Advincula V Macabata

: -This an action of the complaint filed by Cynthia Advincula to Atty. Ernesto Macabata for disbarment
charging the latter Gross Immorality. -it starts on the 1st week of December 2004 where the
complainant seek legal advice to the respondent regarding her collectibles from Queensway Travel and
Tours. And on Feb 10 2005 they meet at some restaurant to discuss about the complaint against above
mentioned Company. After dinner, when the respondent sent complainant home the respondent hold
her arm and kissed her on the cheek and embraced her. -and the other day when they went home and
respondent offered her to ride. At some point the respondent felt sleepy while inside the car of the
respondent and the respondent suddenly stopped the car and started to molest her. Luckily she
succeeds in resisting his intentions. -at that point the complainant already message the respondent that
she will find another lawyer. However, the respondent is consistent on messaging the complainant to
forgive him and at some point he admitted what he has done. -The respondents defense was 1. There
was already criminal case pending filed against respondent 2. Her legal name was Cynthia Advincula 3.
The complainant was living with a man not her husband 4. When they meet the respondent always pay
for the bill On 30 September 2005, Investigating Commissioner Dennis A. B. Funa submitted his Report
and Recommendation,4 recommending the imposition of the penalty of one (1) month suspension on
respondent for violation of the Code of Professional Responsibility. I: WON the respondent violated the
code of Professional responsibility. R: Yes. The respondent violated the Code Of Professional
Responsibility. Under Canon 1.01, 7, and 7.03, Rule 1.01-- A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct. CANON 7-- A lawyer shall at all times uphold the integrity and
dignity of the legal profession and support the activities of the Integrated Bar. Rule 7.03-- A lawyer shall
not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in
public or private life, behave in a scandalous manner to the discredit of the legal profession As may be
gleaned from above, the Code of Professional Responsibility forbids lawyers from engaging in unlawful,
dishonest, immoral or deceitful conduct. It should be noted that the requirement of good moral
character has four ostensible purposes, namely: (1) to protect the public; (2) to protect the public image
of lawyers; (3) to protect prospective clients; and (4) to protect errant lawyers from themselves.
Advincula V Macabata Thursday, September 15, 2022 8:32 AM CASE DIGEST Page 15 In the case at bar,
respondent admitted kissing complainant on the lips and evidence presented that in his answers.
Therefore, he is reprimanded.