Patricia Figueroa filed a petition against Simeon Barranco Jr. after learning he married another woman, despite his repeated promises to marry her after passing the bar exam. They had been sweethearts and had a child together. The court ruled that while Barranco's actions suggested doubtful moral character, it did not constitute "grossly immoral conduct" warranting permanent exclusion from the legal profession. The court determined their sexual relations were consensual and, while his promises were ignoble, the 26 years he had been prevented from becoming a lawyer was sufficient punishment. The court allowed the now 62-year-old Barranco to take the lawyer's oath.
Patricia Figueroa filed a petition against Simeon Barranco Jr. after learning he married another woman, despite his repeated promises to marry her after passing the bar exam. They had been sweethearts and had a child together. The court ruled that while Barranco's actions suggested doubtful moral character, it did not constitute "grossly immoral conduct" warranting permanent exclusion from the legal profession. The court determined their sexual relations were consensual and, while his promises were ignoble, the 26 years he had been prevented from becoming a lawyer was sufficient punishment. The court allowed the now 62-year-old Barranco to take the lawyer's oath.
Patricia Figueroa filed a petition against Simeon Barranco Jr. after learning he married another woman, despite his repeated promises to marry her after passing the bar exam. They had been sweethearts and had a child together. The court ruled that while Barranco's actions suggested doubtful moral character, it did not constitute "grossly immoral conduct" warranting permanent exclusion from the legal profession. The court determined their sexual relations were consensual and, while his promises were ignoble, the 26 years he had been prevented from becoming a lawyer was sufficient punishment. The court allowed the now 62-year-old Barranco to take the lawyer's oath.
Patricia Figueroa filed a petition against Simeon Barranco Jr. after learning he married another woman, despite his repeated promises to marry her after passing the bar exam. They had been sweethearts and had a child together. The court ruled that while Barranco's actions suggested doubtful moral character, it did not constitute "grossly immoral conduct" warranting permanent exclusion from the legal profession. The court determined their sexual relations were consensual and, while his promises were ignoble, the 26 years he had been prevented from becoming a lawyer was sufficient punishment. The court allowed the now 62-year-old Barranco to take the lawyer's oath.
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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.