Case Digest (A.C. No. 1608)
Facts:
Magdalena T. Arciga v. Segundino D. Maniwang, Adm. Case No. 1608, August 14, 1981, the Supreme Court Second Division, Aquino, J., writing for the Court.Complainant Magdalena T. Arciga filed an administrative complaint on February 24, 1976 seeking the disbarment of respondent Segundino D. Maniwang, admitted to the Bar in 1975, for "grossly immoral conduct" arising from their premarital sexual relationship and his alleged failure to fulfill promises to marry her. Their liaison began in October 1970 in Cebu when Magdalena was a medical technology student and Maniwang a law student. After a temporary cooling-off, they resumed an intimate relationship in early 1971, engaged in repeated acts of cohabitation, and Maniwang purportedly told acquaintances they were secretly married.
Magdalena became pregnant in 1973; the parties informed her parents that they were married although no marriage had been contracted. Maniwang prepared documents to obtain a marriage license and repeatedly promised to marry the complainant after he passed the bar. Their child, Michael Dino Maniwang, was born on September 4, 1973; Maniwang was absent at the birth but attended the baptism in December 1973. After passing the bar (results April 25, 1975) and taking his oath, Maniwang stopped corresponding with Magdalena, later secretly married another woman on November 25, 1975, and allegedly assaulted Magdalena during a confrontation with his wife. Magdalena presented medical evidence of injury (Exh. I and J) and numerous letters and telegrams from Maniwang (Exhs. K–Z).
In his answer, Maniwang admitted the relationship and paternity and acknowledged repeated promises to marry but attributed his failure to marry to complainant’s past reputation and a prior illegitimate child. The Solicitor General recommended dismissal of the disbarment complaint. The records reflect that the matter was an original administrative disciplinary proceeding (Adm. Case No. 1608) before the Court;...(Pro-only)
Issues:
- Did respondent Segundino D. Maniwang’s cohabitation with Magdalena T. Arciga and his failure to fulfill promises of marriage constitute "grossly immoral conduct" warranting disbarment?
- Did the facts and precedents cited establish that disciplinary action (disbarment) was the appropriate ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)