Annaliza, together with her 10-year old daughter named Marie Nicole and other two daughters stayed at the house of Atty. Faundo located somewhere at Zamboanga-Sibugay.

Marie Nicole referred to Atty. Faundo as “Tito Attorney”.

One night, Marie Nicole saw his Tito Attorney slept in the same bed with her mother, and that she saw the lawyer embracing her mother while they were sleeping.

Marie Nicole further recounted that the next morning, while she was watching television along with her mother, Ate Mimi and Ate Ada, Tito Attorney who just had a shower, and clad only in a towel or “tapis,” suddenly entered the room; that she (Marie Nicole) along with her Ate Mimi and her Ate Ada, were told to step outside the room, while her mother and Atty. Faundo remained inside the room.

These allegations of Marie Nicole led to the filing of a complaint by his father against Tito Attorney and his eventual suspension from the practice of law for one month by the Supreme Court.

The Court, in its decision, pronounced:

“It does not escape this Court’s attention that the 10-year old Marie Nicole called Atty. Faundo “Tito Attorney.” Indeed, by calling Atty. Faundo as “Tito Attorney” Marie Nicole effectively proclaimed her avuncular affection for him, plus her recognition of his being a member of the legal profession. We believe that Marie Nicole must have been a bit disappointed with what she saw and observed about the manners, predilections and propensities of her ”Tito Attorney.” In fact, a close examine of Marie Nicole’s testimony cannot fail to show that in Marie Nicole’s young mind, it was clearly not right, appropriate or proper for her “Tito Attorney” to be sharing the same bed with her and her mother, and for her mother to remain alone in the same room with her “Tito Attorney,” while this “Tito Attorney” was dressing up. In all these happenings, a modicum of decency should have impelled this “Tito Attorney” to behave more discreetly mid more sensitively, as he could not have been unaware that Marie Nicole was observing him closely and that she could be forming her impressions of lawyers and the legal profession by the actions and the behavior of this, her “Tito Attorney.”

See [CASE BrieF NO. 2018-0426] Oliver Fabugais vs.Atty. Berardo C. Faundo Jr., G.R. No. 10145 June 11, 2018

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