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    Samaneigo V Ferrer

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    Sachuzen
    This document summarizes a case brought before the Integrated Bar of the Philippines regarding attorney Andrew Ferrer. Marjorie Samaniego accused Ferrer of immorality, abandonment, and refusing to support their daughter. Samaniego and Ferrer had an intimate relationship while he was her attorney that resulted in the birth of their daughter. The IBP suspended Ferrer from practice for six months for refusing to support his daughter. Ferrer appealed the penalty. While the court acknowledged Ferrer did not abandon his daughter, they found his extramarital affair showed a lack of morality as an attorney and upheld the six month suspension.

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    Samaneigo V Ferrer

    Uploaded by

    Sachuzen
    38 views2 pages
    This document summarizes a case brought before the Integrated Bar of the Philippines regarding attorney Andrew Ferrer. Marjorie Samaniego accused Ferrer of immorality, abandonment, and refusing to support their daughter. Samaniego and Ferrer had an intimate relationship while he was her attorney that resulted in the birth of their daughter. The IBP suspended Ferrer from practice for six months for refusing to support his daughter. Ferrer appealed the penalty. While the court acknowledged Ferrer did not abandon his daughter, they found his extramarital affair showed a lack of morality as an attorney and upheld the six month suspension.

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    Legal Ethics Case Digest

    Original Title

    Samaneigo v Ferrer

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    This document summarizes a case brought before the Integrated Bar of the Philippines regarding attorney Andrew Ferrer. Marjorie Samaniego accused Ferrer of immorality, abandonment, and refusing to support their daughter. Samaniego and Ferrer had an intimate relationship while he was her attorney that resulted in the birth of their daughter. The IBP suspended Ferrer from practice for six months for refusing to support his daughter. Ferrer appealed the penalty. While the court acknowledged Ferrer did not abandon his daughter, they found his extramarital affair showed a lack of morality as an attorney and upheld the six month suspension.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    38 views2 pages

    Samaneigo V Ferrer

    Uploaded by

    Sachuzen
    This document summarizes a case brought before the Integrated Bar of the Philippines regarding attorney Andrew Ferrer. Marjorie Samaniego accused Ferrer of immorality, abandonment, and refusing to support their daughter. Samaniego and Ferrer had an intimate relationship while he was her attorney that resulted in the birth of their daughter. The IBP suspended Ferrer from practice for six months for refusing to support his daughter. Ferrer appealed the penalty. While the court acknowledged Ferrer did not abandon his daughter, they found his extramarital affair showed a lack of morality as an attorney and upheld the six month suspension.

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    A.C. No.

    7022 June 18, 2008


    MARJORIE F. SAMANIEGO, complainant, vs.
    ATTY. ANDREW V. FERRER, respondent.
    Facts:
    For resolution is the Complaint of Marjorie F. Samaniego against
    respondent Atty. Andrew V. Ferrer for immorality, abandonment and
    willful refusal to give support to their daughter, filed before the
    Integrated Bar of the Philippines (IBP).
    Early in 1996, Ms. Samaniego was referred to Atty. Ferrer as a potential
    client. Atty. Ferrer agreed to handle her cases and soon their lawyerclient relationship became intimate. Ms. Samaniego said Atty. Ferrer
    courted her and she fell in love with him. He said she flirted with him
    and he succumbed to her temptations. Thereafter, they lived together
    as "husband and wife" from 1996 to 1997, and on March 12, 1997,
    their daughter was born. The affair ended in 2000 and since then he
    failed to give support to their daughter.
    n Resolution No. XVII2005138 dated November 12, 2005, the IBP Board
    of Governors adopted the report and recommendation of the
    Investigating Commissioner, and imposed upon Atty. Ferrer the penalty
    of six (6) months suspension from the practice of law for his refusal to
    support his daughter with Ms. Samaniego. The IBP also admonished
    him to be a more responsible member of the bar and to keep in mind
    his duties as a father.
    Atty. Ferrer filed a Motion for Reconsideration with prayer for us to
    reduce the penalty.
    Upon finding that Atty. Ferrer lacked the degree of morality required of
    a member of the bar for his illicit affair with Ms. Samaniego, with whom
    he sired a child while he was lawfully married and with 10 children, the
    Office of the Bar Confidant recommended that we affirm Resolution No.
    XVII2005138 and deny the prayer for reduced penalty.
    Issue:
    WON Atty. Ferrer is guilty of gross
    suspended.

    immorality and should be

    Ruling:
    We agree with the IBP on Atty. Ferrer's failure to give support to his
    daughter with Ms. Samaniego. We also agree with the Office of the Bar

    Confidant that Atty. Ferrer's affair with Ms. Samaniego showed his lack
    of good moral character as a member of the bar. We dismiss, however,
    Ms. Samaniego's charge of abandonment since Atty. Ferrer did not
    abandon them. He returned to his family.
    Atty. Ferrer admitted his extramarital 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. The penalty for such immoral conduct is disbarment, or
    indefinite or definite suspension, depending on the circumstances of
    the case. Recently, in Ferancullo v. Ferancullo, Jr., 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.
    In this case, we find no similar aggravating circumstances. Thus we
    find the penalty recommended by the IBP and Office of the Bar
    Confidant as adequate sanction for the grossly immoral conduct of
    respondent.
    Needless to state, respondent ought always to keep in mind the
    responsibilities of a father to all his children. If there be a resultant
    hardship on them because of this case, let it be impressed on all
    concerned that the direct cause thereof was his own misconduct.
    WHEREFORE, we find respondent Atty. Andrew V. Ferrer GUILTY of gross
    immorality and, as recommended by the Integrated Bar of the
    Philippines and the Office of the Bar Confidant, SUSPEND him from the
    practice of law for six (6) months effective upon notice hereof, with
    WARNING that the same or similar act in the future will be dealt with
    more severely.

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