Case Summary (A.C. No. 11599)
Allegations of Gross Immorality
The complaint filed by Floreswinda against Atty. Juni centers on accusations of gross immorality. The complainant asserts that Atty. Juni engaged in extramarital affairs and entered into a second marriage while still legally married to her. Specifically, it is alleged that he lived with Ruth S. Vaguchay (Ruth), with whom he also conceived two children—born in 2001 and 2003—while still married to Floreswinda.
Atty. Juni’s Response
In defense, Atty. Juni claimed that the disbarment complaint was motivated by Floreswinda's desire for revenge after he filed an adultery case against her. He asserted that they had been living separately since 2002 due to personal differences and that he had initiated annulment proceedings against Floreswinda in 2007. Atty. Juni also contended that he converted to Islam prior to marrying Ruth under Muslim rites on July 8, 2004, and he maintained that Ruth had previously claimed to be unaware of her subsisting marriage to Ritchie Vaguchay.
Findings of the Integrated Bar of the Philippines (IBP)
The IBP Commission on Bar Discipline found Atty. Juni administratively liable for gross immorality. Initially, they recommended a penalty of censure, but this recommendation was modified by the IBP Board of Governors, which escalated the recommendation to disbarment due to the bigamous marriage.
Legal Framework
The applicable laws for assessing the conduct of Atty. Juni include the 1987 Philippine Constitution, with particular reference to provisions establishing the importance of marital fidelity and moral conduct for members of the Bar, including Rule 1.01 and Rule 7.03 of the Code of Professional Responsibility (CPR). These provisions emphasize that lawyers must engage in lawful, honest, and moral conduct and uphold the integrity of the legal profession.
Ruling of the Court
Upon review, the Court affirms the IBP Board's recommendation of disbarment. Atty. Juni’s actions, particularly engaging in an extramarital relationship and contracting a second marriage while the first marriage was still valid, constitute gross immorality which shocks the community's sense of decency. The Court determined that such behavior fell well outside the moral standards expected of a lawyer.
Final Penalty Imposed
However, the Court disagreed with the extreme measure of disbarment. Citing precedents that advocat
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Background of the Case
- The case revolves around a disbarment complaint filed by Floreswinda V. Juni against her husband, Atty. Mario T. Juni, for gross immorality.
- The complaint is centered on Atty. Juni's alleged sexual relations with a married woman, Ruth S. Vaguchay, and his subsequent second marriage to her while still married to Floreswinda.
Facts of the Case
- Floreswinda and Atty. Juni were married on January 4, 1987, at St. Ignatius De Loyola Chapel and had two children: Kent and Karina.
- Frequent quarrels arose due to Atty. Juni's womanizing behavior, leading Floreswinda to ask him to leave their home in April 2002.
- Shortly after their separation, Atty. Juni signed an Affidavit of Undertaking, agreeing to provide support of P20,000.00 monthly to their children.
- It was later revealed that Atty. Juni had been in a relationship with Ruth S. Vaguchay, with whom he had two children: Marianne Angel, born in 2001, and Jergen Mae, born in 2003.
- Atty. Juni married Ruth on July 8, 2004, under Muslim rites, despite being still married to Floreswinda.
- Floreswinda filed a criminal case for bigamy against Atty. Juni on September 23, 2010.
Allegations and Defenses
- Floreswinda accused Atty. Juni of gross immorality for engaging with a married woman and violating the Code of Professional Responsibility (CPR).
- Atty. Juni claimed the disbarment compl