Title
Arnobit vs. Arnobit
Case
A.C. No. 1481
Decision Date
Oct 17, 2008
A lawyer abandoned his wife and 12 children, cohabited with another woman, fathered illegitimate children, and was disbarred for gross immorality.
Font Size:

Case Digest (A.C. No. 1481)

Facts:

    Background of the Parties

    • Rebecca B. Arnobit, the complainant, and Atty. Ponciano P. Arnobit, the respondent, were married on August 20, 1942.
    • Their marital union produced twelve children.

    Allegations of Immorality and Abandonment

    • Rebecca filed an affidavit-complaint on May 11, 1975, alleging that her husband abandoned her and committed acts of immorality.
    • The complaint asserted that respondent, originally supported by Rebecca through law school and bar examinations, later left the conjugal home.
    • Around 1968, respondent allegedly began cohabiting with Benita Buenafe Navarro, who subsequently bore him four additional children.

    Evidence Presented by the Complainant

    • Documentary and testimonial evidence was introduced during hearings conducted by the Office of the Solicitor General and the IBP Commission on Bar Discipline.
    • A letter dated August 28, 1970, written by respondent addressing his sister-in-law, was used to imply guilt.
    • Testimony by Melecio Navarro, husband of Benita, confirmed respondent’s illicit liaison with his wife.
    • Affidavits from National Bureau of Investigation agents corroborated the existence of a prima facie case for adultery.
    • Photographs and official documents (baptismal and birth certificates) were submitted to establish the paternity of the four illegitimate children.

    Respondent’s Conduct During the Proceedings

    • Despite repeated notice, respondent failed to appear for his turn to present evidence, leading to several postponements.
    • His habitual absence, excuses of illness, and failure to submit affidavits or documentary exhibits by mail were noted by the investigating commissioner.

    IBP Commission and Prior Administrative Actions

    • The Commission, in its report dated June 21, 1995, found respondent liable for abandonment and recommended a suspension of three (3) months from the practice of law.
    • The IBP Board of Governors adopted and approved the Commission’s report via Resolution No. XII-96-43 on January 27, 1996.

Issue:

    Determination of Liability

    • Whether respondent is liable solely for the offense of abandonment committed against his wife and children.
    • Whether the evidence sufficiently establishes the charge of gross immoral conduct in addition to abandonment.

    Appropriate Disciplinary Action

    • Whether the proper remedy for the respondent’s misconduct should be a mere suspension or a more severe penalty such as disbarment.
    • Whether the respondent’s failure to attend hearings and present counter-evidence indicates an implicit admission of guilt.

    Legal and Ethical Implications

    • Whether respondent’s conduct, both in his private and professional capacity, has adversely affected the integrity and public standing of the legal profession.
    • Whether the magnitude of his actions—abandonment of his lawful wife and cohabitation with another woman resulting in additional offspring—warrants the ultimate disciplinary sanction under the Code of Professional Responsibility.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.