G.R. No. 204095 - Cruz vs. Agas, Jr.

Oliver Fabugais (complainant) filed a complaint against Atty. Berardo C. Faundo, Jr. (respondent lawyer) for gross misconduct and conduct unbecoming of a lawyer.
The complaint stemmed from allegations that respondent engaged in illicit and immoral relations with complainant’s wife, Annaliza Lizel B. Fabugais (Annaliza).

Marie Nicole Fabugais (Marie Nicole), complainant’s then 10-year-old daughter, filed a sworn statement stating that in October 2006, she, her mother Annaliza, and two others stayed in respondent’s house in Ipil, Zamboanga-Sibugay.
Marie Nicole alleged that respondent slept in the same bed with her and her mother, and she witnessed respondent embracing Annaliza while sleeping.
The next morning, respondent, clad only in a towel or “tapis,” entered the room and asked Marie Nicole and her companions to leave while he stayed alone with Annaliza.

Complainant filed a case for the declaration of nullity of marriage with a prayer for custody of the minor children.
Respondent acted as collaborating counsel for Annaliza in that case.

On February 17, 2007, respondent allegedly followed complainant on motorcycles, shouted at him angrily, challenged him to a fistfight, and threatened to kill him.
Respondent allegedly harassed complainant’s sister on February 27, 2007, by chasing and trailing her car.

Respondent denied immoral relations with Annaliza, claiming he was assisting her in the custody battle.
He explained that he allowed Annaliza and her companions to stay in his parents’ house in Ipil at the maternal grandmother’s request.
He asserted a cordial relationship with Annaliza due to her being stepdaughter of his late uncle and a former student.
Respondent denied the chasing incidents, presenting testimonies including his driver’s affidavit.
He claimed the complaint was filed solely to harass him and obstruct his legal practice.

The complaint was forwarded to the Integrated Bar of the Philippines (IBP) Board of Governors (BOG) in April 2007 and later consolidated with a similar case.
IBP Investigating Commissioner Dennis A. B. Funa found respondent guilty of violating Rule 1.01 of the Code of Professional Responsibility.
The Commissioner recommended a one-month suspension, noting insufficient evidence for harassment and chasing allegations, but found respondent’s behavior created the appearance of immorality in the presence of a minor.
The IBP-BOG adopted and approved the Investigating Commissioner’s findings and recommendation in a 2011 resolution.
Despite the complainant’s death in 2011 and counsel’s motion to withdraw, the case continued.
Respondent’s motion for reconsideration was denied by the IBP-BOG in 2013.

Whether respondent violated the Code of Professional Responsibility by engaging in immoral and improper conduct with complainant’s wife, which reflected adversely on his fitness to practice law.
Whether respondent committed acts of harassment and intimidation against complainant and his sister, as alleged.
What penalty, if any, should be imposed on respondent for his conduct.