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CASE DIGEST
EGE 311 – Gender and Society
Submitted to:
Reca Mae S. Cabatbat
By
December
2024
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Case Digest: A.C. No. 13132. January 31, 2023 - TEODORA ALTOBANO-RUIZ,
COMPLAINANT, VS. ATTYS. WILFREDO A. RUIZ, CHERRY ANNE DELA CRUZ, AND
Source: https://lawphil.net/judjuris/juri2023/jan2023/ac_13132_2023.html
A.C. No. 13132. January 31, 2023
FACTS
Teodora Altobano-Ruiz filed a complaint for disbarment against her husband, Atty.
Wilfredo A. Ruiz, and two other lawyers, Atty. Cherry Anne Dela Cruz and Atty. Francisco
S. Benedicto III. The complaint was against them for violations of the Code of Professional
Protection Order (PPO) from the Regional Trial Court of Pasig City against Atty. Ruiz after
suffering from physical, emotional, and economic abuse. But Atty. Ruiz violated the PPO
when he refused to pay child support despite the issuance of a writ of execution.
with Radelia C. Sy, wherein they conspired to transfer his properties to Sy's son as a dowry
for a future marriage. Teodora also charged Atty. This accused De La Cruz, her former
counsel, of conspiring with Atty. Ruiz by refusing to enforce the PPO, while Atty. Benedicto,
a partner in Ruiz's law firm, was implicated for assisting in a nullity case against her. Atty.
Ruiz further provided false addresses and concealed assets to frustrate the writ's execution.
recommended the disbarment of Atty. Ruiz and the dismissal of the complaints against Attys.
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Dela Cruz and Benedicto for lack of merit. The IBP Board of Governors (IBP-BOG) initially
adopted the recommendation but thereafter modified it, lessening the penalty to a one-year
suspension considering evidence that would have shown Ruiz had started assisting. The
ISSUE
Responsibility for acts of non-compliance with the Permanent Protection Order, acts
deceitful to avoid legal obligations, and immoral conduct, and whether Attys. Cherry Anne
Dela Cruz and Francisco S. Benedicto III, in conspiracy with Atty. Ruiz, harassed Teodora
RULING
The Supreme Court determined that Atty. Grave violations of the Code of
the PPO, deceived others by hiding assets and providing false addresses, and conducted
himself immorally by entering into an illegal arrangement with another woman. Specifically,
he was found to have violated Rules 1.01 and 1.02, which prohibit dishonest and deceitful
behavior and require respect for the law, as well as Rule 7.03, which mandates lawyers to
uphold ethical behavior in both their professional and private lives. Moreover, he violated
Rules 10.01 and 10.03, which address deceit and misrepresentation, and Rule 12.04,
In view of the seriousness of the misconduct, the Supreme Court disbarred Atty.
Ruiz and ordered his name to be stricken from the Roll of Attorneys. On the other hand,
the complaints filed against Atty. Cherry Anne Dela Cruz and Atty. Francisco S. Benedicto
III were dismissed for lack of evidence to establish any conspiracy or wrongdoing on their
part.
The Supreme Court, therefore resolved that Atty. Ruiz's actions were not fit for
anyone who wears the cloak of the legal profession and also brought grave public
confidence in the judicial processes to the lowest ebb. His disbarment showed sternly that
lawyers are obligated to live by the greatest standards of integrity and responsibility in
WHEREFORE, the complaint against respondents Attys. Cherry Anne Dela Cruz
G.R. No. 175433 ATTY. JACINTO C. GONZALES, Petitioner, vs. MAILA CLEMEN F.
SERRANO, Respondent.
Source: https://lawphil.net/judjuris/juri2015/mar2015/gr_175433_2015.html
FACTS
This matter started when Atty. filed an administrative complaint. Respondent Maila
Clemen F. Serrano is suing her immediate supervisor, Atty. Petitioner Jacinto C. Gonzales, Chief
of the Philippine Racing Commission's (PHILRACOM) Legal Division, for serious misbehavior,
ISSUE
According to her complaint, on November 23, 2000, the petitioner forcibly kissed her on
the lips at a restaurant when they were dining with other coworkers, including Eva Bataller, Atty.
