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8. Barrientos vs.

Daarol

Facts:
Victoria Barrientos filed a disbarment case against Transfiguracion (Trans) Daarol on grounds of Gross Immoral
conduct. Trans is a 41 year old Manager of a company Zaneco. Known by Victoria's father since the latter was his
former teacher and Victoria's mother was his classmate. Victoria is a 20 year old college student. Known by Trans
because he frequently visits the house due to his familiar relationship with the family. Trans invited Victoria
to be one of the usherettes for Mason Convention on June 28 to 30 in which he asked to request for her parents
approval. Thereafter, they go home together every after session. On July 1, they went on a joy ride and strolled on
a beach. While on strolling he proposed his love to her; that respondent told her that if she would accept him, he
would marry her within six (6) months from her acceptance; Victoria said she will think about it. He constantly visited
the house to court and ask for the “yes". That on July 7, 1973, she finally accepted respondent's offer of love and
respondent continued his usual visitations almost every night thereafter; they agreed to get married in December
on August 20, they went on a party, before going home he invited her for a joy ride, went on strolling at the beach
at the airport where no houses are around. He again profess his love, caressed her, and act removing the undies
of Victoria. When the latter asked what he's doing he just professed his love and said it is ok because he will marry
her and December is near. She gave in to his words and had carnal knowledge. Every time they go out together
he'll bring her to the said beach at the airport and have sexual intercourse. This happened two to three times a
week. On the course of this relationship, Victoria got pregnant and said it to Trans. He said she must abort the fetus.
She answered no. They went to her parents and told them to bring her to Manila. They will get married at Manila
to prevent scandalous remarks to her. When they went to Manila. He claimed: He said he's married. He can no
longer marry her. He's a moslem. He had estranged wife. He said she consented to have sexual intercourse with
him because of her love to him and he did not resort to force, trickery, deceit or cajolery; and that the present case
was filed against him by complainant because of his failure to give the money to support complainant while in Cebu
waiting for the delivery of the child and, also to meet complainant's medical expenses when she went to
Zamboanga City for medical check-up.

Issue:
WON he is qualified for Disbarment due to gross immoral conduct and deceitful act

Ruling:
Yes.
1. By age: Victoria Barrientos, is single, a college student, and was about 20 years and 7 months old during the
time (July-October 1975) of her relationship with respondent, having been born on December 23, 1952; while
respondent Transfiguracion Daarol is married, General Manager of Zamboanga del Norte Electric Cooperative,
and 41 years old at the time of the said relationship, having been born on August 6, 1932;
2. By keeping marriage: He is married to Romualda A. Sumaylo with whom he has a son; and that said respondent
had been separated from his wife for about 16 years at the time of his relationship with complainant;3. He's son
living at Dipolog as well but they have different house.4. He said he processed the annulment but to no avail he did
not.5. He claimed he's a moslem but why cannot he marry her.

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