Case Digest (A.C. No. 7204)
Facts:
In Advincula v. Macabata, Cynthia Advincula engaged Atty. Ernesto M. Macabata in early December 2004 to collect her receivables from Queensway Travel and Tours. On December 11, 2004, respondent sent a demand letter as agreed. They met on February 10, 2005 at Zensho Restaurant, Tomas Morato, to discuss suit preparation; after dinner, respondent drove Advincula home, kissed her on the cheek and, by his own admission, on the lips. On March 6, 2005, at Starbucks, West Avenue, Quezon City, after reviewing documents, he offered another ride. En route along Roosevelt Avenue, he again kissed her lips and allegedly touched her breast, prompting her to exit the vehicle. Disturbed, Advincula texted her displeasure, and Macabata apologized by text the same day and the following day. Advincula filed a disbarment complaint for gross immorality before the IBP Commission on Bar Discipline. At the July 26, 2005 hearing, respondent admitted the kisses but denied force or indecent intent. InvestigCase Digest (A.C. No. 7204)
Facts:
- Complainant’s engagement of legal services
- In early December 2004, Cynthia Advincula sought the legal advice of Atty. Ernesto M. Macabata regarding her unpaid collectibles from Queensway Travel and Tours.
- On December 11, 2004, respondent sent a demand letter to the concerned parties (Annex “I”).
- Alleged improper conduct during meetings
- February 10, 2005 at Zensho Restaurant, Tomas Morato, Quezon City
- After discussing the case over dinner, respondent drove complainant home.
- As complainant alighted, he held her arm, kissed her on the cheek, embraced her tightly, and kissed her on the lips.
- March 6, 2005 at Starbucks, West Avenue, Quezon City
- After finalizing the draft complaint, respondent again offered complainant a ride.
- Along Roosevelt Avenue (near Felipe St.), respondent allegedly stopped the car, forcefully held her face, kissed her lips, and touched her breast; complainant resisted and exited the vehicle.
- Subsequent communications
- Evening of March 6, 2005, complainant texted refusal to continue the case; respondent replied with repeated apologies, admissions of feeling, and pleas to continue seeing her.
- On March 7, 2005, respondent sent further apology texts seeking forgiveness and promising to behave.
- Respondent’s answer and defenses
- Admitted providing legal services and meeting complainant on the specified dates.
- Admitted kissing but maintained complainant offered her cheek and lips; denied force, breast holding, or lewd intent; stressed the public, busy location.
- Raised defenses regarding complainant’s pending criminal complaint, marital status, and his payment of their meeting expenses.
- IBP proceedings and recommendation
- Hearing conducted by the IBP Commission on Bar Discipline on July 26, 2005.
- Investigating Commissioner recommended one-month suspension (Report dated September 30, 2005).
- IBP Resolution No. XVII-2006-117 (March 20, 2006) modified sanction to suspension for three months.
Issues:
- Did Atty. Macabata commit grossly immoral acts or serious moral depravity warranting his disbarment or suspension?
- If misconduct is established, what disciplinary sanction is appropriate?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)