Advincula vs.

Macabata
Facts:
> Complainant Advincula filed for a disbarment case against Atty. Macabata for gross
immorality.
>Complainant seek for the legal advice of the respondent, Atty. Macabata, regarding her
collectibles from Queensway Travel and Tours.
>On February 10, 2005, after the dinner, respondent sent complainant home and while she is
about to step out of the car, respondent held her arm and kissed her on the cheek and
embraced her very tightly.
>on March 6, 2005, after the meeting, respondent offered again a ride. Along the way,
complainant felt sleepy. At along San Francisco Del Monte, Quezon City respondent stopped his
car and forcefully hold her face and kissed her lips while the other hand was holding her breast.
Complainant managed to escape and informed the respondent that she decided to refer the
case to another lawyer. They exchanged text messages where respondent apologized.
>Respondent admitted that he agreed to provide legal services to the complainant, that on both
occasions, complainant rode with him in his car where he held and kissed complainant on the
lips as the former offered her lips to him; and, that the corner of Cooper Street and Roosevelt
Avenue, where he dropped off the complainant, was a busy street teeming with people, thus, it
would have been impossible to commit the acts accused to him.
> A hearing was conducted by the Commission on Bar Discipline of the Integrated Bar of the
Philippines (IBP) on July 26, 2005.
>September 30, 2005 Investigation Commissioner recommended a penalty of 1 month suspension
on respondent for violation of the Code of Professional Responsibility.
> On March 20, 2006 IBP passed Resolution No. XVII-2006-117 adopting and modifying the
recommendation of Investigation Commissioner thus Atty. Ernesto A. Macabata is SUSPENDED
from the practice of law for three (3) months.
Issue: w/n respondent committed acts that are grossly immoral or which constitute serious
moral depravity that would warrant his disbarment or suspension from the practice of law.
Decision: Atty. Ernesto A. Macabata is SUSPENDED from the practice of law for three (3) months.
Complaint for disbarment against respondent, for alleged immorality, is hereby DISMISSED.
Respondent is reprimanded to be more prudent and cautious in his dealing with his clients with
a warning that a more severe sanction will be imposed on him for any repetition of the same or
similar offense in the future.
The Code of Professional Responsibility provides:
CANON I x x x
Rule 1.01-- A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Immorality has not been confined to sexual matters, but includes conduct inconsistent with
rectitude, or indicative of corruption, indecency, depravity and dissoluteness; or is willful,
flagrant, or shameless conduct showing moral indifference to opinions of respectable members
of the community, and an inconsiderate attitude toward good order and public welfare.
Guided by the definitions above, acts of kissing or beso-beso on the cheeks as mere gestures
of friendship and camaraderie, forms of greetings, casual and customary. The acts of
respondent, though, in turning the head of 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.