A.C. No.

6313             September 7, 2006

CATHERINE JOIE P. VITUG, complainant,

vs.
ATTY. DIOSDADO M. RONGCAL, respondent.

DECISION

TINGA, J.:

The allegations raised in this complaint for disbarment are more sordid, if not tawdry, from the usual.
As such, close scrutiny of these claims is called for. Disbarment and suspension of a lawyer, being
the most severe forms of disciplinary sanction, should be imposed with great caution and only in
those cases where the misconduct of the lawyer as an officer of the court and a member of the bar is
established by clear, convincing and satisfactory proof.1

Under consideration is the administrative complaint for disbarment filed by Catherine Joie P. Vitug
(complainant) against Atty. Diosdado M. Rongcal (respondent). A classic case of "he said, she said,"
the parties' conflicting versions of the facts as culled from the records are hereinafter presented.

Complainant narrates that she and respondent met sometime in December 2000 when she was
looking for a lawyer to assist her in suing Arnulfo Aquino ("Aquino"), the biological father of her minor
daughter, for support. Her former classmate who was then a Barangay Secretary referred her to
respondent. After several meetings with complainant, respondent sent a demand letter2 in her behalf
to Aquino wherein he asked for the continuance of the monthly child support Aquino used to give,
plus no less than P300,000.00 for the surgical operation their daughter would need for her
congenital heart ailment.

At around this point, by complainant's own admission, she and respondent started having a sexual
relationship. She narrates that this twist in the events began after respondent started calling on her
shortly after he had sent the demand letter in her behalf. Respondent allegedly started courting her,
giving her financial aid. Soon he had progressed to making sexual advances towards complainant,
to the accompaniment of sweet inducements such as the promise of a job, financial security for her
daughter, and his services as counsel for the prospective claim for support against Aquino.
Complainant acknowledges that she succumbed to these advances, assured by respondent's claim
that the lawyer was free to marry her, as his own marriage had already been annulled.

On 9 February 2001, respondent allegedly convinced complainant to sign an Affidavit of

Disclaimer3 ("Affidavit") categorically stating that even as Aquino was denoted as the father in the
birth certificate4 of her daughter, he was, in truth, not the real father. She was not allowed to read the
contents of the Affidavit, she claims. Respondent supposedly assured her that the document meant
nothing, necessary as it was the only way that Aquino would agree to give her daughter medical and
educational support. Respondent purportedly assured complainant that despite the Affidavit, she
could still pursue a case against Aquino in the future because the Affidavit is not a public document.
Because she completely trusted him at this point, she signed the document "without even taking a
glance at it."5

On 14 February 2001, respondent allegedly advised complainant that Aquino gave him P150,000.00
cash and P58,000.00 in two (2) postdated checks to answer for the medical expenses of her
daughter. Instead of turning them over to her, respondent handed her his personal check6 in the
amount of P150,000.00 and promised to give her the balance of P58,000.00 soon thereafter.
However, sometime in April or May 2001, respondent informed her that he could not give her the
said amount because he used it for his political campaign as he was then running for the position of
Provincial Board Member of the 2nd District of Pampanga.

Complainant maintains that inspite of their sexual relationship and the fact that respondent kept part
of the money intended for her daughter, he still failed in his promise to give her a job. Furthermore,
he did not file the case against Aquino and referred her instead to Atty. Federico S. Tolentino, Jr.
("Atty. Tolentino").

Sometime in 2002, assisted by Atty. Tolentino, complainant filed a criminal case for child abuse as
well as a civil case against Aquino. While the criminal case was dismissed, the civil case was
decided on 30 August 2004 by virtue of a compromise agreement.7 It was only when said cases
were filed that she finally understood the import of the Affidavit.

