SCRA Perez V Catindig

2/18/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 752
A.C. No. 5816. March 10, 2015.*
DR. ELMAR O. PEREZ, complainant, vs. ATTY. TRISTAN A.

CATINDIG and ATTY. KAREN E. BAYDO, respondents.
Attorneys; Legal Ethics; Gross Immoral Conduct; Disbarment;

Suspension; Section 27, Rule 138 of the Rules of Court provides that a
lawyer may be removed or suspended from the practice of law, inter alia, for
grossly immoral conduct.—In this regard, Section 27, Rule 138 of the Rules
of Court provides that a lawyer may be removed or suspended from the
practice of law, inter alia, for grossly immoral conduct. Thus: Sec. 27.
Attorneys removed or suspended by Supreme Court on what grounds.—A
member of the bar may be removed or suspended from his office as
attorney by the Supreme Court for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral conduct, or by reason of his
conviction of a crime involving moral turpitude, or for any violation of the
oath which he is required to take before the admission to practice, or for a
wilfull disobedience of any lawful order of a superior court, or for corruptly
or willful appearing as an attorney for a party to a case without authority so
to do. The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.
Same; Same; Same; Words and Phrases; Immoral conduct involves
acts that are willful, flagrant, or shameless, and that show a moral
indifference to the opinion of the upright and respectable members of the
community. Immoral conduct is gross when it is so corrupt as to constitute a
criminal act, or so unprincipled as to be reprehensible to a high degree, or
when committed under such scandalous or revolting circumstances as to
shock the community’s sense of decency.—“A lawyer may be suspended or
disbarred for any misconduct showing any fault or deficiency in his moral
character, honesty, probity or good demeanor.” Immoral conduct involves
acts that are willful, flagrant, or shameless, and that show a moral
indifference to the opinion of the upright and respectable members of the
community. Immoral conduct is gross when it is so corrupt as to constitute a
_______________
* EN BANC.
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Perez vs. Catindig
criminal act, or so unprincipled as to be reprehensible to a high degree,

or when committed under such scandalous or revolting circumstances as to
shock the community’s sense of decency. The Court makes these
distinctions, as the supreme penalty of disbarment arising from conduct
requires grossly immoral, not simply immoral, conduct.
Same; Same; Same; Considering that Atty. Catindig knew that his
previous marriage remained valid, the logical conclusion is that he wanted
to marry Dr. Perez in the United States of America (USA) for the added
security of avoiding any charge of bigamy by entering into the subsequent
marriage outside Philippine jurisdiction.—From his own admission, Atty.
Catindig knew that the divorce decree he obtained from the court in the
Dominican Republic was not recognized in our jurisdiction as he and
Gomez were both Filipino citizens at that time. He knew that he was still
validly married to Gomez; that he cannot marry anew unless his previous
marriage be properly declared a nullity. Otherwise, his subsequent marriage
would be void. This notwithstanding, he still married Dr. Perez. The
foregoing circumstances seriously taint Atty. Catindig’s sense of social
propriety and moral values. It is a blatant and purposeful disregard of our
laws on marriage. It has also not escaped the attention of the Court that Atty.
Catindig married Dr. Perez in the USA. Considering that Atty. Catindig
knew that his previous marriage remained valid, the logical conclusion is
that he wanted to marry Dr. Perez in the USA for the added security of
avoiding any charge of bigamy by entering into the subsequent marriage
outside Philippine jurisdiction. Moreover, assuming arguendo that Atty.
Catindig’s claim is true, it matters not that Dr. Perez knew that their
marriage is a nullity. The fact still remains that he resorted to various legal
strategies in order to render a facade of validity to his otherwise invalid
marriage to Dr. Perez. Such act is, at the very least, so unprincipled that it is
reprehensible to the highest degree.
Same; Same; Same; The Supreme Court’s (SC’s) finding of gross
immoral conduct is hinged not on Atty. Catindig’s desertion of Dr. Perez, but
on his contracting of a subsequent marriage during the subsistence of his
previous marriage to Gomez.—While the fact that Atty. Catindig decided to
separate from Dr. Perez to pursue Atty. Baydo, in itself, cannot be
considered a grossly immoral conduct, such fact forms part of the pattern
showing his propensity towards
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Perez vs. Catindig
immoral conduct. Lest it be misunderstood, the Court’s finding of gross

