EN BANC
A.C. No. 7733, October 01, 2019
DAISY D. PANAGSAGAN, COMPLAINANT, v. ATTY. BERNIE Y. PANAGSAGAN, RESPONDENT.
D E C I S I O N
PER CURIAM:
In her complaint, Daisy Panagsagan gave the following accounts:Complainant got married to respondent on 18 December 2000. At the start, the marriage was strong but respondent entered into an illicit relationship with a fellow employee named Corazon Igtos at the Land Transportation Franchising and Regulatory Board (LTFRB). Respondent and Igtos begot two children born on May 2004 and July 2006.
Complainant avers that respondent's immoral conduct was known not only by their officemates, but by the community. Their illicit affair showing pictures of the romantic relations of respondent with his paramour were uploaded in an online social networking site.
On 3 November 2002, respondent packed his things and told complainant he was leaving the conjugal home. When asked, respondent only replied that he wanted to try a bachelor's life. On 2 December 2002, respondent came home to complainant and stayed until the New Year. During this time, respondent told complainant that he cannot stay at home anymore because of his love to his mistress, and he made complainant to choose whether he spend the weekdays with his paramour or she file a petition for declaration of nullity of their marriage, so that he can marry Corazon Igtos. Complainant declined to choose.
On May 3, 2003, upon a tip from a friend, complainant found respondent living with Corazon Igtos in San Rafael, Mandaluyong. Inside their residence, complainant saw a picture of respondent with his concubine together and took it. When respondent noticed the picture missing, she asked complainant to return it but the latter refused. Respondent then got mad and boxed complainant several times and bumped her head against the cement wall. The mauling of complainant was witnessed by their minor child who was with her.
On 24 May 2003, respondent returned to their house to get all the things they acquired together as spouses. Since then, respondent never returned home and instead decided to live for good with his concubine. This time respondent completely abandoned complainant and their child. Even the educational plan of their child and support has been stopped.
In his Answer, respondent alleges that it was complainant that left the conjugal dwelling on 2003. He claims that marriage with complainant was a mistake as she was difficult to live with due to her suicidal tendencies, violent outbursts and delusional episodes. He denies any extra marital affair with anybody more so with Corazon Igtos. However, respondent admits having fathered Igtos' children. Respondent further alleges that, while being sweethearts since 1993, respondent alleges that he had constant quarrels with complainant owing to her attitude and worse because of her alleged admitted infidelity with a certain Vhein with whom complainant was allegedly living with. Respondent, while having doubts with the paternity of their child, he nonetheless still married complainant in 2000.
On February 2003, Respondent avers that it was the complainant who was the one who asked for "a break and space" and told him that she would need another place of her own. Complainant allegedly confessed of having an illicit affair with a Jason Santos, a grandchild of her patient in PGH. Enraged, respondent finally burned the bridge between him and complainant. After a few days, respondent went back to the place of complainant and took all of his personal belongings and tried to talk to her regarding their conjugal properties. Complainant remained indifferent even after respondent took their child and entrusted her under the temporary care of his mother.
On June 2003, complainant forcefully took the child without informing respondent. He never saw his child or was able to locate their whereabouts. Sometime on June 2004, respondent was able to locate the residence of complainant and their child and after a confrontational and physical “tug-of-war” respondent relented as not to traumatize the child. Weeks after, respondent learned that complainant moved out of the place, presumably to hide the child from him. Since then, respondent has been trying to locate complainant to no avail.
Within the same year, respondent converted to Islam and fell in love with a woman. On January 2003, respondent chose his second partner in life as a Muslim.1
WHEREFORE, premises considered, the Board resolves to partially GRANT complainant's Motion for Reconsideration taking into consideration the grossly immoral conduct of respondent in maintaining an illicit affair with another woman and fathering two children by her; by completely abandoning his family and for converting himself to Islam with the intention to marry his paramour. Thus, the Board resolves to AFFIRM with modification Resolution NO. XX-2013-715 dated 21 June 2013 and accordingly increase the penalty of suspension for two years of Atty. Bernie Panagsagan to DISBARMENT.
SO ORDERED.8
Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.xxxx xxxx xxxx
Rule 7.03 &ndash A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor should he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.
Complainant have presented documentary evidence consisting of the birth certificates of Vernie Mikhaela and Stephanie Beatriz, both surnamed Panagsagan and the signed admission of paternity of respondent to prove the fact that respondent sired two illegitimate children out of his illicit affair with Corazon Igtos. Such acknowledgment coming from respondent negates his own claim that he did not have any extra-marital relationship with Igtos. Complainant further gathered numerous photographs from an online social networking site of respondent with his paramour which depicts their romantic relationship. Clearly, respondent have no shame to flaunt his adulterous conduct with his paramour, not minding the exacting moral standards set for the members of the legal profession.
From the foregoing, it is crystal clear that respondent attempts to hide his infidelity and gross immoral conduct behind a flimsy claim of having converted to Islam. Assuming for the sake of argument that he indeed converted to Islam, he could have only done so after the birth of his second child with Igtos which indicates that he did so as a way to legitimize his illicit affair with Corazon Igtos. Either way, his act is reprehensible and cannot be tolerated in a lawyer.18
Endnotes:
1Rollo, pp. 452-453.
2 Id. at 404-412.
3 Id. at 410.
4 Id. at 412.
5 Id. at 432-433.
6 Id. at 413-416.
7 Id. at 428-431.
8 Id. at 431.
9 Id. at 450.
10 Id. at 452- 455.
11 Id. at 454.
12Advincula v. Advincula, A.C. No. 9226, June 14, 2016, 793 SCRA 236, 247.
13Narag v. Narag, A.C. No. 3405, June 29, 1998, 291 SCRA 451, 464.
14Ceniza v. Ceniza, Jr., A.C. No. 8335, April 10, 2019.
15 Supra note 12.
16 Id. at 247-248.
17Rollo, p. 454.
18 Id. at 430.
19 Supra note 14.
20Bustamante-Alejandro v. Alejandro, A.C. No. 4256, February 13, 2004, 422 SCRA 527.
21 A.C. No. 7136, August 1, 2007, 529 SCRA 1.
22 A.C. No. 5816, March 10, 2015, 752 SCRA 185
23Ceniza v. Ceniza, Jr., supra note 14.