REPUBLIC OF THE PHILIPPINES Integrated Bar of the Philippines SUPREME COURT En Banc MANILA

Atty. Esmael Esguerra and Atty. Carlo Magbanwa Respondents,

-versus-

A.C. No. 0999 For: Disbarment

Anastasia Gomez- Esguerra Petitioner X-----------------------------------------------------------X

JOINT ANSWER

Respondents through counsels respectfully state that:

1. Respondent Esmael E. Esguerra is a presiding judge of the RTC Manila. Atty. Esguerra was married to petitioner Anastasia Gomez- Esguerra on March 14, 2004 and they are currently residing at Lot 1 Phase1 Anonas St., Sta. Ursula, Calumpang, Binangonan, Rizal. Marriage contract on Annex 1. 2. Respondent Carlo S. Magbanwa is a private lawyer at Katarungan Law Offices, 33rd floor Enterprise Center Tower 1, cor. Ayala Ave. and Paseo de Roxas Ave., Makati City and was married to Nathalie De Guzman- Magbanwa on July 6, 2004. The couple is currently residing at 369 Quintos St., Sampaloc, Manila. Marriage contract on Annex 2.

3. Respondents Atty. Esmael Esguerra and Atty. Carlo Magbanwa are the accused in the A.C. No.0999 for DISBARMENT for GROSSLY IMMORAL CONDUCT under Sec. 27, Rule 138 of the Revised Rules of Court.

4. Respondents deny the allegations that they have any kind of romantic relationship.

5. Respondents Atty. Esmael Esguerra and Atty. Carlo Magbanwa are best friends for a long time since their college lives. Pictures of respondents on Annex 3.

6. Respondents admit the allegations of petitioner on paragraph B) where it says that respondent Magbanwa sent text messages saying how he misses petitioners husband. Respondent Esguerra also admits going home late the day after he received the text messages from Magbanwa, to wit: on August 6, 2006, Esmael Esguerra, received several messages from his friend, Carlo Magbanwa which he wasnt able to reply right away. Respondent Esguerra later texted Magbanwa that caused the latter to set to meet with him in their usual hangout place at Ayala Malls after office hours on the next day. Copy of the conversation on Annex 4.

7. On September 6, 2006, respondent Esguerra asked permission from his wife to go to Bulacan where hell meet client/ family friend Alexander Dela Cruz. Hell be accompanied and helped by Atty. Magbanwa and theyll be staying at Atty. Esguerras moms house. Alexander Dela Cruz is a former friend of respondent Esguerra.

8. After his work on September 7, the respondent Esguerra fetched respondent Magbanwa from work and proceeded on their way to Bulacan. They arrived at respondent Esguerras mother Mrs. Dora Esguerras house late in the evening to leave their things first but Mrs. Esguerra insisted that they stay for the night before going to Dela Cruz. So they stayed and left early for their trip the following morning. The statement of Mrs. Dora Esguerra on Annex 5.

9. On September 8, 2006, respondents went to Alexander Dela Cruz house. Upon arrival, they found out from Dela Cruz housemate Popo Cruz that he had already left for Manila at dawn. Mr. Cruz statement on Annex 6. With this, the two decided to go straight to the apartment respondent Atty. Esmael is renting at 2538 B. Bautista St. Singalong, Manila to see the ongoing work there. Picture of the apartment on Annex 7. Contract of Lease on Annex 7-1.

10. In the said apartment, the helper, Hairy Potter informed Atty. Esguerra that it will only take one week to finish the repairs and the improvements in the apartment. Affidavit of Hairy Potter on Annex 8.

11. Respondents deny the allegations on paragraph E) of the complaint as for the truth of the witness allegations. The statements on paragraph E) of the complaint and paragraph 02 of witness Kara De Jesus sworn affidavit obviously do not tie up with each other as will be shown hereunder: Paragraph E) of the complaint Sometime in November of the same year, a lady named Kara De Jesus, friend of Nathalie Magbanwa and who happened to be the landlady of the apartment the respondents were renting for two months, had a first-hand knowledge of Atty. Esguerra and Atty. Magbanwas secret relationship. The respondents were staying in the apartment since September 7 of the same year. She even identified hearing moans and the phrase, Im cumming. Paragraph 02 of witness Kara De Jesus sworn affidavit Sometime of November of the same year, I, who happened to be the landlady of the apartment the respondents were renting for two months, had first-hand knowledge of Atty. Esguerra and Atty. Magbanwas secret relationship. The respondents were staying in the apartment since September7 of the same year and there was a time I heard moans and the phrase, Im coming, which sounded malicious and disturbing.

12. Respondent Esguerra admit the allegations on paragraph F) of the complaint as far as having no communication with her wife, the petitioner. Respondent Esguerra actually planned not to contact his wife to surprise her that he rented an apartment in Manila almost near his work where he plans to transfer his beloved family so that he will not be late for home anymore. On the same date, respondent Esguerra stayed in the apartment and where he plans to stay for one week to supervise the remaining works while respondent Magbanwa went home.

13. After one week, respondents proceed to their seminar in Iloilo. While respondent Magbanwa inform his wife about the seminar, respondent Esguerra failed to do so. Respondent Esguerra planned that he will inform his wife about the apartment and the seminar as soon as he arrived in Iloilo. Unfortunately, he found out that his phone was missing upon his arrival and he has no time to inform his wife about it because the seminar has already started. Aside from that, cellular phones are not allowed in the duration of the seminar due to its reconciliation nature (Kursillo). Certificates of Participation in the Kursillo on Annex 9 and Annex 9-1.

WHEREFORE, the respondents respectfully pray for of this Honorable Court to render judgment in their favor by dismissing the Disbarment Complaint.

Other just and equitable reliefs are prayed for.

Taytay, Rizal for Manila City, 08 October 2012.