Figueroa Vs Barranco
Figueroa Vs Barranco
SIMEON BARRANCO
SBC CASE NO. 519, July 31, 1999, EN BANC, (Romero, J.)
FACTS:
Patricia Figueroa and Simeon Barranco were teenage sweethearts. Their intimacy led to
the birth of their son in 1964. Thereafter, Barranco made several promises of marriage to
Figueroa after he passes the Bar examinations. After 3 failed attempts, Barranco finally passed
the 1970 Bar examinations. However, his relationship with Figueroa ended when he married
another woman. In view of this Figueroa filed a petition in 1971 to deny Barrancos admission to
the legal profession.
On September 29, 1988, the Court resolved to dismiss the complaint for failure of
complainant to prosecute the case for an unreasonable period of time and to allow Barranco to
take the lawyers oath upon payment of the required fees. However, the Court, in response to
complainants opposition, resolved to cancel his scheduled oath-taking and referred the case to
the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation. The
IBPs report dated May 17, 1997 recommended the dismissal of the case and that respondent be
allowed to take the lawyers oath.
ISSUE:
Whether or not Barranco should be allowed to take his oath despite the accusations of
Figueroa?
HELD:
We find that these facts do not constitute gross immorality warranting the permanent
exclusion of respondent from the legal profession. His engagement in premarital sexual relations
with complainant and promises to marry suggests a doubtful moral character on his part but the
same does not constitute grossly immoral conduct. The Court held that to justify suspension or
disbarment the act complained of must not only be immoral, but grossly immoral.
We find the ruling in Arciga v. Maniwang quite relevant because mere intimacy between
a man and a woman, both of whom possess no impediment to marry, voluntarily carried on and
devoid of any deceit on the part of respondent, is neither so corrupt nor so unprincipled as to
warrant the imposition of disciplinary sanction against him, even if as a result of such
relationship a child was born out of wedlock.