Ventura Vs Samson
Ventura Vs Samson
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* EN BANC.
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PER CURIAM:
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1 See Tapucar v. Tapucar, Adm. Case No. 4148, July 30, 1998, 293 SCRA 331, 338.
2 Rollo, pp. 2-5.
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RAPE was committed against her person sometime in December, 2001 and
on 19 March 2002 when she was merely thirteen (13) years of age by
herein Respondent ATTY. DANILO S. SAMSON, then thirty eight (38)
years old, married to Teresita B. Samson, Filipino and resident of Barangay
5, San Francisco, Agusan Del Sur, Philippines….
3. In his Counter-Affidavit, herein Respondent ATTY. DANILO S.
SAMSON admitted that sexual intercourse indeed transpired between the
herein Complainant MARIA VICTORIA B. VENTURA and himself….
4. After the conduct of preliminary investigation, the Office of the
Provincial Prosecutor of Agusan Del Sur, Philippines issued a
RESOLUTION dated 10 June 2002 dismissing the charge of RAPE and
finding the existence of probable cause for the crime of QUALIFIED
SEDUCTION and issued the corresponding INFORMATION for
QUALIFIED SEDUCTION on 04 July 2002….
5. Thereafter, the herein Complainant filed a MOTION FOR
RECONSIDERATION dated 26 August 2002 which was denied in the
RESOLUTION dated 02 October 2002 of the Office of the Provincial
Prosecutor of Agusan Del Sur….
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3 Id., at pp. 6-7. Dated April 19, 2002.
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entered and went on top of her. Respondent kissed her lips, sucked
her breast, and succeeded in having sexual intercourse with her. She
felt pain and found blood stain in her panty. She stated that another
incident happened on March 19, 2002 at respondent’s poultry farm
in Alegria, San Francisco, Agusan del Sur. Respondent asked her to
go with him to the farm. He brought her to an old shanty where he
sexually abused her. Thereafter, respondent gave her five hundred
pesos and warned her not to tell anyone what had happened or he
would kill her and her mother.
In her Supplemental-Complaint,4 complainant averred that
respondent allowed her to sleep in his house after her mother agreed
to let her stay there while she studied at the Agusan National High
School. She further stated that on the night she was sexually abused,
she was awakened when respondent went on top of her. She
struggled to free herself and shouted, but respondent covered her
mouth and nobody could hear as nobody was in the house.
Complainant also claimed that on March 19, 2002, between 5:00
p.m. to 6:00 pm, respondent forced her to ride a multi-cab. When
they arrived at his poultry farm in Alegria, respondent dragged her
to a dilapidated shack. She resisted his advances but her efforts
proved futile.
Respondent alleged in his Answer5 that
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4 Id., at pp. 8-9.
5 Id., at pp. 57-62. Dated September 2, 2004.
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duct. The truth is that [the] act of respondent in having sex with complainant
was done [with] mutual agreement after respondent gave money to
complainant. Respondent respectfully submit[s] that his act of having sex
with complainant once does not constitute … gross[ly] immoral conduct.
There is no human law that punishes a person who [has] sex with a woman
with mutual agreement and complainant [accepts] compensation therefore.
Having sex with complainant once with just compensation does not amount
to immoral conduct….
xxxx
6. The complaint is instigated by Corazon Ventura who was an employee
at the Law Office of respondent herein. The said Corazon Ventura
entertained hatred and [had a grudge] against the herein respondent who
terminated her services due to misunderstanding….
7. The filing of the Criminal Case against respondent as well as this
Administrative Case is a well orchestrated and planned act of Corazon
Ventura as vengeance against respondent as a result of her separation from
the employment in the Law Office of the respondent. This claim is
supported by the Affidavit of Natividad Ruluna, the former Office Clerk at
the Law Office of respondent….
8. To show that Corazon Ventura desires to get back [at] respondent, she
demanded from respondent to settle with her and demanded the payment of
the amount [of] P2,000,000.00[;] otherwise she will file a case against him
in Court for Rape and for disbarment. Respondent did not come across with
Corazon Ventura, the latter made good her threats and filed the criminal case
for Rape. [sic] When the case [for] rape did not prosper because the
Prosecutor dropped the Rape Case, Corazon Ventura [sent word] to
respondent that she is amenable for the amount of P400,000.00. In effect,
Corazon Ventura wanted to extort from respondent so that she [can] get
even with him and his wife for separating her from the employment;
9. Complainant is a woman of loose moral character. This is supported by
the Affidavit of Patronio Punayan, Jr. which is hereto attached as Annex
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“3”. And Corazon Ventura can afford to utilize Maria Victoria Ventura as
her instrument in putting down the respondent herein because Maria
Victoria Ventura is not her biological daughter and she knows before hand
that her ward has a questionable reputation. The fact [that] Corazon Ventura
is not the biological
437
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6 Id., at pp. 63-69.
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walked back to the multi-cab where she waited for him. He told her
not to tell anyone about what had happened, to which she replied
“natural buang kay motug-an” meaning, she’s not crazy as to tell
anyone. He alleged that she accepted the money he gave because she
needed to buy some things but her mother did not give her any
allowance. Respondent insisted that what happened between them
was the first and the last incident. He claimed that he was able to
confirm that complainant is no longer a virgin.
