Title of the Case: JOSELANO GUEVARRA, complainant, vs. ATTY. JOSE EMMANUEL EALA, respondent.

G.R. No. and Date: A.C. No. 7136; August 1, 2007

Legal Doctrine: Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of Professional Responsibility

Facts:

 A complaint of disbarment was filed before the Integrated Bar of the Philippines on Bar
Discipline against ATTY. JOSE EMMANUEL EALA. On January 2000, Guevarra (complainant) met
Eala (respondent), where the respondent introduced Irene as his “friend” to Guevarra. Eala, is
married to Marianne and has three children.
 Around the time of their marriage, Irene would constantly receive messages from EALA like “I
love you”, and “Let’s meet at Megamall.” Irene would also tend to go home very late or the
morning of the following day. Her excuses were: she was caught up at work or she stayed at her
parents’ home.
 After the incident on Irene’s birthday, she also left the handwritten letter given to her on the day
of their wedding in the master’s bedroom.
 On April 2001, he saw the respondent’s car and or Irene’s parked at no. 71 B11th Street, New
Manila and later on found out that Irene was pregnant (January 18, 2002).
 On paragraph 14 of the complainant reading, the respondent and Irene were claimed to flaunt
their adulterous relationship after going out to the launch of “Wine All You Can” with a photo
captioned "Irene with Sportscaster Noli Eala”. Eala denies this allegation and said that their
relationship is private and is known only by their friends and family.
 The complainant then accused him of his adulterous conduct with his wife, abandoning his
family, and demonstrating his gross moral depravity which makes him morally unfit to be the
member of the bar. Lastly, he was claimed to have called marriage as a “piece of paper.”
 Eala still denies “flaunting of adulterous relationship” and said that his wife was a personal
knowledge about his “special friendship” with Irene. He also denies calling marriage as “a piece
of paper” because he actually refers it to the handwritten letter. He only admitted to fact that he
violated Article XV, section 2 of the constitution.
 Eala also filed a reply admitting he is the father of Irene’s child but the complainant filed a
Rejoinder to Dismiss Motion since he claimed that he never saw the attached birth certificate.
 The respondent then dismissed this due to the pending case of annulment to Irene, and criminal
complaint of adultery.
 On the investigation testimony of Milagros V. San Juan, IBP Commissioner he found the charge
to be sufficiently proven and violates Rule 1.01 of Canon 1 of The Code of Professional
Responsibility Rule 7.03 of Canon 7 of the same Code.
 However, the IBP Board of governors annulled and set aside the recommendation on
investigation because of lack of merit on January 28, 2006.

Issue/s:
Can Atty. Jose Emmanuel M. Eala be disbarred on the grounds of having an adulterous relationship or
concubinage?

Ruling: Yes. The respondent, Atty. Jose M. Eala had an adulterous relationship or concubinage which
violates article XV of the Constitution on Marriage. He also swore an oath to uphold the constitution.
Therefore, the respondent is DISBARRED for grossly immoral conduct, violation of his oath of office, and
violation of Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of Professional Responsibility.