Title
Chan vs. Carrera
Case
A.C. No. 10439
Decision Date
Sep 3, 2019
Atty. Carrera engaged in a prolonged extramarital affair, misrepresented his marital status, and fathered a child with complainant Chan. Despite her withdrawal of the complaint, the Supreme Court disbarred him for gross immorality, citing violations of professional ethics and moral standards.
disbarment
grossly immoral extramarital affair
complaint

Case Digest (A.C. No. 10439)

Facts:

Annaliza C. Chan v. Atty. Rebene C. Carrera, A.C. No. 10439, September 03, 2019, the Supreme Court En Banc, Per Curiam. The complaint-affidavit by Annaliza C. Chan was filed on September 11, 2009, charging Atty. Rebene C. Carrera with gross misconduct arising from their extra‑marital relationship and cohabitation.

Chan alleges she met Carrera in July 2006 while working as a trainee and that Carrera courted her, promised support and professional assistance, brought her on a trip to Hong Kong, and purchased a house and car for her. They lived together from September 2006 until August/September 2009, during which time Chan bore Carrera a son (born December 4, 2007). Chan later discovered Carrera remained legally married to his incapacitated wife and that he had other relationships; their relationship deteriorated and Carrera moved out in August 2009.

Carrera admitted the relationship and cohabitation but disputed some factual points (e.g., whether he represented himself as a widower). He maintained he provided materially for Chan and their child and denied that his conduct affected his professional fitness. Chan later sought to withdraw her complaint, asserting the English translation of her Tagalog statement exaggerated her allegations and that she had become disinterested in pursuing the case.

The Commission on Bar Discipline’s Investigating Commissioner recommended admonition and warning (Report and Recommendation dated August 9, 2010). The Integrated Bar of the Philippines Board of Governors (BOG) initially suspended Carrera for three years (Resolution dated December 14, 2012), later modifying the suspension ...(Subscriber-Only)

Issues:

  • Does the complainant’s motion to withdraw her complaint bar or terminate the administrative investigation against a lawyer?
  • Do respondent Atty. Carrera’s admitted cohabitation and extra‑marital relationship while married constitute grossly immoral conduct in violation of the Code of Professional Responsibility?
  • If so, what is the appropriate disciplinar...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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