Case Digest (A.C. No. 5816)
Facts:
Dr. Elmar O. Perez v. Atty. Tristan A. Catindig and Atty. Karen E. Baydo, A.C. No. 5816, March 10, 2015; 755 Phil. 297; 111 OG No. 46, 6743 (November 16, 2015), the Supreme Court En Banc, Per Curiam.
The complaint for disbarment was filed by Dr. Elmar O. Perez with the Office of the Bar Confidant on August 27, 2002 against Atty. Tristan A. Catindig and Atty. Karen E. Baydo for gross immorality and violations of the Code of Professional Responsibility. Dr. Perez alleged that she and Atty. Catindig reconnected in 1983, that he admitted a prior marriage to Lily Corazon Gomez in 1968, and that he represented he had obtained and relied on a foreign divorce decree from the Dominican Republic to marry Dr. Perez in Virginia, USA on July 14, 1984; the couple had one child.
Dr. Perez later learned that the Dominican Republic divorce was not effective under Philippine law, confronted Atty. Catindig, and alleges he promised to file for nullity in the Philippines and to adopt their son. The relationship deteriorated over time. In 2001 she received an anonymous letter and later found a purported love letter dated April 25, 2001 from Atty. Catindig to Atty. Baydo; Atty. Catindig filed a petition for declaration of nullity on August 13, 2001 and left Dr. Perez and their son on October 31, 2001.
By Resolution of October 9, 2002 the Court directed respondents to comment; they did so. The Court referred the matter to the Integrated Bar of the Philippines (IBP) on January 29, 2003. The IBP Commission on Bar Discipline (IBP‑CBD) conducted proceedings, received position papers, and the Investigating Commissioner issued a Report and Recommendation on May 6, 2011 recommending disbarment of Atty. Catindig for gross immorality and dismissal of the charge against Atty. Baydo for lack of evidence. The IBP Board of Governors adopted that recommendation in a Resolution dated December 10, 2011 and later denied Att...(Pro-only)
Issues:
- Whether Atty. Tristan A. Catindig committed gross immorality warranting removal from the practice of law (disbarment).
- Whether Atty. Karen E. Baydo committed gross immorality warranting discipl...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)