Legal Ethics

Preciosa Obusan vs Generoso Obusan, Jr.

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A.C. No. 1392 – 128 SCRA 485 – Legal Ethics – Grossly Immoral Conduct; Adultery 

Atty. Generoso Obusan, Jr., then single, had a relationship with one Natividad Estabillo. In 1972, Estabillo begot a son with Obusan. Obusan later found out that Estabillo was at the time still validly married with one Tony Garcia. Four days after the birth of his son with Estabillo, Obusan married Preciosa Razon. The couple lived more than a year together until one day when Obusan left the conjugal home and never returned.

Preciosa searched for Obusan until she found out that the latter has been living with Natividad Estabillo. Preciosa then filed a disbarment case against Obusan on the grounds of gross immorality and concubinage. Preciosa presented the testimonies of the neighbors of Estabillo who all testified that Estabillo and Obusan presented themselves as husband and wife in their community.

ISSUE: Whether or not Obusan should be disbarred.

HELD: Yes. Obusan failed to counter the evidence presented by his wife. He even failed to file responsive pleadings. Hence, on the strength of the evidence against him, he is guilty of grossly immoral conduct. Abandoning one’s wife and resuming carnal relations with a former paramour, a married woman, falls within “that conduct which is willful, flagrant, or shameless, and which shows a moral indifference to the opinion of the good and respectable members of the community”. He failed to maintain the highest degree of morality expected and required of a member of the bar.

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