Eugene Juanson and Roman Vidal. Despite her efforts to refuse by turning her head away, she
claims the petitioner persisted, leaving her stunned, humiliated, and unable to respond properly
for fear of further humiliation. Respondent also claims that this was not an isolated incident, but
rather part of a pattern of inappropriate behavior by the petitioner, which included previous
advances such as offering to buy her a cell phone, asking her to join him in his car, and inviting
her to lunch, all of which she declined. In addition to these overtures, the petitioner allegedly
made derogatory remarks about her personal life during a confrontation on August 23, 2000,
condemning her for failing to disclose that she had a kid, questioning her relationship status, and
implying that her job performance was poor. Following these instances, the respondent alleges
she reported the issue to the PHILRACOM Grievance Committee but received no response,
causing her to escalate the complaint to the Office of the Ombudsman due to the petitioner's
higher status in the office. To back up her accusations, the respondent provided testimonies from
her colleagues who were present during the "kissing" episode and can corroborate her story. In
response, the petitioner rejected the allegations, claiming that the kiss was a casual birthday
greeting that accidentally brushed her lips. He further claimed that his comments about her
personal life were related to her work performance, notably her absences and tardiness, and that
he made them while serving as PHILRACOM’s legal counsel, The case raises severe concerns
about sexual harassment, a hostile work environment, and the effectiveness of PHILRACOM’s
indifference.
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RULING
On March 19, 2002, the Office of the Ombudsman Administrative Adjudication Bureau,
through Graft Investigation Officer Marlon T. Molina, issued a Decision finding petitioner guilty of
grave misconduct. Approved by Ombudsman Aniano A. Desierto, among other officers, the
Accordingly, the penalty of DISMISSAL from the service is hereby imposed upon him
pursuant to Section 52 (A), par. 3, Rule IV of Resolution No. 991936 otherwise known as the
The Honorable Chairman of the Philippine Racing Commission, Electra House Building,
Esteban Street, Legaspi Village, Makati City is hereby directed to implement this Decision in
accordance with law and promptly report to this Office compliance thereof.
Case Digest: G.R. No. 187495, April 21, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff–
Appellee, v. EDGAR
JUMAWAN, Accused–Appellant.
Source:https://lawphil.net/judjuris/juri2014/apr2014/gr_187495_2014.html
JUMAWAN, Accused–Appellant
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FACTS
Defendant-appellant and his wife, KKK, were married on October 18, 1975. They lived
together as husband and wife, raised four children and managed several businesses over the
years. Despite their seemingly stable marital relationship, the dynamic changed when, on July
16, 1999, two rape complaints were filed in the Regional Trial Court (RTC) against the defendant,
KKK, on two separate occasions. The allegations detailed that the defendant intentionally,
unlawfully and criminally obtained carnal knowledge of the KKK against her will through the use
of force and intimidation. These acts allegedly constituted a violation of Republic Act No. 8353,
also known as the Anti-Rape Act of 1997. This law, which amended previous provisions on rape,
criminalized marital rape and recognized the absence of consent even in one marital relationship
constitutes a serious criminal offense. The filing of these charges raised significant legal and
social questions about the limits of consent and the applicability of anti-rape law in the context of
marriage. The case continued and required the court to evaluate the evidence and determine
beyond a reasonable doubt whether the defendant was guilty of the charges
ISSUE
In the case of Rape, which often occur in private areas, the victim's account management
in court proceedings is particularly important. A key question in this context is whether a husband
can be convicted of raping his wife under R.A. No. 8353, regardless of their marital bond.
The court is tasked with evaluating the reliability of the wife's testimony to determine
whether it meets the legal standards for marital rape. This case confronts the outdated notion
that marriage grants eternal consent and emphasizes that a husband is not exempt from legal
RULING
Under Section 1 of R.A. No. 8353, the Anti-Rape Law of 1997, rape is defined without
regard to the relationship between the offender and the victim. This includes the possibility of
rape being committed by a husband against his wife, as long as the statutory elements—such
as force, intimidation, or lack of consent—are present. The law recognizes three forms of rape:
traditional rape, sexual assault, and marital rape. By offering a unified definition, it underscores
that consent is fundamental in all sexual relations, even within marriage, and negates any
The Regional Trial Court (RTC) carefully assessed the evidence and found the testimony
of the private complainant, KKK, to be credible and consistent. Her detailed account of how her
husband forcibly committed sexual acts against her will was truthful and untainted. Despite the
accused’s argument that marital status exempted him from prosecution, the court rejected this,
affirming that marital rape is punishable under the law. The court convicted the accused-
appellant, affirming that marriage does not grant a license to violate a spouse’s rights.