Advincula vs. Atty.

Macabata
AC No. 7204
March 07, 2007

Facts:
The complainant, Cynthia Advincula filed a disbarment case Atty. Ernesto Macabata
on the grounds of Gross Immorality.

The complainant sought for legal advice from the respondent regarding her
collectibles from Queensway Travel and Tours which later failed to settle its accounts
with the complainant. Thus, the possibility of filing a case against Queensway Travel
and Tours was discussed.

After the meeting on February 10, 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 March 06 2005, the respondent offered a ride. 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 and decided to hire another lawyer for her
case. They had exchange of messages thru sms where the respondent apologized.

The respondent admitted kissing the complainant on the lips however countered that
there was no harassment, intimidation or lewdness instead everything was
spontaneous.

Issues:
Whether or not the respondent committed acts are grossly immoral, or which
constitute serious moral depravity that would warrant disbarment or suspension from
the practice of law

Decision:
The acts of kissing or beso-beso on the cheeks are mere gestures of friendship and
camaraderie, form of greetings, casual and customary. The acts of the respondent,
though, in turning the head of the 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.