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    NOLI EALA VS GUEVARRA Sunday

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    Rei Dela Cruz
    This document summarizes a case between Joselano Guevarra vs. Atty. Jose Emmanuel Eala. Guevarra filed a complaint of disbarment against Eala for grossly immoral conduct. Guevarra discovered that Eala was having an adulterous relationship with Guevarra's wife, Irene, and that she became pregnant with Eala's child. The issue was whether Eala's concubinage or adulterous relationship warranted his disbarment. The court held that Eala's grossly immoral conduct violated his lawyer's oath and the Code of Professional Responsibility. As such, Eala was disbarred for grossly immoral conduct, violating his

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    NOLI EALA VS GUEVARRA Sunday

    Uploaded by

    Rei Dela Cruz
    53 views3 pages
    This document summarizes a case between Joselano Guevarra vs. Atty. Jose Emmanuel Eala. Guevarra filed a complaint of disbarment against Eala for grossly immoral conduct. Guevarra discovered that Eala was having an adulterous relationship with Guevarra's wife, Irene, and that she became pregnant with Eala's child. The issue was whether Eala's concubinage or adulterous relationship warranted his disbarment. The court held that Eala's grossly immoral conduct violated his lawyer's oath and the Code of Professional Responsibility. As such, Eala was disbarred for grossly immoral conduct, violating his

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    This document summarizes a case between Joselano Guevarra vs. Atty. Jose Emmanuel Eala. Guevarra filed a complaint of disbarment against Eala for grossly immoral conduct. Guevarra discovered that Eala was having an adulterous relationship with Guevarra's wife, Irene, and that she became pregnant with Eala's child. The issue was whether Eala's concubinage or adulterous relationship warranted his disbarment. The court held that Eala's grossly immoral conduct violated his lawyer's oath and the Code of Professional Responsibility. As such, Eala was disbarred for grossly immoral conduct, violating his

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    53 views3 pages

    NOLI EALA VS GUEVARRA Sunday

    Uploaded by

    Rei Dela Cruz
    This document summarizes a case between Joselano Guevarra vs. Atty. Jose Emmanuel Eala. Guevarra filed a complaint of disbarment against Eala for grossly immoral conduct. Guevarra discovered that Eala was having an adulterous relationship with Guevarra's wife, Irene, and that she became pregnant with Eala's child. The issue was whether Eala's concubinage or adulterous relationship warranted his disbarment. The court held that Eala's grossly immoral conduct violated his lawyer's oath and the Code of Professional Responsibility. As such, Eala was disbarred for grossly immoral conduct, violating his

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    Sunday, September 12, 2010

    Guevarra vs. Eala


    Joselano Guevarra vs. Atty. Jose Emmanuel Eala

    A.C. No. 7136 August 1, 2007


    A.C. No. 7136

    August 1, 2007
    FACTS:
    On March 4, 2002 a complaint of disbarment was filed before the
    Integrated Bar of the Philippines Committee on Bar Discipline
    against Atty. Jose Emmanuel M. Eala a.k.a. Noli Eala for grossly
    immoral conduct and unmitigated violation of the lawyer’s oath. In
    the Complaint, Guevarra first met the respondent in January 2000
    when his then fiancée Irene Moje introduced respondent to him as
    her friend who was married to Marianne Tantoco with whom he
    had three children.

    After his marriage to Irene on October 7, 2000, Complainant


    noticed that from January to March 2001, Irene had been
    receiving from respondent Cellphone calls, as well as messages
    some 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 her
    whereabouts, she replied that she slept at her parent’s house in
    Binangonan, Rizal or she was busy with her work.

    In February or March 2001, complainant saw Irene and


    Respondent together on two occasions. On the second occasion,
    he confronted them following which Irene abandoned the conjugal
    house. On April 22, 2001 complainant went uninvited to Irene’s
    birthday celebration at which he saw her and the respondent
    celebrating with her family and friends. Out of embarrassment,
    anger and humiliation, he left the venue immediately. Following
    that incident, Irene went to the conjugal house and hauled off all
    her personal belongings. Complainant later found a handwritten
    letter dated October 7, 2007, the day of his wedding to Irene,
    Complainant soon saw respondent’s car and that of Irene
    constantly parked at No. 71-B11 Street, New Manila where as he
    was later learn sometime in April 2001, Irene was already
    residing. He also learned still later that when his friends saw Irene
    on about January 18, 2002 together with respondent during a
    concert, she was pregnant.

    ISSUE:
    Whether Concubinage or Adulterous relationship, be the reason
    for the disbarment of Atty. Jose Emmanuel Eala.

    HELD:
    Lawyer’s oath stated that a lawyer should support the Constitution
    and obey the laws, meaning he shall not make use of deceit,
    malpractice, or other gross misconduct, grossly immoral conduct,
    or be convicted in any crime involving moral turpitude. In the case
    at bar Atty. Eala was accused of Concubinage, under ART. 334 of
    the Revised Penal Code, “ Any husband who shall keep a
    mistress in a conjugal dwelling, or, shall have sexual intercourse,
    under scandalous circumstances, with a woman who is not his
    wife, or shall cohabit with her in any other place, shall be
    punished by prision correccional in its minimum and medium
    period. Section 2 of ART. XV states that “Marriage, as an
    inviolable social institution, is the foundation of the family and
    shall be protected by the state. Respondent’s grossly immoral
    conduct runs afoul of the constitution and the laws, that he as a
    lawyer has sworn to uphold. Hence the court declared Atty. Jose
    Emmanul M. Eala DISBARRED for grossly immoral conduct,
    violation of his oath of office, and violation of canon 1, Rule 1.01
    and Canon 7, Rule 7.03 of the Code of Professional
    Responsibility.

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