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United States Supreme Court Jurisprudence



Republic of the Philippines
SUPREME COURT
Manila

EN BANC

A.M. No. 3249 November 29, 1989

SALVACION DELIZO CORDOVA, Complainant, vs. ATTY. LAURENCE D. CORDOVA, Respondent.

R E S O L U T I O N

 

PER CURIAM:

In an unsworn letter-complaint dated 14 April 1988 addressed to then Mr. Chief Justice Claudio Teehankee, complainant Salvacion Delizo charged her husband, Atty. Laurence D. Cordova, with immorality and acts unbecoming a member of the Bar. The letter-complaint was forwarded by the Court to the Integrated Bar of the Philippines, Commission on Bar Discipline ("Commission"), for investigation, report and recommendation.chanrobles virtual law library

The Commission, before acting on the complaint, required complainant to submit a verified complaint within ten (10) days from notice. Complainant complied and submitted to the Commission on 27 September 1988 a revised and verified version of her long and detailed complaint against her husband charging him with immorality and acts unbecoming a member of the Bar.chanrobles virtual law library

In an Order of the Commission dated 1 December 1988, respondent was declared in default for failure to file an answer to the complaint within fifteen (15) days from notice. The same Order required complainant to submit before the Commission her evidence ex parte, on 16 December 1988. Upon the telegraphic request of complainant for the resetting of the 16 December 1988 hearing, the Commission scheduled another hearing on 25 January 1989. The hearing scheduled for 25 January 1989 was rescheduled two (2) more times-first, for 25 February 1989 and second, for 10 and 11 April 1989. The hearings never took place as complainant failed to appear. Respondent Cordova never moved to set aside the order of default, even though notices of the hearings scheduled were sent to him.chanrobles virtual law library

In a telegraphic message dated 6 April 1989, complainant informed the Commission that she and her husband had already "reconciled". In an order dated 17 April 1989, the Commission required the parties (respondent and complainant) to appear before it for confirmation and explanation of the telegraphic message and required them to file a formal motion to dismiss the complaint within fifteen (15) days from notice. Neither party responded and nothing was heard from either party since then.chanrobles virtual law library

Complainant having failed to submit her evidence ex parte before the Commission, the IBP Board of Governors submitted to this Court its report reprimanding respondent for his acts, admonishing him that any further acts of immorality in the future will be dealt with more severely, and ordering him to support his legitimate family as a responsible parent should.chanrobles virtual law library

The findings of the IBP Board of Governors may be summed up as follows:

Complainant and respondent Cordova were married on 6 June 1976 and out of this marriage, two (2) children were born. In 1985, the couple lived somewhere in Quirino Province. In that year, respondent Cordova left his family as well as his job as Branch Clerk of Court of the Regional Trial Court, Cabarroguis, Quirino Province, and went to Mangagoy, Bislig, Surigao del Sur with one Fely G. Holgado. Fely G. Holgado was herself married and left her own husband and children to stay with respondent. Respondent Cordova and Fely G. Holgado lived together in Bislig as husband and wife, with respondent Cordova introducing Fely to the public as his wife, and Fely Holgado using the name Fely Cordova. Respondent Cordova gave Fely Holgado funds with which to establish a sari-sari store in the public market at Bislig, while at the same time failing to support his legitimate family.chanrobles virtual law library

On 6 April 1986, respondent Cordova and his complainant wife had an apparent reconciliation. Respondent promised that he would separate from Fely Holgado and brought his legitimate family to Bislig, Surigao del Sur. Respondent would, however, frequently come home from beerhouses or cabarets, drunk, and continued to neglect the support of his legitimate family. In February 1987, complainant found, upon returning from a trip to Manila necessitated by hospitalization of her daughter Loraine, that respondent Cordova was no longer living with her (complainant's) children in their conjugal home; that respondent Cordova was living with another mistress, one Luisita Magallanes, and had taken his younger daughter Melanie along with him. Respondent and his new mistress hid Melanie from the complinant, compelling complainant to go to court and to take back her daughter by habeas corpus. The Regional Trial Court, Bislig, gave her custody of their children.chanrobles virtual law library

Notwithstanding respondent's promises to reform, he continued to live with Luisita Magallanes as her husband and continued to fail to give support to his legitimate family.chanrobles virtual law library

Finally the Commission received a telegram message apparently from complainant, stating that complainant and respondent had been reconciled with each other.chanrobles virtual law library

After a review of the record, we agree with the findings of fact of the IBP Board. We also agree that the most recent reconciliation between complainant and respondent, assuming the same to be real, does not excuse and wipe away the misconduct and immoral behavior of the respondent carried out in public, and necessarily adversely reflecting upon him as a member of the Bar and upon the Philippine Bar itself. An applicant for admission to membership in the bar is required to show that he is possessed of good moral character. That requirement is not exhausted and dispensed with upon admission to membership of the bar. On the contrary, that requirement persists as a continuing condition for membership in the Bar in good standing.


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