106 SCRA 591 – Legal Ethics – Gross Immoral Conduct

In 1970, when Maniwang was still a law student, he had a relationship with Arciga, then a
medical technology student. They started having a sexual relationship in 1971. In 1973, Arciga
got pregnant. The two then went to Arciga’s hometown to tell the latter’s parent about the
pregnancy. They also made Arciga’s parents believe that they were already married but they
would have to have the church wedding in abeyance until Maniwang passes the bar exams.
Maniwang secured a copy of his birth certificate in preparation of securing a marriage license.
In 1975, Maniwang passed the bar. But after his oath taking, he stopped communicating with
Arciga. Arciga located his whereabouts and there she found out that Maniwang married another
woman. Arciga confronted Maniwang’s wife and this irked Maniwang so he inflicted physical
injuries against Arciga.
Arciga then filed a disbarment case against Maniwang grounded on gross immoral conduct.
Maniwang admitted that he is the father of Arciga’s child; that he did promise to marry Arciga
many times; that he broke those promises because of Arciga’s shady past because apparently
Arciga had an illegitimate child even before her son with Maniwang was born.

ISSUE: Whether or not Maniwang should be disbarred.

HELD: No. The Supreme Court ruled that Maniwang’s case is different from the cases of Mortel
vs Aspiras and Almirez vs Lopez, and other cases therein cited. Maniwang’s refusal to marry
Arciga was not so corrupt nor unprincipled as to warrant disbarment (though not much
discussion was provided by the ponente as to why). But the Supreme Court did say that it is
difficult to state with precision and to fix an inflexible standard as to what is “grossly immoral
conduct” or to specify the moral delinquency and obliquity which render a lawyer unworthy of
continuing as a member of the bar. The rule implies that what appears to be unconventional
behavior to the straight-laced may not be the immoral conduct that warrants disbarment. Immoral
conduct has been defined as “that conduct which is willful, flagrant, or shameless, and which
shows a moral indifference to the opinion of the good and respectable members of the
community”.