AC No.

4428 December 21, 2011

Elpidio Tiong, complainant
Vs
Atty. George M. Florendo, respondent

Perlas-Bernabe, J.:
Facts: Complainant, an American citizen and his wife are real estate lessors. In 1991,
they engaged the services of respondent, not only as legal counsel but also as
administrator of their business whenever complainant would leave for the USA.
Sometime in 1993, complainant suspected and confirmed that respondent and
his wife were having an affair. Complainant confronted his wife and his wife confessed.
During a meeting initiated by the respondent, the respondent and the complainant’s
wife confessed their illicit affair before their respective spouses. Complainant’s wife and
respondent signed an affidavit attesting their illicit relationship and seeking their
respective spouses forgiveness. Complainant then instituted a suit for disbarment
charging respondent of gross immorality and grave misconduct.

Issue: Whether or not the crime committed gross immorality and grave misconduct.

Ruling: Yes. Respondent’s act of having an affair with his client’s wife manifested his
disrespect for the laws on the sanctity of marriage and his own marital vow of fidelity. It
showed his utmost moral depravity and low regard for the ethics of his profession.
Likewise, he violated Canon 17 of the Code of Professional Responsibility which states
that “A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust
and confidence reposed in him.” Undeniably, therefore, his illicit relationship with Ma.
Elena amounts to a disgraceful and grossly immoral conduct warranting disciplinary
action from the Court.