Case Digest (Adm. Case No. 797)
Facts:
The case involves Lydia Cabatu as the complainant and Edgardo C. Domingo as the respondent. The complaint for disbarment was filed against Domingo on the grounds of his alleged second marriage despite having a valid and subsisting marriage with Cabatu. The second marriage was reportedly contracted with Florecita A. Pe Aguirre on September 16, 1967. Following the filing of the complaint, the respondent was required to provide an answer, to which he claimed he had no knowledge of the allegations against him. The case was subsequently referred to the Solicitor General for investigation, report, and recommendation. A report was submitted on January 18, 1982, detailing the proceedings. The case was set for hearing on three occasions; however, the first two hearings did not occur as the subpoenas for both the complainant and the respondent were returned unclaimed. The report indicated that despite the complainant and her counsel receiving notice of the hearing set for October 13, 1...
Case Digest (Adm. Case No. 797)
Facts:
Parties Involved:
- Complainant: Lydia Cabatu
- Respondent: Edgardo C. Domingo, a member of the Philippine Bar
Allegations:
- Lydia Cabatu filed a complaint for disbarment against Edgardo C. Domingo.
- She alleged that despite their valid and subsisting marriage, Domingo contracted a second marriage with Florecita A. Pe Aguirre on September 16, 1967.
Respondent's Defense:
- Domingo claimed he was without knowledge of the allegations.
Procedural History:
- The case was referred to the Solicitor General for investigation, report, and recommendation.
- The Solicitor General submitted a report on January 18, 1982.
- The case was set for hearing three times, but the first two hearings did not proceed because subpoenas for both parties were returned unclaimed.
- Despite notice, neither the complainant nor her counsel appeared at the third hearing.
- The Solicitor General noted that the complainant had shown no interest in pursuing the case since its filing in 1967.
- The respondent’s registered letter was returned with the notation: "addressee moved to USA, no forwarding address."
Recommendation:
- The Solicitor General recommended the dismissal of the complaint for disbarment.
Issue:
- Whether Edgardo C. Domingo should be disbarred for allegedly contracting a second marriage while his first marriage with Lydia Cabatu was still valid and subsisting.
- Whether the complaint should be dismissed due to the complainant’s lack of interest in prosecuting the case and the respondent’s unavailability.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)