Advincula v. Advincula
Advincula v. Advincula
DECISION
BERSAMIN , J : p
This administrative case stemmed from the complaint for disbarment dated
June 16, 2006 brought to the Integrated Bar of the Philippines (IBP) against Atty.
Leonardo C. Advincula (Atty. Advincula) by no less than his wife, Dr. Ma. Cecilia Clarissa
C. Advincula (Dr. Advincula).
In her complaint, 1 Dr. Advincula has averred that Atty. Advincula committed
unlawful and immoral acts; 2 that while Atty. Advincula was still married to her, he had
extra-marital sexual relations with Ma. Judith Ortiz Gonzaga (Ms. Gonzaga); 3 that the
extra-marital relations bore a child in the name of Ma. Alexandria Gonzaga Advincula
(Alexandria); n 4 that Atty. Advincula failed to give nancial support to their own
children, namely: Ma. Samantha Paulina, Ma. Andrea Lana, and Jose Leandro, despite
his having suf cient nancial resources; 5 that he admitted in the af davit of late
registration of birth of Alexandria that he had contracted another marriage with Ms.
Gonzaga; 6 that even should Atty. Advincula prove that his declaration in the af davit of
late registration of birth was motivated by some reason other than the fact that he truly
entered into a subsequent marriage with Ms. Gonzaga, then making such a declaration
was in itself still unlawful; 7 that siring a child with a woman other than his lawful wife
was conduct way below the standards of morality required of every lawyer; 8 that
contracting a subsequent marriage while the rst marriage had not been dissolved was
also an unlawful conduct; 9 that making a false declaration before a notary public was
an unlawful conduct punishable under the Revised Penal Code; 10 and that the failure of
Atty. Advincula to provide proper support to his children showed his moral character to
be below the standards set by law for every lawyer. 11 Dr. Advincula prayed that Atty.
Advincula be disbarred. 12
In his answer, 13 Atty. Advincula denied the accusations. He asserted that during
the subsistence of his marriage with Dr. Advincula but prior to the birth of their
youngest Jose Leandro, their marital relationship had deteriorated; that they could not
agree on various matters concerning their family, religion, friends, and respective
careers; that Dr. Advincula abandoned the rented family home with the two children to
live with her parents; that despite their separation, he regularly gave nancial support to
Dr. Advincula and their children; that during their separation, he got into a brief
relationship with Ms. Gonzaga; and that he did not contract a second marriage with Ms.
Gonzaga. 14
Atty. Advincula further acknowledged that as a result of the relationship with Ms.
Gonzaga, a child was born and named Alexandra; 15 that in consideration of his moral
obligation as a father, he gave support to Alexandra; 16 that he only learned that the
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birth of Alexandra had been subsequently registered after the child was already
enrolled in school; 17 that it was Ms. Gonzaga who informed him that she had the birth
certi cate of Alexandria altered by a xer in order to enroll the child; 18 that he strived
to reunite his legitimate family, resulting in a reconciliation that begot their third child,
Jose Leandro; that Dr. Advincula once again decided to live with her parents, bringing all
of their children along; that nevertheless, he continued to provide nancial support to
his family and visited the children regularly; that Dr. Advincula intimated to him that she
had planned to take up nursing in order to work as a nurse abroad because her medical
practice here was not lucrative; that he supported his wife's nursing school expenses;
19 that Dr. Advincula left for the United States of America (USA) to work as a nurse; 20
that the custody of their children was not entrusted to him but he agreed to such
arrangement to avoid further division of the family; 21 that during the same period he
was also busy with his law studies; 22 that Dr. Advincula proposed that he and their
children migrate to the USA but he opposed the proposal because he would not be able
to practice his profession there; 23 that Dr. Advincula stated that if he did not want to
join her, then she would just get the children to live with her; 24 that when Dr. Advincula
came home for a vacation he was not able to accompany her due to his extremely busy
schedule as Chief Legal Staff of the General Prosecution Division of the National Bureau
of Investigation; 25 and that when they nally met arguments ared out, during which
she threatened to le a disbarment suit against him in order to force him to allow her to
bring their children to the USA. 26 Atty. Advincula prayed that the disbarment case be
dismissed for utter lack of merit. 27 CAIHTE
Before his admission to the bar, respondent Atty. Leonardo C. Advincula — who
was married to complainant Dr. Ma. Cecilia Clarissa C. Advincula — entered into a brief
extra-marital relationship with Ma. Judith Gonzaga, with whom he had a child. 1
The standard of morality and the rules of conduct under the Code of Professional
Responsibility are applicable only to lawyers. These are not enforced against persons
who have not taken the lawyer's oath.
