JOSELANO GUEVARRA VS. ATTY.

JOSE EMMANUEL EALA

A.C. NO. 7136, August 1, 2007, EN BANC, (per curiam)

FACTS:

Joselano Guevarra first met Jose Eala when his then-fiance Irene Moje introduced him as her
friend who was married to Marianne Tantoco with whom he had 3 children. After their marriage,
Guevarra noticed that Irene have been receiving calls and texts from Eala some of which read I love
you, I miss you, or Meet you at Megamall. He also noticed that she habitually came home very late at
night or early in the morning and sometimes did not go home at all. Upon asking about her whereabouts,
she said that she was at her parents or that she was busy with work.

Guevarra saw the two together on separate occasions and on the second one, he confronted them,
thereby causing Irene to abandon the family home. Upon Irenes abandonment, Guevarra found a love
letter addressed to her on the day of the wedding. It was written by Eala, expressing his undying love for
her even if she was going to be married to someone else. Guevarra later found out that the two were living
together a few blocks from the church where they got married and that a child was eventually born to
them.

Guevarra filed a case against Eala about their relationship. However, Eala answered that they
were not flaunting their adulterous relationship as only close family and friends know about it and it was
neither under scandalous circumstances nor tantamount to grossly immoral conduct which are the grounds
for disbarment.

ISSUE:

Whether or not Atty. Jose Emmanuel Eala is guilty of gross immoral conduct and unmitigated
violation of the lawyers oath by reason of his relationship with Irene Moje?

HELD:

Yes. That the marriage between complainant and Irene was subsequently declared void ab initio
is immaterial. The acts complained of took place before the marriage was declared null and void. As a
lawyer, respondent should be aware that a man and a woman deporting themselves as husband and wife
are presumed, unless proven otherwise, to have entered into a lawful contract of marriage. In carrying on
an extra-marital affair with Irene prior to the judicial declaration that her marriage with complainant was
null and void, and despite respondent himself being married, he showed disrespect for an institution held
sacred by the law. And he betrayed his unfitness to be a lawyer.

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.