0 оценок0% нашли этот документ полезным (0 голосов)
99 просмотров13 страниц
This document summarizes a case regarding a complaint filed by Julieta B. Narag against her husband, Atty. Dominador M. Narag, accusing him of violating the Code of Ethics for Lawyers. Specifically, she accused him of having an illicit relationship with a former student, Gina Esperita. The case was referred to the Integrated Bar of the Philippines for investigation. Later, the complainant sought to dismiss the case, claiming she fabricated the allegations, but then appealed again for her husband to be disbarred, saying she dropped the case previously due to threats from her husband. Ultimately, the respondent denied the allegations and claimed the complainant was emotionally disturbed and jealous.
This document summarizes a case regarding a complaint filed by Julieta B. Narag against her husband, Atty. Dominador M. Narag, accusing him of violating the Code of Ethics for Lawyers. Specifically, she accused him of having an illicit relationship with a former student, Gina Esperita. The case was referred to the Integrated Bar of the Philippines for investigation. Later, the complainant sought to dismiss the case, claiming she fabricated the allegations, but then appealed again for her husband to be disbarred, saying she dropped the case previously due to threats from her husband. Ultimately, the respondent denied the allegations and claimed the complainant was emotionally disturbed and jealous.
This document summarizes a case regarding a complaint filed by Julieta B. Narag against her husband, Atty. Dominador M. Narag, accusing him of violating the Code of Ethics for Lawyers. Specifically, she accused him of having an illicit relationship with a former student, Gina Esperita. The case was referred to the Integrated Bar of the Philippines for investigation. Later, the complainant sought to dismiss the case, claiming she fabricated the allegations, but then appealed again for her husband to be disbarred, saying she dropped the case previously due to threats from her husband. Ultimately, the respondent denied the allegations and claimed the complainant was emotionally disturbed and jealous.
JULIETA B. NARAG, complainant, vs. ATTY. D!INADR !. NARAG, respondent. D E C I " I N PER CURIAM# Good moral character is a continuing qualification required of every member of the bar. Thus, when a lawyer fails to meet the eacting standard of moral integrity, the !u"reme Court may withdraw his or her "rivilege to "ractice law. #n November $%, $&'&, (rs. )ulieta B. Narag filed an administrative com"laint *$+ for disbarment against her husband, Atty. ,ominador (. Narag, whom she accused of having violated Canons $ and -, .ule $./$ of the Code of Ethics for 0awyers. *1+ The com"lainant narrated2 3The !t. 0ouis College of Tuguegarao engaged the services of Atty. ,ominador (. Narag in the early seventies as a full4time college instructor in the College of Arts and !ciences and as a "rofessor in the Graduate !chool. 5n $&'6, (s. Gina Es"ita, $7 years old and a first year college student, enrolled in sub8ects handled by Atty. Narag. Eerting his influence as her teacher, and as a "rominent member of the legal "rofession and then member of the !angguniang Bayan of Tuguegarao, Atty. Narag courted (s. Es"ita, gradually lessening her resistance until the student acceded to his wishes. They then maintained an illicit relationshi" 9nown in various circles in the community, but which they managed to 9ee" from me. 5t therefore came as a terrible embar*r+assment to me, with uns"ea9able grief and "ain when my husband abandoned us, his family, to live with (s. Es"ita, in utterly scandalous circumstances. 5t a""ears that Atty. Narag used his "ower and influence as a member of the !angguniang :anlalawigan of Cagayan to cause the em"loyment of (s. Es"ita at the ,e"artment of Trade and 5ndustry Central #ffice at (a9ati, (etro (anila. #ut of gratitude "erha"s, for this gesture, (s. Es"ita agreed to live with Atty. Narag, her sense of right*e+ousness and morals com"letely corru"ted by a member of the Bar. 5t is now a common 9nowledge in the community that Atty. ,ominador (. Narag has abandoned us, his family, to live with a 114year4old woman, who was his former student in the tertiary level*.