Complainant avers that respondent failed to protect her interest when he personally prepared the
Affidavit and caused her to sign the same, which obviously worked to her disadvantage. In making
false promises that all her problems would be solved, aggravated by his assurance that his marriage
had already been annulled, respondent allegedly deceived her into yielding to his sexual desires.
Taking advantage of the trust and confidence she had in him as her counsel and paramour, her
weak emotional state, and dire financial need at that time, respondent was able to appropriate for
himself money that rightfully belonged to her daughter. She argues that respondent's
aforementioned acts constitute a violation of his oath as a lawyer as well as the Code of Professional
Responsibility ("Code"), particularly Rule 1.01, Rule 1.02, Rule 16.01, Rule 16.02, and Canon
7.8 Hence, she filed the instant complaint9 dated 2 February 2004.

Expectedly, respondent presents a different version. According to him, complainant needed a lawyer
who would file the aforementioned action for support. Complainant's former high school classmate
Reinilda Bansil Morales, who was also his fellow barangay official, referred her to him. He admits
sending a demand letter to her former lover, Aquino, to ask support for the child.10 Subsequently, he
and Aquino communicated through an emissary. He learned that because of Aquino's infidelity, his
relationship with his wife was strained so that in order to settle things the spouses were willing to
give complainant a lump sum provided she would execute an affidavit to the effect that Aquino is not
the father of her daughter.

Respondent relayed this proposal to complainant who asked for his advice. He then advised her to
study the proposal thoroughly and with a practical mindset. He also explained to her the pros and
cons of pursuing the case. After several days, she requested that he negotiate for an out-of-court
settlement of no less than P500,000.00. When Aquino rejected the amount, negotiations ensued
until the amount was lowered to P200,000.00. Aquino allegedly offered to issue four postdated
checks in equal amounts within four months. Complainant disagreed. Aquino then proposed to
rediscount the checks at an interest of 4% a month or a total of P12,000.00. The resulting amount
was P188,000.00.

Complainant finally agreed to this arrangement and voluntarily signed the Affidavit that respondent
prepared, the same Affidavit adverted to by complainant. He denies forcing her to sign the document
and strongly refutes her allegation that she did not know what the Affidavit was for and that she
signed it without even reading it, as he gave her the draft before the actual payment was made. He
notes that complainant is a college graduate and a former bank employee who speaks and
understands English. He likewise vehemently denies pocketing P58,000.00 of the settlement
proceeds. When complainant allegedly signed the Affidavit, the emissary handed to her the sum
of P150,000.00 in cash and she allegedly told respondent that he could keep the
remaining P38,000.00, not P58,000.00 as alleged in the complaint. Although she did not say why, he
assumed that it was for his attorney's fees.
As regards their illicit relationship, respondent admits of his sexual liaison with complainant. He,
however, denies luring her with sweet words and empty promises. According to him, it was more of a
"chemistry of (sic) two consensual (sic) adults,"11 complainant then being in her thirties. He denies
that he tricked her into believing that his marriage was already annulled. Strangely, respondent
devotes considerable effort to demonstrate that complainant very well knew he was married when
they commenced what was to him, an extra-marital liaison. He points out that, first, they had met
through his colleague, Ms. Morales, a friend and former high school classmate of hers. Second, they
had allegedly first met at his residence where she was actually introduced to his wife. Subsequently,
complainant called his residence several times and actually spoke to his wife, a circumstance so
disturbing to respondent that he had to beg complainant not to call him there. Third, he was the
Punong Barangay from 1994 to 2002, and was elected President of the Association of Barangay
Council ("ABC") and as such was an ex-officio member of the Sangguniang Bayan of Guagua,
Pampanga. He ran for the position of Provincial Board Member in 2001. Thus, he was known in his
locality and it was impossible for complainant not to have known of his marital status especially that
she lived no more than three (3) kilometers away from his house and even actively helped him in his
campaign.

Respondent further alleges that while the demand for support from Aquino was being worked out,
complainant moved to a rented house in Olongapo City because a suitor had promised her a job in
the Subic Naval Base. But months passed and the promised job never came so that she had to
return to Lubao, Pampanga. As the money she received from Aquino was about to be exhausted,
she allegedly started to pester respondent for financial assistance and urged him to file the Petition
for Support against Aquino. While respondent acceded to her pleas, he also advised her "to look for
the right man"12 and to stop depending on him for financial assistance. He also informed her that he
could not assist her in filing the case, as he was the one who prepared and notarized the Affidavit.
He, however, referred her to Atty. Tolentino.

