The Supreme Court disbarred Attys. Angel E. Garrido and Romana P. Valencia for gross immorality due to their marital misconduct. Atty. Garrido’s pattern of entering multiple marriages and engaging in extramarital affairs, along with Atty. Valencia’s willing participation, demonstrated a severe lack of moral character, violating the ethical standards expected of members of the Bar. This decision underscores the importance of maintaining the integrity and dignity of the legal profession, both in private and professional lives, and reaffirms that lawyers must adhere to the highest moral standards.

Love, Law, and Lies: Can a Lawyer’s Personal Immorality Tarnish the Profession?

This case revolves around a complaint filed by Maelotisea Sipin Garrido against her husband, Atty. Angel E. Garrido, and Atty. Romana P. Valencia, accusing them of gross immorality. Maelotisea alleged that Atty. Garrido had an affair with Atty. Valencia and that they had a child together, claiming they were married in Hong Kong while he was still married to her. Atty. Garrido, in his defense, argued that Maelotisea was not his legal wife because he was already married to Constancia David when he married her. He also claimed that the acts complained of occurred before he became a member of the bar. Atty. Valencia denied being Atty. Garrido’s mistress and argued that Maelotisea’s marriage to Atty. Garrido was void from the beginning.

The Integrated Bar of the Philippines (IBP) initially recommended Atty. Garrido’s disbarment but dismissed the case against Atty. Valencia. Atty. Garrido then sought relief from the Supreme Court, arguing that he did not commit gross immorality warranting disbarment and that the charges had prescribed under IBP rules. He also pleaded for humanitarian consideration. However, the Supreme Court, after reviewing the case, adopted the IBP’s findings against Atty. Garrido and reversed its recommendation concerning Atty. Valencia, ultimately disbarring both.

The Supreme Court emphasized that laws concerning double jeopardy, procedure, prescription of offenses, or affidavits of desistance do not apply in determining a lawyer’s qualifications for Bar membership. Admission to the practice of law is a component of the administration of justice and is a matter of public interest. Lack of qualifications or violation of standards for the practice of law is a matter of public concern that the State may inquire into. The Court cited Zaguirre v. Castillo, stating that good moral character is both a condition precedent and a continuing requirement for Bar admission and retention. The time elapsed between the immoral acts and the filing of the complaint is not material in considering Atty. Garrido’s qualifications.

The Court also addressed the affidavit of desistance filed by Maelotisea, stating that it could not discontinue the disbarment proceedings because Maelotisea’s participation was that of a witness bringing the matter to the Court’s attention. The Court noted that Maelotisea filed the affidavit after presenting her evidence, which remained available for examination. It emphasized that the affidavit was filed out of compassion, not to disown or refute the evidence submitted.

The Court defined immoral conduct as acts that are willful, flagrant, or shameless, showing a moral indifference to the opinion of upright members of the community. Such conduct is considered gross when it constitutes a criminal act or is so unprincipled as to be reprehensible to a high degree, shocking the community’s sense of decency. The Court applied this standard to lawyers who contracted unlawful second or multiple marriages. Cases like Macarrubo v. Macarrubo, Villasanta v. Peralta, and Conjuangco, Jr. v. Palma were cited, where lawyers were disbarred for undermining the institutions of marriage and family.

In Atty. Garrido’s case, the Court found a pattern of gross immoral conduct, including misrepresenting himself to Maelotisea as a bachelor, contracting a second marriage with Maelotisea while his first marriage subsisted, engaging in an extramarital affair with Atty. Valencia, marrying Atty. Valencia without validating his marriage to Maelotisea, and misusing his legal knowledge. These actions constituted multiple violations relating to the legal profession, including violations of Bar admission rules, his lawyer’s oath, and the ethical rules of the profession. The Court emphasized that Atty. Garrido did not possess the good moral character required of a lawyer and violated his oath by disobeying the laws of the land and engaging in unlawful, dishonest, and deceitful conduct, violating Canon 7 and Rule 7.03 of the Code of Professional Responsibility.