immoral conduct is hinged not on Atty. Catindig’s desertion of Dr. Perez,
but on his contracting of a subsequent marriage during the subsistence of his
previous marriage to Gomez.
Same; Same; Same; Disbarment; The Supreme Court (SC) has held
that disbarment is warranted when a lawyer abandons his lawful wife and
maintains an illicit relationship with another woman who has borne him a
child.—“The moral delinquency that affects the fitness of a member of the
bar to continue as such includes conduct that outrages the generally
accepted moral standards of the community, conduct for instance, which
makes ‘a mockery of the inviolable social institution of marriage.’” In
various cases, the Court has held that disbarment is warranted when a
lawyer abandons his lawful wife and maintains an illicit relationship with
another woman who has borne him a child.
Same; Same; Same; Atty. Catindig’s subsequent marriage during the
subsistence of his previous one definitely manifests a deliberate disregard of
the sanctity of marriage and the marital vows protected by the Constitution
and affirmed by our laws.—Atty. Catindig’s subsequent marriage during the
subsistence of his previous one definitely manifests a deliberate disregard of
the sanctity of marriage and the marital vows protected by the Constitution
and affirmed by our laws. By his own admission, Atty. Catindig made a
mockery out of the institution of marriage, taking advantage of his legal
skills in the process. He exhibited a deplorable lack of that degree of
morality required of him as a member of the bar, which thus warrant the
penalty of disbarment.
Same; Same; Same; Disbarment; Where a lesser penalty, such as
temporary suspension, could accomplish the end desired, disbarment should
never be decreed. Nevertheless, in this case, the seriousness of the offense
compels the Court to wield its power to disbar, as it appears to be the most
appropriate penalty.—The Court is not unmindful of the rule that the power
to disbar must be exercised with great caution, and only in a clear case of
misconduct that seriously affects the standing and character of the lawyer as
an officer of the Court and as a member of the bar. Where a lesser penalty,
such as temporary suspension, could accomplish the end desired, disbarment
should never be decreed. Nevertheless, in this case, the seriousness
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Perez vs. Catindig
of the offense compels the Court to wield its power to disbar, as it

appears to be the most appropriate penalty.
Same; Suspension; Disbarment; Evidence; Preponderance of
Evidence; The evidence required in suspension or disbarment proceedings is
preponderance of evidence.—The Court has consistently held that in
suspension or disbarment proceedings against lawyers, the lawyer enjoys

the presumption of innocence, and the burden of proof rests upon the
complainant to prove the allegations in his complaint. The evidence required
in suspension or disbarment proceedings is preponderance of evidence. The
presentation of the anonymous letter that was received by Dr. Perez only
proves that the latter indeed received a letter informing her of the alleged
relations between the respondents; it does not prove the veracity of the
allegations therein. Similarly, the supposed love letter, if at all, only proves
that Atty. Catindig wrote Atty. Baydo a letter professing his love for her. It
does not prove that Atty. Baydo is indeed in a relationship with Atty.
Catindig.
ADMINISTRATIVE CASE in the Supreme Court. Disbarment.

The facts are stated in the opinion of the Court.
Jose Arturo R. Natividad for complainant.
Jose Miguel C. Palarca for respondent Catindig.
Jacinto, Baydo, Magtanong & Uy for respondent Baydo.
PER CURIAM:
Before the Court is an administrative complaint1 for disbarment

filed by Dr. Elmar O. Perez (Dr. Perez) with the Office of the Bar
Confidant on August 27, 2002 against Atty. Tristan A. Catindig
(Atty. Catindig) and Atty. Karen E. Baydo (Atty. Baydo)
(respondents) for gross immorality and violation of the Code of
Professional Responsibility.
_______________
1 Rollo, pp. 1-23.
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Perez vs. Catindig
The Facts
In her complaint, Dr. Perez alleged that she and Atty. Catindig
had been friends since the mid-1960’s when they were both students
at the University of the Philippines, but they lost touch after their
graduation. Sometime in 1983, the paths of Atty. Catindig and Dr.
Perez again crossed. It was at that time that Atty. Catindig started to
court Dr. Perez.2
Atty. Catindig admitted to Dr. Perez that he was already wed to
Lily Corazon Gomez (Gomez), having married the latter on May 18,
1968 at the Central Methodist Church in Ermita, Manila, which was
followed by a Catholic wedding at the Shrine of Our Lady of

