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CASE NAME: ARNOBIT VS ARNOBIT Author: ROLANDO J. TABINGA JR.

DATE: October 17, 2008 Subject: ETHICS

AC No. 1481 MORAL FITNESS - Rule 7.03

DOCTRINE: As we have already ruled, disbarment is warranted against a lawyer who abandons his lawful wife to maintain an illicit
relationship with another woman who had borne him a child. (Narag; citing Obusan v. Obusan, Toledo v. Toledo)

FACTS: In 1942, Rebecca and Atty. Ponciano, all surnamed Arnobit, were married. Out of this lawful wedlock, twelve children were born.
While Atty. Ponciano was having a hard time in law school, Rebecca continuously supported him until such time that the former became a
lawyer. In 1968, Atty. Ponciano left the conjugal home and started cohabiting with one Benita Buanafe(kabit) with whom he sired four more
children. Rebecca initially filed a complaint for legal separation and support, thereafter, an adultery case followed. In 1975 where after
considering all the facts, Rebecca prayed the court to exercise its disciplinary power over Atty Ponciano on the ground of immorality and
abandonment.

In his answer, Atty. Ponciano admitted that he was indeed married with Rebecca and, at the same time, denied all the allegations. According
to him, Rebecca was the one who caused the separation due to the latter frequent travelling, therefore, neglecting her obligation toward her
family. With all the issues taken altogether, hearings were conducted before the Office of the Solicitor General and, subsequently, before the
IBP Commission on Bar Discipline (Commission). At the witness stand, Rebecca presented her sister who identified a letter (asking for
forgiveness) which Atty.Ponciano sent to Rebecca’s sister. In addition, Benita’s husband (asawa ng kabit) testified and confirmed the illicit
relationship of the two (ouch). Accordingly, Rebecca presented an affidavit of certain NBI agents who ascertained the existence of a pending
adultery case against Atty. Ponciano. Also, pictures and baptismal certificates of the illegitimate children of Atty. Ponciano with Benita(kabit)
were added as evidence to sustain the illicit affair of the two. Despite due notices, Atty. Ponciano repeatedly absented himself from the
schedule hearings. In lieu of personal appearance, the Commission sent several directives for Atty. Ponciano just to send by mail his affidavits
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but to no avail.

In 1995, the Commision found Ponciano liable for abandonment and recommended his suspension from the practice of law for three (3)
months. IBP Board of Governors approved said decision.
ISSUE/S: WON gross immoral conduct has sufficiently been proven. Yes.

HELD: Immoral conduct has been described as that conduct which is so willful, flagrant, or shameless as to show indifference to the opinion
of good and respectable members of the community. To be the basis of disciplinary action, such conduct must not only be immoral, but
grossly immoral. For a lawyer may be suspended or disbarred for any misconduct which, albeit unrelated to the actual practice of his
profession, would show him to be unfit for the office and unworthy of the privileges with which his license and the law invest him. A member
of the bar and an officer of the court is not only required to refrain from adulterous relationships or keeping a mistress but must also so
behave himself as to avoid scandalizing the public by creating the impression that he is flouting those moral standards.

RULING: The court said that Atty Ponciano should not be only penalized on the charge of abandonment but also be disbarred due to his
gross immoral conduct which has been sufficiently been proven. With all the chances given to him, Atty Ponciano had never rebutted all the
accusations. Although duly notified, he never attended the hearings to rebut all the charges, suggesting that the same are true. Undoubtedly,
Atty. Ponciano’s act of leaving his wife and 12 children to cohabit and have children with another woman constitutes grossly immoral
conduct. And to add insult to injury, there seems to be little attempt on the part of respondent to be discreet about his liaison with the other
woman. WHEREFORE, Atty. Ponciano P. Arnobit is hereby DISBARRED.

NOTES: Rule 1.01- A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct:

CANON 7 A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the
Integrated Bar. 
Rule 7.03- A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor should
he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.