Concubinage Adultery
Concubinage Adultery
Concubinage Adultery
August 1, 2007
RATIO:
FACTS:
Wife of petitioner, Irene Moje was having an illicit affair with the respondent. After leaving the conjugal
home, petitioner found out that Irene and respondent was living together in a residential house few blocks
away from the church they were married. Few months thereafter, Irene gave birth to a baby girl and wrote
the name of the respondent as the father in the certificate of live birth.
Petitioner filed a petition for annulment of marriage to Irene and a criminal complaint for adultery against
respondent and Irene. (SC used concubinage to decide respondent's disbarment)
Petitioner also filed a complaint for disbarment before the IBP-CBD on the ground of gross immoral
conduct and unmitigated violation of the lawyer's oath
Respondent's defense: his relationship with Irene was not under scandalous circumstances nor
tantamount to grossly immoral conduct(grounds for disbarment) as it was kept low profile and known only
to the immediate members of their respective families. (he never denied the illicit relationship and him
being the father of the child of Irene)
Disbarment was dismissed by the IBP Board of Governors due to lack of merit. (no explanation from the
IBP)
ISSUE/S:
WoN an illicit affair between a married lawyer and a married woman constitute gross immoral conduct.
(SC did not discuss much of adultery and concubinage as it was clear on this case and that this was an
admin case)
ISSUE/S:
WoN the case should be dismissed