840 Phil. 212
PER CURIAM:
Sometime in February 1997, [AAA] was hired as secretary to [respondent Atty. De Los Reyes], then Vice-President of the Legal and Administrative Group of [National Home Mortgage Finance Corporation] NHMFC.
[AAA] became a permanent employee with a plantilla position of private secretary 1, pay grade 11, on a co-terminus status with [respondent Atty. De Los Reyes]. She later learned that it was [respondent Atty. De Los Reyes] who facilitated her rapid promotion to her position soon after becoming his secretary.
Sometime in the last quarter of 1997, [respondent Atty. De Los Reyes] offered to take [AAA] home in his NHMFC issued service vehicle telling her that her residence on J.P. Rizal Street, Makati was along his route. From then on it became a daily routine between them, which continued even after [AAA] moved to Mandaluyong City.
Sometime in the last quarter of 1998, [AAA] began to feel very uncomfortable with the situation when she realized that [respondent Atty. De Los Reyes] was becoming overly possessive and demanding to the extent that she could not refuse his offer to bring her home; her telephone calls were being monitored by [respondent Atty. De Los Reyes] who constantly asked her who she was talking with on the telephone and would get mad if she told him that it was a male person; she would be called to his office during office hours just to listen to his stories about his life, how he was raised by a very strict father, a former NBI director, how unhappy he was with his wife who treated him like a mere boarder in their house and sometimes just to sit there doing nothing in particular, simply because he wanted to see her. He also sent or left her love notes.
[AAA] tried to avoid [respondent Atty. De Los Reyes] who vacillated between being verbally abusive toward her, cursing and shouting invectives at her whenever she did, and overly solicitous the next moment, apparently to placate her.
On 11 December 1998, when she refused his offer to take her home, he got angry with her and shouted "putangina mo." She tried to get away from him but he blocked her path, grabbed her arm and dragged her to the parking area and pushed her inside his service vehicle. He drove off, ignoring her cries and pleas to stop and let her get off. He slapped her twice and she became hysterical. She opened the car door and attempted to jump but he was able to grab her jacket and dropped her off somewhere in Makati. She reported the incident to the police.
[AAA] did not file a formal report or complaint against [respondent Atty. De Los Reyes] as she thought that it would be futile. She told Atty. Fermin Arzaga [then Senior Vice-President for Finance at NHMFC] what happened and showed him her bruises on her wrists. She told him of her plan to resign and he asked her not to resign and instead to request for a transfer. Despite his advice, she sent a resignation letter that was received by the Personnel Department on 22 December 1998.
On the same date, both the manager and the assistant manager talked to [AAA] and persuaded her to reconsider her resignation by promising her that she would be re-assigned to the Office of the President, as stated in an Office Order dated 21 January 1999.
On 22 January 1999, [AAA] reported to the Office of the President. But even before she could start working in her new assignment, she was told to return to her former post as private secretary of [respondent Atty. De Los Reyes].
[AAA] later learned from [respondent Atty. De Los Reyes] that he had called up Atty. Arzaga and told him not to interfere ("huwag kang makialam"). He told her that her position was co-terminus with his, being his private secretary.
Much as she wanted to pursue her plan to resign, [AAA's] financial position at that time left her with no choice but to continue working as [respondent Atty. De Los Reyes'] secretary. [Respondent Atty. De Los Reyes] knew that [AAA] was the sole breadwinner of her family, as her father had deserted them when she was but 8 years old, leaving her to care for her sick mother, a two-year-old niece and two sisters who were still in school.
[Respondent Atty. De Los Reyes] exploited his knowledge to force [AAA] to continue working for him as his secretary. He moved in on her steadily, making it plain to all that she was his property, isolating her from the other people in the office who did not want to cross him, dominating and humiliating her. He eventually made it clear to her that he was determined to make her his mistress and overpowered her resistance by leaving her no choice but to succumb to his advances or lose her job.
From then on, she became his sex slave who was at his beck and call at all times for all kinds of sexual services ranging from hand-jobs in his vehicle to sexual intercourse in his office. She could not even refuse him without risking physical, verbal and emotional abuse.
[AAA] become despondent with her situation, knowing that she was the object of gossip and ridicule among her officemates. She felt so helpless and frustrated that she thought of committing suicide on countless occasions. Coming to the office was such an ordeal that she often suffered from all sorts of illnesses such as fever, stomachaches, sore throat, and migraine which gave her a convenient reason to absent herself, but did not deter [respondent Atty. De Los Reyes] from calling and texting her or even. coming to her house to personally check on her.
