Adm. Case. No. 1392 - Obusan vs. Obusan Jr.

Case Summary (Adm. Case. No. 1392)

Genesis of the Complaint and Antecedent Circumstances

The complaint traced the relationship between Generoso and Natividad Estabillo, who represented herself to him as a widow. Generoso, while working in the People’s Homesite and Housing Corporation in 1967, became acquainted with Natividad and had carnal relations with her. The relationship resulted in a son born on November 27, 1972, named John Obusan.

It later came to Generoso’s knowledge that Natividad’s marriage to Tony Garcia was still subsisting and undissolved. Despite that knowledge, four days after the birth of the child, or on December 1, 1972, Generoso married Preciosa in a civil ceremony. The marriage was subsequently ratified in a religious ceremony held on December 30, 1972. After the marriage, the couple lived for more than one year with Preciosa’s mother at 993 Sto. Cristo Street, Tondo, Manila.

Alleged Abandonment and the Discovery of Continued Cohabitation

In the evening of April 13, 1974, while Preciosa was out of the house, Generoso allegedly asked permission from his mother-in-law to leave the conjugal home and take a vacation to his hometown in Daet, Camarines Norte. From that point, Generoso allegedly never returned to the conjugal abode.

Preciosa then began searching for her husband. After investigation and surveillance, she allegedly discovered that Generoso was living and cohabiting with Natividad in an apartment at 85-A Felix Manalo Street, Cubao, Quezon City. Preciosa further alleged that he brought his car to that address and that Generoso and Natividad lived as husband and wife.

Supporting Testimony and Documentary Corroboration

The Court considered that the allegation of cohabitation was corroborated by multiple witnesses. Linda Delfin, the couple’s housemaid in 1974, testified in support of the charge. Also supporting were Remedios Bernal, a laundress, and Ernesto Bernal, a plumber, who were neighbors staying at 94 Felix Manalo Street. These witnesses executed affidavits designated as Exhibits A, B, and F, and their statements were confirmed by their testimonies.

Additionally, Romegil Q. Magana, a pook leader, testified that Generoso introduced himself as the head of the family, and that his name appeared at the head of the barangay list. These identifications were reflected in Exhibits E, G, and H.

The owner of the apartment, Nieves Cacnio, likewise testified and identified five photographs labeled Exhibits I to I-D, showing Generoso appearing as the man wearing eyeglasses. These evidentiary materials were presented to establish that Generoso was in fact living with Natividad as a family unit.

Respondent’s Defense

Generoso’s defense was that his relationship with Natividad ended when he married Preciosa. He admitted that from time to time he went to 85-A Felix Manalo Street, but he claimed that his visits were only to provide financial assistance to their son, “Jun-Jun.”

A witness, lawyer Rogelio Panotes, identified as the ninong of “Jun-Jun,” corroborated Generoso’s testimony. Generoso also denied the testimonies of Delfin, Bernal, and Ernesto Bernal. He claimed they were paid witnesses and asserted that he did not live with Natividad. He testified that he resided instead with his sister at Cypress Village, San Francisco del Monte, Quezon City.

Generoso further claimed that he was compelled to leave the conjugal home because he could not endure his wife’s “nagging,” frequent and violent quarrels, and her alleged absences from the conjugal home. He also alleged interference with his professional obligations. The record indicated that the Office of the Solicitor General investigated the complaint and that Generoso did not answer the complaint. He also waived the presentation of additional evidence. His counsel did not file any memorandum.

Principal Issues Considered by the Court

The dispute centered on whether Preciosa had proven, by the evidence presented, that Generoso (1) abandoned his lawful wife and (2) maintained adulterous or grossly immoral relations with Natividad, a woman whose marriage was still subsisting at the time of the continuation of their relationship.

The Court’s Assessment of the Evidence and Burden of Proof

After examination of the record, the Court found that Preciosa sustained the burden of proof. It held that she established both the abandonment of her by Generoso and his adulterous relations with a married woman separated from her husband. The Court further held that Generoso failed to overcome the evidence presented by Preciosa.