+; *%+ This Court, in a .esolution dated ,ecember $', $&'&, referred the case to the 5ntegrated Bar of the :hili""ines <5B:= for investigation, re"ort and recommendation. *6+ #n )une 1-, $&&/, the office of then Chief )ustice (arcelo B. >ernan received from com"lainant another letter see9ing the dismissal of the administrative com"laint. !he alleged therein that <$= she fabricated the allegations in her com"laint to humiliate and s"ite her husband? <1= all the @ love letters between the res"ondent and Gina Es"ita were forgeries? and <%= she was suffering from 3emotional confusion arising from etreme 8ealousy.; The truth, she stated, was that her husband had remained a faithful and res"onsible family man. !he further asserted that he had neither entered into an amorous relationshi" with one Gina Es"ita nor abandoned his family. *A+ !u""orting her letter were an Affidavit of ,esistance *-+ and a (otion to ,ismiss, *7+ attached as Annees 3A; and 3B,; which she filed before the 5B: commission on bar disci"line. *'+ 5n a ,ecision dated #ctober ', $&&$, the 5B: Board of Governors *&+ dismissed the com"laint of (rs. Narag for failure to "rosecute. *$/+ The case too9 an une"ected turn when, on November 1A, $&&$, this Court *$$+ received another letter *$1+ from the com"lainant, with her seven children *$%+ as co4 signatories, again a""ealing for the disbarment of her husband. !he e"lained that she had earlier dro""ed the case against him because of his continuous threats against her. *$6+ 5n his Comment on the com"lainantBs letter of November $$, $&&$, filed in com"liance with this CourtBs .esolution issued on )uly -, $&&1, *$A+ res"ondent "rayed that the decision of the Board of Governors be affirmed. ,enying that he had threatened, harassed or intimidated his wife, he alleged that she had voluntarily eecuted her Affidavit of ,esistance *$-+ and (otion to ,ismiss, *$7+ even a""earing before the investigating officer, Commissioner .acela, to testify under oath 3that she "re"ared the (otion to ,ismiss and Affidavit of ,esistance on her own free will and affirmed the contents thereof.; 5n addition, he "rofessed his @ love for his wife and his children and denied abandoning his family to live with his "aramour. Cowever, he described his wife as a "erson emotionally disturbed, viz.: 3Dhat is "itiable here is the fact that Com"lainant is an incurably 8ealous and "ossessive woman, and every time the strea9 of 8ealousy rears its head, she fires off letters or com"laints against her husband in every conceivable forum, all without basis, and "urely on im"ulse, 8ust to satisfy the consuming demands of her ElovingB 8ealousy. Then, as is her nature, a few hours afterwards, when her 8ealousy cools off, she re"ents and feels sorry for her acts against the .es"ondent. Thus, when she wrote the 0etter of November $$, $&&$, she was then in the gri"s of one of her bouts of 8ealousy.; *$'+ #n August 16, $&&1, this Court issued another .esolution referring the Comment of res"ondent to the 5B:. *$&+ 5n the hearing before 5B: Commissioner :laridel C. )ose, res"ondent alleged the following2 *1/+ 31. Four .es"ondent comes from very "oor "arents who have left him not even a square meter of land, but gave him the best legacy in life2 a "ur"oseful and meaningful education. Com"lainant comes from what she claims to be very rich "arents who value material "ossession more than education and the higher and nobler as"irations in life. Com"lainant abhors the "oor. %. Four .es"ondent has a loving u"bringing, nurtured in the gentle ways of @ love, forgiveness, humility, and concern for the "oor. Com"lainant was reared and raised in an entirely different environment. Cer value system is the very o""osite. 6. Four .es"ondent loves his family very dearly, and has done all he could in thirty4eight <%'= years of marriage to "rotect and "reserve his family. Ce gave his family sustenance, a comfortable home, @ love, education, com"anionshi", and most of all, a good and res"ected name. Ce was always gentle and com"assionate to his wife and children. Even in the most trying times, he remained calm and never inflicted violence on them. Cis children are all now full4fledged "rofessionals, mature, and gainfully em"loyed.
