Case Digest (A.C. No. 10439)
Facts:
- Complainant: Annaliza C. Chan
- Respondent: Atty. Rebene C. Carrera
- Case Number: A.C. No. 10439
- Decision Date: September 3, 2019
- Complaint Filed: September 11, 2009
- Charges: Gross Misconduct
- Initial Meeting: July 2006 at Max's Restaurant
- Relationship Development: Carrera frequently visited the restaurant, requested Chan as his server, and pursued a relationship with promises of annulment support and financial aid.
- Key Events:
- Trip to Hong Kong
- Carrera bought a house and a car for Chan
- Introduced Chan as his fiancée and a board member at his school
- Discovery: In September 2008, Chan found out Carrera was not a widower; his wife was alive but institutionalized.
- Continued Relationship: Despite knowing the truth, Chan stayed with Carrera after becoming pregnant.
- Deterioration: Relationship worsened with Carrera's accusations and other relationships.
- Outcome: Chan helped Carrera with business losses but was eventually asked to leave.
- Carrera's Defense: Claimed the complaint was extortion, admitted the relationship but argued Chan knew of his marriage. Claimed to provide for Chan and their son but cited her unreasonable behavior as the cause of conflicts.
- Initial Recommendation: Admonishment by the Investigating Commissioner
- IBP Board of Governors: Recommended a one-year suspension
- Supreme Court Decision: Disbarment
Issue:
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Ruling:
- Disbarment: Carrera was found guilty of grossly immoral conduct and disbarred from practicing law.
- Complaint Not Dismissed: The ...(Unlock)
Ratio:
- Violations: Carrera violated Rules 1.01 and 7.03 of the Code of Professional Responsibility.
- Conduct: The extramarital affair, cohabitation, and birth of a child while legally married to others were grounds for disbarment.
- Moral Standards: Lawyers must adhere to high moral standards; Carrera's actions were scandalous and reprehensible.
- Administrative Proceedings: Not terminated by complainant's desistance.
- Professional Achievements: Could not excu...continue reading
Case Digest (A.C. No. 10439)
Facts:
In the case of Chan v. Carrera, A.C. No. 10439, decided on September 3, 2019, the complainant, Annaliza C. Chan, filed a Complaint-Affidavit on September 11, 2009, charging Atty. Rebene C. Carrera with Gross Misconduct. Chan met Carrera in July 2006 while she was a trainee at Max's Restaurant. Carrera, who was dining with a woman Chan assumed to be his wife, later introduced himself as a widower. Carrera frequented the restaurant, requested Chan as his server, and eventually pursued a relationship with her, promising various forms of support, including annulling her marriage and supporting her daughter. Their relationship intensified, leading to a trip to Hong Kong, after which Carrera bought a house and a car for Chan. Carrera introduced Chan as his fiancée and a new board member at his school in Dagupan City.
In September 2008, Chan discovered that Carrera was not a widower and that his wife was still alive, though confined in an institution. Despite this, Chan stayed with Carrera after discovering she was pregnant with his child. Their relationship deteriorated, with Carrera often scolding Chan and accusing her of theft. Carrera also had relationships with other women, leading to further conflicts. Despite helping Carrera recover from business losses, Chan faced continuous humiliation and was eventually asked to leave their home.
Carrera denied the accusations, claiming Chan's complaint was an extortion attempt. He admitted to meeting Chan at Max's Restaura...