JOVITA BUSTAMANTE-ALEJANDRO vs. ATTYS. WARFREDO TOMAS ALEJANDRO and MARICRIS A. VILLARIN [A.C. No. 4256. February 13, 2004]

FACTS:

            Complainant is the wife of the respondent Atty. Alejandro. Respondent abandoned her and their children live with his mistress, respondent Atty. Ma. Cristina Arrieta Villarin. Since then, respondents have been publicly representing themselves as husband and wife. They consequently had a child named Paolo Villarin Alejandro.  Complainant filed this administrative complaint when she learned that her husband has been nominated as a regional trial court judge.  She insists that he is not fit to be a judge considering that he, and co-respondent Atty. Villarin, do not even possess the basic integrity to remain as members of the Philippine Bar.

ISSUE:  Whether or not Atty. Alejandro may be disbarred.

HELD:

            YES. Rule 1.01, Canon 1 of the Code of Professional Responsibility provides that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

        Thus we have in a number of cases disciplined members of the Bar whom we found guilty of misconduct which demonstrated a lack of that good moral character required of them not only as a condition precedent for their admission to the Bar but, likewise, for their continued membership therein.  No distinction has been made as to whether the misconduct was committed in the lawyer’s professional capacity or in his private life.  This is because a lawyer may not divide his personality so as to be an attorney at one time and a mere citizen at another. He is expected to be competent, honorable and reliable at all times since he who cannot apply and abide by the laws in his private affairs, can hardly be expected to do so in his professional dealings nor lead others in doing so.  Professional honesty and honor are not to be expected as the accompaniment of dishonesty and dishonor in other relations. The administration of justice, in which the lawyer plays an important role being an officer of the court, demands a high degree of intellectual and moral competency on his part so that the courts and clients may rightly repose confidence in him.