[ Adm. Case No. 1354. October 24, 1983 ]

[ Adm. Case No. 1354. October 24, 1983 ]

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SECOND DIVISION

[ Adm. Case No. 1354. October 24, 1983 ]

COSME ROSELL, COMPLAINANT, VS. JOSE E. FANTONIAL, RESPONDENT.

R E S O L U T I O N

AQUINO, J.:

Cosme Rosell on August 14, 1974 filed against his son-in-law, lawyer Jose E. Fantonial (admitted to the bar in 1955), a verified complaint for dis­barment for conduct unbecoming a member of the bar.

Fantonial and his wife, Marcosa Rosell, answered the complaint. The case was referred to the Solicitor General for investigation, report and recommendation.

In his report of April 16, 1983, the Solicitor General recommended the dismissal of the complaint. Rosell died on May 8, 1975. He was substituted by his surviving spouse, Fausta Yuson, and three of his six children named Lorenzo, Wilfredo and Rosario, all surnamed Rosell.

Respondent Fantonial died on May 5, 1983. In view of his death, this case is considered closed and terminated. (Actio personalis moritur cum persona.)

SO ORDERED.

Makasiar, (Chairman), Guerrero, Abad Santos, and Escolin, JJ., concur.

Concepcion, Jr., and De Castro, JJ., on leave.