Case Summary (Adm. Case. No. 1392)
Procedural Posture
The disbarment complaint was filed in 1974 by the respondent’s wife. The Office of the Solicitor General investigated and filed the case for disbarment. The respondent did not answer the complaint, waived the presentation of additional evidence, and his counsel did not file a memorandum. The case was resolved after examination of the record by the Court.
Factual Background
While employed at the Peoples Homesite and Housing Corporation in 1967, respondent became acquainted with Natividad Estabillo, who represented herself as a widow. Respondent and Natividad engaged in carnal relations, and a son, John (Jun‑Jun), was born on November 27, 1972. Four days after the child’s birth (December 1, 1972), respondent married Preciosa in a civil ceremony; a religious ceremony ratifying the marriage occurred on December 30, 1972. The newly married couple resided with the wife’s mother at 993 Sto. Cristo Street, Tondo, Manila, for more than one year.
Abandonment and Discovery of Cohabitation
On the evening of April 13, 1974, respondent asked his mother‑in‑law for permission to leave and go on vacation to his hometown in Daet, Camarines Norte, and never returned to the conjugal home. Petitioner investigated and discovered respondent living and cohabiting with Natividad at an apartment, 85‑A Felix Manalo Street, Cubao, Quezon City. Evidence of cohabitation included testimony and affidavits from the maid, laundress, and plumber (Exhs. A, B, F), testimony of the pook leader who said respondent introduced himself as head of the family and whose name appeared on the barangay list (Exhs. E, G, H), and identification by the apartment owner of photographs showing respondent (Exhs. I–I‑D). The presence of respondent’s car at that apartment further corroborated the cohabitation.
Respondent’s Defense
Respondent asserted that his relationship with Natividad terminated upon his marriage to Preciosa and admitted only occasional visits to 85‑A Felix Manalo Street to give financial assistance to his son Jun‑Jun. Rogelio Panotes corroborated that testimony. Respondent denied residing with Natividad and claimed to live with his sister in Cypress Village, San Francisco del Monte, Quezon City. He accused the maid, laundress, and plumber of being paid witnesses. He also explained his departure from the conjugal home as compelled by his wife’s alleged nagging, violent quarrels, absences from the home, and interference with his professional obligations.
Evidentiary and Investigative Findings
The Court found that the petitioner sustained the burden of proof. Respondent neither answered the complaint nor offered additional evidence to rebut the petitioner’s proofs. The affidavits and testimony of neighbors and household personnel, the pook leader’s testimony and barangay listing, and the apartment owner’s photographic identifications were credited by the Court as corroborative evidence of abandonment and cohabitation.
Legal Conclusions and Reasoning
The Court concluded that respondent abandoned his wife and resumed carnal relations with a former paramour who
...continue readingCase Syllabus (Adm. Case. No. 1392)
Citation and Procedural Caption
- Reported at 213 Phil. 437, En Banc, Administrative Case No. 1392, decided April 02, 1984.
- Case styled as Preciosa R. Obusan, complainant, versus Generoso B. Obusan, Jr., respondent.
- Decision authored by Justice Aquino; Acting Chief Justice Makasiar and Justices Concepcion, Jr., Guerrero, Abad Santos, De Castro, Melencio-Herrera, Plana, Escolin, Relova, Gutierrez, Jr., and De la Fuente concurred.
Nature of the Proceeding
- This is a disbarment case filed in 1974 by the complainant, Preciosa Razon Obusan, against her husband, Generoso B. Obusan, Jr.
- The ground for the disbarment complaint is adultery or grossly immoral conduct as applied to a member of the Bar.
Background of the Respondent
- Generoso B. Obusan, Jr. was admitted to the bar in 1968.
- In 1967, while employed at the Peoples Homesite and Housing Corporation, he became acquainted with Natividad Estabillo, who represented herself as a widow.
Relevant Chronology and Key Dates
- 1967: Respondent's acquaintance with Natividad Estabillo while employed at Peoples Homesite and Housing Corporation.
- November 27, 1972: Birth of a son, named John Obusan (Exhibit D), fathered by respondent from Natividad.
- December 1, 1972 (four days after the child's birth): Civil marriage of respondent to Preciosa (respondent aged 33; complainant aged 37).
- December 30, 1972: Religious ratification of the marriage (Exhibits C and C-1).
- For more than one year after marriage, the couple lived with the wife’s mother at 993 Sto. Cristo Street, Tondo, Manila.
- Evening of April 13, 1974: Respondent left the conjugal home, asking permission to take a vacation in his hometown, Daet, Camarines Norte, and never returned.
- 1974: Complainant’s investigations and surveillance leading to discovery of respondent’s cohabitation with Natividad in an apartment at 85-A Felix Manalo Street, Cubao, Quezon City.
- November 26, 1976: Testimony reference date for Romegil Q. Magana (noted as 25–30 tsn).
Facts as Found by the Court
- Respondent had carnal relations with Natividad Estabillo and fathered a son, John (Exh. D).
- Respondent later learned that Natividad’s marriage to Tony Garcia was subsisting or undissolved.
- Shortly after the birth of respondent’s child by Natividad, respondent married complainant Preciosa in civil and religious ceremonies.
- On April 13, 1974, respondent left the conjugal home purportedly to take a vacation and thereafter never returned.
- Complainant located respondent and discovered he was living and cohabiting with Natividad at 85-A Felix Manalo Street, Cubao, and that he had brought his car to that place.
- Testimonial and documentary evidence corroborated that respondent and Natividad lived together as husband and wife.
Evidence and Exhibits Presented by Complainant
- Exhibit D: Birth certificate of the child born November 27, 1972, named John Obusan.
- Exhibits C and C-1: Documents evidencing civil marriage on December 1, 1972, and religious ratification on December 30, 1972.
- Affidavits and testimonies of witnesses (Exhibits A, B, and F) from:
- Linda Delfin, housemaid in 1974.
- Remedios Bernal, laundress and neighbor.
- Ernesto Bernal, plumber and neighbor.
- Exhibits E, G and H: Barangay list showing respondent’s name at the head of the list.
- Exhibits I to I-D: Five photographs identified by apartment owner Nieves Cacnio showing respondent as the man wearing eyeglasses.
- Testimony of Romegil Q. Magana, a pook leader, that respondent introduced himself as head of the family.
Witnesses and Their Testimonies for the Complainant
- Linda Delfin (maid), Remedios Bernal (laundress), and Ernesto Bernal (plumber): Executed affidavits (Exhs. A, B, F) and confirmed their contents in testimony that respondent and Natividad lived as husband and wife.
- Romegil Q. Magana: Testified tha