Negative Pregnant: Denying the Circumstances Leading to the Fact but Does Not Deny the Fact

What is the NEGATIVE PREGNANT?

According to dictionary.law.com, it is a denial of an allegation in which a person actually admits more than he/she denies.

It is when circumstances leading to a fact are denied but the fact itself is not denied.

Let me share with you a case decided by the Philippine Supreme Court that illustrates this concept.

The story started with the love letter quoted below which was used as evidence in the case. This letter was given by lawyer Noli to Irene on the day of her wedding to Joselano:

My ever dearest Irene,

By the time you open this, you'll be moments away from walking down the aisle. I will say a prayer for you that you may find meaning in what you're about to do.

Sometimes I wonder why we ever met. Is it only for me to find fleeting happiness but experience eternal pain? Is it only for us to find true love but then lose it again? Or is it because there's a bigger plan for the two of us?

I hope that you have experienced true happiness with me. I have done everything humanly possible to love you. And today, as you make your vows . . . I make my own vow to YOU!

I will love you for the rest of my life. I loved you from the first time I laid eyes on you, to the time we spent together, up to the final moments of your single life. But more importantly, I will love you until life in me is gone and until we are together again.

Do not worry about me! I will be happy for you. I have enough memories of us to last me a lifetime. Always remember though that in my heart, in my mind, and in my soul, YOU WILL ALWAYS

. . . AND THE WONDERFUL THINGS YOU DO!

BE MINE . . . . AND MINE ALONE, and I WILL ALWAYS BE YOURS AND YOURS ALONE!

I LOVE YOU FOREVER, I LOVE YOU FOR ALWAYS. AS LONG AS I'M LIVING MY TWEETIE YOU'LL BE!"

Eternally yours,

NOLI

The handwritten letter was found by Joselano in their master's bedroom when Irene abandoned their house to live with lawyer Noli who is also married but is estranged from his wife.

The relationship between Irene and lawyer Noli resulted in the birth of a baby girl.

The Complaint:

Joselano filed the complaint about disbarment against lawyer Noli for "grossly immoral conduct and unmitigated violation of the lawyer's oath."

He alleged that his wife Irene and lawyer Noli are flaunting their adulterous relationship. Further, he presented a birth certificate of Irene's daughter bearing the signature of Irene with the name of lawyer Noli indicated as the baby's father.

The Answer:

Lawyer Noli denied having flaunted an adulterous relationship. According to him, his special relationship with Irene was low profile and known only to the immediate members of their family.

He also denied having knowledge about the baby's birth certificate.

In this answer lie the negative pregnant statements. Please note the following:

The flaunting of the adulterous relationship was denied but the adulterous relationship was not denied

The existence of the birth certificate was denied but being the father of the baby was not denied

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The decision of the Supreme Court

Lawyer Noli was DISBARRED for grossly immoral conduct, violation of his oath of office, and violations of the following provisions of the Code of Professional Responsibility:

Canon 1, Rule 1.01: A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct

Canon 7, 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

Final thoughts:

It is ridiculous that a lawyer who is expected to be an expert with the law easily break a law. There may be personal reasons in this case. Love, maybe?

As Blaise Pascal said: "The heart has its reasons, which reason does not know"

But law won over love in this case.

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Reference: Reference: Joselano Guevarra vs. Atty. Jose Emmanuel Eala, A.C. No. 7136, August 1, 2007.

You can read the full text of the case here.

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This story was originally published by the author in Medium.com on October 10, 2020.