Title
Arnobit vs. Arnobit
Case
A.C. No. 1481
Decision Date
Oct 17, 2008
A lawyer abandoned his wife and 12 children, cohabited with another woman, fathered illegitimate children, and was disbarred for gross immorality.
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Case Summary (A.C. No. 1481)

Overview of the Case

  • The case involves a disciplinary complaint filed by Rebecca B. Arnobit against her husband, Atty. Ponciano P. Arnobit.
  • The complaint alleges immorality and abandonment, primarily related to Atty. Arnobit's infidelity and subsequent actions.

Background Information

  • Marriage: Rebecca and Ponciano were married on August 20, 1942, with twelve children from this union.
  • Allegations: Rebecca claims that Ponciano left their home in 1968 to cohabit with another woman, Benita Buenafe Navarro, with whom he had four more children.
  • Legal Actions: The complaint led to a legal separation case and a criminal case for adultery against Ponciano and Benita.

Proceedings and Evidence

  • Respondent's Admission: Ponciano acknowledged his marriage and children but denied cohabitating with Benita, attributing the separation to Rebecca's absences for business.
  • Evidence Presented:
    • Rebecca provided testimonies and documents, including letters and affidavits from witnesses supporting her claims of infidelity and abandonment.
    • Testimonies included that of Melecio Navarro, Benita’s husband, confirming Ponciano's relationship with Benita.

Investigative Findings

  • The investigating commissioner noted Ponciano's repeated absences during hearings and his failure to present evidence or witnesses to counter Rebecca's claims.
  • Commission's Report: On June 21, 1995, the Commission found Ponciano liable for abandonment and recommended a 3-month suspension.

Court's Decision

  • The Supreme Court agreed with the IBP on the matter of abandonment but found sufficient evidence for gross immoral conduct.
  • The Court outlined the following legal principles:
    • Code of Professional Responsibility: Lawyers must uphold the integrity of the profession and exhibit good moral character.
    • Definition of Immoral Conduct: Conduct that is willful, flagrant, and shameless, demonstrating indifference to community standards.

Legal Principles and Definitions

  • Good Moral Character: A prerequisite for admission to and maintenance within the legal profession.
  • Grossly Immoral Conduct: Conduct that is so corrupt it may constitute a criminal act or be so unprincipled as to be reprehensible.

Penalties and Consequences

  • The Court ruled that Ponciano's actions justified disbarment due to grossly immoral conduct.
  • Disciplinary Action: Ponciano was disbarred, and his name was struck from the Roll of Attorneys.
  • The decision mandates immediate execution and notification to relevant legal bodies.

Key Takeaways

  • The case illustrates the serious repercussions of marital infidelity for members of the bar.
  • The importance of maintaining good moral character is emphasized
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