Case Digest #4
Case Digest #4
Case Digest #4
AQUINO, J.:
FACTS:
Atty. Generoso Obusan Jr., then single, had a relationship with one Natividad Estabillo. In 1972, Estabillo begot a son
with Obusan. Obusan later found out that Estabillo was at the time still validly married with one Tony Garcia. Four
days after the birth of his son with Estabillo, Obusan married Preciosa Razon. The couple lived more than a year
together until one day when Obusan left the conjugal home and never returned.
Preciosa searched for Obusan until she found out that the latter has been living with Natividad Estabillo. Preciosa then
filed a disbarment case against Obusan on the grounds of gross immorality and adultery. Preciosa presented the
testimonies of the neighbors of Estabillo who all testified that Estabillo and Obusan presented themselves as husband
and wife in their community.
ISSUE:
RULING:
Yes. Obusan failed to counter the evidence presented by his wife. He even failed to file responsive pleadings. Hence, on
the strength of the evidence against him, he is guilty of grossly immoral conduct. Abandoning one’s wife and resuming
carnal relations with a former paramour, a married woman, falls within “that conducts which is wilful, flagrant, or
shameless, and which shows a moral indifference to the opinion of the good and respectable members of the
community”. He failed to maintain the highest degree of morality expected and required of a member of the bar.