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[B.M. No. 984.September 25, 2001]

IN RE PETITION TO TAKE THE 1999 BAR EXAMINATIONS, JULIUS R. CESAR

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 25 2001.

B.M. No. 984(In re Petition to Take the 1999 Bar Examinations, Julius R. Cesar, Petitioner.)

Julius R. Cesar was unconditionally allowed to take the 1999 Bar Examinations but not to take the lawyer's oath upon passing in view of the letter-complaint dated 24 January 2000 of one Tuesday Marie Castro charging him with Immorality and Grave Misconduct.

Tuesday Marie Castro alleged that she and Julius R. Cesar were lovers; that she gave, birth to a baby boy named Michael Angelo Castro on 5 May 1999 as a result of their love affair; that Julius Cesar acknowledged Michael to be his son in the latter's Certificate of Live Birth which contained an Acknowledge/Admission of Paternity; that Julius again acknowledged paternity of Michael in an Amicable Settlement dated 13 March 1999 executed by them before the Office of the Barangay Captain, Cogon District, Tagbilaran City, wherein Julius promised to give financial support to Michael and provide for his education until the latter reaches the age of majority, and; that Julius Cesar had recently refused to give any form of assistance to Michael claiming that he did not father the child.

In his Comment and Opposition Julius Cesar admitted that he and Tuesday Marie were lovers. However he entertained doubts that he fathered Michael Angelo not only because he and Tuesday Marie Castro had already ended their affair four (4) months before he was informed that the latter was four (4) months pregnant but also because Tuesday Marie had already dated different men since then. He alleged that complainant and her relatives succeeded in forcing him, despite his doubts, into acknowledging paternity of Michael before the Office of the Barangay Captain and in the latter's Certificate of Live Birth as he was then under a lot of pressure as he was about to graduate and take the bar examinations. He signed the Amicable Settlement with the understanding and agreement that he and Tuesday Marie would submit to DNA testing to resolve once and for all his doubts regarding Michael's paternity. Tuesday Marie and her parents, however, vehemently and unreasonably refused to go through with the DNA test. Hence, his parents' who have been shouldering the financial assistance to Michael Angelo as he was then unemployed, stopped the same.

Julius R. Cesar now insists that his purpose in seeking the DNA test, is not to disown Michael Angelo, whom he and his parents have already come to love, but merely to know the truth and remove all their doubts; that the DNA test would give the truth regarding his alleged paternity of Michael; that he promises to abide by the result of the DNA test, that is, he will give financial support as religiously as before if Michael Angelo proves to be his son; and, that he refused the easy way out, that is, accept complainant's offer for the withdrawal of this complaint in exchange for a document promising support because he had always been taught to seek, find and live the truth. Finally, Julius Cesar questions the sincerity of Tuesday Marie and her parents who while insisting that Michael Angelo is his son vehemently refuses to submit to the DNA test notwithstanding the fact that his parents will, be the ones to shoulder the cost thereof as well as the travel expenses to and from Manila where it will be conducted.

ACCORDINGLY, considering the foregoing and in the interest of truth and justice, Tuesday Marie Castro is DIRECTED to explain within five (5) days from notice her reasons for refusing to undergo DNA testing.

Very truly yours,

LUZMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D.VILLARAMA

Asst. Clerk of Court


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