Four .es"ondent subscribes to the sanctity of marriage as a social institution. #n the other hand, consumed by insane and unbearable 8ealousy, Com"lainant has been systematically and unceasingly destroying the very foundations of their marriage and their family. Their marriage has become a torture chamber in which Four .es"ondent has been incessantly BEATEN, BATTE.E,, B.GTA05HE,, T#.TG.E,, ABG!E,, and CG(505ATE,, "hysically, mentally, and emotionally, by the Com"lainant, in "ublic and at home. Their marriage has become a nightmare. >or thirty4eight years, your .es"ondent suffered in silence and bore the "ain of his misfortune with dignity and with almost infinite "atience, if only to "reserve their family and their marriage. But this is not to be. The Com"lainant never mellowed and never became gentl*e+, loving, and understanding. 5n fact, she became more fierce and "redatory. Cence, at this "oint in time, the light at the tunnel for Four .es"ondent does not seem in sight. The dar9ness continues to shroud the marital and familial landsca"e. Four .es"ondent has to undergo a catharsis, a liberation from enslavement. :ara"hrasing ,orfman in E,eath and the (aidenB, can the torturer and the tortured co4eist and live togetherI Cence, faced with an absolutely uncom"rehending and uncom"romising mind whose only obsession now is to destroy, destroy, and destroy, Four .es"ondent, with "er"etual regret and with great sorrow, filed a :etition for Annulment of (arriage, !"l. :roc. No. A--, .TC, Branch 555, Tuguegarao, Cagayan. . A. Com"lainant is a violent husband4beater, vitriolic and unbending. But your .es"ondent never revealed these destructive qualities to other "eo"le. Ce "reserved the good name and dignity of his wife. This is in com"liance with the marital vow to @ love, honor or obey your s"ouse, for better or for worse, in sic9ness and in health. . . Even in this case, Four .es"ondent never revealed anything derogatory to his wife. 5t is only now that he is constrained to reveal all these things to defend himself. #n the other hand, for no reason at all, ece"t a 8ealous rage, Com"lainant tells everyone, everywhere, that her husband is worthless, good4for4nothing, evil and immoral. !he goes to colleges and universities, "rofessional organiJations, religious societies, and all other sectors of the community to tell them how evil, bad and immoral her husband is. !he tells them not to hire him as "rofessor, as Counsel, or any other ca"acity because her husband is evil, bad, and immoral. 5s this loveI !ince when did @ love become an instrument to destroy a manBs dearest "ossession in life 4 his good name, re"utation and dignityI Because of Com"lainantBs virulent disinformation cam"aign against her husband, em"loying every unethical and immoral means to attain his ends, Four .es"ondent has been irre"arably and irreversibly disgraced, shamed, and humiliated. Four .es"ondent is not a scandalous man. 5t is he who has been mercilessly scandaliJed and crucified by the Com"lainant.; *1$+ To "rove the alleged "ro"ensity of his wife to file false charges, res"ondent "resented as evidence the following list of the com"laints she had filed against him and Gina Es"ita2 3%.$ Com"laint for 5mmoralityKNeglect of ,uty %.1 Com"laint for 5mmoralityKNeglect of ,uty, ,50G, Adm. Case No. :4A4&/. %.% Com"laint for Concubinage. :rovincial :rosecutorBs #ffice of Cagayan. 5.! No. '&4$$6. %.6 Com"laint for Anti4Graft and Corru"t :ractices and concubinage. #(BG,!(AN Case No. $4&14//'%. %.A Com"laint for Civil !u""ort. .TC, Tuguegarao, Civil Case No. 6/-$. ,5!(5!!E,. %.- Com"laint for Concubinage. :rovincial :rosecutorBs #ffice of Cagayan. 5.!. No. &14$/&. ,5!(5!!E,. < =. Com"lainant filed (otion for .econsideration. ,EN5E,. < =. %.7 Com"laint for ,isbarment < = with !*u"reme+ C*ourt+. Dithdrawn < =. ,5!(5!!E, by 5B: Board of Governors < =. .e4instituted < =. %.' Com"laint for ,isbarment, again < =. Adm. Case No. %6/A. :ending. %.& Com"laint for Concubinage, again < =. Third (CTC, Tumauini, 5sabela. :ending. ; *11+ 5n his des"erate effort to ecul"ate himself, he averred2 35. That all the alleged @ love letters and envelo"es < =, "icture < = are inadmissible in evidence as enunciated by the !u"reme Court in ECecilia Hulueta vs. Court of A""eals, et. al.B, G... No. $/7%'%, >ebruary 1/, $&&-. < =.
