BUNAL, Mary Denzyll R.

Canon 1

Case: Cynthia Advincula, petitioner vs. Atty. Ernesto M. Macabata,

respondent.(A.C. No. 7204, March 7, 2007)

Facts:

The complainant sought for legal advice from the respondent

regarding her collectibles from Queensway Travel and Tours, which the
latter failed to settle its accounts with the complainant. Thus, the
possibility of filing a case against Queensway Travel and Tours was
discussed by the complainant and responded in their meetings.
After their first meeting on 10 February 2005, the respondent gave
the complainant a ride home. As the complainant gets off the car, the
respondent allegedly held her arm, kissed her cheek and embraced her
tightly.
Again, after another meeting on 6 March 2005, the respondent
offered a ride home to the complainant. On the road, the complainant felt
sleepy for no obvious reason. The respondent suddenly stopped the car
in the vicinity of San Francisco del Monte, Quezon City. This time, the
respondent forcefully held her face, kissed her lips and held her breast.
The complainant managed to escape from the car and decided to hire
another lawyer for her case. They had exchange of messages the
following day through SMS, where the respondent apologized, which is a
clear sign of guilt.
The respondent admitted kissing the complainant on the lips,
however countered that there was no harassment, intimidation or
lewdness instead everything was spontaneous and he had the approval of
the complainant through her actions.

Issue:

Whether 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.

Held:

Lawyers have been repeatedly reminded that their possession of

good moral character is a continuing condition to preserve their
membership in the Bar in good standing. The continued possession of
good moral character is a requisite condition for remaining in the
practice of law.
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, we perceived 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.
The complainant miserably failed to establish the burden of proof
required of her. However, her efforts are lauded to stand up for her
honor.
The complaint for disbarment against the respondent, Atty.
Ernesto Macabata, for alleged immorality is dismissed. However, he is
reprimanded to be more prudent and cautious in dealing with his clients.