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Samaniego Vs Ferrer
Samaniego Vs Ferrer
RULINGS
Yes, the court finds the penalty recommended by the IBP and Office of the Bar
Confidant as adequate sanction for the grossly immoral conduct of respondent.
Atty. Ferrer admitted his extra-marital affair; in his words, his indiscretion
which ended in 2000. The court have considered such illicit relation as a
disgraceful and immoral conduct subject to disciplinary action. The penalty for
such immoral conduct is disbarment, or indefinite or definite suspension,
depending on the circumstances of the case.
As compared to the recent case of Ferancullo v. Ferancullo, Jr., the court ruled
that suspension from the practice of law for 2 years was an adequate penalty
imposed on the lawyer who was found guilty of gross immorality. In said case, the
court considered the absence of aggravating circumstances such as an adulterous
relationship coupled with refusal to support his family; or maintaining illicit
relationships with at least two women during the subsistence of his marriage; or
abandoning his legal wife and cohabiting with other women.
LAWS APPLIED
Canon 7A lawyer shall at all times uphold the integrity and dignity of the legal
profession and support the activities of the integrated bar. x x x x
Rule 7.03A 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.