Barrientos vs.

Daarol
A.C. No. 1512
Facts:
1) Victoria Barrientos, was about 20 years old during the time of her relationship
with respondent; while respondent Transfiguracion Daarol, married, General
Manager of Zamboanga del Norte Electric Cooperative, and 41 years old at
the time of the said relationship.
2) That respondent is married to Romualda A. Sumaylo with whom be has a son;
and that said respondent had been separated from his wife for about 16 years
at the time of his relationship with complainant;
3) The respondent promised to marry Victoria in six months of the in
relationship. However, complainant became pregnant.
4) They agreed that complainant would deliver her child in Manila, where Daarol
admitted to her that he is not capacitated to marry because of the previous
marriage. But he promised to fix things. Later on, Victoria decided to deliver
the child in Cebu City in order to be nearer to Dipolog City. During her stay
here in Manila and later in Cebu City, the respondent defrayed some of her
expenses; that she filed an administrative case against respondent with the
National Electrification Administration; which complaint, however, was
dismissed; and then she instituted the present disbarment proceedings against
respondent.
ISSUE:
Should Daarol be disbarred?
Holdings:
1) Victoria was never informed of the status of Daarol and was led to believ that he is
single. It was deception that Daarol promised to marry her when he knew as an Attorney
that he is not capacitated to marry.
2) Daarols claim that he embraced the Muslim religion does not excuse him since his first
marriage is under the Christian religion, therefore it follows the Civil Code. This is also
contradicting to his reason to Victoria that he will be charged with bigamy if he marries
her.
3) Grounds for his disbarment:
a) Deceit and grossly immoral conduct under Section 27 of Rule 138
b) Lack of good moral character under Section 2 of Rule 138.