FACTS Jose Emmanuel M.

Eala, better known as Noli Eala, was the sixth commissioner of the Philippine Basketball Association from 2003 to 2007. On March 4, 2002 a Complaint for Disbarment was filed by Joselano Guevarra against Atty. Jose Emmanuel M. Eala a.k.a. Noli Eala for grossly immoral conduct and unmitigated violation of the lawyers oath. The Philippine Supreme Court disbarred Noli Eala last August 1, 2007 because of his "grossly immoral conduct" that stemmed from an extramarital affair. Eala violated Canons 1 and 7 of Rule 1.01 of the Code of Professional Responsibility because of his affair with a married woman named Irene Moje prior to the judicial declaration that her marriage was null and void. Last September 20, 2007, the Supreme Court of the Philippines dismissed with finality Eala's motion for reconsideration, ruling that, in engaging in an affair, Eala ridiculed marriage as mere "scrap of paper" and violated his lawyer's oath to uphold the Constitution and the laws. This resulted in the PBA board, during an emergency meeting on August 7, 2007, voting 5-3 to sack Eala as commissioner. On the same day, Eala announced his resignation from his post due to the circumstances of his disbarment case.

ISSUES The case at bar involves a relationship between a married lawyer (Noli Eala) and a married woman (Irene Moje) who is not his wife is called concubinage. It is defined as Any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods. Irene Moje had been receiving from Eala cellphone calls, as well as messages some of which read "I love you," "I miss you," or "Meet you at Megamall." Joselano Guevarra also noticed that Irene habitually went home very late at night or early in the morning of the following day, and sometimes did not go home from work. When he asked about her whereabouts, she replied that she slept at her parents' house in Binangonan, Rizal or she was busy with her work. In February or March 2001, complainant saw Irene and respondent together on two occasions. On the second occasion, he confronted them following which Irene abandoned the conjugal house. On April 22, 2001, complainant went uninvited to Irene's birthday celebration at which he saw her and respondent celebrating with her family and friends. Out of embarrassment, anger and humiliation, he left the venue immediately. Following that incident, Irene went to the conjugal house and hauled off all her personal belongings, pieces of furniture, and her share of the household appliances. Complainant later found, in the master's bedroom, a folded social card bearing the words "I Love You" on its face, which card when unfolded contained a handwritten letter dated October 7, 2000, the day of his wedding to Irene. Atty. Jose Emmanuel Noli Eala, violated the oath which he is required to take before admission to practice, or for a willful disobedience appearing as an attorney for a party to a case without authority so to do. The Rules of Court was iolated by Eala which requires lawyers to support the Constitution and obey the laws. The Constitution regards marriage as an inviolable social institution and is the foundation of the family. (Article XV, Sec. 2)

DECISION/RESOLUTION The Supreme Court disbarred Eala whom it found to have "immorally" maintained sexual relations with a married woman. Instead, magistrates found that Eala, a married man himself, "showed disrespect for an institution held sacred by the law" and "betrayed his unfitness to be a lawyer." Eala admitted having a relationship with Irene Moje, then the wife of complainant Joselano Guevarra, but had insisted that it was "low profile and known only to members of their respective families." He also admitted personal knowledge about the certificate of live birth of his daughter Samantha.

a.) The Obligation of a Lawyer Rule 1.01 :A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Rule 7.03: A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. "As a lawyer, respondent should be aware that a man and woman deporting themselves as husband and wife are presumed to have entered into a lawful contract of marriage. In carrying on an extra-marital affair and despite himself being married, he showed disrespect for an institution held sacred by the law. And he betrayed his unfitness to be a lawyer.

b.) As a Father A man should respect the sanctity of marriage and the marital vows. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State. The Family Code (Executive Order No. 209), which echoes this constitutional provision, obligates the husband and the wife "to live together, observe mutual love, respect and fidelity, and render mutual help and support."

DISBARMENT CASE OF Atty. JOSE EMMANUEL NOLI EALA

Submitted by: RINGOR, Chardi Monik L.

Submitted to: Atty. Christian Paul Ulpindo