AC 1481; (October, 2008) (Digest)
G.R. No. A.C. No. 1481 October 17, 2008
REBECCA B. ARNOBIT, complainant, vs. ATTY. PONCIANO P. ARNOBIT, respondent.
FACTS
Complainant Rebecca B. Arnobit filed an affidavit-complaint praying for the disciplinary action against her husband, respondent Atty. Ponciano P. Arnobit, on grounds of Immorality and Abandonment. Rebecca alleged they were married in 1942 and had twelve children, and that she supported respondent through law school until he passed the bar. In 1968, respondent left the conjugal home and began cohabiting with Benita Buenafe Navarro, who bore him four children. This led Rebecca to file a complaint for legal separation and support, and a criminal case for adultery. In his Answer, respondent admitted Rebecca was his wife and mother of his children but denied cohabiting with Benita, blaming the separation on Rebecca’s frequent travels for business. During hearings before the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline, Rebecca presented testimonial and documentary evidence, including a letter from respondent asking for forgiveness, testimony from Benita’s husband Melecio Navarro, affidavits from NBI agents, and pictures and certificates proving respondent sired four illegitimate children with Benita. Respondent repeatedly failed to appear at hearings despite due notice and did not present evidence to rebut the charges.
ISSUE
Whether respondent Atty. Ponciano P. Arnobit should be disciplined for gross immoral conduct and abandonment, warranting disbarment.
RULING
Yes, respondent is guilty of gross immoral conduct and abandonment, warranting disbarment. The Court concurred with the IBP’s finding of abandonment but disagreed with its recommendation of a three-month suspension, holding that the charge of gross immoral conduct was sufficiently proven. Respondent’s act of leaving his lawful wife and twelve children to cohabit and have children with another woman constitutes grossly immoral conduct, violating Rule 1.01 and Canon 7 of the Code of Professional Responsibility. A lawyer’s good moral character is a continuing requirement for membership in the bar. Misconduct, even if unrelated to professional practice, that shows unfitness for the office warrants disciplinary action. Respondent’s failure to rebut the clear and convincing evidence against him, his absence from hearings, and his scandalous behavior compel the imposition of disbarment. Accordingly, Atty. Ponciano P. Arnobit is DISBARRED, and his name is ordered stricken from the Roll of Attorneys.