Regarding Atty. Valencia, the Court found her administratively liable for gross immorality. Prior to becoming a lawyer, she knew that Atty. Garrido was married but entered into a romantic relationship with him. She married Atty. Garrido with the knowledge of his outstanding second marriage. The Court found that she lacked good moral character and that her actions were grossly immoral. Her actions approximated a criminal act, as she married a man who, in all appearances, was married to another and with whom he had a family. Her conduct was unprincipled and reprehensible, driving Atty. Garrido away from legitimizing his relationship with Maelotisea and their children.

The Court rejected Atty. Valencia’s belief that Atty. Garrido’s marriage to Maelotisea was invalid, noting that their marriage in Hong Kong was a clandestine attempt to avoid bigamy charges. The Court also noted that Atty. Valencia did not mind sharing her husband with another woman, demonstrating a perverse sense of moral values. Thus, the Court held that Atty. Valencia violated Canon 7 and Rule 7.03 of the Code of Professional Responsibility, failing to adhere to the highest standards of morality.

Ultimately, the Supreme Court concluded that membership in the Bar is a privilege burdened with conditions and that it could be withdrawn where a lawyer lacks the essential qualifications. The Court disbarred both Atty. Angel E. Garrido and Atty. Rowena P. Valencia, emphasizing that the power to disbar is exercised with great caution and only in clear cases of misconduct that seriously affects the lawyer’s standing and character. The Court was convinced that the respondents’ pattern of grave and immoral misconduct demonstrated their lack of mental and emotional fitness and moral character to qualify them for the responsibilities and duties imposed on lawyers.

FAQs

What was the key issue in this case?	The key issue was whether Attys. Angel Garrido and Romana Valencia should be disbarred for gross immorality due to their marital misconduct, including bigamy and extramarital affairs. This involved assessing their moral character and adherence to the ethical standards of the legal profession.
What is gross immorality in the context of legal ethics?	Gross immorality refers to conduct that is willful, flagrant, or shameless, showing a moral indifference to the opinion of upright members of the community. It includes actions that are so corrupt as to constitute a criminal act or so unprincipled as to be highly reprehensible, shocking the community’s sense of decency.
Why was Atty. Garrido disbarred?	Atty. Garrido was disbarred for a pattern of gross immoral conduct, including entering multiple marriages, engaging in extramarital affairs, misrepresenting his marital status, and misusing his legal knowledge to justify his actions. These actions violated his lawyer’s oath and the ethical rules of the profession.
Why was Atty. Valencia also disbarred?	Atty. Valencia was disbarred because she knowingly entered into a relationship and marriage with Atty. Garrido while he was still married. The court deemed her actions grossly immoral.
Does an affidavit of desistance affect disbarment proceedings?	No, an affidavit of desistance does not automatically discontinue disbarment proceedings. In such cases, the complainant is viewed more as a witness who has brought the matter to the court’s attention, and their desistance does not negate the evidence presented.
What ethical rules did Atty. Garrido violate?	Atty. Garrido violated his lawyer’s oath, Section 20(a) of Rule 138 of the Rules of Court, Canon 1 of the Code of Professional Responsibility, Rule 1.01, Canon 7, and Rule 7.03 of the Code of Professional Responsibility.
What ethical rules did Atty. Valencia violate?	Atty. Valencia violated Canon 7 and Rule 7.03 of the Code of Professional Responsibility. The Court noted her behavior demeaned the dignity of and discredited the legal profession.
Can actions before becoming a lawyer be grounds for disbarment?	Yes, the possession of good moral character is a continuing requirement for Bar membership. Actions committed before admission to the Bar can be grounds for disbarment if they demonstrate a lack of good moral character at the time of admission and afterward.
What is the significance of marrying someone outside the Philippines in this case?	The court considered the marriage in Hong Kong a “clandestine marriage,” done to avoid bigamy charges. This was especially important because Atty. Valencia could have been aware that Atty. Garrido was already married.

This case serves as a reminder that lawyers must uphold the highest standards of morality and integrity, both in their professional and personal lives. The disbarment of Attys. Garrido and Valencia underscores the importance of maintaining the dignity and reputation of the legal profession and ensuring that lawyers are worthy of the trust placed in them by the public. The court here sends a signal that lawyers must adhere to the law, as that is their profession, and any deviation would be dealt with accordingly.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: MAELOTISEA S. GARRIDO v. ATTYS. ANGEL E. GARRIDO and ROMANA P. VALENCIA, G.R No. 53560, February 04, 2010