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    Guevarra Vs Eala Digest

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    Tine Tine
    Respondent, a lawyer and sportscaster, was accused of grossly immoral conduct and unmitigated violation of his lawyer's oath for having an extramarital affair with Irene, who was married to the complainant. The complainant presented evidence of phone calls and messages between Irene and respondent indicating their romantic relationship. Respondent denied flaunting an adulterous relationship but acknowledged a "low profile" special relationship with Irene. The court ruled that respondent should be disbarred for violating his marital vows and lawyer's oath, as extramarital affairs demonstrate disregard for the sanctity of marriage and fitness to practice law, even if discretely carried out.

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    Guevarra Vs Eala Digest

    Uploaded by

    Tine Tine
    383 views1 page
    Respondent, a lawyer and sportscaster, was accused of grossly immoral conduct and unmitigated violation of his lawyer's oath for having an extramarital affair with Irene, who was married to the complainant. The complainant presented evidence of phone calls and messages between Irene and respondent indicating their romantic relationship. Respondent denied flaunting an adulterous relationship but acknowledged a "low profile" special relationship with Irene. The court ruled that respondent should be disbarred for violating his marital vows and lawyer's oath, as extramarital affairs demonstrate disregard for the sanctity of marriage and fitness to practice law, even if discretely carried out.

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    Guevarra vs Eala Digest

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    Respondent, a lawyer and sportscaster, was accused of grossly immoral conduct and unmitigated violation of his lawyer's oath for having an extramarital affair with Irene, who was married to the complainant. The complainant presented evidence of phone calls and messages between Irene and respondent indicating their romantic relationship. Respondent denied flaunting an adulterous relationship but acknowledged a "low profile" special relationship with Irene. The court ruled that respondent should be disbarred for violating his marital vows and lawyer's oath, as extramarital affairs demonstrate disregard for the sanctity of marriage and fitness to practice law, even if discretely carried out.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    383 views1 page

    Guevarra Vs Eala Digest

    Uploaded by

    Tine Tine
    Respondent, a lawyer and sportscaster, was accused of grossly immoral conduct and unmitigated violation of his lawyer's oath for having an extramarital affair with Irene, who was married to the complainant. The complainant presented evidence of phone calls and messages between Irene and respondent indicating their romantic relationship. Respondent denied flaunting an adulterous relationship but acknowledged a "low profile" special relationship with Irene. The court ruled that respondent should be disbarred for violating his marital vows and lawyer's oath, as extramarital affairs demonstrate disregard for the sanctity of marriage and fitness to practice law, even if discretely carried out.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Guevarra vs. Eala, A.C. No.

    7136, August 1, 2007


    Facts: Joselano Guevarra filed a Complaint for Disbarment before the Integrated Bar of the
    Philippines (IBP) Committee on Bar Discipline (CBD) against Atty. Jose Emmanuel M. Eala
    a.k.a. Noli Eala (respondent) for "grossly immoral conduct and unmitigated violation of the
    lawyer's oath."
    The complainant first met respondent in January 2000 when his (complainant's) then-fiancee
    Irene Moje (Irene) introduced respondent Atty. Eala, a lawyer and a sportscaster, to him as her
    friend who was married to Mary Ann Tantoco with whom he had three children.
    After his marriage to Irene, complainant noticed that Irene had been receiving from respondent
    cellphone calls, as well as messages some of which read "I love you," "I miss you," or "Meet you
    at Megamall." He also noticed that Irene habitually went home very late at night or early in the
    morning of the following day, and sometimes did not go home from work. When he asked about
    her whereabouts, she replied that she slept at her parents' house in Binangonan, Rizal or she
    was busy with her work. More so, complainant has seen Irene and respondent together on two
    occasions. On the second occasion, he confronted them following which Irene abandoned the
    conjugal house.
    Moreover, Complainant later found, in the master's bedroom, a folded social card bearing the
    words "I Love You" on its face, which card when unfolded contained a handwritten letter dated
    October 7, 2000, the day of his wedding to Irene. Also, it was revealed that Irene gave birth to a
    girl in 2002 and Irene named respondent in the Certificate of Live Birth as the girl's father.
    In his answer, Respondent specifically denies having ever flaunted an adulterous relationship
    with Irene, the truth of the matter being that their relationship was low profile and known only to
    the immediate members of their respective families. He also said that his special relationship
    with Irene is neither under scandalous circumstances nor tantamount to grossly immoral
    conduct as would be a ground for disbarment.
    Issue: Whether the respondent be disbarred from the practice of Law.
    Held: YES. The case at bar involves a relationship between a married lawyer and a married
    woman who is not his wife. It is immaterial whether the affair was carried out discreetly.
    While it has been held in disbarment cases that the mere fact of sexual relations between two
    unmarried adults is not sufficient to warrant administrative sanction for such illicit behavior, it is
    not so with respect to betrayals of the marital vow of fidelity. Even if not all forms of extra-marital
    relations are punishable under penal law, sexual relations outside marriage is considered
    disgraceful and immoral as it manifests deliberate disregard of the sanctity of marriage and the
    marital vows protected by the Constitution and affirmed by our laws.
    Respondent in fact also violated the lawyer's oath he took before admission to practice law.
    Furthermore, respondent violated Rule 1.01 of Canon 1 of the Code of Professional
    Responsibility which proscribes a lawyer from engaging in "unlawful, dishonest, immoral or
    deceitful conduct," and Rule 7.03 of Canon 7 of the same Code which proscribes a lawyer from
    engaging in any "conduct that adversely reflects on his fitness to practice law."
    As a lawyer, respondent should be aware that a man and a woman deporting themselves as
    husband and wife are presumed, unless proven otherwise, to have entered into a lawful contract
    of marriage. In carrying on an extra-marital affair with Irene prior to the judicial declaration that
    her marriage with complainant was null and void, and despite respondent himself being married,
    he showed disrespect for an institution held sacred by the law. And he betrayed his unfitness to
    be a lawyer.

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