AC 1404; (April, 1981) (Digest)
G.R. No. A.C. No. 1404 April 27, 1981
Fe Monton, complainant, vs. Jose R. Madrazo, Jr., respondent.
FACTS
Complainant Fe Monton, a house helper and clerk for respondent lawyer Jose R. Madrazo, Jr., filed an administrative complaint for disbarment on grounds of immorality, alleging he raped her in November 1973 and January 1974, resulting in her pregnancy. She had previously filed a criminal complaint for rape, which was dismissed by the city fiscal. The evidence reveals that upon discovering Monton’s pregnancy in July 1974, Mrs. Madrazo obtained an affidavit from Monton in Cebu stating Madrazo was not the father, after which Mrs. Madrazo inflicted injuries on Monton. Monton later gave birth, registering the child under a different father’s name. She continued residing with the Madrazo family after the alleged rapes and had suitors. A theft case filed by Mrs. Madrazo against Monton was dismissed, and respondent theorized the disbarment charge was retaliation.
ISSUE
Whether the evidence presented by complainant is sufficient to warrant the disbarment of respondent lawyer on the ground of immorality.
RULING
The Court dismissed the complaint for insufficiency of evidence. The legal logic rests on the principle that in disbarment proceedings, the burden of proof lies with the complainant, and the evidence must be clear, convincing, and free from reasonable doubt to justify the severe penalty of disbarment. The Court found Monton’s credibility severely impaired by numerous inconsistencies and contradictory declarations. These included her initial affidavit exonerating Madrazo, obtained under alleged duress, her subsequent rape allegations, her admission that one act was “consented,” her continued residence with the family after the alleged assaults, and her social interactions with other suitors. The timing of the complaint, following the theft accusation against her, further cast doubt on her motives. Consequently, the evidence was deemed untrustworthy and insufficient to meet the required standard of proof for imposing disciplinary action.