Case Summary (Adm. No. 104)
Factual Background
The Solicitor General filed a complaint asserting that de Leon and Balinon lived together as husband and wife despite his existing marriage. De Leon authored an affidavit stating a contract of separation from Marquez, which, among other things, purportedly allowed him to take Balinon as his "true and lawful wife." This affidavit included commitments to uphold Balinon's dignity, ensure their children's legal rights, and detailed arrangements about property and support.
Admission and Defense of Respondents
De Leon admitted to both his cohabitation with Balinon and the creation of the affidavit but argued that he had not been convicted of a crime involving moral turpitude. He contended that the affidavit constituted a mere declaration of facts, devoid of legal force or specific violation of law. Conversely, Velayo claimed his involvement was limited to notarizing the document out of courtesy, asserting that he lacked knowledge of its content.
Court's Reasoning regarding De Leon
The court underscored that the affidavit drafted by de Leon had implications akin to permitting him to engage in concubinage. While De Leon argued that consent can act as a barrier against prosecution for adultery and concubinage, the court clarified that such crimes are not legalized by consent but merely sheltered from criminal prosecution. The affidavit, although framed as a unilateral declaration, significantly contributed to de Leon's objective of establishing a durable relationship with Balinon.
Legal Framework and Precedent
The court referenced a precedent where an attorney faced suspension for creating a document permitting spouses to remarry. The rationale included the critical understanding that attorneys could face sanctions for conduct outside their professional duties if it reflects on their moral character or integrity. The court noted that de Leon’s legal knowledge facilitated the affidavit's creation, underscoring the intertwining of his professional ethics with his personal conduct.
Court's Finding on Velayo
While the court found Velayo's actions less culpable, it criticized his negligence in being a passive participant in the notarization of the dubious affidavit. The court recognized that a notary's responsibility extends beyond mere signature affixa
...continue readingCase Syllabus (Adm. No. 104)
Case Background
- The case involves a complaint filed by the Solicitor General against Celestino M. de Leon and Justo T. Velayo, both qualified lawyers in active practice.
- Allegations against de Leon state that since December 1948, he has been living with Regina S. Balinon as husband and wife while still legally married to Vertudes Marquez.
- De Leon prepared an affidavit on February 4, 1949, asserting a contract of separation with his wife, which included terms allowing him to take another partner and outlining the division of property and custody of children.
Content of the Affidavit
- The affidavit presented by de Leon contains extensive declarations regarding his separation from Marquez and his relationship with Balinon.
- Key provisions in the affidavit include:
- Recognition of a contract of separation with Marquez.
- Acknowledgment of the dissolution of their conjugal partnership.
- Arrangements for child custody and property division.
- Commitment to Balinon as his lawful wife, including loyalty and support.
- A clause stipulating that intentional desertion by him could lead to his disbarment.
- Provisions regarding future property and acknowledgment of any children borne from the relationship as legitimate.