Tuesday, June 10, 2014

Cabrera vs. Agustin case brief summary

Cabrera vs. Agustin

Respondent courted the complainant and thereafter proposed marriage which was accepted by the complainant. The couple went to Pasay City Hall to apply for a marriage license where they signed two sheets of paper and a doctor took blood from them. After that the respondent told the complainant that they were already married, and the respondent took the complainant to a hotel and successfully had carnal knowledge with her with the assurance that they were already civilly married. The incident happened several times and after passing the bar examination and during the preparation of their church wedding the respondent sent a letter that he is withdrawing from their agreement to marry in church. Complainant knew thereafter that they are not civilly married.
Complainant and respondent had a daughter. The respondent married another woman after the incident.

Whether or not the act of the respondent constitute immorality.

Yes, respondent’s act of making the complainant believe that they have been married civilly to satisfy his carnal desires, knowing that complainant lacks education and does not have any idea of a vaid marriage constitute immorality.
Respondent is disbarred form the practice of law and his name is stricken out in the roll of attorney.

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