A.C. No.

8392 June 29, 2010

Rosario T. Mecaral vs. Atty. Danilo S. Velasquez
(Ponente: Per Curiam)

Facts:
Rosario Mecaral (Complainant) charged Atty. Danilo S. Velasquez (Respondent) before the
Integrated Bar of the Philippines (IBP) Committee on Bar Discipline (CBD) with Gross Misconduct
and Gross Immoral Conduct because the respondent after hiring the complainant as his secretary and
eventually she became his lover and common law wife making her his mistress since he is already
married at the same time to 2 different women namely Ma. Shirley G. Yunzal (First wife) and Leny H.
Azur (Second wife) thus committing Bigamy. The complainant also allege that the respondent brought
her to Upper San Agustin in Caibiran, Biliran where he left her with the Faith Healers Association of
the Philippines, of which he was the leader. Since his visits became scarce she returned to her home
in Naval, Biliran until the respondent brought her back to San Agustin where his followers injected
the complainant with drugs, brainwashed and tortured her and when she tried to escape she was tied
spread-eagled to a bed where she was guarded 24 hours a day by the female member of the group
including Bernardita Tadeo. The complainant’s mother then sought the help of the Provincial Social
Welfare Department to rescue her who dispatched dispatched two women volunteers, however the
group refused to release her thus 2 police officers (PO3 Delan G. Lee and PO1 Arnel S. Robedillo)
were dispatched to rescue her. Thus the complainant filed a disbarment case against the respondent.

Issue:
Did the respondent commit gross misconduct and gross immoral conduct?
Held:
Yes, the respondent committed gross misconduct and gross immoral conduct because he
converted his secretary into a mistress and contracted two marriages which is grossly immoral and his
subsequent detention and torture of the complainant is a gross misconduct thus violating the Canon
1 of the Code of Professional Responsibility, the Lawyer’s oath and Rule 7.03 of Canon 7.
The respondent was found to have violated Canon 1 which states:
CANON 1 – A lawyer shall uphold the constitution, obey the laws of the land and promote respect
for law and legal processes
since he committed bigamy by contracting 2 marriages and also made his secretary his mistress who
he eventually tortured which according to the IBP who recommended for his disbarment under Canon
1 “All these circumstances showed the moral fiber respondent is made of, which [leave] the
undersigned with no choice but to recommend the disbarment of Atty. Danilo S. Velasquez.” Since
the respondent didn’t answer his charges and failed to present any evidence to counter the charges
brought against him since he did not attend any of the hearings his actions suggested that those charges
were true. The court also found him to have violated his Lawyer’s oath and Canon 7, Rule 7.03 because
of the same acts which states respectively:
Lawyer’s oath
I _________, having been permitted to continue in the practice of law in the Philippines, do solemnly
swear that I recognize the supreme authority of the Republic of the Philippines; I will support its
Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I
will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote
or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man
for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and
discretion with all good fidelity as well as to the courts as to my clients; and I impose upon myself this
voluntary obligation without any mental reservation or purpose of evasion. So help me God; and
Rule 7.03, Canon 7:
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 counter affidavit of his co-accused for the crime of Serious illegal detention also supported the
charges brought against him by the complainant. Therefore the court finds that the respondent ceased
to possess the qualification of a lawyer.
Ruling:
WHEREFORE, respondent, Atty. Danilo S. Velasquez, is DISBARRED, and his name
ORDERED STRICKEN from the Roll of Attorneys. This Decision is immediately executory and
ordered to be part of the records of respondent in the Office of the Bar Confidant, Supreme Court
of the Philippines.