Obusan v. Obusan
REITERATIONFacts
The Antecedents: This case involves a disbarment complaint filed by Preciosa Razon against her husband, Generoso B. Obusan, Jr., a lawyer admitted to the bar in 1968. The complaint alleges adultery and grossly immoral conduct. The respondent had a prior relationship with Natividad Estabillo, with whom he had a son born in 1972, while Natividad was still married to another man. Four days after the birth of this child, the respondent married the complainant, Preciosa. Procedural History: The respondent lawyer abandoned the conjugal home in April 1974, shortly after the marriage to Preciosa. The complainant, Preciosa, subsequently discovered that the respondent was living with and cohabiting with Natividad Estabillo. Evidence from housemaids, neighbors, and the apartment owner corroborated this cohabitation. The respondent's defense claimed termination of the relationship with Natividad and attributed his departure from the marital home to his wife's alleged nagging and absences. The Office of the Solicitor General investigated the complaint and filed the disbarment action. The Petition: The disbarment complaint, filed in 1974, alleged that the respondent engaged in grossly immoral conduct by abandoning his wife and resuming relations with a married woman, Natividad Estabillo, with whom he had a child. The respondent failed to answer the complaint filed by the Solicitor General and waived the presentation of additional evidence, nor did his lawyer submit a memorandum. The Court found that the complainant sustained the burden of proof, establishing the respondent's abandonment of his wife and his adulterous relations with a married woman, thus warranting disbarment.
Issue(s)
Whether respondent Generoso B. Obusan, Jr. is guilty of grossly immoral conduct warranting disbarment. Whether respondent abandoned his lawful wife and cohabited with another woman.
Ruling
The respondent is disbarred, and his name is ordered to be stricken off the Roll of Attorneys.
Ratio Decidendi
On whether respondent Generoso B. Obusan, Jr. is guilty of grossly immoral conduct warranting disbarment: The Court found that the complainant sustained the burden of proof. The respondent's abandonment of his wife and his adulterous relations with a married woman, with whom he begot a child, constitute grossly immoral conduct. This conduct is described as "willful, flagrant, or shameless, and which shows a moral indifference to the opinion of the good and respectable members of the community." The Court cited the principle that abandoning one's wife and resuming carnal relations with a former paramour, who is a married woman, falls within the definition of grossly immoral conduct. The respondent failed to overcome the evidence presented by his wife. The Court reiterated that such actions by a lawyer are unacceptable and fall short of the high moral standards required of the legal profession. The evidence presented by the complainant was sufficient to establish the respondent's guilt. On whether respondent abandoned his lawful wife and cohabited with another woman: The evidence presented by the complainant established that the respondent abandoned his wife and cohabited with Natividad Estabillo. Witnesses testified to their living together as husband and wife, and the respondent was known as Mr. Estabillo at the apartment where they resided. The respondent's claim that he only visited to provide financial assistance was not sufficiently substantiated and was contradicted by the testimonies of multiple witnesses. His departure from the conjugal home and subsequent cohabitation with another woman, who had previously borne him a child, clearly demonstrated abandonment. The Court found the respondent's defense to be unconvincing in light of the corroborating evidence.
Main Doctrine
A lawyer may be disbarred for grossly immoral conduct, such as abandoning his lawful wife and cohabiting with another woman who has borne him a child, as such conduct fails to maintain the highest degree of morality expected and required of a member of the bar.