55. That res"ondent is totally innocent of the charges2 Ce never courted Gina Es"ita in the !aint 0ouis College of Tuguegarao. Ce never caused the em"loyment of said woman in the ,T5. Ce never had or is having any illicit relationshi" with her anywhere, at any time. Ce never lived with her as husband and wife anywhere at any time, be it in Centro Tumauini or any of its barangays, or in any other "lace. Ce never begot a child or children with her. >inally, res"ondent submits that all the other allegations of (rs. Narag are false and fabricated,
555. .es"ondent never abandoned his family*.+ (rs. Narag and her two sons forcibly drove res"ondent Narag out of the con8ugal home. After that, Atty. Narag tried to return to the con8ugal home many times with the hel" of mutual friends to save the marriage and the family from colla"se. Ce tried several times to reconcile with (rs. Narag. 5n fact, in one of the hearings of the disbarment case, he offered to return home and to reconcile with (rs. Narag. But (rs. Narag refused all these efforts of res"ondent Narag. 5L. Com"lainant )ulieta B. Narag is an unbearably 8ealous, violent, vindictive, scandalous, virulent and merciless wife since the beginning of the marriage, who incessantly beat, battered, brutaliJed, tortured, abuse*d+, scandaliJed, and humiliated res"ondent Atty. Narag, "hysically, mentally, emotionally, and "sychologically, . L. Com"lainant )ulieta NaragBs claim in her counter4 manifestation dated (arch 1', $&&-, to the effect that the affidavit of ,ominador B. Narag, )r., dated >ebruary 17, $&&- was obtained through force and intimidation, is not true. ,ominador, )r., eecuted his affidavit freely, voluntarily, and absolutely without force or intimidation, as shown by the transcri"t of stenogra"hic notes of the testimonies of .es"ondent Atty. Narag and Tuguegarao (TC )udge ,ominador Garcia during the trial of Criminal Case No. $16%&, :eo"le vs. ,ominador (. Narag, et. al., before the Tuguegarao (TC on (ay %, $&&-. .
