Title
Cabatu vs. Domingo
Case
Adm. Case No. 797
Decision Date
May 31, 1982
A disbarment complaint against a lawyer for bigamy was dismissed due to the complainant's lack of interest and the respondent's unavailability.
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Case Digest (Adm. Case No. 797)

Facts:

  1. Parties Involved:

    • Complainant: Lydia Cabatu
    • Respondent: Edgardo C. Domingo, a member of the Philippine Bar
  2. 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.
  3. Respondent's Defense:

    • Domingo claimed he was without knowledge of the allegations.
  4. 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."
  5. Recommendation:

    • The Solicitor General recommended the dismissal of the complaint for disbarment.

Issue:

  1. 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.
  2. 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)


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