In characterizing the conduct, the Court treated the acts of abandoning one’s wife and resuming carnal relations with a former paramour who was a married woman, as conduct that was “willful, flagrant, or shameless,” and which demonstrated moral indifference to the views of “good and respectable members of the community.” The Court anchored this description on the cited authorities, including Arciga vs. Maniwang, Adm. Case No. 1608, August 14, 1981, 106 SCRA 591, and 7 C.J.S. 959.

Legal Basis for Disciplinary Action

The Court considered it significant that the pattern of conduct fell within the category of behavior that discredits the integrity required of a member o

Case Syllabus (Adm. Case. No. 1392)

The complainant Preciosa R. Obusan sought the disbarment of her husband, Generoso B. Obusan, Jr., for alleged adultery or grossly immoral conduct.
The disbarment case proceeded as an administrative matter against an attorney admitted to the bar in 1968.
The Court resolved the case on the basis of the record after the Office of the Solicitor General conducted the investigation and the respondent failed to contest the complaint.

Parties and Procedural Posture

Preciosa R. Obusan served as the complainant and alleged that the respondent committed acts constituting grossly immoral conduct and adultery.
Generoso B. Obusan, Jr. served as the respondent, a lawyer who was the husband of the complainant.
The complaint for disbarment was filed in 1974, based on events that began in 1967.
The Office of the Solicitor General investigated the complaint.
The respondent did not answer the complaint and waived the presentation of additional evidence.
The respondent’s lawyer did not file any memorandum.
The Court proceeded to adjudicate the matter after examining the record and assessing whether the complainant satisfied the burden of proof.

Key Factual Allegations

The complainant alleged that the respondent engaged in adulterous relations and thereafter abandoned the conjugal home.
The Court found that in 1967, while the respondent worked for the People’s Homesite and Housing Corporation, he became acquainted with Natividad Estabillo, whom he was induced to believe was a widow.
The Court found that the respondent and Natividad Estabillo had carnal relations.
The Court found that the respondent begot with Natividad a child named John Obusan, born on November 27, 1972.
The Court found that the respondent later discovered that Natividad’s marriage to Tony Garcia was subsisting or undissolved.
The Court found that four days after the child’s birth, or on December 1, 1972, the respondent, aged thirty-three, married the complainant, Preciosa, aged thirty-seven, in a civil ceremony.
The Court found that the marriage was subsequently ratified in a religious ceremony held on December 30, 1972.
The Court found that the couple lived for more than one year at 993 Sto. Cristo Street, Tondo, Manila, with the wife’s mother.
The Court found that on the evening of April 13, 1974, when the complainant was out of the house, the respondent left and sought permission from his mother-in-law to take a vacation to his hometown in Daet, Camarines Norte.
The Court found that after leaving, the respondent never returned to the conjugal abode.
The complainant began searching for the husband and eventually discovered that he was living and cohabiting with Natividad in an apartment at 85-A Felix Manalo Street, Cubao, Quezon City.
The Court found that the respondent brought his car to the apartment, and that corroborating neighbors and household workers confirmed the cohabitation as husband and wife.

Evidence and Witness Testimony

The complainant corroborated her findings through the testimony and affidavits of household help and neighbors.
The Court found that Linda Delfin, their housemaid in 1974, executed and confirmed an affidavit attesting to the cohabitation.
The Court found that Remedios Bernal, a laundress, executed and confirmed an affidavit supporting the allegation that the respondent and Natividad lived as husband and wife.
The Court found that Ernesto Bernal, a plumber who was a neighbor staying at 94 Felix Manalo Street, executed and confirmed an affidavit corroborating the complainant.
The Court found that the affidavits were Exhibits A, B and F, and that they were confirmed through testimonies.
Romegil Q. Magana, a pook leader, testified that the respondent introduced himself as the head of the family and that his name appeared at the head of the barangay list.
The Court found that the pook leader’s testimony was supported by Exhibits E, G and H.
The Court found that Nieves Cacnio, the owner of the apartment, knew the respondent as Mr. Estabillo.
The Court found that Nieves Cacnio identified