Lourdes in Quezon City.3 Atty. Catindig however claimed that he
only married Gomez because he got her pregnant; that he was afraid
that Gomez would make a scandal out of her pregnancy should he
refuse to marry her, which could have jeopardized his scholarship in
the Harvard Law School.4
Atty. Catindig told Dr. Perez that he was in the process of
obtaining a divorce in a foreign country to dissolve his marriage to
Gomez, and that he would eventually marry her once the divorce
had been decreed. Consequently, sometime in 1984, Atty. Catindig
and Gomez obtained a divorce decree from the Dominican Republic.
Dr. Perez claimed that Atty. Catindig assured her that the said
divorce decree was lawful and valid and that there was no longer
any impediment to their marriage.5
Thus, on July 14, 1984, Atty. Catindig married Dr. Perez in the
State of Virginia in the United States of America (USA). Their union
was blessed with a child whom they named Tristan Jegar Josef
Frederic.6
_______________
2 Id., at p. 2.
3 Id., at p. 35.
4 Id., at pp. 2-3.
5 Id., at pp. 3-4.
6 Id., at p. 4.
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Perez vs. Catindig
Years later, Dr. Perez came to know that her marriage to Atty.
Catindig is a nullity since the divorce decree that was obtained from
the Dominican Republic by the latter and Gomez is not recognized
by Philippine laws. When she confronted Atty. Catindig about it, the
latter allegedly assured Dr. Perez that he would legalize their union
once he obtains a declaration of nullity of his marriage to Gomez
under the laws of the Philippines. He also promised to legally adopt
their son.7
Sometime in 1997, Dr. Perez reminded Atty. Catindig of his
promise to legalize their union by filing a petition to nullify his
marriage to Gomez. Atty. Catindig told her that he would still have
to get the consent of Gomez to the said petition.8
Sometime in 2001, Dr. Perez alleged that she received an
anonymous letter9 in the mail informing her of Atty. Catindig’s
scandalous affair with Atty. Baydo, and that sometime later, she
came upon a love letter10 written and signed by Atty. Catindig for
Atty. Baydo dated April 25, 2001. In the said letter, Atty. Catindig
professed his love to Atty. Baydo, promising to marry her once his
“impediment is removed.” Apparently, five months into their
relationship, Atty. Baydo requested Atty. Catindig to put a halt to
their affair until such time that he is able to obtain the annulment of
his marriage. On August 13, 2001, Atty. Catindig filed a petition to
declare the nullity of his marriage to Gomez.11
On October 31, 2001, Atty. Catindig abandoned Dr. Perez and
their son; he moved to an upscale condominium in Salcedo Village,
Makati City where Atty. Baydo was frequently seen.12
_______________
7 Id.
8 Id., at pp. 4-5.
9 Id., at p. 43.
10 Id., at p. 44.
11 Id., at pp. 16-18.
12 Id., at p. 18.
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In a Resolution13 dated October 9, 2002, the Court directed the

respondents to file their respective comments, which they separately
did on November 25, 2002.14
Atty. Catindig, in his Comment,15 admitted that he married
Gomez on May 18, 1968. He claimed, however, that immediately
after the wedding, Gomez showed signs that she was incapable of
complying with her marital obligations, as she had serious intimacy
problems; and that while their union was blessed with four children,
their relationship simply deteriorated.
Eventually, their irreconcilable differences led to their de facto
separation in 1984. They then consulted Atty. Wilhelmina Joven
(Atty. Joven), a mutual friend, on how the agreement to separate and
live apart could be implemented. Atty. Joven suggested that the
couple adopt a property regime of complete separation of property.
She likewise advised the couple to obtain a divorce decree from the
Dominican Republic for whatever value it may have and comfort it
may provide them.16
Thus, on April 27, 1984, Atty. Catindig and Gomez each
executed a Special Power of Attorney addressed to a Judge of the
First Civil Court of San Cristobal, Dominican Republic, appointing
an attorney-in-fact to institute a divorce action under its laws. Atty.
Catindig likewise admitted that a divorce by mutual consent was
ratified by the Dominican Republic court on June 12, 1984. Further,
Atty. Catindig and Gomez filed a Joint Petition for Dissolution of

