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Disbarment for Gross Immorality

This case digest summarizes a disbarment case from 1984. Generoso Obusan Jr. had a relationship with Natividad Estabillo while she was married, which resulted in a child. Obusan then married Preciosa Razon but left her after over a year to live with Estabillo. Preciosa filed a disbarment case against Obusan for gross immorality and adultery. Evidence was presented that Obusan and Estabillo presented themselves as husband and wife. Obusan failed to file any responsive pleadings. The court ruled Obusan should be disbarred for failing to maintain the high morality expected of attorneys.

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202 views2 pages

Disbarment for Gross Immorality

This case digest summarizes a disbarment case from 1984. Generoso Obusan Jr. had a relationship with Natividad Estabillo while she was married, which resulted in a child. Obusan then married Preciosa Razon but left her after over a year to live with Estabillo. Preciosa filed a disbarment case against Obusan for gross immorality and adultery. Evidence was presented that Obusan and Estabillo presented themselves as husband and wife. Obusan failed to file any responsive pleadings. The court ruled Obusan should be disbarred for failing to maintain the high morality expected of attorneys.

Uploaded by

Leopoldo, Jr. Blanco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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(Case Digest #4)

PRECIOSA R. OBUSAN, complainant


vs.
GENEROSO B. OBUSAN, JR., respondent
A.C. No. 1392
April 2, 1984

AQUINO, J.:

FACTS:

Atty. Generoso Obusan Jr., then single, had a relationship with one Natividad Estabillo. In 1972, Estabillo begot a son
with Obusan. Obusan later found out that Estabillo was at the time still validly married with one Tony Garcia. Four
days after the birth of his son with Estabillo, Obusan married Preciosa Razon. The couple lived more than a year
together until one day when Obusan left the conjugal home and never returned.

Preciosa searched for Obusan until she found out that the latter has been living with Natividad Estabillo. Preciosa then
filed a disbarment case against Obusan on the grounds of gross immorality and adultery. Preciosa presented the
testimonies of the neighbors of Estabillo who all testified that Estabillo and Obusan presented themselves as husband
and wife in their community.

ISSUE:

WON Obusan should be disbarred.

RULING:

Yes. Obusan failed to counter the evidence presented by his wife. He even failed to file responsive pleadings. Hence, on
the strength of the evidence against him, he is guilty of grossly immoral conduct. Abandoning one’s wife and resuming
carnal relations with a former paramour, a married woman, falls within “that conducts which is wilful, flagrant, or
shameless, and which shows a moral indifference to the opinion of the good and respectable members of the
community”. He failed to maintain the highest degree of morality expected and required of a member of the bar.

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