8/18/2019 ETHICS 46 Canon13 30Apr1963 RoyongvOblena

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 JOSEFINA ROYONG vs. ATTY. ARISTON OBLENAG.R. No. 376, April 30, 1963, J. Barrera

The nature of the oce, the trust relation which exists between attorney andclient, as well as between court and attorney, and the statutory rule prescribing thequalications of attorneys, uniformly require that an attorney be a person of good

moral character. If that qualication is a condition precedent to a license or  privilege to enter upon the practice of the law, it would seem to be equally essentialduring the continuance of the practice and the exercise of the privilege. So it is heldthat an attorney will be removed not only for malpractice and dishonesty in his

 profession, but also for gross misconduct not connected with his professionalduties, which shows him to be unt for the oce and unworthy of the privilegeswhich his license and the law confer upon him.

Fac!"

 Josefna Royong charged Atty. Ariston Oblena, a member o the bar and

bench, with rape. The Solicitor General immediately conducted an inestigation and

ound out that there was no rape and that the carnal !nowledge between the

parties seems to be consensual se". #n iew o his own fndings as a result o his

inestigation, that een i Atty. Oblena did not commit the alleged rape,

neertheless, he was guilty o other misconduct. The Solicitor General made

another complaint charging the respondent o alsely and deliberately alleging in his

application or admission to the bar that he is a person o good moral character, o 

liing adulterously with $riccia Angeles at the same time maintaining illicit relations

with the %& year old Josefna Royong. Thus, rendering him unft to practice law,

praying or the permanent remoal o Atty. Oblena as lawyer and 'udge.

I!!#e"

(O) Atty. Oblena*s illicit relations with Royong and his open cohabitationwith $riccia Angeles, a married woman, are grounds to cause his disbarment.

R#li$%"

 Ye!.  The tendency o the decisions o the Supreme +ourt S+- has been

toward the conclusion that a member o the bar may be remoed or suspended

rom oce as a lawyer or other than statutory grounds. #ndeed, the rule is so

phrased as to be broad enough to coer practically any misconduct o a lawyer. #n

the case at bar, the moral depraity o Atty. Oblena is most apparent. /is pretension

that beore Royong completed her eighteenth birthday, he rerained rom haing

se"ual intercourse with her, so as not to incur criminal liability, as he himsel 

8/18/2019 ETHICS 46 Canon13 30Apr1963 RoyongvOblena

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