Case Digest (A.C. No. 8962)
Facts:
This administrative case involves the complaint filed by Jildo A. Gubaton (complainant) against Atty. Augustus Serafin D. Amador (respondent) for disbarment due to allegations of gross immoral conduct. The incident centers around an affair between the respondent and the complainant's wife, Ma. Bernadette R. Tenorio-Gubaton, which allegedly began in 2005 and continued until the time of the complaint. In 2008, while the complainant was residing in the United States, he was informed by their house helper that "Fiscal Amador" frequently visited his wife and that the respondent spent nights in their home, even sharing their bedroom.
Upon returning to the Philippines in August 2009, the complainant confronted his wife after he discovered contraceptives in their home. He also noted the existence of love letters supposedly written by Bernadette that implied an intimate relationship with the respondent. The complainant claimed to have visually confirmed the affair by obse
...Case Digest (A.C. No. 8962)
Facts:
- Background of the Complaint
- Complainant Jildo A. Gubaton filed an affidavit-complaint for disbarment against respondent Atty. Augustus Serafin D. Amador.
- The complaint was based on allegations of gross immoral conduct and/or immorality.
- It was alleged that respondent had been involved in an illicit romantic relationship with Ma. Bernadette R. Tenorio-Gubaton, the complainant’s wife, since 2005.
- Discovery and Collation of Evidence
- Complainant, while working in the USA, was informed by their house helper that a man known as “Fiscal Amador” had been frequently visiting Bernadette.
- Additional verification came from Bernadette’s dental clinic secretary who confirmed that respondent and Bernadette were carrying on an affair.
- Physical evidence was reportedly discovered, which included:
- Birth-control pills and condoms found in various locations (at their house, in Bernadette’s dental clinic, and in her handbag).
- Love letters/notes allegedly written by Bernadette to respondent, one bearing the term “fiscal.”
- Complainant also personally observed respondent and Bernadette together on several occasions, including an instance where he saw them kissing inside a vehicle.
- Witness Testimonies and Related Circumstances
- Multiple witnesses provided corroborative evidence:
- Complainant's sister, Nila Canoy, testified in her affidavit that she had informed the complainant about the affair while he was in the USA.
- Carlos Delgado, Chief of Barangay Public Safety Office in Poblacion, Malaybalay City, and Edgar Navarez, an employee of the Bureau of Internal Revenue, also executed affidavits attesting to the illicit relationship.
- These statements, although partly hearsay, were indicated as circumstantially relevant, proving that such inquiries or statements were indeed made.
- IBP Proceedings and Developments
- The Commission on Bar Discipline (CBD) of the Integrated Bar of the Philippines (IBP) issued a Report and Recommendation on June 27, 2012, recommending dismissal of the complaint for insufficiency of evidence.
- The Report noted that evidence supplied by certain witnesses was hearsay and that the love letters/notes offered did not conclusively prove their origin from Bernadette.
- However, in a Resolution dated June 22, 2013, the IBP Board of Governors reversed the CBD’s recommendation, opting instead to suspend respondent from the practice of law for two years.
- Respondent’s motion for reconsideration was later denied on April 20, 2017.
Issues:
- Whether sufficient evidence exists to hold respondent administratively liable for gross immorality.
- Determining if the corroborative and substantial evidence supports the claim that respondent engaged in an illicit affair with Bernadette.
- Evaluating whether hearsay evidence can be admitted under the doctrine of independently relevant statements to establish administrative liability.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)