L5. .es"ondent Atty. Narag is now an old man 4 a senior citiJen of -% years 4 sic9ly, abandoned, disgraced, wea9ened and debilitated by "rogressively degenerative gout and arthritis, and hardly able to earn his own 9ee". Cis very "hysical, medical, "sychological, and economic conditions render him unfit and unable to do the things attributed to him by the com"lainant. :lease see the attached medical certificates, , among many other similar certificates touching on the same ailments. .es"ondent is also suffering from hy"ertension.; *1%+ #n )uly $', $&&7, the investigating officer submitted his re"ort, *16+ recommending the indefinite sus"ension of Atty. Narag from the "ractice of law. The material "ortions of said re"ort read as follows2 3Culled from the voluminous documentary and testimonial evidence submitted by the contending "arties, two <1= issues are relevant for the dis"osition of the case, namely2 a= Dhether there was indeed a commission of alleged abandonment of res"ondentBs own family and *whether he was+ living with his "aramour, Gina Es"ita? b= Dhether the denial under oath that his illegitimate children with Gina Es"ita <Aurelle ,ominic and Myle ,ominador= as a""earing on "aragra"h $<g= of res"ondentBs Comment vis4a4vis his handwritten@ love letters, the due eecution and contents of which, although he ob8ected to their admissibility for being allegedly forgeries, were never denied by him on the witness stand much less "resented and offered "roof to su""ort otherwise. Ece"t for the testimonies of res"ondentBs witnesses whose testimonies tend to de"ict the com"laining wife, (rs. Narag, as an incurably 8ealous wife and "ossessive woman suffering everytime with strea9s of 8ealousy, res"ondent did not "resent himself on the witness stand to testify and be cross4eamined on his sworn comment? much less did he "resent his alleged "aramour, Gina Es"ita, to dis"rove the adulterous relationshi" between him and their having begotten their illegitimate children, namely2 Aurelle ,ominic N. Es"ita and Myle ,ominador N. Es"ita. Dorse, res"ondentBs denial that he is the father of the two is a ground for disci"linary sanction <(orcayda v. NaJ, $1A !C.A 6-7=. Liewed from all the evidence "resented, we find the res"ondent sub8ect to disci"linary action as a member of the legal "rofession.; *1A+ 5n its .esolution *1-+ issued on August 1%, $&&7, the 5B: ado"ted and a""roved the investigating commissionerBs recommendation for the indefinite sus"ension of the res"ondent. *17+ !ubsequently, the com"lainant sought the disbarment of her husband in a (anifestationKComment she filed on #ctober 1/, $&&7. The 5B: granted this stiffer "enalty and, in its .esolution dated November %/, $&&7, denied res"ondentBs (otion for .econsideration. After a careful scrutiny of the records of the "roceedings and the evidence "resented by the "arties, we find that the conduct of res"ondent warrants the im"osition of the "enalty of disbarment. The Code of :rofessional .es"onsibility "rovides2 3.ule $./$44 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.; ;CAN#N 744 A lawyer shall at all times u"hold the integrity and dignity of the legal "rofession, and su""ort the activities of the 5ntegrated Bar. .ule 7./%44 A lawyer shall not engage in conduct that adversely reflects on his fitness to "ractice law, nor should he, whether in "ublic or "rivate life, behave in a scandalous manner to the discredit of the legal "rofession.; Thus, good moral character is not only a condition "recedent *1'+ to the "ractice of law, but a continuing qualification for all members of the bar. Cence, when a lawyer is found guilty of gross immoral conduct, he may be sus"ended or disbarred. *1&+ 5mmoral conduct has been defined as that conduct which is so willful, flagrant, or shameless as to show indifference to the o"inion of good and res"ectable members of the community. *%/+ >urthermore, such