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    Moya and Oreta CASE DIGEST

    Uploaded by

    Brigitte Marcasi

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    © All Rights Reserved
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    Moya and Oreta CASE DIGEST

    Uploaded by

    Brigitte Marcasi
    9 views2 pages

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    Copyright:

    © All Rights Reserved
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    9 views2 pages

    Moya and Oreta CASE DIGEST

    Uploaded by

    Brigitte Marcasi

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 2

    ABAN, Claire P.

    #9
    Case No. 9
    Pauline S. Moya vs. Atty. Roy Anthony S. Oreta A.C. No. 13082

    FACTS:

    The complainant and respondent were high school batchmates who met years after graduation
    and eventually developed a relationship. Both were married but said to be separated from their
    spouses in which Moya already has 4 daughters. On November 2003 respondent moved in with
    Moya and her children welcomed him warmly. The marriage of Atty Oreta was nullified on July
    2004, while Moya’s marriage with her husband never got annulled. Their relationship was said to
    be smooth and loving in the first place but a time came when respondent became verbally,
    physically and sexually abusive to Moya and her children. Complainant claims that respondent
    do not share responsibilities of parenthood, financial, emotional and moral. To prevent Atty.
    Oreta from further abusing Moya, she applied for Barangay Protection Order on Aug. 19, 2010
    And also filed with the Office of the City Prosecutor-Quezon City a complaint against
    respondent for violation of RA No. 9262 known as “Anti-Violence Against Women and their
    Children Act of 2004. She later initiated before the RTC of Quezon City Branch 94 a petition for
    issuance of Permanent Protection Order (PPO) docketed as civil case No. Q-10-67984. In
    which, tthe trial court granted her Temporary Protection Order effective for 30 days that became
    a Permanent Restraining Order on Jan 5, 2012 against respondent.

    In response, Atty Oreta said he never intended to disgrace the legal profession, he was just in
    emotional devastation and found shelter in Moya. He claims that it was the petitioner who has
    extramarital affairs, that he shares the expenses at home and pays the tuition fees of the children,
    and denies any sexual or physical abuse to her.

    ISSUE:
    ● Whether Atty. Oreta’s conduct constituted immorality, warranting disbarment.

    Report and Recommendations from Integrated Bar of the PH-Commission on Bar Discipline
    (IBP-CBD)

    Respondent be suspended from the practice of law for 6 months


    Cohabitation while still legally married was inconsequential
    Complainant failed to provide substantive evidence of her charges against respondent
    Resolutions of the Integrated Bar of PH-Board of Governors (IBP-BOG)

    Recommends the penalty of disbarment


    But upon respondent’s motion of reconsideration, it was resolved to reduce the
    recommended penalty to 3 years suspension in practice of law

    **There were no motions for reconsideration or petition for review filed by either party.
    Nevertheless, the IBP elevated the entire case records to the court since IBP Resolution is merely
    recommendatory

    RULING:

    1. Physical abuse in violation of Rules 1.01 and 7.03 of the Code of Professional
    Responsibility, he is DISBARRED from the practice of law
    2. Gross immorality in violation of Rule 1.01, Canon 7 and Rule 7.03 of the CPR suspended
    for 2 yrs in practice but since disbarred..disregarded
    3. Admonished for violating Canon 8 and Rule 8.01 derogatory and indecent remarks
    during pleadings
    4. Admonished for displaying insolence and arrogance in his pleadings

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