Joselano Guevarra v. Atty Jose Emmanuel Eala, AC No.7136, August 1, 2007

Facts:

Wife of petitioner, Irene Moje was having an illicit affair with the respondent. After leaving the conjugal home, petitioner found out that Irene and respondent was living together in a residential house few blocks away from the church they were married. Few months thereafter, Irene gave birth to a baby girl and wrote the name of the respondent as the father in the certificate of live birth.

Petitioner filed a petition for annulment of marriage to Irene and a criminal complaint for adultery against respondent and Irene.

Petitioner also filed a complaint for disbarment before the IBP-CBD on the ground of gross immoral conduct and unmitigated violation of the lawyer's oath which was dismissed by the IBP Board of Governors due to lack of merit.

Hence, the petition of complaint before the Supreme Court.

Issue:

Would an illicit affair between a married lawyer and a married woman constitute gross immoral conduct?

Ruling:

Whether a lawyer's sexual congress with a woman not his wife or without the benefit of marriage should be characterized as 'grossly immoral conduct' depends on the surrounding circumstances." 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.

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. (Vitug v. Rongcal)

Respondent has been carrying on an illicit affair with a married woman, a grossly immoral conduct and indicative of an extremely low regard for the fundamental ethics of his profession. This detestable behavior renders him regrettably unfit and undeserving of the treasured honor and privileges which his license confers upon him. (Tucay v. Atty. Tucay)

Respondent in fact also violated the lawyer's oath he took before admission to practice law.

Respondent admittedly is aware of Section 2 of Article XV (The Family) of the Constitution reading: Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

In this connection, the Family Code (Executive Order No. 209), which echoes this constitutional provision, obligates the husband and the wife "to live together, observe mutual love, respect and fidelity, and render mutual help and support."

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."

WHEREFORE, Petition is GRANTED. Respondent, Atty. Jose Emmanuel M. Eala, is 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.