Conjugal Partnership before the Regional Trial Court of Makati City,
Branch 133, which was granted on June 23, 1984.17
_______________
13 Id., at p. 62.
14 Id., at pp. 75-83; 86-99.
15 Id., at pp. 75-83.
16 Id., at p. 76.
17 Id., at pp. 76-77.
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Perez vs. Catindig
Atty. Catindig claimed that Dr. Perez knew of the foregoing,

including the fact that the divorce decreed by the Dominican
Republic court does not have any effect in the Philippines.
Notwithstanding that she knew that the marriage of Atty. Catindig
and Gomez still subsisted, Dr. Perez demanded that Atty. Catindig
marry her. Thus, Atty. Catindig married Dr. Perez in July 1984 in the
USA.18
Atty. Catindig claimed that Dr. Perez knew that their marriage
was not valid since his previous marriage to Gomez was still
subsisting, and that he only married Dr. Perez because he loved her
and that he was afraid of losing her if he did not. He merely desired
to lend a modicum of legitimacy to their relationship.19
Atty. Catindig claimed that his relationship with Dr. Perez turned
sour. Eventually, he left their home in October 2001 to prevent any
acrimony from developing.20
He denied that Atty. Baydo was the reason that he left Dr. Perez,
claiming that his relationship with Dr. Perez started to fall apart as
early as 1997. He asserted that Atty. Baydo joined his law firm only
in September 1999; and that while he was attracted to her, Atty.
Baydo did not reciprocate and in fact rejected him. He likewise
pointed out that Atty. Baydo resigned from his firm in January
2001.21
For her part, Atty. Baydo denied that she had an affair with Atty.
Catindig. She claimed that Atty. Catindig began courting her while
she was employed in his firm. She, however, rejected Atty.
Catindig’s romantic overtures; she told him that she could not
reciprocate his feelings since he was married and that he was too old
for her. She said that despite
_______________
18 Id., at pp. 77-78.

19 Id., at p. 78.
20 Id.
21 Id., at pp. 78-79.
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being turned down, Atty. Catindig still pursued her, which was
the reason why she resigned from his law firm.22
On January 29, 2003, the Court referred the case to the Integrated
Bar of the Philippines (IBP) for investigation, report and
recommendation within 90 days from notice.23
On June 2, 2003, the IBP’s Commission on Bar Discipline
(CBD) issued an Order24 setting the mandatory conference of the
administrative case on July 4, 2003, which was later reset to August
29, 2003. During the conference, the parties manifested that they
were already submitting the case for resolution based on the
pleadings already submitted. Thereupon, the IBP-CBD directed the
parties to submit their respective position papers within 10 days
from notice. Respondents Atty. Catindig and Atty. Baydo filed their
position papers on October 17, 200325 and October 20, 2003,26
respectively. Dr. Perez filed her position paper27 on October 24,
2003.
Findings of the IBP Investigating Commissioner
On May 6, 2011, after due proceedings, the Investigating

Commissioner of the IBP-CBD issued a Report and
Recommendation,28 which recommended the disbarment of Atty.
Catindig for gross immorality, violation of Rule 1.01, Canon 7 and
Rule 7.03 of the Code of Professional Responsibility. The
Investigating Commissioner pointed out that Atty. Catindig’s act of
marrying Dr. Perez despite knowing fully well that his previous
marriage to Gomez still subsisted was a grossly immoral and illegal
conduct, which warrants the ultimate
_______________
22 Id., at p. 90.
23 Id., at pp. 116-117.
24 Id., at pp. 176-177.
25 Id., at pp. 454-468.
26 Id., at pp. 469-479.
27 Id., at pp. 480-500.
28 Id., at pp. 571-593.
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Perez vs. Catindig
penalty of disbarment. The Investigating Commissioner further

