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Question
In a verified complaint filed with the Supreme Court for professional misconduct against Atty. Mateo Cruz for deceit and gross neglect in administering a client's estate and in a contested sale of property, the client later files desistance and compromise, proposing to withdraw the complaint in exchange for repayment of fees and full restitution. The Bar Discipline Office is inclined to dismiss the case on the ground of desistance. With reference to Not Subject to Desistance or Compromise - Sec. 16: (a) identify the controlling doctrine and its rationale; (b) distinguish this rule from desistance or compromise in ordinary civil or criminal actions; (c) apply the rule to the facts: should the case be dismissed or proceed, and what are the possible outcomes if the evidence sustains or fails to sustain the charge?