26.

Guevarra vs Atty Eala

Joselano Guevarra filed a complaint for disbarment before the Integrated Bar of the Philippines (IBP)
Committee on Bar Discipline (CBD) against Atty. Jose Emmanuel Eala a.k.a. Noli Eala (respondent) for “grossly
immoral conduct and violation of the lawyer’s oath.” The complainant first met respondent in January 2000
when his (complainant’s) then- fiancée Irene Moje introduced respondent Nolu Eala to him as her friend who
was married to Mary Ann Tantaco with whom he had three children.

After his marriage to Irene, complainant noticed that Irene had been receiving from respondent
cellphone calls, as well as messages some of which real “I love you,” “I miss you,” or “Meet you at Megamall.”
He also noticed that Irene habitually went home vey late at night or early in the morning of the following day,
and sometimes did not go home from work. Complainant also had seen Irene and respondent together in two
occasions. On the second occasion, he confronted them following which Irene abandoned the conjugal house.
The complainant later found out in the master’s bedroom, a folded card bearing the wods “I love you” on its
face, dated October 7, 2000, the day of hi wedding to Irene. It was also revealed that Irene gave birth to a girl
in 2002, naming respondent in the Certificate of Live Birth as the girl’s father.

In the respondent’s answer to complainant’s allegations, he specifically denies having ever flaunted an
adulterous relationship with Irene, that their relationship was low profile and known only to the immediate
members of their respective families. He also said that his special relationship with Irene is neither under
scandalous circumstances nor tantamount to grossly immoral conduct as would be a ground for disbarment.

ISSUE: Whether or not respondent be disbarred from the practice of law

RULING: Yes.

The respondent should be disbarred from the practice of law as it involves the relationship between a married
lawyer and a married woman who is not his spouse even though the affair was carried out discreetly.
While it was being held in disbarment cases that the mere fact of sexual relations between two consenting
adults is not sufficient an administrative sanction for such illicit behavior, it is not so with respect to betrayals
of the marital vow of fidelity.

Respondent also violated the lawyer’s oath he took before practicing law, Rule 1.01 of Canon 1 of the Code of
Professional Responsibility which prescribes a lawyer from engaging in “unlawful, dishonest, immoral, or
deceitful conduct.” And Rule .03 of Canon 7 of the same code which prescribes a lawyer from engaging in any
“conduct that adversely reflects on his fitness to practice law.”

WHEREFORE, the petition is GRANTED. Resolution No. XVII-2006-06 passed on January 28, 2006 by the Board
of Governors of the Integrated Bar of the Philippines is ANNULLED and SET ASIDE.
Respondent, Atty. Jose Emmanuel M. Eala, 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.