Title
Delos Reyes vs. Aznar
Case
A.C. No. 1334
Decision Date
Nov 28, 1989
A university chairman, Atty. Jose B. Aznar, was disbarred for gross immorality after coercing a medical student into sexual acts under threats of academic failure, abusing his authority.
A

Case Summary (G.R. No. 237116)

Allegations Against Respondent

Rosario delos Reyes filed a verified complaint against Atty. Aznar, alleging that he had carnal knowledge of her multiple times under the threat of failing her Pathology subject. She also claimed that when she became pregnant, the respondent facilitated a forced abortion through Dr. Gil Ramas. Following the filing, Atty. Aznar denied all allegations and claimed the complainant exhibited loose morality. The matter was referred to the Solicitor General for investigation.

Complainant's Evidence

The testimony of Rosario delos Reyes revealed a troubling dynamic involving Atty. Aznar. She indicated that after a failed examination in Pathology, she was threatened that she would flunk all her classes if she did not comply with Atty. Aznar's demands. Their trip to Manila included a stay at the Ambassador Hotel where she claimed they engaged in sexual relations repeatedly. Her fears about academic failure were a driving factor in her compliance, leading to her assertion of having been coerced.

Witness Testimonies Supporting the Complainant

Monica Gutierrez Tan, who encountered both delos Reyes and Aznar at the Ambassador Hotel, corroborated their presence together. Medical professionals, Dr. Rebecca Gucor and Dr. Artemio Ingco, also substantiated evidence from examinations indicating no pre-existing conditions that could have explained her situation before the alleged abortion.

Respondent's Defense and Evidence

Atty. Aznar's defense relied primarily on testimonies from Edilberto Caban and Oscar Salangsang, who claimed he was with them at the time. However, their statements did not specifically address Aznar's activities on February 12-14, the dates in question. The Solicitor General’s investigation found no compelling evidence to support Aznar's claims of innocence, highlighting his absence from the hearings and failure to provide alibis for the timeframe.

Solicitor General's Findings

The Solicitor General concluded that the evidence convincingly established that Atty. Aznar had carnal knowledge of Rosario delos Reyes, supported by the threat he posed as the chairman of the College of Medicine. Though the charge of intentional abortion was considered insufficiently substantiated, the complaint of gross immorality was upheld.

Court's Resolution

The Supreme Court concurred with the investigation’s findings and concluded that Atty. Aznar's conduct constituted grossly immoral behavior. His fail

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