opined that:
In this case, the undisputed facts gathered from the evidence and the
admissions of Atty. Catindig established a pattern of grossly immoral
conduct that warrants fustigation and his disbarment. His conduct was not
only corrupt or unprincipled; it was reprehensible to the highest degree.
There is no dichotomy of morality. A lawyer and a professor of law, both
in his official and personal conduct, must display exemplary behavior.
Respondent’s bigamous marriage and his proclivity for extramarital
adventurism have definitely caused damage to the legal and teaching
professions. How can he hold his head up high and expect his students, his
peers and the community to look up to him as a model worthy of emulation
when he failed to follow the tenets of morality? In contracting a second
marriage notwithstanding knowing fully well that he has a prior valid
subsisting marriage, Atty. Catindig has made a mockery of an otherwise
inviolable institution, a serious outrage to the generally accepted moral
standards of the community.29
On the other hand, the Investigating Commissioner

recommended that the charge against Atty. Baydo be dismissed for
dearth of evidence; Dr. Perez failed to present clear and
preponderant evidence in support of the alleged affair between the
respondents.
Findings of the IBP Board of Governors
On December 10, 2011, the IBP-Board of Governors issued a

Resolution,30 which adopted and approved the recommendation of
the Investigating Commissioner.
_______________
29 Id., at pp. 587-588.

30 Id., at pp. 569-570.
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Atty. Catindig sought a reconsideration31 of the December 10,

2011 Resolution of the IBP-Board of Governors, claiming that the
Investigating Commissioner erred in relying solely on Dr. Perez’s
uncorroborated allegations. He pointed out that, under Section 1 of
Rule 139-B of the Rules of Court, a complaint for disbarment must
be supported by affidavits of persons having knowledge of the facts
therein alleged and/or by such documents as may substantiate said
facts. He said that despite the absence of any corroborating
testimony, the Investigating Commissioner gave credence to Dr.
Perez’ testimony.
He also claimed that he had absolutely no intention of
committing any felony; that he never concealed the status of his
marriage from anyone. In fact, Atty. Catindig asserted that he had
always been transparent with both Gomez and Dr. Perez.
The IBP-Board of Governors, in its Resolution32 dated December
29, 2012, denied Atty. Catindig’s motion for reconsideration.
The Issue
The issue in this case is whether the respondents committed gross

immorality, which would warrant their disbarment.
Ruling of the Court
After a thorough perusal of the respective allegations of the

parties and the circumstances of this case, the Court agrees with the
findings and recommendations of the Investigating Commissioner
and the IBP-Board of Governors.
The Code of Professional Responsibility provides:
_______________
31 Id., at pp. 594-610.

32 Id., at p. 627.
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Perez vs. Catindig
Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral

or deceitful conduct.
Canon 7 – A lawyer shall at all times uphold the integrity and dignity of
the legal profession and support the activities of the Integrated Bar.
Rule 7.03 – A lawyer shall not engage in conduct that adversely reflects
on his fitness to practice law, nor should he, whether in public or private
life, behave in a scandalous manner to the discredit of the legal profession.
In Arnobit v. Atty. Arnobit,33 the Court held:
[T]he requirement of good moral character is of much greater import, as

far as the general public is concerned, than the possession of legal learning.
Good moral character is not only a condition precedent for admission to the
legal profession, but it must also remain intact in order to maintain one’s
good standing in that exclusive and honored fraternity. Good moral
character is more than just the absence of bad character. Such character
expresses itself in the will to do the unpleasant thing if it is right and the
resolve not to do the pleasant thing if it is wrong. This must be so because
“vast interests are committed to his care; he is the recipient of unbounded
trust and confidence; he deals with his client’s property, reputation, his life,
his all.”34 (Citation omitted)
In this regard, Section 27, Rule 138 of the Rules of Court

provides that a lawyer may be removed or suspended from the
practice of law, inter alia, for grossly immoral conduct. Thus:
Sec. 27. Attorneys removed or suspended by Supreme Court on what

grounds.—A member of the bar may be removed or suspended from his
office as attorney
_______________
33 590 Phil. 270; 569 SCRA 247 (2008).

