quisumbing, Austria-Martinez and Callejo, Sr., JJ.,

concur.

Complaint dismissed.

Notes.—Entrapment was unknown in common law—it

is a judicially created twentieth-century American doctrine
that evolved from the use of informers and undercover
agents in the detection of crimes, particularly liquor and
narcotics offense. (People vs. Doria, 301 SCRA 668 [1999])
The supreme penalty of disbarment is meted out only in
clear cases of misconduct that seriously affect the standing
and character of the lawyer as an officer of the court.
(Saburnido vs. Madroño, 366 SCRA 1 [2001])

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635

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