ΥΛΑΝ∆Υ ΥΛΑΝ∆ Υ
EN BANC [A.C. No. 1474. January 28, 2000]
CRISTINO G. CALUB, complainant, vs. ATTY. ARBRAA! A. SULL" SULL"R, R, vs . ATTY. respondents.. respondents R"SOLUTION PER CURIAM #
What is before the Court is a complaint for disbarment against respondent premised on grossly immoral conduct for having raped his neighbor's ne ighbor's wife. In the morning of anuary !"# $%&# while complainant co mplainant was away# respondent responden t Atty. Atty. Abraham Abraham A. (uller went to the complainant's abode in Aringay# )a *nion ostensibly to borrow a blade. As the respondent was a friend of the family and a neighbor# the complainant's wife let him in. +hereafter# respondent began touching her h er in different parts of her body. When she protested# respondent threatened her and forced her to have se,ual intercourse with him. At that moment# complainant returned home to get money mone y to pay for real estate ta,es. When he entered the house# he saw his wife and respondent having se,ual intercourse on the bed.$-$ (he was /ic/ing respondent with one foot while the latter pressed on her arms and other leg# preventing her from defending herself. 0n anuary !1# $%&# complainant filed with the 2unicipal Court# Aringay# Aringay# )a *nion a criminal ! complaint -! for rape against respondent. +he case was later remanded to the Court of 3irst Instance# Agoo# )a *nion. 0n une 1# $%&# Cristino 4. Calub filed with the (upreme Court the instant co mplaint for disbarment against respondent Atty. Abraham A. (uller .1-1 0n une $5# $%&# the Court re6uired respondent to file an answer within ten 7$"8 days from notice.9-9 1[1] TSN, March 19,1975, pp. 1-23 in Criminal Case No. A-42. 2[2] Criminal Case No.1!!! "M#nicipal Co#r$%, $hen i$ &as 'oc(e$e' as Criminal Case No. A-42 a)$er i$ &as reman'e' $o $he Co#r$ o) *irs$ +ns$ance, Rollo, ol. +, p. 3. 3[3]
Rollo.
ol. +. pp. 1-2.
0n uly $9# $%&# respondent filed his answer. :e denied the accusation as a fabrication.- 0n uly !$# $%&# the Court referred the case to the (olicitor 4eneral for investigation# report# and recommendation.5-5 3rom $%& until $%&;# the 0ffice of the (olicitor 4eneral conducted hearings where both parties appeared with their respective counsel. In a petition filed on November 5# $%&;# respondent prayed for the suspension of proceedings pending final termination of Criminal Case No. A<9!" pending with the Court of 3irst Instance# )a *nion# Branch 1# Agoo.&-& 0n =ecember $$# $%&;# the Court referred the p etition to the (olicitor 4eneral# the case having been referred to him previously.;-; In $%%$# the investigation of the case was transferred to the Committee on Bar =iscipline# Integrated Bar of the >hilippines. 0n August !;# $%%$ the latter sent notice of hearings to both parties.%-% 0n anuary !1# $%%!# the Committee issued an order terminating the proceedings and considering the case submitted for resolution as notice to co mplainant remained unserved while respondent failed to appear despite due notice.$"-$" 0n 2arch 1# $%%1# the Board of 4overnors# Integrated Bar of the >hilippines issued a resolution recommending that the disciplinary penalty of suspension from the practice of law for a period of one 7$8 year be meted on respondent.$$-$$
4[4]
Rollo,
ol. 1, p. 9.
5[5]
Rollo,
ol. 1, pp.1-11.
[]
Rollo,
ol. +, p. 13.
7[7]
Rollo,
ol. ++, pp. 1-2.
![!]
Rollo,
ol. ++, p. 5.
9[9]
Rollo,
ol. +++, p. 1.
1[1]
Rollo,
ol. +++, p. 2.
11[11] Rollo, ol. +++, p. 5-11.
+he record discloses that the Court of 3irst Instance ac6uitted responden t (uller for failure of the prosecution to prove his guilt beyond reasonable doubt. (uch ac6uittal# however# is not determinative of this administrative case. +he testimonies of witnesses in the criminal complaint# particularly that of the complainant suffice to show that respondent acted in a grossly reprehensible manner in having carnal /nowledge of his neighbor's wife without her consent in her very home. ?A lawyer may be disbarred or suspended for misconduct# whether in his professional or private capacity# which shows him to be wanting in moral character# in honesty# probity and good demeanor or unworthy to continue as an officer of the court.?$!-$! In this case# we find that suspension for one year recommended by the Integrated Bar of the >hilippines is not sufficient punishment for the immoral act of respondent. +he rape of his neighbor's wife constituted serious moral depravity even if his guilt was not proved beyond reasonable doubt in the criminal prosecution for rape. :e is not worthy to remain a member of the bar. +he privilege to practice law is bestowed upon individuals who are co mpetent intellectually# academically and# e6ually important# morally.$1-$1 ?4ood moral character is not only a condition precedent to admission to the legal profession# but it must also be po ssessed at all times in order to maintain one's good standing in that e,clusive and honored fraternity.?$9-$9 $"R"%OR"# respondent Abraham A. (uller is =I(BA@@E= from the practise of law. )et his name be stric/en off the @oll of Attorneys. SO OR&"R"&.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena, Gonzaga-e!es, "nares-#antiago, and De $eon, Jr., JJ., %on%ur.&'()'** ((+& M
12[12] Malisa vs. Ca/an$in, 272 SC0A 4!, 414 "1997% Miares SC0A 1 "1997% 13[13] 0es#rreccion 14[14] ocena
vs.
vs.
Sason, 3 SC0A 129, 137 "199!%
6imon, 295 SC0A 22, 25-2 "199!%
vs.
illal#, 274
