G.R. No. A.C. No. 10612. January 31, 2023.
Atty. Nora M. Saludares, Complainant, vs. Atty. Reynaldo Saludares, Respondent.

FACTS

Atty. Nora M. Saludares filed a disbarment complaint against her husband, Atty. Reynaldo L. Saludares, for gross immorality. The parties were married on February 7, 1987. The complainant alleged that the respondent was having an illicit relationship with a former high school classmate. The evidence presented included: (1) the respondent’s confession during a family recollection in April 2014 about a past affair that resulted in an abortion; (2) a picture of the woman set as the wallpaper on the respondent’s phone in May 2014; (3) a dedicated folder of the woman’s pictures on the respondent’s Facebook; (4) saved text message exchanges from June 2014 showing terms of endearment like “miss you,” “Love you, Honey,” and discussions about discretion; (5) the respondent’s admission in front of their children that the woman was his girlfriend, describing her as “disente” and “maraming pera”; (6) the respondent’s statement, “Ano masama sa ginagawa ko? Maghihiwalay naman tayo”; (7) the respondent’s distinction that “She is my girlfriend, she is not my mistress”; (8) the respondent’s trip to the USA in July 2014 to visit the woman and subsequent Facebook pictures showing them in intimate poses; and (9) the respondent’s statement that the woman would be with him in a condominium and that “She is my new wife.” The complainant initially moved to withdraw the complaint in February 2015, leading the Court to terminate the case in June 2015. However, she later filed a Motion for Reconsideration, and the case was reopened and referred to the IBP. The IBP Investigating Commissioner recommended termination, noting a Compromise Agreement in a civil case and an Affidavit of Desistance in a criminal case, a recommendation approved by the IBP Board of Governors in December 2019.

ISSUE

Whether or not Atty. Reynaldo L. Saludares should be disbarred for gross immorality in violation of the Code of Professional Responsibility.

RULING

Yes. The Supreme Court found Atty. Reynaldo L. Saludares guilty of gross immorality and disbarred him. The Court held that the evidence substantially proved the illicit relationship. The text messages with terms of endearment, the intimate photographs, and the respondent’s own admissions before his family demonstrated a willful, flagrant, and scandalous conduct that showed indifference to moral standards. This conduct violated Canon 1, Rule 1.01 (prohibiting immoral conduct) and Canon 7, Rule 7.03 (prohibiting conduct that adversely reflects on fitness to practice law) of the Code of Professional Responsibility. The Court emphasized that administrative cases against lawyers are sui generis, aimed at protecting public interest and determining fitness to practice law, and are not affected by the settlement of related civil or criminal cases. The respondent’s lack of remorse and boastful attitude aggravated his offense. Following precedent, the penalty of disbarment was deemed commensurate.