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JOSELANO GUEVARRA, complainant, vs. ATTY.
JOSE EMMANUEL EALA,
respondent
Section 5. Defenses. Defenses may either be negative or affirmative.
(a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action.
(b) An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance. (5a)
a denial pregnant with the admission of the substantial facts in the pleading responded to which are not squarely denied.
It was in effect an admission of the averments it was directed at. Stated otherwise, a negative pregnant is a form of negative expression which carries with it in affirmation or at least an implication of some kind favorable to the adverse party. It is a denial pregnant with an admission of the substantial facts alleged in the pleading.
Joselano Guevarra (complainant) filed on March 4, 2002 a Complaint for
Disbarment1 before the Integrated Bar of the Philippines (IBP) Committee on Bar Discipline (CBD) against Atty. Jose Emmanuel M. Eala a.k.a. Noli Eala (respondent) for grossly immoral conduct and unmitigated violation of the lawyers oath.
In his complaint, Guevarra gave the following account:
He first met respondent in January 2000 when his (complainants) thenfiancee Irene Moje (Irene) introduced respondent to him as her friend who was married to Marianne (sometimes spelled Mary Ann) Tantoco with whom he had three children.
Complainant noticed that from January to March 2001, Irene had been receiving from respondent cellphone calls, as well as messages some of which read I love you, I miss you, or Meet you at Megamall.
Complainant also noticed that Irene habitually went home very late at night or early in the morning of the following day, and sometimes did not go home from work. When he asked about her whereabouts, she replied that she slept at her parents house in Binangonan, Rizal or she was busy with her work.
In February or March 2001, complainant saw Irene and respondent together on
two occasions. On the second occasion, he confronted them following which Irene abandoned the conjugal house. On April 22, 2001, complainant went uninvited to Irenes birthday celebration at which he saw her and respondent celebrating with her family and friends. Out of embarrassment, anger and humiliation, he left the venue immediately. Following that incident, Irene went to the conjugal house and hauled off all her personal belongings, pieces of furniture, and her share of the household appliances.
Complainant later found, in the masters bedroom, a folded social card bearing the words I Love You on its face, which card when unfolded contained a handwritten letter dated October 7, 2000, the day of his wedding to Irene
Complainant soon saw respondents car and that of Irene constantly parked at No. 71B 11th Street, New Manila where, as he was to later learn sometime in April 2001, Irene was already residing. He also learned still later that when his friends saw Irene on or about January 18, 2002 together with respondent during a concert, she was pregnant.
Respondent specifically answered the complaint of Guevarra but the manner of
answering was in the negative pregnant as observed by the Court:
From respondents ANSWER, he does not deny carrying on an adulterous relationship
with Irene what respondent denies is having flaunted such relationship, he maintaining that it was low profile and known only to the immediate members of their respective families.
In other words, respondents denial is a negative pregnant, a denial pregnant with the admission of the substantial facts in the pleading responded to which are not squarely denied.
It was in effect an admission of the averments it was directed at. Stated otherwise, a negative pregnant is a form of negative expression which carries with it in affirmation or at least an implication of some kind favorable to the adverse party. It is a denial pregnant with an admission of the substantial facts alleged in the pleading.
Without doubt, the adulterous relationship between respondent and Irene has been sufficiently proven by more than clearly preponderant evidencethat evidence adduced by one party which is more conclusive and credible than that of the other party and, therefore, has greater weight than the other which is the quantum of evidence needed in an administrative case against a lawyer. Administrative cases against lawyers belong to a class of their own. They are distinct from and they may proceed independently of civil and criminal cases. . . . of proof for these types of cases differ. In a criminal case, proof beyond reasonable doubt is necessary in an administrative case for disbarment or suspension, clearly preponderant evidence is all that is required.
