AC 3049; (December, 1989) (Digest)
G.R. No. A.C. 3049 December 4, 1989
PERLA Y. LAGUITAN, complainant, vs. ATTY. SALVADOR F. TINIO, respondent.
FACTS
Complainant Perla Y. Laguitan filed a disbarment petition against Atty. Salvador F. Tinio for immorality and acts unbecoming a lawyer. The case underwent investigation by the Solicitor General and was later referred to the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline. Despite multiple hearings, respondent repeatedly failed to appear. Consequently, the Commission allowed complainant to present her evidence ex parte. The evidence included birth and baptismal certificates, hospital receipts, school records, and family photographs, all establishing that the parties cohabited as husband and wife from 1976, resulting in the birth of two children, and that respondent later abandoned them in 1986.
The IBP Board found that respondent, who was validly married to another woman, entered into an illicit relationship with complainant. He candidly admitted this relationship and his paternity before the IBP Investigating Commissioner, promising to support his illegitimate children. However, he failed to fulfill this promise. The IBP Board recommended suspension from the practice of law, primarily for his refusal to support his children.
ISSUE
Whether Atty. Salvador F. Tinio should be suspended from the practice of law for conduct warranting disciplinary action.
RULING
Yes, the Supreme Court suspended Atty. Salvador F. Tinio from the practice of law until further orders. The Court agreed with the IBP’s factual findings but expanded the grounds for suspension. While the IBP focused on respondent’s failure to provide support, the Supreme Court emphasized that the suspension was also warranted by his prolonged act of concubinage. The Court held that concubinage constitutes moral turpitude, representing a public assault on the fundamental social institution of marriage. Such conduct is grossly inconsistent with the good moral character required for the continued privilege of practicing law.
The suspension will remain in effect until respondent presents satisfactory evidence to the Court and the IBP Commission that he is supporting or has made adequate provision for his illegitimate children and that he has ceased his immoral conduct. The ruling underscores that a lawyer’s professional right is contingent upon upholding a standard of morality, and serious breaches, such as concubinage coupled with neglect of familial duties, merit severe disciplinary action to protect the integrity of the legal profession.