SUBJECT: TOPIC: Date Made: Digest Maker:

Legal Profession 7.03 February 22, 2016 Gab

CASE NAME: Guevarra vs. Eala
PONENTE: Justice Per Curiam Case Date: August 1, 2007
Case Summary:
Eala was accused of adultery by Guevarra for having an affair with his wife,
Irene. Eala denied flaunting his relationship, which was a negative pregnant.
Birth Certificate of Samantha, Irenes daughter, with Eala as the father was
also evidence, as he didnt even explicitly deny being the father. Nullity of
marriage of Guevarra to Irene was immaterial, as affair was before judicial
declaration. Even if he was acquitted of adultery, it would not be a bar to
administrative complaint. He was disbarred for violating 1.01 and 7.03.

Rule of Law:

Detailed Facts:
Guevarra filed complaint for disbarment against Atty. Noli Eala
He met Eala when his then-fiancee, Irene, introduced them to each other. Eala was
married then to Marianne. He married Irene and one year later, he noticed texts like I
love you, I miss you, Meet you at Megamall.
Irene always came home late and he saw them together. When confronted, she
abandoned her conjugal house.
Ang sad nito, pumunta siya uninvited sa birthday ni Irene at nakita niyang masaya siya
with Eala. He also found a love letter sent on his wedding day by Eala.
He said they went to social functions together because a pic came out in Manila
Standard with caption Irene with sportscaster Noli Eala flaunting adulterous
relationship.
Eala said it was low profile and Marianne knew of his special friendship with Irene.
Birth Certificate of Samantha, Irenes daughter, also named Eala as father.
Issue:
1DDd Did he violate Canon 1.01 and 7.03? YES
Holding:
It should be noted that in his Answer dated 17 October 2002, respondent through
counsel made the following statements to wit: "Respondent specifically denies having
[ever] flaunted an adulterous relationship with Irene as alleged in paragraph [14] of
the Complaint, the truth of the matter being [that] their relationship was low profile
and known only to immediate members of their respective families . . He admitted.
Birth Certificate too.
Denial is a negative pregnant form of negative expression which carries with it an
affirmation or implication favorable to the other party. Qualifying circumstances alone
are denied while the fact itself is admitted.
respondent never denied being the father of the child.
sufficiently proven by more than clearly preponderant evidence. HTCISE

Eala not grossly immoral because discreet. Not scandalous.

SC Discreetness immaterial.
He violated lawyers oath, RPC, Family Code (Section 2)
He filed Manifestation during pendency of case saying nullity of Guevarras marriage to

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Irene had been granted and because its the same facts, criminal charge of adultery had
been withdrawn.
Immaterial as affair was before judicial declaration of nullity. Showed disrespect for
institution of marriage and betrayed unfitness as a lawyer. Also neglected to say that
dismissal of adultery case was reversed.
But even if respondent and Irene were to be acquitted of adultery after trial, if the
Information for adultery were filed in court, the same would not have been a bar
to the present administrative complaint. IDATCE

Ruling:
Violated 1.01 and 7.03. DISBARRED
Other Opinions:
Ang daming nagconcur. Walang nagdissent. Agree ata sila.

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