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WHILE
Philippine Basketball Association (PBA) commissioner
Jose Emmanuel “Noli” M. Eala was pondering what went
wrong and what is to be done about Philippine
basketball, the Supreme Court (SC) yesterday ordered his
disbarment for “grossly immoral conduct and unmitigated
violation of the lawyer’s oath.”
In an
18-page per curiam decision, the Court en banc granted
the petition filed by Joselino Guevarra to revoke Eala’s
license on the ground of gross immorality for carrying
out an adulterous relationship with Guevarra’s wife
Irene Moje since 2001.
The
Court added that Eala violated Canon 1, Rule 1.01 of the
Code of Professional Responsibility, which states that
“a lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
Eala
likewise violated Rule 7.03 of Canon 7 of the same code,
which provides that “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 scandalous manner to the discredit of
the legal profession.”
The SC
noted that Eala did not deny carrying an illicit
relationship with Moje, but insisted that he never
flaunted their affair and that their relationship was
low profile and known only to the immediate members of
their respective families.
“Without
doubt, the adulterous relationship between respondent
and Irene has been sufficiently proven by more than
clearly preponderant evidence—that evidence adduced by
one party which is more conclusive and credible than
that of the other party and, therefore, has greater
weight than the other—which is the quantum of evidence
needed in an administrative case against a lawyer,” the
Court said.
The SC
said it was immaterial whether Eala carried out his
affair discreetly or not, as the case involved a
relationship between a married lawyer and a married
woman who is not his wife.
Eala was
married to Marianne Tantoco with whom he had three
children while he was having an affair with Moje.
The
Court also noted that the commissioner never denied
being the father of Moje’s daughter, who was born on
February 14, 2002, at St. Luke’s Hospital.
Guevarra
claimed Moje named Eala, a “lawyer,” as Samantha’s
father in the latter’s birth certificate. A comparison
of the signature attributed to Moje in the certificate
with her signature on the marriage certificate shows
that they were affixed by one and the same person.
In his
complaint, Guevarra recounted that he met Eala first in
January 2000 when Moje, who was then his fiancée,
introduced the latter as her friend.
After
his marriage to Moje on October 7, 2000, the complainant
noticed that from January to March 2001, Moje had been
receiving from respondent cellular-phone calls and
messages saying “I love You,” “I miss you” or “meet you
at Megamall.”
Complainant also noticed that Moje habitually went home
very late at night or early in the morning of the
following day, and sometimes did not come home from
work.
In
February 2001 complainant saw Moje and Eala together on
two occasions. On the second occasion, he confronted
them and after that Moje abandoned the conjugal house.
On April
22, 2001, Guevarra said he went to Moje’s birthday
celebration at which he saw his wife and Eala
celebrating with her family and friends. Out of
embarrassment, he left the venue immediately.
Following that incident, Moje 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 was sent to Moje by Eala on October 7, 2000,
the day of his wedding to Moje.
Guevarra
later found out that Moje and Eala were already living
together. He also learned that his friends saw Moje
already pregnant on January 22, 2002, while watching a
concert with Eala.
Earlier,
Eala moved to dismiss the disbarment complaint due to
the pendency of a case filed by Guevarra for annulment
of marriage, which was later granted by Branch 106 of
the Quezon City Regional Trial Court, and a criminal
complaint for adultery also filed against him and Moje.
Eala,
who is still in
Tokushima, Japan, and will be back this weekend, refused to comment. |