It likewise appears that the Investigating Prosecutors found that
probable cause exists for respondent to stand trial for qualified
seduction.7 The charge of rape, however, was dismissed for
insufficiency of evidence. An Information was filed with the
Regional Trial Court (RTC) of Agusan del Sur, Branch 6, but
complainant who was not satisfied with the dismissal of the rape
charge, filed a motion for reconsideration. When said motion was
denied, complainant filed a petition for review with the Department
of Justice (DOJ). However, the DOJ sustained the findings of the
prosecutor.
Then, on December 14, 2006, complainant and her mother
appeared before the public prosecutor and executed their respective
Affidavits of Desistance.8 Complainant stated that what happened
between respondent and her in March 2002 was based on mutual
understanding. Thus, she was withdrawing the complaint she filed
against respondent before the RTC as well as the one she filed
before the IBP Commission on Bar Discipline. Accordingly, the
criminal case against respondent was dismissed.9
In its Report and Recommendation10 dated October 10, 2007, the
IBP Commission on Bar Discipline recommended that respondent
be suspended for a period of one year from
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7 Id., at pp. 119-122. Resolution dated June 10, 2002.
8 Id., at pp. 158-159.
9 Id., at p. 164.
10 Id., at pp. 172-184.
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the practice of law for immorality with the warning that repetition of
the same or similar act will merit a more severe penalty.
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11 Id., at p. 170.
12 Id., at pp. 185-188.
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13 Id., at pp. 194-201.
14 A.C. No. 4921, March 6, 2003, 398 SCRA 658, 664.
441
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15 See Advincula v. Macabata, A.C. No. 7204, March 7, 2007, 517 SCRA 600,
609.
16 See Cojuangco, Jr. v. Palma, Adm. Case No. 2474, September 15, 2004, 438
SCRA 306, 314.
17 Garrido v. Garrido, A.C. No. 6593, February 4, 2010, 611 SCRA 508, 518,
citing St. Louis University Laboratory High School (SLU-LHS) Faculty and Staff v.
Dela Cruz, A.C. No. 6010, August 28, 2006, 499 SCRA 614, 624.
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moral depravity and low regard for the dignity of the human person
and the ethics of his profession.
In Cordova v. Cordova,18 we held that the moral delinquency that
affects the fitness of a member of the bar to continue as such
includes conduct that outrages the generally accepted moral
standards of the community, conduct for instance, which makes a
mockery of the inviolable social institution of marriage.
Respondent has violated the trust and confidence reposed on him
by complainant, then a 13-year-old minor,19 who for a time was
under respondent’s care. Whether the sexual encounter between the
respondent and complainant was or was not with the latter’s consent
is of no moment. Respondent clearly committed a disgraceful,
grossly immoral and highly reprehensible act. Such conduct is a
transgression of the standards of morality required of the legal
profession and should be disciplined accordingly.
Section 27, Rule 138 of the Rules of Court expressly states that a
member of the bar may be disbarred or suspended from his office as
attorney by the Supreme Court for, among others, any deceit, grossly
immoral conduct, or violation of the oath that he is required to take
before admission to the practice of law. It bears to stress that
membership in the Bar is a privilege burdened with conditions. As a
privilege bestowed by law through the Supreme Court, membership
in the Bar can be withdrawn where circumstances concretely show
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18 Adm. Case No. 3249, November 29, 1989, 179 SCRA 680, 683.
19 Rollo, p. 84. Certification of the Municipal Civil Registrar certifying that
complainant was born on September 25, 1988.
20 Garrido v. Garrido, supra note 17 at p. 526.
21 Adm. Case No. 4539, May 14, 1997, 272 SCRA 408, 414.
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22 A.C. No. 2614, June 29, 2000, 334 SCRA 513, 521.
23 Tiong v. Florendo, A.C. No. 4428, December 12, 2011, 662 SCRA 1, 6-7.
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24 Samaniego v. Ferrer, A.C. No. 7022, June 18, 2008, 555 SCRA 1, 5, citing
Bustamante-Alejandro v. Alejandro, A.C. No. 4526, February 13, 2004, 422 SCRA
527, 533, Guevarra v. Eala, A.C. No. 7136, August 1, 2007, 529 SCRA 1, 21,
Zaguirre v. Castillo, A.C. No. 4921, August 3, 2005, 465 SCRA 520, 525, and
Ferancullo v. Ferancullo, A.C. No. 7214, November 30, 2006, 509 SCRA 1, 15.
444
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25 See Tapucar v. Tapucar, supra note 1 at p. 341.
26 Dantes v. Dantes, A.C. No. 6486, September 22, 2004, 438 SCRA 582, 590,
citing Tapucar v. Tapucar, supra note 1 at pp. 339-340 and Resurreccion v. Sayson,
Adm. Case No. 1037, December 14, 1998, 300 SCRA 129, 136-137.
27 Dantes v. Dantes, id.
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SO ORDERED.
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