DR.

PEREZ V ATTY CATINDIG

AC 5816 MARCH 10, 2015

FACTS:
Dr Perez and Atty Catindig had a relationship while Atty. Catindigs marriage
with Lily Gomez still subsists. Both have been friends during the mid 1960s, lost contact
and after 23 years, they meet again. It was all the while known to Dr. Perez that Atty.
Catindig is still married however, Atty Catindig claims that he only married Gomez
because he got her pregnant and he dont want her to make any scandal about the
pregnancy. Atty. Catindig and Gomez agreed to have their divorce and it took place at
Dominican Republic. Thereafter, after securing the Divorce Decree and confirming with
Dr. Perez that it was lawful, they exchanged their vows in the US and they begot 1 child.
Years passed and Dr. Perez learned that the status of her marriage with Atty Catindig
remains invalid because Philippine Law does not recognize the divorce decree obtained
from Dominican Republic. Atty Catindig made promises with Dr Perez that he will
legalize their unions but eventually there were sudden change of events. Their
relationship turned sour and Dr. Perez found out that Atty Catindig is having an affair
with a certain Atty. Baydo who was also employed in his law firm. Soon after, Atty
Catindig abandoned Dr. Perez and made promise to Atty Baydo that he will marry her.
Atty Baydo on the other hand, denied their steaming affair. The case was referred to the
IBP for investigation. The IBP investigating commissioner recommended the disbarment
of Atty. Catindig for gross immorality in violation of Rule 1.01, Canon 7 and Rule 7.03
of the CPR. The IBP-BOG adopted and approved the recommendation of the IBP
Investigating Commissioner. Atty. Catindig, claiming that the Investigating
Commissioner relied only on Dr. Perez allegations and not substantiated with factual
pieces of evidence. Moreover, he claims that he never concealed his marriage to anyone
and he had been transparent to Gomez and Dr. Perez. The IBP-BOG denied the motion.

ISSUE:
Whether or not Atty. Catindig committed gross immorality that would warrant
disbarment?

RULING:
Yes. The court affirmed the recommendations of the IBP. The rule provides that a
lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct and that at
all times a lawyer shall uphold his integrity and dignity. The act must not only be
immoral but it must be gross to warrant disbarment. In the case at bar, Atty. Catindigs
marriage with Dr. Perez while his marriage with Gomez still subsists manifest a
deliberate disregard of the sanctity of marriage and marital vows, which is protected by
the Constitution and affirmed by our laws. Therefore, warrants the penalty of disbarment.