JOSELANO GUEVARRA

vs
ATTY. JOSE EMMANUEL EALA

A.C. No. 7136 August 1, 2007 Per Curiam

Legal Ethics: Unlawful Schemes, Immoral or Deceitful Conduct
DOCTRINE:
Rule 1.01: A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct
Rule 7.03: A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he,
whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.
FACTS:
Joselano Guevarra and Irene Moje were betrothed when Irene introduced Jose Emmanuel Eala as a friend
to him. Eala was then married to Marianne Tantoco and had three children. Guevarra and Moje got married in
October of 2000 but by January - March 2001, Guevarra noticed strange behavior from Moje. He saw Moje
receiving amorous calls and texts from Eala. Moje would also habitually get home late at night or early in the
morning and sometimes missed work but when Guevarra asked about it, she said she was in her parent’s house or
she was busy with work. He also caught them together twice and when he confronted them, Moje left the conjugal
home. After sometime, she collected her belongings from the home. Guevarra found a letter that was accidentally
left, it was written by Eala, on the day of Guevarra and Moje’s wedding, professing his love for Moje. In January
of 2002, Guevarra found out that Moje was pregnant with Eala’s child. Guevarra filed for Eala’s disbarment for
immoral conduct and violation of lawyer’s oath because he was flaunting his adulterous relationship and making
a mockery of the institution of marriage. Eala answered to this and tried to defend himself saying that he was not
the father of Moje’s child and that their relationship was low profile and that his wife knew about his special
relationship with Moje. Board of Governor’s dismissed this complaint for lack of merit, hence, this case.
ISSUE:
W/N Eala should be disbarred? YES
DECISION:
WHEREFORE, the petition is GRANTED. Resolution No. XVII-2006-06 passed on January 28, 2006 by the

Board of Governors of the Integrated Bar of the Philippines is ANNULLED and SET ASIDE.

Respondent, Atty. Jose Emmanuel M. Eala, is DISBARRED for grossly immoral conduct, violation of his oath

of office, and violation of Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of Professional Responsibility.

HELD:
Eala as part of the legal profession has a code to follow. His behavior was unbecoming of an attorney. Not only
did he have an adulterous relationship, he flaunted it. He made a mockery of the law showing his disregard for
the sanctity of marriage in his relationship with Moje and his denial of paternity of his child with Moje. This is
conduct unbecoming of a lawyer and because of this, he is disbarred.