[AAA] attempted to put a stop to [respondent Atty. De Los Reyes's] obsession with her by flaunting an American as her boyfriend. [Respondent Atty. De Los Reyes] went into a jealous rage when he learned about it.
x x x x
It seemed that [AAA] could never escape from the clutches of [respondent Atty. De Los Reyes] who always found a way to ensure that she would always end up being re-assigned to his office, even after she was assigned to other units. He continued to bring her home, no matter that her residence was now in Canlubang, Laguna. He also continued to see her [in] his office at least twice a day, even sending an assistant to fetch her when she refused to go.
In January 2003, [respondent Atty. De Los Reyes] continued to keep a tight watch over her even when [AAA] went on official study leave to attend her CGFNS review classes. He insisted on personally bringing [AAA] to and from her classes or he made sure that his official driver took her there using his official vehicle when he could not personally accompany her.
[AAA] failed to take her exam in March 2003 and requested a leave of absence to take the July 2003 exam. She stopped seeing [respondent Atty. De Los Reyes] and refused to see or talk to him completely.
[Respondent Atty. De Los Reyes] kept sending [AAA] text messages that she ignored and even requested for a change of number of her cell phone. After a month of not receiving anything from him, she thought he had already given up on her but she was wrong.
He now trained his sight on [Ma. Victoria] Marivic Alpajaro, a good friend and officemate of [AAA], who had now become the object of his ire and jealousy because of her apparent closeness to [AAA].
His threats to fire Marivic compelled [AAA] to seek him out and plead with him to spare her friends. On 10 July 2003, they met outside the office and he insisted that they go back together to the office to show everyone that everything was still the same between them. She refused and ran out of the restaurant. He followed and wrapped his arms around her but she evaded him. He was shouting "mahal kita" in public, to her great embarrassment. He attempted to stop her but she threatened that she will throw herself in the path of oncoming vehicles if he persisted.[2]
We also take note that there is an apparent ambivalence or hesitancy in the use of the word "rape" by herein complainant. This is because the numerous sexual intercourse occurred with the complainant's seeming consent. However, such cannot be characterized as voluntary. Complainant acceded to the sexual intercourse because of fear of reprisals or consequences if she did not. Whether there is actual rape, as it is defined in the Revised Penal Code, would not be relevant in this disbarment case since the sexual intercourse coupled with unspoken threats of dire consequences would nonetheless constitute grave misconduct.
Respondent has also raised the argument of prescription. While there could be a prescriptive period under the Anti-Sexual Harassment Law, there is no prescriptive period for grave misconduct in disbarment proceedings and the Code of Professional Responsibility. Disbarment proceedings are sui generis.[3]
RESOLVED to ADOPT and APPROVE, as it is hereby unanimously ADOPTED and APPROVED with modification, the Report and Recommendation of the Investigating Commissioner in the above-entitled case, herein made part of this Resolution as Annex "A," and finding the recommendation fully supported by the evidence on record and the applicable laws and rules, and finding Respondent guilty of violating Rule 1.01 of the Code of Professional Responsibility, Atty. Antonio De Los Reyes is hereby SUSPENDED [INDEFINITELY].[4]
RESOLVED to unanimously DENY [respondent Atty. De Los Reyes'] Motion for Reconsideration, there being no cogent reason to reverse the Resolution and it being a mere reiteration of the matters which had already been threshed out and taken into consideration. Thus, Resolution No. XX-2012-254 dated July 21, 2012 is hereby AFFIRMED.[5]
CANON 1 – A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes.Rule 1.01. – A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
CANON 7 – A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the integrated bar.
x x x x
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.
Lawyers have been repeatedly reminded by the Court that possession of good moral character is both a condition precedent and a continuing requirement to warrant admission to the Bar and to retain membership in the legal profession. This proceeds from the lawyer's bounden duty to observe the highest degree of morality in order to safeguard the Bar's integrity, and the legal profession exacts from its members nothing less. Lawyers are called upon to safeguard the integrity of the Bar, free from misdeeds and acts constitutive of malpractice. Their exalted positions as officers of the court demand no less than the highest degree of morality.
