6. Advincula vs. Atty. Macabata AC No.

7204 March 07, 2007

Facts:

The complainant, Cynthia Advincula filed a disbarment case against Atty. Ernesto
Macabata on the grounds of Gross Immorality.

The complainant sought for legal advice from the respondent regarding her collectibles
from Queensway Travel and Tours which later failed to settle its accounts with the complainant.
Thus, the possibility of filing a case against Queensway Travel and Tours was discussed. After
the meeting on February 10, 2005, the respondent gave the complainant a ride home. As the
complainant gets off the car, the respondent allegedly held her arm, kissed her cheek and
embraced her tightly. Again, after another meeting on March 06 2005, the respondent offered a
ride. On the road, the complainant felt sleepy for no obvious reason. The respondent suddenly
stopped the car in the vicinity of San Francisco del Monte, Quezon City. This time,
the respondent forcefully held her face, kissed her lips and held her breast. The complainant
managed to escape and decided to hire another lawyer for her case. They had exchange of
messages thru sms where the respondent apologized. The respondent admitted kissing the
complainant on the lips however countered that there was no harassment, intimidation or
lewdness instead everything was spontaneous.

Issues:

Whether or not the committed acts of the respondent are grossly immoral, or which constitute
serious moral depravity that would warrant disbarment or suspension from the practice of law

Held:

The acts of kissing or beso-beso on the cheeks are mere gestures of friendship and
camaraderie, form of greetings, casual and customary. The acts of the respondent, though, in
turning the head of the complainant towards him and kissing her on the lips are distasteful.
However, such act, even if considered offensive and undesirable, cannot be considered grossly
immoral. The complainant miserably failed to establish the burden of proof required of her.
However, her efforts are lauded to stand up for her honor. The complaint for disbarment against
the respondent, Atty. Ernesto Macabata, for alleged immorality is dismissed. However, he is
reprimanded to be more prudent and cautious in dealing with his clients.

(funny ang case.. naughty yung lawyer..tsk!tsk!.. spontaneous daw?!!)