17 February 2017

Juana Dela Cruz

Mother Ignacia St.
Quezon City

Dear Mrs. Dela Cruz:

This legal opinion seeks to answer your question as to whether or not your
husband Atty. Juan Dela Cruz conducted immoral manner for which he deserves to be
barred from the practice of law.
Facts
Per our discussion and the documents you have shown me, the following are the
pertinent facts:

On 1995 while being married to you, your husband, Atty. Juan Dela Cruz left you
wife to cohabit with another woman. In 1996, you and Juan had reconciliation where
Juan promised to you that he will leave his mistress. But apparently, Juan still continued
to cheat on you and again lived with another woman.

The applicable laws

The applicable laws are Canon 1 of the Code of Professional Responsibilities

and Section 27, Rule 138 of the Rules of Court. It provides that:

Canon 1. A lawyer shall uphold the constitution, obey the laws of the land and
promote respect for law of and legal processes.

Section 27. Attorneys removed or suspended by Supreme Court on what

grounds. A member of the bar may be removed or suspended from his office as
attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in
such office, grossly immoral conduct, or by reason of his conviction of a crime involving
moral turpitude, or for any violation of the oath which he is required to take before the
admission to practice, or for a willful disobedience of any lawful order of a superior
court, or for corruptly or willful appearing as an attorney for a party to a case without
authority so to do. The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.

In this instance, your husband conducted immoral manner for which he deserves
to be barred from the practice of law. An applicant for admission to membership
in the bar is required to show that he is possessed of good moral character.
That requirement is not exhausted and dispensed with upon admission to
membership of the bar. That requirement persists as a continuing condition
for membership in the Bar in good standing.

Applicable Jurisprudence

In Royong v. Oblena, the respondent was declared unfit to continue as a member

of the bar by reason of his immoral conduct and accordingly disbarred. He was found to
have engaged in sexual relations with the complainant who consequently bore him a
son; and to have maintained for a number of years an adulterous relationship with
another woman.

This case is applicable to your case because Atty. Juan still continued to cheat
on you and again lived with another woman even after the reconciliation. Immorality
connotes conduct that shows indifference to the moral norms of society. For such
conduct to warrant disciplinary action, the same must be grossly immoral, it must be as
corrupt and false as to constitute a criminal act or so unprincipled as to be reprehensible
to a high degree.

I appreciate the opportunity to advice you regarding this matter. Please let me
know if you wish to discuss this issue further. Thank you.

Yours faithfully,

John Roel S. Villaruz

Legal Counsel