Case Digest (A.C. No. 1481)
Facts:
The case involves Rebecca B. Arnobit as the complainant and Atty. Ponciano P. Arnobit as the respondent. The events leading to the complaint began with their marriage on August 20, 1942, which produced twelve children. Rebecca supported Ponciano throughout his education in law school and his subsequent admission to the Philippine bar. However, in 1968, Ponciano left their home and began cohabiting with Benita Buenafe Navarro, with whom he fathered four additional children. This infidelity prompted Rebecca to file for legal separation and support, as well as a criminal case for adultery against both Ponciano and Benita. In his answer to the complaint, Ponciano acknowledged Rebecca as his wife and the mother of their children but denied cohabiting with Benita. He claimed that Rebecca's frequent travels for business were the cause of their separation, alleging neglect of her family duties. The case was brought before the Office of the Solicitor General and later the Integrat...
Case Digest (A.C. No. 1481)
Facts:
- Rebecca B. Arnobit, the complainant, and Atty. Ponciano P. Arnobit, the respondent, were married on August 20, 1942.
- Their marital union produced twelve children.
Background of the Parties
- 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.
Allegations of Immorality and Abandonment
- 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.
Evidence Presented by the Complainant
- 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.
Respondent’s Conduct During the Proceedings
- 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.
IBP Commission and Prior Administrative Actions
Issue:
- 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.
Determination of Liability
- 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.
Appropriate Disciplinary Action
- 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.
Legal and Ethical Implications
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)