A.C. No. 10294 - Guevarra-Castil vs. Trinidad

Case Summary (A.C. No. 10294)

Petitioner

Maryanne Merriam B. Guevarra-Castil

Respondent

Atty. Emely Reyes Trinidad

Key Dates

November 29, 2013: Complaint filed before the Integrated Bar of the Philippines (IBP).
June 7, 2016: IBP Commission on Bar Discipline issues Report and Recommendation.
May 27, 2017: IBP Board of Governors adopts disbarment recommendation.
December 6, 2018: Motion for Reconsideration denied by IBP Board.
July 12, 2022: Supreme Court en banc decision.

Applicable Law

1987 Philippine Constitution, Article VIII, Section 5(5) (Supreme Court’s disciplinary power).
Rules of Court, Rule 138 §§ 27; Rule 139-B (Disbarment and Discipline).
Code of Professional Responsibility (CPR), Canon 1, Rule 1.01; Canon 7, Rule 7.03.

Factual Antecedents

Maryanne received rumors of an affair between her husband Orlando and Atty. Trinidad. In January 2009 Orlando admitted the infidelity. Maryanne’s attempt to persuade Respondent to end the liaison was met with insults and boasts of legal and PNP status. Maryanne later discovered a birth certificate naming Orlando and Respondent as parents and an admission of paternity. Respondent also allegedly publicized photographs of herself with Orlando and their child. Respondent denied knowing Maryanne, disputed the evidence’s authenticity, but admitted “acts not to be proud of.”

Commission Findings and IBP Board Recommendation

The IBP Commission found Respondent’s conduct amounted to gross immorality and misconduct in violation of CPR Canon 1, Rule 1.01 (no unlawful, dishonest or immoral conduct) and Canon 7, Rule 7.03 (no scandalous behavior). The Commission recommended disbarment. The IBP Board adopted this recommendation and denied reconsideration.

Issue

Whether Atty. Emely R. Trinidad should be disbarred for grossly immoral conduct inconsistent with her duties as a member of the Bar.

Jurisdiction and Procedural Guidelines

The Court reaffirmed its constitutional power to discipline lawyers, including those in government service, whenever allegations bear on their fitness under the Lawyer’s Oath and the CPR. It adopted rules requiring it to retain jurisdiction over complaints that, assuming truth, render a government lawyer unfit to practice law, and to dismiss and refer purely official‐duty complaints elsewhere. The Court found this complaint concerns private misconduct bearing on Respondent’s moral fitness, thus falling under its jurisdiction.

Merits of Disbarment

Under Rule 138, § 27 and CPR Canons 1 and 7, disbarment is warranted for “grossly immoral conduct” that

Case Syllabus (A.C. No. 10294)

Procedural History

The Supreme Court reviews Resolution No. XXII-2017-1086 of the Integrated Bar of the Philippines (IBP) Board of Governors, which adopted the recommendation of the IBP Commission on Bar Discipline to disbar respondent Atty. Emely Reyes Trinidad.
The original complaint was filed on November 29, 2013, by Maryanne Merriam B. Guevarra-Castil.
The IBP Commission on Bar Discipline issued its Report and Recommendation on June 7, 2016, finding respondent guilty and recommending disbarment.
The IBP Board of Governors adopted the Commission’s findings and recommendation by Resolution dated May 27, 2017, and denied respondent’s Motion for Reconsideration on December 6, 2018.

Factual Antecedents

Maryanne received persistent reports that her husband, PNP officer Orlando L. Castil, Jr., was involved in an extramarital affair with fellow officer and lawyer Atty. Emely Trinidad.
In January 2009, Maryanne confronted Orlando, who admitted the affair and that Atty. Trinidad was also married.
Maryanne begged Atty. Trinidad to end the relationship; instead, respondent allegedly insulted and belittled her, invoking her legal training and PNP rank.
Maryanne later discovered a birth certificate naming Atty. Trinidad and Orlando as parents of a child, alongside an “Affidavit of Acknowledgment/Admission of Paternity” executed by Orlando.
Respondent is accused of publicly flaunting photographs of herself, Orlando, and the child on social media, causing Maryanne further distress.

Respondent’s Defense

Atty. Trinidad denies personal knowledge of Maryanne and insists she learned of Maryanne’s identity only after the complaint was filed.
She contests having communicated with Maryanne and challenges the authenticity and manner of proof of photographs and documents, labeling them hearsay or illegally obtained.
Respondent admits having “committed some acts which are not to be proud of,” but does not concede the specific allegations.

Commission on Bar Discipline’s Findings and Recommendation

The Commission found respondent’s relationship with Orlando undisputed and noted her lack of remorse.
It concluded that Atty. Trinidad’s adulterous conduct and public flaunting of the affair and child constitute gross immorality and misconduct.
The Commission held these acts violated Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of Professional Responsibility.
It recommended the ultimate penalty of disbarment.

IBP Board of Governors’ Resolution

By Resolution dated May 27, 2017, the IBP Board adopted the Commission’s factual findings and recommendation to disbar Atty. Trinidad.
A Motion for Reconside