8/17/2019 Arciga-v-Maniwang.docx

1/2

Rule 1.01 – A lawyer shall not engage in unlawful, dishonest,

immoral or deceitful conduct.

MAGDALIA AR!IGA. ". #$G%DI& MAI'AG

A.M. o. 1(0), August 1*, 1+01

A!-# In 1970, the respondent and complainant got acquainted when

the former was then a law student and the latter then a medical

technology student. In 1971, they started having a sexual relationship.

Complainant got pregnant in 197. !he two then went to the

complainant"s hometown to tell the latter"s parents a#out the pregnancy.

!hey also made the complainant"s parents #elieve that they were

already married #ut they would have to have the church wedding

deferred until respondent passes the #ar exams. $espondent secured acopy of his #irth certificate in preparation of securing a marriage license.

In 197%, the respondent passed the #ar. &ut after his oath ta'ing,

he stopped communicating with the complainant. Complainant located

his wherea#outs and there she found out that the respondent married

another woman. Complainant confronted the respondent"s wife and this

displeased him so he inflicted physical in(uries upon the complainant.

Complainant then filed a dis#arment case against the respondent

grounded on gross immoral conduct. !he respondent admitted that he isthe father of complainant"s child) that he did promise to marry her many

times) that he #ro'e those promises #ecause of her shady past #ecause

apparently she had an illegitimate child even #efore her son with the

respondent was #orn.

I##%$ *hether or not the respondent should #e dis#arred on the

ground of gross immoral conduct in violation of the $ule 1.01 of the

Code of +rofessional $esponsi#ility.

/$LD !he upreme Court upon citing several cases that merited gross

immoral conduct such as the cases of -ortel v. spiras and lmire/ v.

ope/ ruled that the respondent"s refusal to marry the complainant was

not so corrupt nor unprincipled as to warrant dis#arment. &ut the

upreme Court did say that it is difficult to state with precision and to

fix an inflexi#le standard as to what is grossly immoral conduct2 or to

8/17/2019 Arciga-v-Maniwang.docx

2/2

specify the moral delinquency and o#liquity which render a lawyer

unworthy of continuing as a mem#er of the #ar.

!he rule implies that what appears to #e unconventional #ehavior

to the straight3laced may not #e the immoral conduct that warrants

dis#arment. Immoral conduct has #een defined as that conduct which

is willful, flagrant, or shameless, and which shows a moral indifference

to the opinion of the good and respecta#le mem#ers of the community2.