Case Summary (A.C. No. 7136)
Petitioner
Joselano C. Guevarra, who filed a complaint for disbarment on March 4, 2002, before the Integrated Bar of the Philippines Committee on Bar Discipline (IBP-CBD), charging Atty. Eala with “grossly immoral conduct” and violation of his oath.
Respondent
Atty. Jose Emmanuel M. Eala (also known as Noli Eala), a married lawyer accused of engaging in an adulterous affair with Irene Moje and thereby betraying marital fidelity and professional ethics.
Key Dates
• Complaint filed: March 4, 2002
• Birth of alleged child: February 14, 2002
• IBP-CBD Report and Recommendation: October 26, 2004
• IBP Board resolution dismissing case: January 28, 2006
• Supreme Court decision: August 4, 2008
Applicable Law (1987 Constitution)
• Article XV, Section 2 – Marriage as inviolable social institution
• Lawyer’s oath – obligation to support Constitution, uphold laws, and maintain fidelity
• Rule 138, Section 27, Rules of Court – grounds for disbarment including grossly immoral conduct and violation of oath
• Code of Professional Responsibility, Canon 1, Rule 1.01 (prohibits immoral conduct) and Canon 7, Rule 7.03 (prohibits conduct reflecting adversely on fitness to practice law)
Background of Complaint
Guevarra alleged that after his October 7, 2000 marriage to Irene, she received love messages from Atty. Eala, spent nights away, and was seen with him on multiple occasions. A handwritten love letter dated on Guevarra’s wedding day professed Eala’s eternal love for Irene. Irene later abandoned the conjugal home and relocated to an address where her and Eala’s vehicles were regularly seen together.
Respondent’s Answer and Denials
Eala admitted sending the love letter but denied “flaunting” an adulterous relationship, claiming it was low-profile and known only to family members. He also denied grossly immoral conduct and insisted he maintained a civil relationship with his own wife, Mary Anne Tantoco.
IBP-CBD Investigation and Recommendation
Investigator Milagros V. San Juan, after Guevarra’s testimony (uncontested by cross-examination) and documentary proof, found the adulterous relationship sufficiently established. She recommended disbarment for violation of Rule 1.01 (immoral conduct) and Rule 7.03 (conduct reflecting adversely on fitness to practice).
IBP Board of Governors’ Resolution
By a terse 33-word resolution dated January 28, 2006, the IBP Board annulled the Investigating Commissioner’s recommendation and dismissed the case for lack of merit, without providing reasons.
Petition to the Supreme Court
Guevarra sought review under Section 12(c), Rule 139 of the Rules of Court. Eala contended there was no evidence against him. The Court found otherwise, stressing that Eala’s denials amounted to a “negative pregnant” admission of the adulterous relationship.
Evidence Establishing Adulterous Relationship
• Handwritten love letter from Eala to Irene, dated October 7, 2000
• Media report and photograph showing Eala and Irene publicly together
• Birth certificate of Samantha Louise Irene Moje, listing Eala as father and indicating Irene was not married at the time of birth
• Affidavit of hospital records custodian confirming Irene named Eala as the child’s father and marked “not married” under marriage information
Eala never categorically denied paternity or the affair.
Legal Standards for Bar Discipline
Disbarment requires “clearly preponderant evidence” in administrative proceedings. Grossly immoral conduct by a lawyer—such as betrayal of marital fidelity—violates Rule 138, Section 27 and contravenes the constitutional protection of marriage under the 1987 Constitution.
Supreme Court’s Analysis on Grossly Immoral Conduct
The Court held that extra-marital relations by a married lawyer with another marri
Case Syllabus (A.C. No. 7136)
Facts of the Case
- On March 4, 2002, Joselano Guevarra filed a Complaint for Disbarment before the IBP Committee on Bar Discipline against Atty. Jose Emmanuel M. Eala (aka Noli Eala) for grossly immoral conduct and violation of the lawyer’s oath.
- Guevarra met Eala in January 2000 through his then-fiancée, Irene Moje, who was married to Marianne Tantoco and had three children.
- After Guevarra married Irene on October 7, 2000, Irene began receiving clandestine calls and text messages from Eala between January and March 2001 containing declarations such as “I love you” and “Meet you at Megamall.”
- Irene’s habitual late nights and unexplained absences prompted Guevarra to investigate; in February or March 2001, he observed Irene and Eala together twice and confronted them on the second occasion, after which Irene abruptly left their conjugal home.
- On April 22, 2001, Guevarra saw Irene celebrating her birthday with Eala; shortly thereafter, Irene removed all her personal belongings from their home.
- In the master bedroom, Guevarra found a folded social card dated October 7, 2000 containing a handwritten love letter from “Noli” professing undying devotion and contempt for the formality of marriage.
- Guevarra later discovered both Irene’s and Eala’s vehicles parked at 71-B 11th Street, New Manila, where Irene had taken residence. He also learned that Irene was pregnant as of January 18, 2002.
Respondent’s Denials and Admissions
- Eala admitted authoring and sending the “I Love You” card but denied ever “flaunting” an adulterous relationship, characterizing it as “low profile” and known only to immediate family members.
- He denied that his conduct demonstrated gross moral depravity or rendered him unfit to practice law, asserting continued cordial relations with his own wife, Mary Anne Tantoco.
- He disputed any derogatory meaning in calling marriage a “piece of paper,” claiming it referred solely to contractual formalities.
- While conceding his duty to support the Constitution and obey laws (Art. XV, Sec. 2), he d