The penalty for maintaining an illicit relationship may either be suspension or disbarment, depending on the circumstances of the case.
JILDO A. GUBATON, Complainant, vs. ATTY. AUGUSTUS SERAFIN D.AMADOR, Respondent. A.C. No. 8962, JULY 9, 2018.
“x x x.
Suffice it to say that"[d]enial is an intrinsically weak defense. To merit credibility, it must be buttressed by strong evidence of non-culpability. If unsubstantiated by clear and convincing evidence [as in this case] it is negative and self-serving, deserving no greater value than the testimony of credible witnesses who testify on affirmative matters." 29 In any event, the Court observes that the alleged "accidental" and "innocent" encounters of respondent and Bernadette are much too many for comfort and coincidence. Such encounters actually buttress the allegations of the witnesses that they carried on an illicit affair.
All told, the Court finds that substantial evidence - which only entail "evidence to support a conclusion, even if other minds, equally reasonable, might conceivably opine otherwise" - exist to prove complainant's accusation of gross immorality against respondent.
Based on jurisprudence, extramarital affairs of lawyers are regarded as offensive to the sanctity of marriage, the family, and the community. When lawyers are engaged in wrongful relationships that blemish their ethics and morality, the usual recourse is for the erring attorney's suspension from the practice of law, if not disbarment. 30 This is because possession of good moral character is both a condition precedent and a continuing requirement to warrant admission to the Bar and to retain membership in the legal profession.31 Under the Code of Professional Responsibility:
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.1âwphi1
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.
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.
JILDO A. GUBATON, Complainant, vs. ATTY. AUGUSTUS SERAFIN D.AMADOR, Respondent. A.C. No. 8962, JULY 9, 2018.
“x x x.
Suffice it to say that"[d]enial is an intrinsically weak defense. To merit credibility, it must be buttressed by strong evidence of non-culpability. If unsubstantiated by clear and convincing evidence [as in this case] it is negative and self-serving, deserving no greater value than the testimony of credible witnesses who testify on affirmative matters." 29 In any event, the Court observes that the alleged "accidental" and "innocent" encounters of respondent and Bernadette are much too many for comfort and coincidence. Such encounters actually buttress the allegations of the witnesses that they carried on an illicit affair.
All told, the Court finds that substantial evidence - which only entail "evidence to support a conclusion, even if other minds, equally reasonable, might conceivably opine otherwise" - exist to prove complainant's accusation of gross immorality against respondent.
Based on jurisprudence, extramarital affairs of lawyers are regarded as offensive to the sanctity of marriage, the family, and the community. When lawyers are engaged in wrongful relationships that blemish their ethics and morality, the usual recourse is for the erring attorney's suspension from the practice of law, if not disbarment. 30 This is because possession of good moral character is both a condition precedent and a continuing requirement to warrant admission to the Bar and to retain membership in the legal profession.31 Under the Code of Professional Responsibility:
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.1âwphi1
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.
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 penalty for maintaining an illicit relationship may either be suspension or disbarment, depending on the circumstances of the case. In case of suspension, the period would range from one year 32 to indefinite suspension. 33 Under the given circumstances, the Court sees fit to impose on respondent a penalty of suspension from the practice of law for a period of one (1) year.34
WHEREFORE, respondent Atty. Augustus Serafin D. Amador is found guilty of gross immorality. Accordingly, he is SUSPENDED from the practice of law for a period of one (1) year, and is STERNLY WARNED that a repetition of the same or similar acts will be dealt with more severely.
Respondent's suspension from the practice of law shall take effect immediately upon his receipt of this Decision. He is DIRECTED to immediately file a Manifestation to the Court that his suspension has started, copy furnished all courts and quasi-judicial bodies where he has entered his appearance as counsel.
Let copies of this Resolution be furnished the Office of the Bar Confidant to be entered in respondent's personal records as a member of the Philippine Bar, the Integrated Bar of the Philippines for distribution to all its chapters, and the Office of the Court Administrator for circulation to all courts.
“x x x.
WHEREFORE, respondent Atty. Augustus Serafin D. Amador is found guilty of gross immorality. Accordingly, he is SUSPENDED from the practice of law for a period of one (1) year, and is STERNLY WARNED that a repetition of the same or similar acts will be dealt with more severely.
Respondent's suspension from the practice of law shall take effect immediately upon his receipt of this Decision. He is DIRECTED to immediately file a Manifestation to the Court that his suspension has started, copy furnished all courts and quasi-judicial bodies where he has entered his appearance as counsel.
Let copies of this Resolution be furnished the Office of the Bar Confidant to be entered in respondent's personal records as a member of the Philippine Bar, the Integrated Bar of the Philippines for distribution to all its chapters, and the Office of the Court Administrator for circulation to all courts.
“x x x.
