CASE DIGEST: CYNTHIA ADVINCULAVS. ATTY. ERNESTO M.

MACABATA (AC No. 7204)

FACTS: The complainant, Cynthia Advincula filed a disbarment case
Atty. Ernesto Macabata on the grounds of Gross Immorality.
The complainant sought for legal advice from the respondent
regarding her collectibles from Queensway Travel and Tours which
later failed to settle its accounts with the complainant. Thus, the
possibility of filing a case against Queensway Travel and Tours was
discussed.
After the meeting on February 10, 2005, the respondent gave the
complainant a ride home. As the complainant gets off the car, the
respondent allegedly held her arm, kissed her cheek and embraced her
tightly.
Again, after another meeting on March 06 2005, the respondent
offered a ride. On the road, the complainant felt sleepy for no obvious
reason. The respondent suddenly stopped the car in the vicinity of San
Francisco del Monte, Quezon City. This time, the respondent
forcefully held her face, kissed her lips and held her breast. The
complainant managed to escape and decided to hire another lawyer for
her case. They had exchange of messages thru sms where the
respondent apologized.
The respondent admitted kissing the complainant on the lips however
countered that there was no harassment, intimidation or lewdness
instead everything was spontaneous.
ISSUE: Whether or not the respondent committed acts are grossly
immoral, or which constitute serious moral depravity that would
warrant disbarment or suspension from the practice of law
RULING: It is the bounden duty of lawyers to adhere unwaveringly to
the highest standards of morality. The legal profession exacts from its
members nothing less. Lawyers are called upon to safeguard the

integrity of the Bar, free from misdeeds and acts constitutive of

malpractice. Their exalted positions as officers of the court demand no
less than the highest degree of morality. We explained in Barrientos v.
Daarol that, "as officers of the court, lawyers must not only in fact be
of good moral character but must also be seen to be of good moral
character and leading lives in accordance with the highest moral
standards of the community."
Lawyers are expected to abide by the tenets of morality, not only upon
admission to the Bar but also throughout their legal career, in order to
maintain their good standing in this exclusive and honored fraternity.
They may be suspended from the practice of law or disbarred for any
misconduct, even if it pertains to his private activities, as long as it
shows him to be wanting in moral character, honesty, probity or good
demeanor.
Immorality has not been confined to sexual matters, but includes
conduct inconsistent with rectitude or indicative of corruption,
indecency, depravity and dissoluteness; or is willful, flagrant, or
shameless conduct showing moral indifference to opinions of
respectable members of the community, and an inconsiderate attitude
toward good order and public welfare.
Acts of kissing or beso-beso on the cheeks as mere gestures of
friendship and camaraderie, forms of greetings, casual and customary.
The acts of respondent, though, in turning the head of complainant
towards him and kissing her on the lips are distasteful. However, such
act, even if considered offensive and undesirable, cannot be considered
grossly immoral.
WHEREFORE, the complaint for disbarment against respondent Atty.
Ernesto Macabata, for alleged immorality, is hereby DISMISSED.