FELICIDAD BARIÑAN TAN v. ATTY. GALILEO J. TROCIO

FACTS:

Complainant Felicidad Bariñan Tan filed a verified complaint seeking the disbarment of respondent Atty. Galileo J. Trocio for immorality and conduct unbecoming of a lawyer. Complainant alleged that in April 1971, respondent, who was the legal counsel of the school she owned, forced himself upon her and had sexual intercourse with her against her will. She became pregnant and gave birth to a son. Complainant further claimed that respondent initially supported their son but later stopped doing so. She also stated that respondent threatened to have her alien husband deported if she filed a complaint against him. Despite the threats, complainant filed the complaint after eight years.

In his answer, respondent admitted being the lawyer for complainant, her family, and her parents-in-law but vehemently denied sexually assaulting her. He alleged that complainant filed the complaint out of vengeance because he refused to overcharge his legal fees and commit a "breach of trust." Respondent also accused complainant of trying to avoid paying her debts to him.

The case was referred to the Office of the Solicitor General for investigation, and hearings were conducted in Lanao del Norte. The Provincial Fiscal issued a report recommending disciplinary action against respondent. However, the Office of the Solicitor General returned the records for re-investigation due to respondent's absence during the proceedings.

ISSUES:

RULING:

PRINCIPLES:

  • Lawyers are held to a higher standard of conduct and are expected to uphold the dignity and integrity of the legal profession.

  • Immorality and conduct unbecoming of a lawyer are grounds for disbarment.