Case Digest (A.C. No. 2115)
Facts:
Felicidad Barinan Tan v. Atty. Galileo J. Trocio, AC No. 2115, November 27, 1990, Supreme Court Second Division, Melencio-Herrera, J., writing for the Court.Complainant Felicidad Barinan Tan (owner/directress of Harlyn Vocational School, Baroy, Lanao del Norte) filed a verified administrative complaint on November 9, 1979 seeking the disbarment of respondent Atty. Galileo J. Trocio for immorality and conduct unbecoming of a lawyer. She alleged that in the last week of April 1971, at about 8:30 PM after classes, respondent overpowered her inside the school office and, against her will, had carnal knowledge of her; she gave birth to a son, Jewel Tan, on February 5, 1972. Complainant stated respondent provided support for the child for a time but later neglected him, and that respondent had threatened to cause the deportation of her alien husband if she reported the incident, which induced her delay in filing a charge.
Respondent admitted acting as legal counsel for the school and for complainant’s family in several matters (a 1971 robbery prosecution, recovery of fire indemnities in 1976, representation in an inheritance case in 1978), but denied the sexual assault. He countered that complainant’s motive was vindictiveness after he refused to participate in an alleged scheme to inflate legal fees in an inheritance matter, and alternatively that the complaint was a tactic to avoid unpaid legal fees she owed him.
Procedurally, the Court referred the matter to the Office of the Solicitor General (OSG) for investigation on June 2, 1980. At complainant’s request the OSG forwarded the case to the Provincial Fiscal of Lanao del Norte on August 19, 1980; hearings were held in September–October 1980. The Provincial Fiscal’s Report and Recommendation of January 16, 1981 found prima facie evidence and recommended disciplinary action; the records were returned to the OSG. On September 1, 1982 the OSG returned the case to the Provincial Fiscal for re-investigation because respondent had not appeared earlier; respondent later submitted a sworn letter dated December 13, 1985. On February 13, 1986 the Provincial Fiscal adopted the January 16, 1981 report and again forwarded the records to the OSG. The OSG on May 16, 1986 recommended disbarment, and the Solici...(Pro-only)
Issues:
- Did complainant prove by convincing evidence that respondent committed a sexual assault amounting to immoral conduct warranting disbarment?
- Was the presumption of legitimacy of the child born during the marriage overcome by the evid...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)