Title
IN RE: Ildefonso Suerte
Case
A.C. No. 9871
Decision Date
Jun 29, 2016
A lawyer filed two petitions for marriage dissolution, concealing the first's pendency, committing forum shopping, and violating professional ethics, resulting in a six-month suspension.
A

Case Summary (A.C. No. 9871)

Facts of the Case

Castro-Roa was married to Mr. Rocky Rommel D. Roa on March 30, 1993, and they had two children. On June 5, 2000, she filed a Petition for Declaration of Nullity of Marriage (the "First Petition") citing psychological incapacity under Article 36 of the Family Code, in RTC Branch 56, Mandaue City. This petition was granted by RTC Branch 56 on April 24, 2001, but the Office of the Solicitor General appealed the decision. The Court of Appeals (CA) subsequently found irregularities in the trial and remanded the case back to RTC Branch 56 for further proceedings.

While the First Petition was still pending, Castro-Roa filed a second Petition for Annulment of Marriage (the "Second Petition") on November 20, 2003, in RTC Branch 60, based on fraud related to drug addiction and habitual alcoholism, without disclosing the First Petition. RTC Branch 60 granted her Second Petition on January 26, 2004, declaring her marriage null and void. RTC Branch 56 eventually granted her Motion to Dismiss the First Petition on March 10, 2004.

Charges and Initial Findings

On August 10, 2004, a letter-complaint was filed against Castro-Roa alleging perjury, falsification of public documents, and grave misconduct for failing to disclose the First Petition's pendency in the Second Petition's verification document. The Ombudsman found her guilty of grave misconduct related to perjury and meted a three-month suspension. However, the criminal charges of perjury were dismissed by the Municipal Trial Court (MTC) on March 8, 2011. Castro-Roa appealed the Ombudsman decision to the CA, which granted her appeal on November 29, 2013, determining that a conviction in the criminal case was necessary before proceeding with administrative actions.

Proceedings with the Integrated Bar of the Philippines (IBP)

On October 26, 2006, the IBP initiated proceedings regarding Castro-Roa's fitness to practice law, following the Supreme Court's directive. In her comment to the IBP, she argued that the two petitions involved separate issues. The IBP Board later found her guilty of violating several Canons and Rules of the Code of Professional Responsibility relating to forum shopping and recommended a one-year suspension from practice.

Court's Ruling

The Supreme Court upheld the IBP's findings of forum shopping, clarifying that forum shopping involves initiating multiple proceedings in different courts based on the same essential facts but with slight variations in legal grounds. The Court noted that both petitions, although invoking different grounds, were rooted in the same essential facts concerning her marriage. Consequently,

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