A lawyer's commitment to the lawyer's oath or any standard of morality and
conduct under the Code of Professional Responsibility starts only upon taking that
oath.
Oaths are not senseless utterances. Lawyers who take their oath consent to this
Court's administrative jurisdiction over their actions. The oath is essentially a promise
to act consistently with the value-expectations of this Court.
The signi cance of the oath rests on many assumptions. Taking the oath implies
notice to the person of the standards he or she is expected to abide by. It not only
implies consent to, but also assumes consciousness of those standards. The person
allowed to take the oath is assumed to have the capacity to consider and control his or
her actions accordingly.
For these reasons, violation of the oath or of the Code of Professional
Responsibility is deemed to merit this Court's imposition of a penalty.
When a lawyer takes the oath, any action inconsistent with the oath or with the
Code of Professional Responsibility may be interpreted as a willful disregard of the
standards embodied in the oath or the Code of Professional Responsibility. As
expressed in our Rules of Evidence, a person is presumed to know and intend "the
ordinary consequences of his [or her] voluntary act." 2 The oath places "penalty" under
the great scope of "ordinary consequence" of a lawyer's actions.
On the other hand, without the taking the oath, we cannot presume a person's
conscious and careful consideration of his or her acts in conforming with this Court's
moral and behavioral standards. Without the taking the oath, administrative penalties
do not rise to the level of ordinary consequence of a person's actions.
This Court, as guardian of constitutional rights, should lead other institutions by
exemplifying through its processes the import of the principle of due process. 3 A
person cannot adjust his or her past actions now to conform to the standards imposed
by an oath he or she takes after. It is unreasonable to expect a person to abide by
standards that he or she cannot be presumed to know and apply to actions he or she
can no longer control.
Respondent cannot be expected to abide by the standards imposed by the
lawyer's oath or by the Code of Professional Responsibility. At that time, this Court had
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no administrative jurisdiction over his actions. He was not yet a lawyer when he entered
into a relationship with Ma. Judith Gonzaga during his marriage with complainant.
Imposing a penalty for respondent's actions before he took the lawyer's oath
reduces the oath to nothing but a frivolous ceremony. We undermine the signi cance of
the oath if, on that basis, we penalize a person for his or her actions, whether or not he
or she subscribed to that oath.
While possession of good morals is required before and during one's
membership to the bar, 4 the bases and effects of the nding that one meets or does
not meet the standard of morality are different in these instances.
For admission to the bar, good morals are solely based on a person's actions
before his or her admission. A person found to be lacking of the required good morals
is disqualified from membership in the bar. A person's actions, on which the finding that
a person has met the required good morals is based, are looked into for purposes of
admission — not penalty.
On the other hand, for retaining membership in the bar, the lawyer's actions while
he or she is a member are looked into. These acts may be the bases of administrative
penalty. ETHIDa
However, this is not to say that a lawyer's actions before his or her admission
cannot be the bases of his or her removal from the bar. After all, a person who has not
met the moral standards before admission should not even be admitted to the bar.
Thus, if for some reason, grossly immoral acts not considered by this Court during
application are later made known and proved to this Court, this Court may choose to
remove him or her without disregarding evidence of any possible moral transformation
that could have taken place later. 5
However, this Court should not be too quick to judge a person's actions as
grossly immoral so as to constitute unfitness to become a member of the bar.
In Reyes v. Wong , 6 this Court has ruled that for an act to be administratively
punishable for gross immorality, "it must be so corrupt and false as to constitute a
criminal act or so unprincipled as to be reprehensible to a high degree." 7 Further:
[T]he same must be established by clear and convincing proof, disclosing a
case that is free from doubt as to compel the exercise by the Court of its
disciplinary power. . . . Likewise, the dubious character of the act done as well
as the motivation thereof must be clearly demonstrated. 8
There are different aspects of morality. Morality may be religious or secular. In
Perfecto v. Esidera: 9
Morality refers to what is good or right conduct at a given circumstance.
In Estrada v. Escritor, this court described morality as "'how we ought to live' and
why."
Morality may be religious, in which case what is good depends on the
moral prescriptions of a high moral authority or the beliefs of a particular
religion. Religion, as this court de ned in Aglipay v. Ruiz , is "a profession of
faith to an active power that binds and elevates man to his Creator." A conduct
is religiously moral if it is consistent with and is carried out in light of the divine
set of beliefs and obligations imposed by the active power.
