Case Digest Problem Areas in Legal Ethics

CYNTHIA ADVINCULA vs. ATTY. ERNESTO M. MACABATA

A.C. No. 7204
March 7, 2007

Facts:
The case is a disbarment case against respondent on the ground of gross immorality. It was
alleged that sometime in December 2004, complainant seek for legal advice from peitioner regarding
her collectibles from a travel company. Respondent sent Demand Letter and sometime in February
2005, they met at Zensho Restaurant to discuss the possibility of filing complaint against the travel
company because the latter failed to settle the accounts. That after that said meeting, the respondent
"held her arm and kissed her on the cheek while embracing her very tightly."
The two met again to finalize the draft for the complaint and while on their way home after the
said meeting, the respondent suddenly stopped the car and things went out of hand. Thus she decided
to refer the case to another lawyer.
Issue: Whether or not the respondent committed acts are grossly immoral which would warrant the
disbarment or suspension from the practice of law.

Held:
The Code of Professional Responsibility provides:
CANON I x x x
Rule 1.01-- A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
CANON 7-- A lawyer shall at all times uphold the integrity and dignity of the legal profession and support
the activities of the Integrated Bar.
xxxx
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.
The SC held that lawyers are expected to abide the tenets of morality, not only upon admission
to the Bar but all throughtout their legal career as lawyers belong to an exclusive and honored
fraternity. Lawyers are called upon to safeguard the integrity of the legal profession and should adhere
to the unwaveringly to the highest standard of morality. The respondent admitted to the act of kissing
the complainant on the lips as evidenced as well of his asking for apology from complainant in his text
message. Regardless of the fact that the respondent admitted that he kissed the complainant but the
Court held that this was not accompanied by malice because the respondent immediately asked for
forgiveness after sensing the annoyance of the respondent after texting him. Thus the Court held that
this is not grossly immoral nor highly reprehensible which will warrant disbarment or suspension. But
the Court reprimanded respondent to be more prudent and cautious.