34 Id., at p. 276; p. 252. See also Cordon v. Balicanta, 439 Phil. 95, 115-116; 390
SCRA 299, 316 (2002).
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by the Supreme Court for any deceit, malpractice, or other gross

misconduct in such office, grossly immoral conduct, or by reason of his
conviction of a crime involving moral turpitude, or for any violation of the
oath which he is required to take before the admission to practice, or for a
wilfull disobedience of any lawful order of a superior court, or for corruptly
or willful appearing as an attorney for a party to a case without authority so
to do. The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.
(Emphasis ours)
“A lawyer may be suspended or disbarred for any misconduct

showing any fault or deficiency in his moral character, honesty,
probity or good demeanor.”35 Immoral conduct involves acts that are
willful, flagrant, or shameless, and that show a moral indifference to
the opinion of the upright and respectable members of the
community. Immoral conduct is gross when it is so corrupt as to
constitute a criminal act, or so unprincipled as to be reprehensible to
a high degree, or when committed under such scandalous or
revolting circumstances as to shock the community’s sense of
decency. The Court makes these distinctions, as the supreme penalty
of disbarment arising from conduct requires grossly immoral, not
simply immoral, conduct.36
Contracting a marriage during the subsistence of a previous one

amounts to a grossly immoral conduct.
The facts gathered from the evidence adduced by the parties and,
ironically, from Atty. Catindig’s own admission,
_______________
35 Donato v. Asuncion, Sr., 468 Phil. 329, 335; 424 SCRA 199, 203 (2004).
36 See Garrido v. Garrido, 625 Phil. 347, 358; 611 SCRA 508, 518 (2010).
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Perez vs. Catindig
indeed establish a pattern of conduct that is grossly immoral; it is

not only corrupt and unprincipled, but reprehensible to a high
degree.
Atty. Catindig was validly married to Gomez twice — a wedding
in the Central Methodist Church in 1968, which was then followed
by a Catholic wedding. In 1983, Atty. Catindig started pursuing Dr.
Perez when their paths crossed again. Curiously, 15 years into his
first marriage and four children after, Atty. Catindig claimed that his
first marriage was then already falling apart due to Gomez’ serious
intimacy problems.
A year after pursuing Dr. Perez, Atty. Catindig had a de facto
separation from Gomez, dissolved their conjugal partnership of
gains, obtained a divorce decree from a court in the Dominican
Republic, and married Dr. Perez in the USA all in the same year.
Atty. Catindig was so enchanted with Dr. Perez at that time that he
moved heaven and earth just so he could marry her right away — a
marriage that has at least a semblance of legality.
From his own admission, Atty. Catindig knew that the divorce
decree he obtained from the court in the Dominican Republic was
not recognized in our jurisdiction as he and Gomez were both

Filipino citizens at that time. He knew that he was still validly
married to Gomez; that he cannot marry anew unless his previous
marriage be properly declared a nullity. Otherwise, his subsequent
marriage would be void. This notwithstanding, he still married Dr.
Perez. The foregoing circumstances seriously taint Atty. Catindig’s
sense of social propriety and moral values. It is a blatant and
purposeful disregard of our laws on marriage.
It has also not escaped the attention of the Court that Atty.
Catindig married Dr. Perez in the USA. Considering that Atty.
Catindig knew that his previous marriage remained valid, the logical
conclusion is that he wanted to marry Dr. Perez in the USA for the
added security of avoiding any
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charge of bigamy by entering into the subsequent marriage

outside Philippine jurisdiction.
Moreover, assuming arguendo that Atty. Catindig’s claim is true,
it matters not that Dr. Perez knew that their marriage is a nullity. The
fact still remains that he resorted to various legal strategies in order
to render a facade of validity to his otherwise invalid marriage to Dr.
Perez. Such act is, at the very least, so unprincipled that it is
reprehensible to the highest degree.
Further, after 17 years of cohabiting with Dr. Perez, and despite
the various legal actions he resorted to in order to give their union a
semblance of validity, Atty. Catindig left her and their son. It was
only at that time that he finally decided to properly seek the nullity
of his first marriage to Gomez. Apparently, he was then already
entranced with the much younger Atty. Baydo, an associate lawyer
employed by his firm.
While the fact that Atty. Catindig decided to separate from Dr.
Perez to pursue Atty. Baydo, in itself, cannot be considered a grossly
immoral conduct, such fact forms part of the pattern showing his
propensity towards immoral conduct. Lest it be misunderstood, the
Court’s finding of gross immoral conduct is hinged not on Atty.
Catindig’s desertion of Dr. Perez, but on his contracting of a
subsequent marriage during the subsistence of his previous marriage
to Gomez.
“The moral delinquency that affects the fitness of a member of
the bar to continue as such includes conduct that outrages the
generally accepted moral standards of the community, conduct for
instance, which makes ‘a mockery of the inviolable social institution
of marriage.’”37 In various cases, the Court has held that disbarment
is warranted when a
_______________
37 See Cordova v. Cordova, 259 Phil. 278; 179 SCRA 680 (1989).
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Perez vs. Catindig
lawyer abandons his lawful wife and maintains an illicit