conduct must not only be immoral, but grossly immoral. That is, it must be so corru"t as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree *%$+ or committed under such scandalous or revolting circumstances as to shock the common sense of decency. *%1+ De e"lained in Barrientos vs. Daarol *%%+ that, 3as officers of the court, lawyers must not only in fact be of good moral character but must also be seen to be of good moral character and leading lives in accordance with the highest moral standards of the community. (ore s"ecifically, a member of the Bar and officer of the court is not only required to refrain from adulterous relationshi"s or the 9ee"ing of mistresses but must also so behave himself as to avoid scandaliJing the "ublic by creating the belief that he is flouting those moral standards.; .es"ondent Narag is accused of gross immorality for abandoning his family in order to live with Gina Es"ita. The burden of "roof rests u"on the com"lainant, and the Court will eercise its disci"linary "ower only if she establishes her case by clear, convincing and satisfactory evidence. *%6+ :resented by com"lainant as witnesses, aside from herself, *%A+ were2 Charlie Es"ita, *%-+ (agdalena Bautista, *%7+ Bienvenido Eugenio, *%'+ Alice Carag, *%&+ ,r. )ervis B. Narag, *6/+ ,ominador Narag, )r., *6$+ and Nieves >. .eyes. *61+ Charlie Es"ita, brother of the alleged "aramour Gina Es"ita, corroborated com"lainantBs charge against res"ondent in these categorical statements he gave to the investigating officer2 Q Mr. Witness do you kno! "tty. #arag$ " %es %our &onor he is the live'in partner of my sister (ina )spita. Q *f "tty. #arag is here can you point +to, him$ " %es sir. -Witness pointed to the respondent "tty. Dominador #arag. Q Why do you kno! "tty. #arag$ "//%. #"0"(: "lready ans!ered. &e said * am the live'in partner. 12#/*#3"/*2# 24 /&) D*0)1/ " Because he is the live'in partner of my sister and that they are no! living together as husband and !ife and that they already have t!o children "urelle Dominic and 5yle Dominador. ;
*6%+ ,uring cross4eamination conducted by the res"ondent himself, Charlie Es"ita re"eated his account that his sister Gina was living with the res"ondent, with whom she had two children2 Q Mr. )spita you claim that "tty. #arag is no! living !ith your sister as husband and !ife. %ou claim that$ " %es sir. Q Why do you say that$ " Because at present you are living together as husband and !ife and you have already t!o children and * kno! that that is really an immoral act !hich you cannot 6ust allo! me to follo! since my moral values don7t allo! me that my sister is living !ith a married man like you. Q &o! do you kno! that "tty. #arag is living !ith your sister$ Did you see them in the house$ " %es si+r,.
Q %ou said also that "tty. #arag and your sister have t!o children "urelle Dominic and 5yle Dominador is it not$ " %es sir. Q &o! do you kno! that they are the children of "tty. #arag$ " Because you are staying together in that house and you have left your family.8 *66+ 5n addition, Charlie Es"ita admitted <$= that it was he who handed to (rs. Narag the love letters res"ondent had sent to his sister, and <1= that Atty. Narag tried to dissuade him from a""earing at the disbarment "roceedings. *6A+ Ditness Bienvenido Eugenio strengthened the testimony of Charlie Es"ita in this wise2 Q Mr. Witness do you kno! the respondent in this case$ " * kno! him very !ell sir. Q 1ould you please tell us !hy do you kno! him$ " Because he !as al!ays going to the house of my son'in'la! by the name of 1harlie )spita.
Q Mr. )ugenio do you kno! the residence of "tty. Dominador M. #arag$ " "t that time he +!as, residing in the house of 0eynaldo "ngubong sir. Q "nd this is located !here$ " 1entro /amauini *sabela sir. Q "nd you specifically categorically state under oath that this is the residence of "tty. #arag$ " %es sir.
