Case Summary (G.R. No. 175581)
Facts of the Case
In 1967, while employed by the Peoples Homesite and Housing Corporation, Generoso became involved with Natividad Estabillo, who misrepresented her marital status to him. Their relationship resulted in the birth of a son, John Obusan, on November 27, 1972. Shortly thereafter, on December 1, 1972, Generoso married Preciosa; their marriage was subsequently validated in a religious ceremony on December 30, 1972. Following their marriage, the couple resided with Preciosa’s mother in Tondo, Manila for over a year.
Events Leading to Disbarment
On April 13, 1974, Generoso left the conjugal home under the pretense of taking a vacation, never to return. Preciosa embarked on a search for him, eventually discovering that he was cohabiting with Natividad in Quezon City. This relationship and their living situation were corroborated by several witnesses, including a housemaid and neighbors, who testified that Generoso acted as the head of the household with Natividad.
Respondent’s Defense
In his defense, Generoso claimed that his relationship with Natividad ceased upon his marriage to Preciosa. He admitted visiting Natividad’s residence occasionally to support his son but denied cohabiting with her, asserting that he lived with his sister instead. Generoso characterized his departure from the marital home as a response to his wife's alleged nagging and disruptive behavior.
Investigation and Findings
The case was investigated by the Office of the Solicitor General, leading to a formal complaint for disbarment against Generoso. He did not respond to the complaint nor present additional evidence, and his legal representation failed to file any memoranda. Upon review, the evidence presented by the complainant was deemed suff
...continue readingCase Syllabus (G.R. No. 175581)
Case Overview
- This case involves a disbarment complaint filed by Preciosa R. Obusan against her husband, Generoso B. Obusan, Jr., on allegations of adultery and grossly immoral conduct.
- The case was filed in 1974, and Generoso had been admitted to the bar in 1968.
Background of the Parties
- Generoso B. Obusan, Jr. was employed at the Peoples Homesite and Housing Corporation in 1967 when he met Natividad Estabillo, who misrepresented herself as a widow.
- The two engaged in an extramarital affair, resulting in the birth of a son, John Obusan, on November 27, 1972.
- Generoso married Preciosa on December 1, 1972, in a civil ceremony, followed by a religious ceremony on December 30, 1972.
Details of the Marriage and Separation
- Following their marriage, Generoso and Preciosa lived with her mother in Tondo, Manila for over a year.
- On April 13, 1974, Generoso requested permission from his mother-in-law to take a vacation to his hometown and subsequently abandoned the marital home.
Discovery of Infidelity
- After noticing her husband’s absence, Preciosa initiated a search and discovered that Generoso was cohabiting with Natividad in an apartment in Quezon City.
- The couple’s livin