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    Advincula Vs Macabata

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    Michelle T. Catadman
    1) Cynthia Advincula filed a complaint against Atty. Ernesto Macabata seeking his disbarment for gross immorality. She alleged that after meeting with him to discuss a legal matter, he kissed her on the cheek and embraced her tightly without consent. 2) The issue was whether Atty. Macabata's actions constituted grossly immoral conduct warranting his disbarment or suspension from practicing law. 3) While the Supreme Court found that lawyers are expected to abide by high moral standards, it determined that Atty. Macabata's actions in kissing the complainant, though inappropriate, did not rise to the level of being grossly immoral or

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    Advincula Vs Macabata

    Uploaded by

    Michelle T. Catadman
    75 views2 pages
    1) Cynthia Advincula filed a complaint against Atty. Ernesto Macabata seeking his disbarment for gross immorality. She alleged that after meeting with him to discuss a legal matter, he kissed her on the cheek and embraced her tightly without consent. 2) The issue was whether Atty. Macabata's actions constituted grossly immoral conduct warranting his disbarment or suspension from practicing law. 3) While the Supreme Court found that lawyers are expected to abide by high moral standards, it determined that Atty. Macabata's actions in kissing the complainant, though inappropriate, did not rise to the level of being grossly immoral or

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    Advincula vs Macabata

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    1) Cynthia Advincula filed a complaint against Atty. Ernesto Macabata seeking his disbarment for gross immorality. She alleged that after meeting with him to discuss a legal matter, he kissed her on the cheek and embraced her tightly without consent. 2) The issue was whether Atty. Macabata's actions constituted grossly immoral conduct warranting his disbarment or suspension from practicing law. 3) While the Supreme Court found that lawyers are expected to abide by high moral standards, it determined that Atty. Macabata's actions in kissing the complainant, though inappropriate, did not rise to the level of being grossly immoral or

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    75 views2 pages

    Advincula Vs Macabata

    Uploaded by

    Michelle T. Catadman
    1) Cynthia Advincula filed a complaint against Atty. Ernesto Macabata seeking his disbarment for gross immorality. She alleged that after meeting with him to discuss a legal matter, he kissed her on the cheek and embraced her tightly without consent. 2) The issue was whether Atty. Macabata's actions constituted grossly immoral conduct warranting his disbarment or suspension from practicing law. 3) While the Supreme Court found that lawyers are expected to abide by high moral standards, it determined that Atty. Macabata's actions in kissing the complainant, though inappropriate, did not rise to the level of being grossly immoral or

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CYNTHIA ADVINCULA, Complainant,

    vs.

    ATTY. ERNESTO M. MACABATA, Respondent

    Facts:

    The case is a disbarment case against respondent on the ground of gross immorality. It was
    alleged that sometime in December 2004, complainant seek for legal advice from peitioner regarding
    her collectibles from a travel company. Respondent sent Demand Letter and sometime in February
    2005, they met at Zensho Restaurant to discuss the possibility of filing complaint against the travel
    company because the latter failed to settle the accounts. That after that said meeting, the respondent
    "held her arm and kissed her on the cheek while embracing her very tightly."

    The two met again to finalize the draft for the complaint and while on their way home after the
    said meeting, the respondent suddenly stopped the car and things went out of hand. Thus she decided
    to refer the case to another lawyer.

    Issue:

    Whether or not the respondent committed acts are grossly immoral which would warrant the
    disbarment or suspension from the practice of law.

    Held:

    The Code of Professional Responsibility provides:

    CANON I – x x x

    Rule 1.01-- A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

    CANON 7-- A lawyer shall at all times uphold the integrity and dignity of the legal profession and support
    the activities of the Integrated Bar.

    xxxx

    Rule 7.03-- A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor
    shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal
    profession.

    The SC held that lawyers are expected to abide the tenets of morality, not only upon admission
    to the Bar but all throughtout their legal career as lawyers belong to an exclusive and honored
    fraternity. Lawyers are called upon to safeguard the integrity of the legal profession and should adhere
    to the unwaveringly to the highest standard of morality. The respondent admitted to the act of kissing
    the complainant on the lips as evidenced as well of his asking for apology from complainant in his text
    message. Regardless of the fact that the respondent admitted that he kissed the complainant but the
    Court held that this was not accompanied by malice because the respondent immediately asked for
    forgiveness after sensing the annoyance of the respondent after texting him. Thus the Court held that
    this is not grossly immoral nor highly reprehensible which will warrant disbarment or suspension. But
    the Court reprimanded respondent to be more prudent and cautious.

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