Q "nd under oath this is !here "tty. #arag and (ina )spita are allegedly living as husband and !ife is it not$ " %es sir.8 *6-+ Ditness Nieves .eyes, a neighbor and friend of the estranged cou"le, testified that she learned from the Narag children 44 .andy, Bong and .owena 44 that their father left his family, that she and her husband "rodded the com"lainant to acce"t the res"ondent bac9, that the Narag cou"le again se"arated when the res"ondent 3went bac9 to his woman,; and that Atty. Narag had maltreated his wife. *67+ #n the strength of the testimony of her witnesses, the com"lainant was able to establish that res"ondent abandoned his family and lived with another woman. Absent any evidence showing that these witnesses had an ill motive to testify falsely against the res"ondent, their testimonies are deemed worthy of belief. >urther, the com"lainant "resented as evidence the @ love letters that res"ondent had sent to Gina. 5n these letters, res"ondent clearly manifested his @ love for Gina and her two children, whom he ac9nowledged as his own. 5n addition, com"lainant also submitted as evidence the cards that she herself had received from him. Guided by the rule that handwriting may be "roved through a com"arison of one set of writings with those admitted or treated by the res"ondent as genuine, we affirm that the two sets of evidence were written by one and the same "erson. *6'+ Besides, res"ondent did not "resent any evidence to "rove that the @ love letters were not really written by him? he merely denied that he wrote them. Dhile the burden of "roof is u"on the com"lainant, res"ondent has the duty not only to himself but also to the court to show that he is morally fit to remain a member of the bar. (ere denial does not suffice. Thus, when his moral character is assailed, such that his right to continue "racticing his cherished "rofession is im"eriled, he must meet the charges squarely and "resent evidence, to the satisfaction of the investigating body and this Court, that he is morally fit to have his name in the .oll of Attorneys. *6&+ This he failed to do. .es"ondent adamantly denies abandoning his family to live with Gina Es"ita. At the same time, he de"icts his wife as a 3violent husband4beater, vitriolic and unbending,; and as an 3insanely and "athologically 8ealous woman,; whose only obsession was to 3destroy, destroy and destroy; him as shown by her filing of a series of allegedly unfounded charges against him <and Gina Es"ita=. To "rove his allegation, he "resented ninety4eight <&'= "ieces of documentary evidence *A/+ and ten <$/= witnesses. *A$+ De note, however, that the testimonies of the witnesses of res"ondent did not establish the fact that he maintained that moral integrity required by the "rofession that would render him fit to continue "racticing law. Neither did their testimonies destroy the fact, as "roven by the com"lainant, that he had abandoned his family and lived with Gina Es"ita, with whom he had two children. !ome of them testified on matters which they had no actual 9nowledge of, but merely relied on information from either res"ondent himself or other "eo"le, while others were "resented to im"each the good character of his wife. .es"ondent may have "rovided well for his family 44 they en8oyed a comfortable life and his children finished their education. Ce may have also established himself as a successful lawyer and a seasoned "olitician. But these accom"lishments are not sufficient to show his moral fitness to continue being a member of the noble "rofession of law. De remind res"ondent that "arents have not only rights but also duties N e.g., to su""ort, educate and instruct their children according to right "rece"ts and good eam"le? and to give them @ love, com"anionshi" and understanding, as well as moral and s"iritual guidance. *A1+ As a husband, he is also obliged to live with his wife? to observe mutual @ love, res"ect and fidelity? and to render hel" and su""ort. *A%+ .es"ondent himself admitted that his wor9 required him to be often away from home. But the evidence shows that he was away not only because of his wor9? instead, he abandoned his family to live with his "aramour, who bore him two children. 5t would a""ear, then, that he was hardly in a "osition to be a good husband or a good father. Cis children, who grew u" mostly under the care of their mother, must have scarcely felt the warmth of their fatherBs @ love. .es"ondentBs son, )ervis B. Narag, showed his resentment towards his fatherBs moral frailties in his testimony2 Q My 9uestion is this is there any sin so grievous that it cannot be forgiven is there a fault that is so serious that it is incapable of forgiveness$ " /hat depends upon the sin or fault sir but if the sin or fault is !ith the emotional part of myself * suppose * cannot forgive a person although * am a (od'fearing person but * h+av,e to give the person a lesson in order for him or her to at least realize his mistakes sir.