The Court explained in Arnobit v. Atty. Arnobit that "as officers of the court, lawyers must not only in fact be of good moral character but must also be seen to be of good moral character and leading lives in accordance with the highest moral standards of the community. A member of the bar and an officer of the court is not only required to refrain from adulterous relationships or keeping a mistress but must also behave himself as to avoid scandalizing the public by creating the impression that he is flouting those moral standards." Consequently, any errant behavior of the lawyer, be it in his public or private activities, which tends to show deficiency in moral character, honesty, probity or good demeanor, is sufficient to warrant suspension or disbarment.
Atty. [Angelito] Lo [Counsel for respondent Atty. De Los Reyes]:
Q. You said that you were being raped twice a week by the respondent?
AAA:
A. Yes, sir.
COMM. FUNA:
Twice a week for how many weeks?
AAA:
I guess it's from 1999 to more or less 2000.
COMM. FUNA:
For clarification, what do you mean by rape?
AAA:
I was forced...he forced me to have sex with him.
COMM. FUNA:
In what sense? Conversation?
AAA:
Other than that, sir. Most of the time, I was not allowed...from the very start, I was not allowed to use the C.R.
COMM. FUNA:
No, no, no. Do you know what rape is?
AAA:
Yes. I was forced to have sex with him. There [were] some instances that he would go inside the C.R. while I'm still inside. He would push me and force me to have sex with him. Tinutulak nya ako pababa.
COMM. FUNA:
I have to clarify this kasi it's vague. We need to know exactly what happened. Nagtinginan lang kayo sa mata, what happened?
AAA:
I was inside the C.R. I'm using the restroom, pumasok sya.
COMM. FUNA:
Did he touch any part of your body?
AAA:
Yes.
COMM. FUNA:
Was there a sexual intercourse between you and the respondent?
AAA:
Yes.
COMM. FUNA:
There was?
AAA:
Yes.
COMM. FUNA:
How many times?
AAA:
At most is twice a week.
COMM. FUNA:
Now, you will be raped and yet you did not report to the police?
AAA:
I'm so scared and I don't know kung may maniniwala sa akin.
COMM. FUNA:
You will be raped and yet you continue to work.
AAA:
As I have mentioned in my Affidavit, I am the sole breadwinner in my family. I tried to leave the office, I tried to look for a job.
COMM. FUNA:
So when you go to work, you know that you will be raped...
AAA:
Because I have to fend [for] my whole family. My mother is sick. I don't have a father. I have my other siblings to support, I have my niece. It's really hard for me but...(Witness crying)
COMM. FUNA:
So, iyong subsequent rapes were done with your consent? Would you say that?
AAA:
It's an exchange to maintain my job.
COMM. FUNA:
So you consented because you believe that you will lose your job?
AAA:
That's what... kasi my position is co-terminus with him. It's permanent but still co-terminus with him. Sabi nya nga, I'm working [at] his pleasure. It's up to him anytime if he wants to fire me. He can do that.
COMM. FUNA:
Atty. Ambrosio, how would you characterize that?
ATTY. [MINERVA] AMBROSIO [Counsel for AAA]:
Which one, sir? She's raped, plain and simple, sir, sexual harassment.
COMM. FUNA:
Would you go to this office...(interrupted)
ATTY. AMBROSIO:
Sir, why are you laughing?
COMM. FUNA:
... if you know that you will be raped?
ATTY. AMBROSIO:
Sir...(unintelligible) to understand.
COMM. FUNA:
Tomorrow, you know that you will be raped ... (Comm. Funa and Atty. Ambrosio talking at the same time)
ATTY. AMBROSIO:
[She's] telling you wala siyang choice. That's the whole essence of sexual harassment because a woman is forced to continue working or to continue in this particular position because she has no choice. If she doesn't consent to his sexual advances, she gets fired or she gets demoted or she will get a deduction in her pay. See, that's plain and simple sexual harassment. This is...(unintelligible) I do not understand. You're all laughing here. This is a woman crying telling you... there's injustice being done to this woman.[8]
Disciplinary proceedings against lawyers are sui generis. Neither purely civil nor purely criminal, they do not involve a trial of an action or a suit, but is rather an investigation by the Court into the conduct of one of its officers. Not being intended to inflict punishment, it is in no sense a criminal prosecution. x x x Public interest is its primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have proved themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney. x x x.