In August 2002, respondent finally ended his relationship with complainant, but still he agreed to give
her monthly financial assistance of P6,000.00 for six (6) months. Since then, they have ceased to
meet and have communicated only through an emissary or by cellphone. In 2003, complainant
begged him to continue the assistance until June when her alleged fiancé from the United States
would have arrived. Respondent agreed. In July 2003, she again asked for financial assistance for
the last time, which he turned down. Since then he had stopped communicating to her.

Sometime in January 2004, complainant allegedly went to see a friend of respondent. She told him
that she was in need of P5,000.00 for a sari-sari store she was putting up and she wanted him to
relay the message to respondent. According to this friend, complainant showed him a prepared
complaint against respondent that she would file with the Supreme Court should the latter not
accede to her request. Sensing that he was being blackmailed, respondent ignored her demand.
True enough, he alleges, she filed the instant complaint.

On 21 July 2004, the case was referred to the Integrated Bar of the Philippines ("IBP") for
investigation, report and recommendation.13 After the parties submitted their respective position
papers and supporting documents, the Investigating Commissioner rendered his Report and
Recommendation14 dated 2 September 2005. After presenting the parties' conflicting factual
versions, the Investigating Commissioner gave credence to that of complainant and concluded that
respondent clearly violated the Code, reporting in this wise, to wit:

Respondent, through the above mentioned acts, clearly showed that he is wanting in good
moral character, putting in doubt his professional reputation as a member of the BAR and
renders him unfit and unworthy of the privileges which the law confers to him. From a lawyer,
are (sic) expected those qualities of truth-speaking, high sense of honor, full candor,
 intellectual honesty and the strictest observance of fiduciary responsibility all of which
throughout the passage of time have been compendiously described as MORAL
CHARACTER.

Respondent, unfortunately took advantage and (sic) every opportunity to entice complainant
to his lascivious hungerness (sic). On several occasions[,] respondent kept on calling
complainant and dropped by her house and gave P2,000.00 as aid while waiting allegedly
for the reply of (sic) their demand letter for support. It signals the numerous visits and regular
calls all because of [l]ewd design. He took advantage of her seeming financial woes and
emotional dependency.

xxxx

Without doubt, a violation of the high moral standards of the legal profession justifies the
impositions (sic) of the appropriate penalty, including suspension and disbarment. x x x15

It was then recommended that respondent be suspended from the practice of law for six (6) months
and that he be ordered to return to complainant the amount of P58,000.00 within two months. The
IBP Board of Governors adopted and approved the said Report and Recommendation in a
Resolution16 dated 17 December 2005, finding the same to be fully supported by the evidence on
record and the applicable laws and rules, and "considering Respondent's obviously taking
advantage of the lawyer-client relationship and the financial and emotional problem of his client and
attempting to mislead the Commission,"17 respondent was meted out the penalty of suspension for
one (1) year with a stern warning that a repetition of similar acts will merit severe sanctions. He was
likewise ordered to return P58,000.00 to complainant.

Respondent filed a Motion for Reconsideration with Motion to Set Case for Clarificatory
Questioning18 ("Motion") dated 9 March 2006 with the IBP and a Motion to Reopen/Remand Case for
Clarificatory Questioning dated 22 March 2006 with the Supreme Court. He reiterates his own
version of the facts, giving a more detailed account of the events that transpired between him and
complainant. Altogether, he portrays complainant as a shrewd and manipulative woman who
depends on men for financial support and who would stop at nothing to get what she wants. Arguing
that the IBP based its Resolution solely on complainant's bare allegations that she failed to prove by
clear and convincing evidence, he posits the case should be re-opened for clarificatory questioning
in order to determine who between them is telling the truth.

In a Resolution19 dated 27 April 2006, the IBP denied the Motion on the ground that it has no more
jurisdiction over the case as the matter had already been endorsed to the Supreme Court.