Morality may also be secular, in which case it is independent of any
divine moral prescriptions. What is good or right at a given circumstance does
not derive its basis from any religious doctrine but from the independent moral
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sense shared as humans. 10 (Citations omitted)
In the same case, this Court stated that the rule against immorality should have a
secular basis. Our jurisdiction to determine what is moral or immoral should only be
limited to conduct that affects public interest. Immoral conduct, if made the basis for
imposing administrative penalty, should refer to conduct as of cers of the court. It
must be of such depravity as to reduce the public's con dence in our laws and in our
judicial system, 11 thus:
The non-establishment clause bars the State from establishing, through
laws and rules, moral standards according to a speci c religion. Prohibitions
against immorality should be based on a purpose that is independent of
religious beliefs. When it forms part of our laws, rules, and policies, morality
must be secular. Laws and rules of conduct must be based on a secular
purpose.
In the same way, this court, in resolving cases that touch on issues of
morality, is bound to remain neutral and to limit the bases of its judgment on
secular moral standards. When laws or rules refer to morals or immorality,
courts should be careful not to overlook the distinction between secular and
religious morality if it is to keep its part in upholding constitutionally guaranteed
rights.
There is the danger of "compelled religion" and, therefore, of negating the
very idea of freedom of belief and non-establishment of religion when religious
morality is incorporated in government regulations and policies. As explained in
Estrada v. Escritor:
Otherwise, if government relies upon religious beliefs in
formulating public policies and morals, the resulting policies and
morals would require conformity to what some might regard as
religious programs or agenda. The non-believers would therefore
be compelled to conform to a standard of conduct buttressed by a
religious belief, i.e., to a "compelled religion" anathema to religious
freedom. Likewise, if government based its actions upon religious
beliefs, it would tacitly approve or endorse that belief and thereby
also tacitly disapprove contrary religious or non-religious views
that would not support the policy. As a result, government will not
provide full religious freedom for all its citizens, or even make it
appear that those whose beliefs are disapproved are second-class
citizens. Expansive religious freedom therefore requires that
government be neutral in matters of religion; governmental
reliance upon religious justi cation is inconsistent with this policy
of neutrality.
xxx xxx xxx
. . . We have jurisdiction over matters of morality only insofar as it
involves conduct that affects the public or its interest. cSEDTC
5. Id. at 3.
6. Id.
7. Id.
8. Id.
9. Id. at 4.
10. Id.
11. Id.
12. Id. at 5.
13. Id. at 14-22.
14. Id.
15. Id.
20. Id.
21. Id.
22. Id.
23. Id.
24. Id.
34. A.C. No. 4256, February 13, 2004, 422 SCRA 527, 533.
35. Guevarra v. Eala, A.C. No. 7136, August 1, 2007, 529 SCRA 1, 4.
36. Ferancullo v. Ferancullo, A.C. No. 7214, November 30, 2006, 509 SCRA 1, 17.
37. A.C. No. 7022, June 18, 2008, 555 SCRA 1, 7.
LEONEN, J., concurring:
1. Ponencia, p. 2.
2. RULES OF COURT, Rule 131, sec. 3 (c).
3. CONST., art. III, sec. 1 provides:
SECTION 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.
4. See Cordova v. Cordova , 259 Phil. 278, 281 (1989) [Per Curiam, En Banc]. See also
Montagne v. Dominguez, 3 Phil. 577, 589 (1904) [Per J. McDonough, En Banc].
5. See Vitug v. Atty. Rongcal, 532 Phil. 615, 633 (2006) [Per J. Tinga, Third Division].
6. 159 Phil. 171 (1975) [Per J. Makasiar, First Division].
7. Id. at 177, citing RULES OF COURT (1964), Rule 138, sec. 27; Soberano v. Villanueva , 116
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Phil. 1208, 1212 (1962) [Per J. Concepcion, En Banc]; Mortel v. Aspiras , 100 Phil. 587,
591-593 (1956) [Per J. Bengzon, En Banc]; Royong v. Oblena , 117 Phil. 865, 874
(1963) [Per J. Barrera, En Banc]; Bolivar v. Simbol, 123 Phil. 450, 457-458 (1966) [Per
J. Sanchez, En Banc]; and Quingwa v. Puno , 125 Phil. 831, 838 (1967) [Per J. Regala,
En Banc].
8. Id. at 178, citing Go v. Candoy , 128 Phil. 461, 465 (1967) [Per J. Castro, En Banc].
9. A.M. No. RTJ-15-2417, July 22, 2015 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?
le=/jurisprudence/2015/july2015/RTJ-15-2417.pdf> [Per J. Leonen, Second
Division].