relationship with another woman who has borne him a child.38
Atty. Catindig’s subsequent marriage during the subsistence of
his previous one definitely manifests a deliberate disregard of the
sanctity of marriage and the marital vows protected by the
Constitution and affirmed by our laws. By his own admission, Atty.
Catindig made a mockery out of the institution of marriage, taking
advantage of his legal skills in the process. He exhibited a
deplorable lack of that degree of morality required of him as a
member of the bar, which thus warrant the penalty of disbarment.
The Court is not unmindful of the rule that the power to disbar
must be exercised with great caution, and only in a clear case of
misconduct that seriously affects the standing and character of the
lawyer as an officer of the Court and as a member of the bar. Where
a lesser penalty, such as temporary suspension, could accomplish the
end desired, disbarment should never be decreed. Nevertheless, in
this case, the seriousness of the offense compels the Court to wield
its power to disbar, as it appears to be the most appropriate penalty.
Atty. Catindig’s claim that Dr. Perez’s allegations against him are
not credible since they are uncorroborated and not supported by
affidavits contrary to Section 1, Rule 139-B of the Rules of Court,
deserves scant consideration. Verily, Atty. Catindig himself admitted
in his pleadings that he indeed married Dr. Perez in 1984 while his
previous marriage with Gomez still subsisted. Indubitably, such
admission provides ample basis for the Court to render disciplinary
sanction against him.
_______________
38 See Tucay v. Tucay, 376 Phil. 336; 318 SCRA 229 (1999); Narag v. Narag,
353 Phil. 643, 663; 291 SCRA 451, 472 (1998); Obusan v. Obusan, Jr., 213 Phil. 437,
440; 128 SCRA 485, 487 (1984).
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There is insufficient evidence to prove the affair between the

respondents.
The Court likewise agrees with the Investigating Commissioner

that there is a dearth of evidence to prove the claimed amorous
relationship between the respondents. As it is, the evidence that was
presented by Dr. Perez to prove her claim was mere allegation, an
anonymous letter informing her that the respondents were indeed
having an affair and the purported love letter to Atty. Baydo that was
signed by Atty. Catindig.
The Court has consistently held that in suspension or disbarment
proceedings against lawyers, the lawyer enjoys the presumption of
innocence, and the burden of proof rests upon the complainant to
prove the allegations in his complaint. The evidence required in
suspension or disbarment proceedings is preponderance of
evidence.39
The presentation of the anonymous letter that was received by
Dr. Perez only proves that the latter indeed received a letter
informing her of the alleged relations between the respondents; it
does not prove the veracity of the allegations therein. Similarly, the
supposed love letter, if at all, only proves that Atty. Catindig wrote
Atty. Baydo a letter professing his love for her. It does not prove that
Atty. Baydo is indeed in a relationship with Atty. Catindig.
WHEREFORE, in consideration of the foregoing disquisitions,
the Court resolves to ADOPT the recommendations of the
Commission on Bar Discipline of the Integrated Bar of the
Philippines. Atty. Tristan A. Catindig is found GUILTY of gross
immorality and of violating the Lawyer’s Oath and Rule 1.01,
Canon 7 and Rule 7.03 of the Code of Professional Re-
_______________
39 See Aba v. De Guzman, Jr., A.C. No. 7649, December 14, 2011, 662 SCRA
361, 372.
202

Perez vs. Catindig
sponsibility and is hereby DISBARRED from the practice of

law.
Let a copy of this Decision be entered into the records of Atty.
Tristan A. Catindig in the Office of the Bar Confidant and his name
is ORDERED STRICKEN from the Roll of Attorneys. Likewise,
copies of this Decision shall be furnished to the Integrated Bar of the
Philippines and circulated by the Court Administrator to all
appellate and trial courts.
The charge of gross immorality against Atty. Karen E. Baydo is

hereby DISMISSED for lack of evidence.
This Decision takes effect immediately.
SO ORDERED.
Sereno (CJ.), Carpio, Velasco, Jr., Leonardo-De Castro, Brion,