12M0. :2;): * think it sounds like this. "ssuming for the sake of argument that your father is the !orst hardened criminal on earth !ould you send him to 6ail and have him disbarred$ /hat is the 9uestion. 12#/*#3"/*2#. " With the reputation that he had removed from us * suppose he has to be given a lesson. "t this point in time * might 6ust forgive him if he !ill have to e<perience all the pains that !e have also suffered for 9uite sometime. Q Dr. #arag your father gave you life his blood runs in your veins his flesh is your flesh his bones are your bones and you no! diso!n him because he is the !orst man on earth is that !hat you are saying. " ;ort of sir. Q %ou are no! telling that as far +as, you are concerned because your father has sinned you have no more father am * correct$ " =ong before sir * did not feel much from my father even !hen * !as still a kid because my father is not al!ays staying !ith us at home. ;o ho! can you say that$ %es he gave me life !hy not$ But for sure sir you did not give me love.8 *A6+ Another son, ,ominador Narag, )r., narrated before the investigating officer the trauma he went through2 Q *n connection !ith that affidavit Mr. Witness !hich contains the fact that your father is maintaining a paramour could you please tell this &onorable 1ommission the effect on you$ " /his has a very strong effect on me and this includes my brothers and sisters especially my married life sir. "nd it also affected my children so much that * and my !ife ha+ve, parted !ays. *t hurts to say that * and my !ife parted !ays. /his is one reason that affected us. Q Will you please tell us specifically !hy you and your !ife parted !ays$ " Because my !ife !a+s, ashamed of !hat happened to my family and that she could not face the people our community especially because my !ife belongs to a !ell'kno!n family in our community. Q &o! about the effect on your brothers and sisters$ >lease tell us !hat are those. " Well sir this has also affected the health of my elder sister because she kno!s so !ell that my mother suffered so much and she kept on thinking about my mother.
Q Why did your !ife leave you$ " /he truth is because of the things that had happened in our family %our &onor. Q *n your !ife7s family$ " *n our family sir. Q "nd !hat do you mean by that$ " What * meant by that is my father had an illicit relationship and that my father !ent to the e<tent of scolding my !ife and calling my !ife a puta8 in provincial government !hich my mother'in'la! hated him so much for this !hich really affected us. "nd then my !ife kne! for a fact that my father has an illicit relationship !ith (ina )spita !hom he bore t!o children by the name of "urelle Dominic and 5yle Dominador !hich * could prove and * stand firm to this %our &onor.8 *AA+ Although res"ondent "iously claims adherence to the sanctity of marriage, his acts "rove otherwise. A husband is not merely a man who has contracted marriage. .ather, he is a "artner who has solemnly sworn to @ love and res"ect his wife and remain faithful to her until death. De reiterate our ruling in 1ordova vs. 1ordova *A-+ 3The moral delinquency that affects the fitness of a member of the bar to continue as such includes conduct that outrages the generally acce"ted moral standards of the community, conduct for instance, which ma9es a moc9ery of the inviolable social institution of marriage.; 5n /oledo vs. /oledo, *A7+ the res"ondent was disbarred from the "ractice of law, when he abandoned his lawful wife and cohabited with another woman who had borne him a child. 0i9ewise, in 2busan vs. 2busan *A'+ the res"ondent was disbarred after the com"lainant "roved that he had abandoned her and maintained an adulterous relationshi" with a married woman. This Court declared that res"ondent failed to maintain the highest degree of morality e"ected and required of a member of the bar. 5n the "resent case, the com"lainant was able to establish, by clear and convincing evidence, that res"ondent had breached the high and eacting moral standards set for members of the law "rofession. As held in Maligsa vs. 1abanting, *A&+ 3a lawyer may be disbarred for any misconduct, whether in his "rofessional or "rivate ca"acity, which shows him to be wanting in moral character, in honesty, "robity and good demeanor or unworthy to continue as an officer of the court.; $%ERE&RE, ,ominador (. Narag is hereby D*;B"00)D and his name is 20D)0)D ;/0*15)# from the .oll of Attorneys. 0et co"ies of this ,ecision be in the "ersonal record of .es"ondent Narag? and furnished to all courts of the land, the 5ntegrated Bar of the :hili""ines, and the #ffice of the Bar Confidant. " RDERED.
The Political Works of Daniel Defoe: Including The True-Born Englishman, An Essay upon Projects, The Complete English Tradesman & The Biography of the Author