Case Digest (A.C. No. 5816) Core Legal Reasoning Model
Facts:
Dr. Elmar O. Perez filed on August 27, 2002 an administrative complaint before the Office of the Bar Confidant against Atty. Tristan A. Catindig and Atty. Karen E. Baydo, alleging gross immorality and violation of the Code of Professional Responsibility. Atty. Catindig was validly married to Lily Corazon Gomez on May 18, 1968—first in a civil ceremony at the Central Methodist Church in Ermita, Manila, then in a Catholic rite at the Shrine of Our Lady of Lourdes in Quezon City. After a de facto separation in 1984, he and Gomez obtained a divorce decree from the Dominican Republic, which he represented to Dr. Perez as valid under Philippine law. On July 14, 1984, he married Dr. Perez in Virginia, USA, and they had a son. Years later, Perez learned that a foreign divorce between Filipino citizens is ineffective in the Philippines and that her marriage to Catindig was void. Catindig promised to regularize their union through a Philippine nullity petition and filed one on August 13,
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Case Digest (A.C. No. 5816) Expanded Legal Reasoning Model
Facts:
- Background of the Parties
- Dr. Elmar O. Perez (Dr. Perez) filed an administrative complaint for disbarment on August 27, 2002, before the Office of the Bar Confidant.
- Respondents are Atty. Tristan A. Catindig (Atty. Catindig) and Atty. Karen E. Baydo (Atty. Baydo), accused of gross immorality and violation of the Code of Professional Responsibility.
- Marriage to Lily Corazon Gomez and to Dr. Perez
- Atty. Catindig married Lily Corazon Gomez on May 18, 1968 (Central Methodist Church, Ermita, Manila; later Catholic ceremony in Quezon City).
- In 1983, he courted Dr. Perez, disclosed his existing marriage, and claimed he obtained a Dominican Republic divorce decree in 1984 to dissolve it.
- On July 14, 1984, believing the divorce valid, Atty. Catindig married Dr. Perez in Virginia, USA; they had one son.
- Discovery of Void Marriage and Alleged Affair
- Dr. Perez later learned the Dominican Republic divorce was not recognized under Philippine law and confronted Atty. Catindig, who promised to secure a Philippine nullity and adopt their son.
- In 2001, Dr. Perez received an anonymous letter and a love letter dated April 25, 2001, evidencing Atty. Catindig’s professed love for Atty. Baydo.
- On August 13, 2001, Atty. Catindig filed a petition for nullity of his marriage to Gomez; on October 31, 2001, he abandoned Dr. Perez and their son, residing with Atty. Baydo.
- IBP Investigation and Recommendations
- The Supreme Court referred the case to the Integrated Bar of the Philippines (IBP) on January 29, 2003.
- The IBP–Commission on Bar Discipline (CBD) conducted conferences and required position papers, all filed by October 24, 2003.
- On May 6, 2011, the IBP Investigating Commissioner recommended disbarment of Atty. Catindig for gross immorality (bigamous marriage) and dismissal of the charge against Atty. Baydo for lack of evidence.
- On December 10, 2011, the IBP Board of Governors adopted the recommendation; on December 29, 2012, it denied Atty. Catindig’s motion for reconsideration.
Issues:
- Whether the respondents committed gross immorality warranting disbarment under the Code of Professional Responsibility and the Rules of Court.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)