Peralta, Bersamin, Del Castillo, Villarama, Jr., Perez, Mendoza,
Reyes, Perlas-Bernabe and Leonen, JJ., concur.
Jardeleza, J., No part, respondent Catindig was colleague in
faculty.
Atty. Tristan A. Catindig disbarred from practice of law for

immorality and for violation of Lawyer’s Oath and Rule 1.01, Canon
7 and Rule 7.03 of Code of Professional Responsibility.
Notes.—Gross immorality, conviction of a crime involving moral

turpitude, or fraudulent transactions can justify a lawyer’s
disbarment or suspension from the practice of law. (Embido vs. Pe,
Jr., 708 SCRA 1 [2013])
Respondent’s act of contracting a second marriage while his first
marriage is subsisting constituted grossly immoral conduct and are
grounds for disbarment under Section 27, Rule 138 of the Revised
Rules of Court. (Bunagan-Bansig vs. Celera, 713 SCRA 158 [2014])
——o0o——
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2/18/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 752

A.C. No. 5816. March 10, 2015.*

DR. ELMAR O. PEREZ, complainant, vs. ATTY. TRISTAN A.

Attorneys; Legal Ethics; Gross Immoral Conduct; Disbarment;

186 SUPREME COURT REPORTS ANNOTATED

Perez vs. Catindig

criminal act, or so unprincipled as to be reprehensible to a high degree,

VOL. 752, MARCH 10, 2015 187

immoral conduct. Lest it be misunderstood, the Court’s finding of gross

188 SUPREME COURT REPORTS ANNOTATED

of the offense compels the Court to wield its power to disbar, as it

suspension or disbarment proceedings against lawyers, the lawyer enjoys

ADMINISTRATIVE CASE in the Supreme Court. Disbarment.

Before the Court is an administrative complaint1 for disbarment

1 Rollo, pp. 1-23.

VOL. 752, MARCH 10, 2015 189

followed by a Catholic wedding at the Shrine of Our Lady of

190 SUPREME COURT REPORTS ANNOTATED

VOL. 752, MARCH 10, 2015 191

In a Resolution13 dated October 9, 2002, the Court directed the

Atty. Catindig and Gomez filed a Joint Petition for Dissolution of

192 SUPREME COURT REPORTS ANNOTATED

Atty. Catindig claimed that Dr. Perez knew of the foregoing,

18 Id., at pp. 77-78.

VOL. 752, MARCH 10, 2015 193

Findings of the IBP Investigating Commissioner

On May 6, 2011, after due proceedings, the Investigating

194 SUPREME COURT REPORTS ANNOTATED

penalty of disbarment. The Investigating Commissioner further

On the other hand, the Investigating Commissioner

Findings of the IBP Board of Governors

On December 10, 2011, the IBP-Board of Governors issued a

29 Id., at pp. 587-588.

VOL. 752, MARCH 10, 2015 195

Atty. Catindig sought a reconsideration31 of the December 10,

The issue in this case is whether the respondents committed gross

Ruling of the Court

After a thorough perusal of the respective allegations of the

31 Id., at pp. 594-610.

196 SUPREME COURT REPORTS ANNOTATED

Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral

In Arnobit v. Atty. Arnobit,33 the Court held:

[T]he requirement of good moral character is of much greater import, as

In this regard, Section 27, Rule 138 of the Rules of Court

Sec. 27. Attorneys removed or suspended by Supreme Court on what

33 590 Phil. 270; 569 SCRA 247 (2008).

VOL. 752, MARCH 10, 2015 197

by the Supreme Court for any deceit, malpractice, or other gross

“A lawyer may be suspended or disbarred for any misconduct

Contracting a marriage during the subsistence of a previous one

198 SUPREME COURT REPORTS ANNOTATED

indeed establish a pattern of conduct that is grossly immoral; it is

not recognized in our jurisdiction as he and Gomez were both

VOL. 752, MARCH 10, 2015 199

charge of bigamy by entering into the subsequent marriage

200 SUPREME COURT REPORTS ANNOTATED

lawyer abandons his lawful wife and maintains an illicit

VOL. 752, MARCH 10, 2015 201

There is insufficient evidence to prove the affair between the