Professional Documents
Culture Documents
1.
L e s l i e U i v s . A t t y. I r i s
AC#3319 June 8, 2000
Bonifacio
FACTS:
Leslie Ui and Carlos Ui were married on January 1971. On June 1988, Leslie
confronted the respondent Atty. Iris Bonifacio for the illicit affair. Respondent
admitted the relationship and said that she will cut off the said relationship.
On December 1988 Carlos and Iris had a second child. On March 1989
complainant pleaded to respondent to stop their illicit relationship. On Atty.
Iris side, she asserts that she had no knowledge of Carlos previous
marriage. Carlos Ui was the one who represented himself as single during
their courtship. She submitted her Certificate of marriage dated Oct. 1985 to
court. Upon the courts investigation it was found out that the marriage was
in fact on Oct 1987.In the case at bar, it is the claim of respondent Atty.
Bonifacio that when she met Carlos Ui, she knew and believed him to be
single. Respondent fell in love with him and they got married and as a result
of such marriage, she gave birth to two (2)children. Upon her knowledge of
the true civil status of Carlos Ui, she left him
ISSUE:
Whether or not Atty. Iris Bonifacio is guilty of gross immoral conduct as
aground for disbarment
RULING:
RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED,
the Report and Recommendation of the Investigating Commissioner in the
above-entitled case, herein made part of this Resolution/Decision as Annex
"A", and, finding the recommendation fully supported by the evidence on
record and the applicable laws and rules, the complaint for Gross Immorality
against Respondent is DISMISSED for lack of merit. Atty. Iris Bonifacio is
REPRIMANDED for knowingly and willfully attaching to her Answer a falsified
Certificate of Marriage with a stern warning that a repetition of the same will
merit a more severe penalty.
2. IN RE CUNANAN [94 Phil 534; Resolution; 18 Mar 1954]
Facts:
Congress passed Republic Act Number 972, commonly known as the Bar
Flunkers Act of 1953. In accordance with the said law, the Supreme Court
then passed and admitted to the bar those candidates who had obtained an
average of 72 per cent by raising it to 75 percent.
After its approval, many of the unsuccessful postwar candidates filed
petitions for admission to the bar invoking its provisions, while other motions
for the revision of their examination papers were still pending also invoked
the aforesaid law as an additional ground for admission. There are also
others who have sought simply the reconsideration of their grades without,
however, invoking the law in question. To avoid injustice to individual
petitioners, the court first reviewed the motions for reconsideration,
irrespective of whether or not they had invoked Republic Act No. 972.
Issue: Whether or Not RA No. 972 is constitutional and valid.
Held:
RA No. 972 has for its object, according to its author, to admit to the Bar,
those candidates who suffered from insufficiency of reading materials and
inadequate preparation.
In the judicial system from which ours has been evolved, the admission,
suspension, disbarment and reinstatement of attorneys at law in the practice
of the profession and their supervision have been indisputably a judicial
function and responsibility. We have said that in the judicial system from
which ours has been derived, the admission, suspension, disbarment or
reinstatement of attorneys at law in the practice of the profession is
concededly judicial.
On this matter, there is certainly a clear distinction between the functions of
the judicial and legislative departments of the government.
It is obvious, therefore, that the ultimate power to grant license for the
practice of law belongs exclusively to this Court, and the law passed by
Congress on the matter is of permissive character, or as other authorities
may say, merely to fix the minimum conditions for the license.
Republic Act Number 972 is held to be unconstitutional.
Held:
Atty. Ziga, on his part, is not culpable. The fact that Amalia and
Angelina Bon are both high school graduates, while Teresa Bon is a college
graduate makes it difficult to believe that they were deceived into thinking
that the contents of the Waiver and Quitclaim, which is plainly worded, were
other than what they themselves could have easily ascertained from a
reading of the document. The complaintagainst him is thus, dismissed for
lack of merit.