While we find respondent liable, we adjudicate the matter differently from what the IBP has
recommended.

On the charge of immorality, respondent does not deny that he had an extra-marital affair with
complainant, albeit brief and discreet, and which act is not "so corrupt and false as to constitute a
criminal act or so unprincipled as to be reprehensible to a high degree"20 in order to merit disciplinary
sanction. We disagree.

One of the conditions prior to admission to the bar is that an applicant must possess good moral
character. Said requirement persists as a continuing condition for the enjoyment of the privilege of
law practice, otherwise, the loss thereof is a ground for the revocation of such privilege.21 As officers
of the court, lawyers must not only in fact be of good moral character but must also be seen to be of
good moral character and leading lives in accordance with the highest moral standards of the
community.22 The Court has held that to justify suspension or disbarment the act complained of must
not only be immoral, but grossly immoral.23 A grossly immoral act is one that is so corrupt and false
as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high
degree.24 It is a willful, flagrant, or shameless act that shows a moral indifference to the opinion of the
good and respectable members of the community.25

While it is 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,26 it is not
so with respect to betrayals of the marital vow of fidelity.27 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.28

By his own admission, respondent is obviously guilty of immorality in violation of Rule 1.01 of the
Code which states that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct. The next question to consider is whether this act is aggravated by his alleged deceitful
conduct in luring complainant who was then in low spirits and in dire financial need in order to satisfy
his carnal desires. While the IBP concluded the question in the affirmative, we find otherwise.

Complainant's allegations that she succumbed to respondent's sexual advances due to his promises
of financial security and because of her need for legal assistance in filing a case against her former
lover, are insufficient to conclude that complainant deceived her into having sexual relations with
her. Surely, an educated woman like herself who was of sufficient age and discretion, being at that
time in her thirties, would not be easily fooled into sexual congress by promises of a job and of free
legal assistance, especially when there is no showing that she is suffering from any mental or
physical disability as to justify such recklessness and/or helplessness on her part.29 Respondent's
numerous visits and regular calls to complainant do not necessarily prove that he took advantage of
her. At best, it proves that he courted her despite being a married man, precisely the fact on which
the finding of immorality is rooted. Moreover, the circumstance that he gave her P2,000.00 as aid
does not induce belief that he fueled her financial dependence as she never denied pleading with, if
not badgering, him for financial support.

Neither does complainant's allegation that respondent lied to her about his marital status inspire
belief. We find credence in respondent's assertion that it was impossible for her not to have known of
his subsisting marriage. She herself admitted that they were introduced by her friend and former
classmate, Ms. Morales who was a fellow barangay official of respondent. She admitted that she
knew his residence phone number and that she had called him there. She also knew that
respondent is an active barangay official who even ran as Provincial Board Member in 2001.
Curiously, she never refuted respondent's allegations that she had met and talked to his wife on
several occasions, that she lived near his residence, that she helped him in his campaign, or that
she knew a lot of his friends, so as not to have known of his marital status. Considering that she
previously had an affair with Aquino, who was also a married man, it would be unnatural for her to
have just plunged into a sexual relationship with respondent whom she had known for only a short
time without verifying his background, if it were true that she preferred "to change [her] life for the
better,"30 as alleged in her complaint. We believe that her aforementioned allegations of deceit were
not established by clear preponderant evidence required in disbarment cases.31 We are left with the
most logical conclusion that she freely and wittingly entered into an illicit and immoral relationship
with respondent sans any misrepresentation or deceit on his part.

Next, complainant charged respondent of taking advantage of his legal skills and moral control over
her to force her to sign the clearly disadvantageous Affidavit without letting her read it and without
explaining to her its repercussions. While acting as her counsel, she alleged that he likewise acted
as counsel for Aquino.

We find complainant's assertions dubious. She was clearly in need of financial support from Aquino
especially that her daughter was suffering from a heart ailment. We cannot fathom how she could
abandon all cares to respondent who she had met for only a couple of months and thereby risk the
welfare of her child by signing without even reading a document she knew was related to the support
case she intended to file. The Affidavit consists of four short sentences contained in a single page. It
is unlikely she was not able to read it before she signed it.

