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Lawyer disbarred for adultery

By Tetch Torres
INQUIRER.net
First Posted 18:01:00 10/20/2008

Filed Under: Crime, Law & Justice

MANILA, Philippines -- For leaving his wife and 12 children and cohabiting with a married woman, the Supreme Court has disbarred a lawyer whose conduct it described as "willful, flagrant or shameless."

In a seven-page decision, the high court said disbarment was the most appropriate penalty against lawyer Ponciano Arnobit.

The high court also ordered the Office of the Bar Confidant that Arnobit’s name be stricken off the Roll of Attorneys and provide the Integrated Bar of the Philippines and all the courts nationwide of a copy of its ruling.

The case stemmed from the complaint of Rebecca Arnobit, legal wife of the lawyer, who said they got married in 1942, saw his way through law school, and had 12 children.

Several years after passing the Bar, Arnobit left their home and cohabited with a certain Benita Buenafe with whom he had four children.

Ponciano admitted before the high court that Rebecca was his wife but denied cohabiting with Buenafe. He said his wife always traveled all over the country and neglected her obligations.

Rebecca presented two witnesses, including her sister who identified the letter sent by Ponciano to his wife asking for forgiveness "for the unhappiness he caused his family" and one Melecio Navarro who testified that he was the husband of Buenafe.

Rebecca also presented affidavits from the National Bureau of Investigation (NBI) showing proof of adultery and also submitted pictures, baptismal, and birth certificates of Arnobit's four children with Buenafe.

In 1995, the investigating commissioner, now dismissed Court of Appeals Associate Justice Vicente Roxas recommended a three-month suspension against Arnobit. His recommendation was approved by the Integrated Bar of the Philippine a year later.

But the Supreme Court believed that the suspension was not the proper penalty but disbarment.

"Good moral character is not only a condition precedent for admission to the legal profession, but it must also remain intact in order to maintain one's good standing in that exclusive and honored fraternity," the high court said.

“As officers of the court, lawyers must not only in fact be of good moral character but must also be seen to be of good moral character and leading lives in accordance with the highest moral standards of the community. A member of the bar and an officer of the court is not only required to refrain from adulterous relationships or keeping a mistress but must also so behave himself as to avoid scandalizing the public by creating the impression that he is flouting those moral standards,” it said.

The high court said the length of time that the case has been resolved was due to the delay caused by Arnobit for his failure to appear and take the witness stand. He also offered no explanation on his separation with his legal wife nor presented Buenafe to dispel allegations of an adulterous relationship.

The high court also took note of the fact that Buenafe's husband "risked personal ridicule" and testified about the illicit affair of his wife to Arnobit.

"The fact that respondent's philandering ways are removed from exercise of his profession would not save the day for him," it said.

“Although duly notified, he never attended the hearings to rebut the serious charges brought against him, irresistibly suggesting that the charges are true,” it said.

"Undoubtedly, respondent's act of leaving his wife and 12 children to cohabit and have children with another woman constitutes grossly immoral conduct. And to add insult to injury, there seems to be little attempt on the part of respondent to be discreet about his liaison with other woman…In the instant case, respondent's gross immoral conduct compels the Court to wield its power to disbar. The penalty is most appropriate under the premises," it said.



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