A.C. No. 13615 (Formerly CBD Case No. 11-3166) - JULIEWHYN R. QUINDOZA, COMPLAINANT, VS. ATTY. ERNESTO DAVID DELOS SANTOS* AND ATTY. MARUJITA S. PALABRICA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE PREMISES CONSIDERED, it is respectfully recommended that respondent Atty. Ernesto de los Santos be SUSPENDED from the practice of law for a period of TWO (2) YEARS while DISMISSING the complaint as regards Atty. Palabrica for lack of merit. [16] On December 13, 2014, the IBP Board of Governors passed Resolution No. XXI-2014-890, [17] the dispositive portion of which provides: RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, with modification, the Report and Recommendation of the Investigating Commissioner in the above-entitled case, herein made part of this Resolution as Annex "A", and finding Respondent's act of cohabiting with Fe Delilah while his marriage with Editha is still subsisting, which relationship is adulterous and grossly immoral, in violation of Canon 1, Rule 1.01 of the Code of Professional Responsibility, Atty. Ernesto David Delos Santos is hereby DISBARRED from the practice of law and his name Ordered stricken off from the Roll of Attorneys. However, the case against Atty. Marujita S. Palabrica is DISMISSED for lack of merit. [18] (Emphasis omitted) Upon Atty. Delos Santos's motion for reconsideration, the IBP Board of Governors issued a Resolution [19] dated November 28, 2017, which states: RESOLVED to PARTIALLY GRANT the Respondent's Motion for Reconsideration by reducing the recommendation of Disbarment to SUSPENSION from the practice of law for five (5) years considering that: (1) the timeline of twenty three (23) years before this administrative complaint was filed (2) first marriage may had been legal but it was a non­-existent marriage (3) complainant and respondent's child was fully taken care of by Respondent (4) for humanitarian consideration considering the age of respondent, and; (5) respondent was remorseful for his actions. RESOLVED FURTHER to direct the Commission to prepare an extended resolution explaining the Board of Governors' action. [20] (Emphasis omitted) Subsequently, the IBP Board of Governor's Resolution and case records were forwarded to this Court. The Code of Professional Responsibility requires all lawyers to possess good moral character from the time of their application for admission to the Bar, during and until their retirement from the practice of law. [21] In this regard, Canon 1, Rule 1.01, and Canon 7 and Rule 7.03 of the Code of Professional Responsibility state: CANON 1 A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes. Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. x x x x CANON 7 A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the Integrated Bar. x x x x Rule 7.03 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. As