Likewise obscure is her assertion that respondent did not fully explain to her the contents of the
Affidavit and the consequences of signing it. She alleged that respondent even urged her "to use her
head as Arnulfo Aquino will not give the money for Alexandra's medical and educational support if
she will not sign the said Affidavit of Disclaimer."32 If her own allegation is to be believed, it shows
that she was aware of the on-going negotiation with Aquino for the settlement of her claim for which
the latter demanded the execution of the Affidavit. It also goes to show that she was pondering on
whether to sign the same. Furthermore, she does not deny being a college graduate or that she
knows and understands English. The Affidavit is written in short and simple sentences that are
understandable even to a layman. The inevitable conclusion is that she signed the Affidavit
voluntarily and without any coercion whatsoever on the part of respondent.

The question remains as to whether his act of preparing and notarizing the Affidavit, a document
disadvantageous to his client, is a violation of the Code. We rule in the negative.

It was not unlawful for respondent to assist his client in entering into a settlement with Aquino after
explaining all available options to her. The law encourages the amicable settlement not only of
pending cases but also of disputes which might otherwise be filed in court.33 Moreover, there is no
showing that he knew for sure that Aquino is the father of complainant's daughter as paternity
remains to be proven. As complainant voluntarily and intelligently agreed to a settlement with
Aquino, she cannot later blame her counsel when she experiences a change of heart. Besides, the
record is bereft of evidence as to whether respondent also acted as Aquino's counsel in the
settlement of the case. Again, we only have complainant's bare allegations that cannot be
considered evidence.34 Suspicion, no matter how strong, is not enough. In the absence of contrary
evidence, what will prevail is the presumption that the respondent has regularly performed his duty in
accordance with his oath.35

Complainant further charged respondent of misappropriating part of the money given by Aquino to
her daughter. Instead of turning over the whole amount, he allegedly issued to her his personal
check in the amount of P150,000.00 and pocketed the remaining P58,000.00 in violation of his
fiduciary obligation to her as her counsel.

The IBP did not make any categorical finding on this matter but simply ordered respondent to return
the amount of P58,000.00 to complainant. We feel a discussion is in order.

We note that there is no clear evidence as to how much Aquino actually gave in settlement of
complainant's claim for support. The parties are in agreement that complainant received the amount
of P150,000.00. However, complainant insists that she should have received more as there were
two postdated checks amounting to P58,000.00 that respondent never turned over to her.
Respondent essentially agrees that the amount is in fact more than P150,000.00 – but
only P38,000.00 more – and complainant said he could have it and he assumed it was for his
attorney's fees.
We scrutinized the records and found not a single evidence to prove that there existed two
postdated checks issued by Aquino in the amount of P58,000.00. On the other hand, respondent
admits that there is actually an amount of P38,000.00 but presented no evidence of an agreement
for attorney's fees to justify his presumption that he can keep the same. Curiously, there is on record
a photocopy of a check issued by respondent in favor of complainant for P150,000.00. It was only in
his Motion for Reconsideration where respondent belatedly proffers an explanation. He avers that he
cannot recall what the check was for but he supposes that complainant requested for it as she did
not want to travel all the way to Olongapo City with a huge sum of money.

We find the circumstances rather suspicious but evidence is wanting to sustain a finding in favor of
either party in this respect. We cannot and should not rule on mere conjectures. The IBP relied only
on the written assertions of the parties, apparently finding no need to subject the veracity of the
assertions through the question and answer modality. With the inconclusive state of the evidence, a
more in-depth investigation is called for to ascertain in whose favor the substantial evidence level
tilts. Hence, we are constrained to remand the case to the IBP for further reception of evidence
solely on this aspect.

We also are unable to grant complainant's prayer for respondent to be made liable for the cost of her
child's DNA test absent proof that he misappropriated funds exclusively earmarked for the purpose.

