Case Summary (A.C. No. 7733)
Antecedents
Daisy and Bernie Panagsagan were married on December 18, 2000. Initially strong, their marriage deteriorated as Bernie engaged in an illicit relationship with Corazon Igtos, a fellow employee. The affair produced two children, leading to public embarrassment and distress for Daisy. Bernie vacated the conjugal home multiple times and ultimately left to live with Igtos, abandoning Daisy and their child without support. Despite these claims, Bernie countered with allegations against Daisy, suggesting she had been unfaithful and difficult to live with.
IBP Report and Recommendation
The Integrated Bar of the Philippines (IBP) Bar Discipline Commissioner found Bernie guilty of grossly immoral conduct due to his extramarital relationship and the violence inflicted upon Daisy. Notably, the IBP highlighted his abandonment of his family and failure to provide necessary support. Initially recommending a two-year suspension, this decision later modified the recommendation to disbarment after Daisy sought reconsideration, emphasizing the severity of Bernie's actions.
OBC Report and Recommendation
The Office of the Bar Confidant (OBC) further evaluated the case upon referral from the Court. Their report reinforced findings of Bernie’s immoral conduct stemming from his ongoing affair, violence against Daisy, and neglect of his child. The OBC concluded that these actions warranted disbarment.
Issue
The central issue is whether Atty. Bernie E. Panagsagan should be disbarred for his immoral actions and abandonment of his family.
Ruling of the Court
The Court concurred with the findings of both the IBP and OBC. It confirmed that Daisy's evidence substantiated claims of gross immorality against Bernie, which is incompatible with the moral standards required of attorneys under the Code of Professional Responsibility. The Court established that the abandonment of a spouse to cohabit with another constitutes gross immorality, amounting to criminal acts like concubinage.
Standards of Conduct
The Court referenced specific provisions from the Code of Professional Responsibility, reinforcing that lawyers must maintain good moral character throughout their careers. It clarified that to qualify for disbarment, an attorney's acts must reflect gross immorality, indicating behavior that shocks societal norms.
Evidence of Immorality
The Court noted multiple documentary evidences, including birth certificates of Bernie’s children with Igtos and photographs depicting their relationship. Despite Bernie's denials, these documents showcased his abandonment of the ethical standards expected of a lawyer.
Defense of Conversion to Islam
Bernie attempted to justify his actions by citing his conversion to Islam; however, the Court found this defense insincere. The timing of his conversion, along with inconsistencies in religious affiliation on official documents, undermined his arguments and portrayed his actions as a means of legitimizing his
...continue readingCase Syllabus (A.C. No. 7733)
Background of the Case
- The case involves an administrative complaint for disbarment filed by Daisy D. Panagsagan against her husband, Atty. Bernie E. Panagsagan.
- The complaint centers on allegations of gross immorality, infidelity, and abandonment of family by the respondent lawyer.
Antecedents
- Daisy and Bernie Panagsagan were married on December 18, 2000. Initially, their marriage was strong.
- Bernie began an illicit relationship with Corazon Igtos, a fellow employee, resulting in two children born in May 2004 and July 2006.
- Daisy claimed the affair was publicly known, with evidence including pictures shared on social media.
- On November 3, 2002, Bernie left the conjugal home to "try a bachelor's life," later returning only to express his love for his mistress.
- Daisy was given a choice: accept Bernie spending weekdays with his mistress or file for nullity of their marriage, which she declined.
- On May 3, 2003, Daisy discovered Bernie living with Igtos, leading to a confrontation where Bernie physically assaulted her in front of their child.
- Following this incident, Bernie moved out permanently, stopped supporting Daisy and their child, and initiated an affair with Igtos.
Respondent's Answer
- Bernie denied the allegations, claiming Daisy was difficult to live with and accused her of infidelity.
- He admitted fathering two children with Igtos but denied any extramarital affair.
- Bernie described Daisy as having suicidal tendencies and violent outbursts, which he used to justify his actions.
- He claimed Daisy