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    Obusan Vs Obusan

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    Nadin Marie Casipong
    Generoso Obusan Jr. had a relationship with Natividad Estabillo prior to marrying his wife Preciosa. He had a child with Natividad. After marrying Preciosa, Generoso abandoned her and went to live with Natividad and presented themselves as husband and wife. Witnesses corroborated that Generoso lived with and cohabited with Natividad. The court ruled that Generoso committed gross immoral conduct by abandoning his wife Preciosa and resuming his relationship with Natividad, disbarring him from practicing law for failing to maintain the high morality expected of attorneys.

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    Obusan Vs Obusan

    Uploaded by

    Nadin Marie Casipong
    628 views2 pages
    Generoso Obusan Jr. had a relationship with Natividad Estabillo prior to marrying his wife Preciosa. He had a child with Natividad. After marrying Preciosa, Generoso abandoned her and went to live with Natividad and presented themselves as husband and wife. Witnesses corroborated that Generoso lived with and cohabited with Natividad. The court ruled that Generoso committed gross immoral conduct by abandoning his wife Preciosa and resuming his relationship with Natividad, disbarring him from practicing law for failing to maintain the high morality expected of attorneys.

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    Obusan vs Obusan

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    Generoso Obusan Jr. had a relationship with Natividad Estabillo prior to marrying his wife Preciosa. He had a child with Natividad. After marrying Preciosa, Generoso abandoned her and went to live with Natividad and presented themselves as husband and wife. Witnesses corroborated that Generoso lived with and cohabited with Natividad. The court ruled that Generoso committed gross immoral conduct by abandoning his wife Preciosa and resuming his relationship with Natividad, disbarring him from practicing law for failing to maintain the high morality expected of attorneys.

    Copyright:

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

    Obusan Vs Obusan

    Uploaded by

    Nadin Marie Casipong
    Generoso Obusan Jr. had a relationship with Natividad Estabillo prior to marrying his wife Preciosa. He had a child with Natividad. After marrying Preciosa, Generoso abandoned her and went to live with Natividad and presented themselves as husband and wife. Witnesses corroborated that Generoso lived with and cohabited with Natividad. The court ruled that Generoso committed gross immoral conduct by abandoning his wife Preciosa and resuming his relationship with Natividad, disbarring him from practicing law for failing to maintain the high morality expected of attorneys.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Obusan vs. Obusan Jr.

    A.M. Case No. 1392


    April 2, 1984
    FACTS: In 1967, respondent Atty. Generoso B. Obusan Jr. was working in the People’s
    Homesite and Housing Corporation where he met Natividad Estabillo, who represented
    to him that she was a widow. They had carnal relations and she bore him a son on
    November 27, 1972. Later on, Generoso learned that Natividad’s marriage to Tony Garcia
    was still subsisting.

    On December 01, 1972, Generoso married Preciosa in a civil ceremony and again in a
    religious ceremony on December 30, 1972. They lived with Preciosa’s mother at Tondo,
    Manila for more than a year. In the evening of April 13, 1974, when his wife was out of
    the house, Generoso asked permission from his mother-in-law to leave the house and
    take a vacation in his hometown in Camarines Norte. Since then, he never returned to
    the conjugal abode.

    Preciosa immediately started looking for her husband and eventually found him living and
    cohabiting with Natividad as husband and wife in an apartment in Cubao, Quezon City.
    This was corroborated by their housemaid, a laundress, a plumber, and their neighbors.

    Respondent’s defense was that his relationship with Natividad was terminated when he
    married Preciosa. He admitted that he went to Quezon City only for the purpose of giving
    financial assistance to his son. He also denied the testimonies of the maid, the laundress,
    and the plumber and claimed that they were paid witnesses. He added that he did not live
    with Natividad but instead lived with his sister who is also in Quezon City.

    Respondent also claimed that he was constrained to leave the conjugal home because
    he could not endure the nagging of his wife, their violent quarrels, her absences from the
    conjugal home, and her interference with his professional obligations.

    ISSUE: Whether or not respondent committed gross immoral conduct.

    RULING: The case was investigated by the Office of the Solicitor General. After an
    examination of the record, it was found that the complainant has sustained the burden of
    proof. She has proven his abandonment of her and his adulterous relations with a married
    woman separated from her own husband.

    Respondent was not able to overcome the evidence of his wife that he was guilty of
    grossly immoral conduct. Abandoning one's wife and resuming carnal relations with a
    former paramour, a married woman, fails within "that conduct which is willful, flagrant, or
    shameless, and which shows a moral indifference to the opinion of the good and
    respectable members of the community".
    Thus, a lawyer was disbarred when he abandoned his lawful wife and cohabited with
    another woman who had borne him a child. He failed to maintain the highest degree of
    morality expected and required of a member of the bar.

    WHEREFORE, respondent is disbarred. His name is stricken off the Roll of Attorneys.

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