Neither shall we entertain complainant's claim for moral damages and attorney's fees. Suffice it to
state that an administrative case against a lawyer is sui generis, one that is distinct from a civil or a
criminal action.36 It is an investigation by the Court into the fitness of a lawyer to remain in the legal
profession and be allowed the privileges as such. Its primary objective is to protect the Court and the
public from the misconduct of its officers with the end in view of preserving the purity of the legal
profession and the proper and honest administration of justice by requiring that those who exercise
this important function shall be competent, honorable and reliable men and women in whom courts
and clients may repose confidence.37 As such, it involves no private interest and affords no redress
for private grievance.38 The complainant or the person who called the attention of the court to the
lawyer's alleged misconduct is in no sense a party, and has generally no interest in the outcome
except as all good citizens may have in the proper administration of justice.39

Respondent's misconduct is of considerable gravity. There is a string of cases where the Court
meted out the extreme penalty of disbarment on the ground of gross immorality where the
respondent contracted a bigamous marriage,40 abandoned his family to cohabit with his
paramour,41 cohabited with a married woman,42 lured an innocent woman into marriage,43 or was
found to be a womanizer.44 The instant case can be easily differentiated from the foregoing cases.
We, therefore, heed the stern injunction on decreeing disbarment where any lesser penalty, such as
temporary suspension, would accomplish the end desired.45 In Zaguirre v. Castillo,46 respondent was
found to have sired a child with another woman who knew he was married. He therein sought
understanding from the Court pointing out the polygamous nature of men and that the illicit
relationship was a product of mutual lust and desire. Appalled at his reprehensible and amoral
attitude, the Court suspended him indefinitely. However, in Fr. Sinnott v. Judge Barte,47 where
respondent judge consorted with a woman not his wife, but there was no conclusive evidence that
he sired a child with her, he was fined P10,000.00 for his conduct unbecoming a magistrate despite
his retirement during the pendency of the case.

We note that from the very beginning of this case, herein respondent had expressed remorse over
his indiscretion and had in fact ended the brief illicit relationship years ago. We take these as signs
that his is not a character of such severe depravity and thus should be taken as mitigating
circumstances in his favor.48 Considering further that this is his first offense, we believe that a fine
of P15,000.00 would suffice. This, of course, is without prejudice to the outcome of the aspect of this
case involving the alleged misappropriation of funds of the client.

WHEREFORE, premises considered, we find Atty. Diosdado M. Rongcal GUILTY of immorality and
impose on him a FINE of P15,000.00 with a stern warning that a repetition of the same or similar
acts in the future will be dealt with more severely.

The charge of misappropriation of funds of the client is REMANDED to the IBP for further
investigation, report and recommendation within ninety (90) days from receipt of this Decision.

Let a copy of this decision be entered in the personal record of respondent as an attorney and as a
member of the Bar, and furnished the Bar Confidant, the Integrated Bar of the Philippines and the
Court Administrator for circulation to all courts in the country.

SO ORDERED.
Vitug v Rongcal

FACTS:

Complainant and respondent Atty. Rongcal first met when the complainant was looking for a
lawyer to assist her in suing her former partner who is the biological father of her minor daughter, for
support. After several meetings, complainant and respondent had started sexual relationship. According
to the complainant, respondent also gave her sweet inducements such as the promise of a job, financial
security for her daughter, and his services as counsel for the prospective claim for support against
Aquino.

ISSUE:

Whether or not such act of respondent constitutes a ground for disbarment

HELD:

No.  The Court has held that to justify suspension or disbarment the act complained of must not
only be immoral, but grossly immoral. On sexual relation and on respondent’s subsequent marriage, by
his own admission, respondent is obviously guilty of immorality in violation of Rule 1.01 of the Code
which states that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. The
Court find credence in respondent's assertion that it was impossible for her not to have known of his
subsisting marriage, complainant’s allegations of deceit were not established by clear preponderant
evidence required in disbarment cases.

 The Court finds Atty. Diosdado M. Rongcal guilty of immorality and impose on him a fine
of P15,000.00 with a stern warning that a repetition of the same or similar acts in the future will be dealt
with more severely.