Case Summary (G.R. No. 179579)
Admin Case No. 528-SBC: Complaints of Aquilina Bitangcor
Bitangcor accused Tan of coercing her into abandoning a rape complaint she had filed against him in 1966, which was subsequently dismissed due to her absence from hearings. Tan allegedly promised to marry her, which led Bitangcor to cease attending the court proceedings. After giving birth to a daughter, Imelda Tan, Bitangcor sought support from Tan, who refused to provide adequate assistance and denied paternity. This situation prompted Bitangcor to file custody and support claims in a separate court case still pending when she lodged her complaint against Tan.
Admin Case No. 529-SBC: Complaints of Josefina Peredo
Peredo's complaint detailed how she was courted and led to a sexual relationship with Tan after he promised to marry her post-bar examinations. They lived together as if married from September 1971 to January 1972 when Tan left for his hometown. After the relationship ended without his marrying her, Peredo claimed embarrassment and social humiliation, arguing these actions demonstrated Tan's unworthiness to enter the legal profession.
Respondent’s Denial of Allegations
In his responses, Tan admitted the existence of the earlier rape case but attributed its dismissal to Bitangcor's lack of interest, denying any promise of marriage or acknowledgment of paternity regarding their child. He dismissed both complaints as motivated by malice and asserted that the allegations were unfounded.
Investigative Proceedings
The Court assigned Atty. Victor Sevilla to investigate both cases. Scheduled hearings were met with delays, leading to a hearing regarding Bitangcor’s withdrawal of her complaint, which she justified by claiming to have reached a settlement with Tan for litigation expenses. The Court noted that a withdrawal of interest alone does not automatically dismiss an administrative complaint.
Findings of the Investigating Officer
The investigating officer’s report indicated that Tan had indeed committed acts of immorality toward both Bitangcor and Peredo. It concluded that his moral character was insufficient for bar admission. Notably, the credibility of both complainants was reinforced, with the investigator advocating for Tan’s disqualification due to moral failings.
Evaluating the Evidence
In case No. 528-SBC, the Court noted the birth certificate of Emelda Tan, listing Tan as the father, despite his claims disproving paternity based on conception dates. The Court found Bitangcor's testimony to have substantial merit, particularly given Tan's own admissions and the absence of contrary evidence regarding her character.
In case No. 529-SBC, the complaint centered on Peredo’s testimony, which detailed deceptive advances by Tan. Tho
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Case Overview
- The cases involve two administrative complaints against Rodolfo M. Tan, a successful 1971 bar examinee, filed by Aquilina Bitangcor and Josefina Peredo, alleging immorality and seeking to prevent Tan from taking his lawyer's oath.
- The complaints were lodged on February 23 and 28, 1972, prompting the Court to suspend Tan's admission to the bar until the resolution of the complaints.
Background of the Complaints
A.C. No. 528-SBC (Aquilina Bitangcor)
- Bitangcor accused Tan of compromising her integrity through a promise of marriage after she filed a rape complaint against him in November 1966.
- She alleged that Tan wooed her during the rape case proceedings, leading to her withdrawal from the case and subsequent cohabitation, which resulted in a child named Imelda.
- Despite giving minimal financial support, Tan refused to marry her and later denied paternity of the child, claiming the timing of conception was not feasible.
A.C. No. 529-SBC (Josefina Peredo)
- Peredo's complaint detailed a relationship with Tan beginning in August 1971, during which he promised to marry her after the bar exams.
- She alleged that Tan seduced her, leading to cohabitation and sexual relations under the guise of an impending marriage.
- Peredo claimed that Tan's abandonment caused her public humiliation and besmirched her reputation, affirming that he was unfit for the bar.