SBC Case No. 519. July 31, 1997. Patricia Figueroa vs. Simeon Barranco, JR

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3

SBC Case No. 519. July 31, 1997.

PATRICIA FIGUEROA vs. SIMEON BARRANCO, JR.


FACTS:
Respondent and complainant were town mates and sweethearts. Their intimacy
yielded a son, Rafael Barranco. It was after the child was born, complainant
alleged, that respondent first promised he would marry her after he passes the bar
examinations. Their relationship continued and respondent allegedly made more
than twenty or thirty promises of marriage. Her trust in him and their relationship
ended when she learned that respondent married another woman. Thus, after
respondent had passed the 1970 bar examinations on the fourth attempt,
complainant filed the instant petition before he could take his oath averring that
respondent and she had been sweethearts, that a child out of wedlock was born to
them and that respondent did not fulfill his repeated promises to marry her.
ISSUE:
Whether or not respondent is guilty of gross immorality.
RULING:
NO. These facts do not constitute gross immorality warranting the permanent
exclusion of respondent from the legal profession. His engaging in premarital
sexual relations with complainant and promises to marry suggests a doubtful moral
character on his part but the same does not constitute grossly immoral conduct.
The Court has held that to justify suspension or disbarment the act complained of
must not only be immoral, but grossly immoral. “A grossly immoral act is one that
is so corrupt and false as to constitute a criminal act or so unprincipled or
disgraceful as to be reprehensible to a high degree.” It is a willful, flagrant, or
shameless act which shows a moral indifference to the opinion of respectable
members of the community
Respondent and complainant were sweethearts whose sexual relations were
evidently consensual. Unfortunately, respondent chose to marry and settle
permanently with another woman. The Court cannot castigate a man for seeking
out the partner of his dreams, for marriage is a sacred and perpetual bond which
should be entered into because of love, not for any other reason. Even assuming
that his past indiscretions are ignoble, the twenty-six years that respondent has
been prevented from being a lawyer constitute sufficient punishment therefor.
During this time there appears to be no other indiscretion attributed to him.
Respondent, who is now sixty-two years of age, should thus be allowed, albeit
belatedly, to take the lawyer’s oath.

You might also like