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AILEEN A. FERANCULLO v. ATTY. SANCHO M. FERANCULLO

This case has been cited 4 times or more.

2015-11-16
PER CURIAM
The penalty for maintaining an illicit relationship may either be suspension or disbarment, depending on the circumstances of the case.[29] In case of suspension, the period would range from one year[30] to indefinite suspension, as in the case of Cordova v. Cordova,[31] where the lawyer was found to have maintained an adulterous relationship for two years and refused to support his family. On the other hand, there is a string of cases where the Court meted out the extreme penalty of disbarment, to wit: In Toledo v. Toledo,[32] a lawyer was disbarred from the practice of law, when he abandoned his lawful wife and cohabited with another woman who had borne him a child.
2014-01-14
PER CURIAM
Court to exercise its disciplinary powers, the case against the respondent must be established by clear, convincing and satisfactory proof. Considering the serious consequence of the disbarment or suspension of a member of the Bar, this Court has consistently held that clear preponderant evidence is necessary to justify the imposition of the administrative penalty.[23] In the instant case, there is a preponderance of evidence that respondent contracted a second marriage despite the existence of his first marriage. The first marriage, as evidenced by the certified xerox copy of the Certificate of Marriage issued on October 3, 2001 by the
2008-10-07
PUNO, CJ.
Substantial evidence has been defined as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.[95]
2008-06-18
QUISUMBING, J.
Atty. Ferrer admitted his extra-marital affair; in his words, his indiscretion which ended in 2000. We have considered such illicit relation as a disgraceful and immoral conduct subject to disciplinary action.[15] The penalty for such immoral conduct is disbarment,[16] or indefinite[17] or definite[18] suspension, depending on the circumstances of the case. Recently, in Ferancullo v. Ferancullo, Jr.,[19] we ruled that suspension from the practice of law for two years was an adequate penalty imposed on the lawyer who was found guilty of gross immorality. In said case, we considered the absence of aggravating circumstances such as an adulterous relationship coupled with refusal to support his family; or maintaining illicit relationships with at least two women during the subsistence of his marriage; or abandoning his legal wife and cohabiting with other women.[20]