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Eduardo M. Cojuangco, Jr., complainant Respondent admits that he married Luisa in Hongkong
versus Atty. Leo J. Palma, respondent. representing himself as a bachelor; however, he
Adm. Case No. 2474 September 15, 2004 claimed that the marriage certificate stated a condition
no different from the term “spinster” with respect to
Luisa. There is no question that respondent as a lawyer
Facts: well versed in the law knew fully well that in marrying
Maria Luisa he was entering into a bigamous
Eduardo Cojuangco, Jr. filed with this Court the marriage defined and penalized under Article 349 of
instant complaint for disbarment against Atty. Leo J. the Revised Penal Code.
Palma, alleging as grounds deceit, malpractice, gross
misconduct in office, violation of his oath as a lawyer The ringing truth in this case is that respondent
and grossly immoral conduct. married Lisa while he has a subsisting marriage with
Elizabeth Hermosisima. The Certification from the
Complainant was a client of Angara Concepcion Regala Local Civil Registrar of Cebu City shows that he
and Cruz Law Offices (ACCRA) and respondent was the married Elizabeth on December 19, 1971 at the
lawyer assigned to handle his cases. He hired Cardial’s Private Chapel, Cebu City. On the other hand,
respondent as his personal counsel. Consequently, the Certificate of Marriage from the Deputy Registrar
respondent’s relationship with complainant became of Marriages in Hongkong proves respondent’s
intimate. On June 22, without the knowledge of subsequent marriage with Lisa on July 9, 1982. That
complainant’s family, respondent married Lisa, the Elizabeth was alive at the time of respondent’s second
complainant’s daughter in Hongkong. Complainant marriage was confirmed. In particular, he made a
came to know that, a) on the date of the supposed mockery of marriage which is a sacred institution
marriage, respondent requested from his demanding respect and dignity. His act of contracting
(complainant’s) office and airplane ticket to and from a second marriage is contrary to honesty, justice,
Australia, with stop-over in Hongkong; b) respondent decency and morality.
misrepresented himself as bachelor in the Hongkong Respondent justified his conduct by professing he
authorities to facilitate his marriage with Lisa; and c) really loved Lisa and since he married her, he cannot
respondent was married to Elizabeth Hermosisima and be charged with immorality. His reasoning shows a
has three children. Complainant filed for the distorted mind and a brazen regard on the sanctity of
declaration of nullity of the marriage between marriage. In such relationship, the man and woman
respondent and Lisa. The complainant contented that are obliged to live together, observe mutual respect and
with the moral ascendancy of the respondent over fidelity. How could respondent perform these
Maria Luisa and his misrepresentation that there was obligations to Lisa when he was previously married to
no legal impediment or prohibition to his contracting a Elizabeth? If he really loved her, then the noblest thing
second marriage, respondent succeeded in inducing he could have done was to walk away.
and beguiling her into marrying him. Without
complying with the requirements of the Philippine law Furthermore, (not stated in the case) under Article 35
that he should first obtain a judicial declaration of paragraph 3 of the Family Code, “a marriage
nullity of his marriage to Elizabeth H. Palma and that solemnized without a marriage license is void ab initio
the “advice” of Maria Luisa’s parents should first be except those covered by the preceding chapter”.
obtained she being only twenty-two (22) years of age, Though the marriage was solemnized in Hongkong, the
respondent succeeded in contracting marriage with her intrinsic validity of the marriage is governed by the
in Hongkong in June 22, 1992 by falsely representing national law of the contracting parties. In the case
himself before the Hongkong authorities that he is a at bar, since both of the parties are Filipino citizens, the
“bachelor.” validity of their marriage shall be governed by the
Philippine law. Under the Philippine law, absence of
The respondent contented that “….. and that it is the essential and formal requisites of marriage shall
contrary to the natural course of things for an immoral make the marriage void ab initio. Their marriage was
man to marry the woman he sincerely loves.” contracted without the valid marriage license, thus, the
marriage of respondent and Ma. Luisa is void ab initio.
growing business concerns, complainant decided to hire
Fulltext
respondent as his personal counsel.
The practice of law is a privilege accorded only even tutored complainants 22-year old daughter Maria
to those who measure up to certain rigid standards of Luisa Cojuangco (Lisa), then a student of Assumption
candidate to the bar, the Rules of Court not only prescribe Convent.
Eduardo M. Cojuangco, Jr. filed with this Court knowing fully well that respondent is a married man and
the instant complaint for disbarment against Atty. Leo J. has three children. Upon investigation, complainant
Palma, alleging as grounds deceit, malpractice, gross found that respondent courted Lisa during their tutoring
misconduct in office, violation of his oath as a lawyer and sessions. Immediately, complainant sent his two sons to
In the Resolution[7] dated March 2, 1983, we Thereafter, the case was referred to the
referred the case to the Office of the Solicitor General Integrated Bar of the
(OSG) for investigation, report and Philippines Commission on Bar Discipline. On October
recommendation. Former Assistant Solicitor General 19, 1998, Commissioner Julio C. Elamparo issued the
Respondent sought refuge in this Court through that should he fail to appear or present deposition, the
an Urgent Motion for Issuance of a Restraining case will be deemed submitted for
Order.[11] In the Resolution dated December 19, 1984, we resolution.[15] Respondent again failed to appear on
condition no different from term
January 24, 2002; hence, the case was considered spinster with respect to Luisa.
and prestige of the profession and the courts, may at any grossly immoral conduct, a ground for disbarment
time be the subject of inquiry on the part of the proper under Section 27, Rule 138 of the Revised Rules of
respondent was a good lawyer,[19] however, professional This is not the first occasion that we censure
competency alone does not make a lawyer a worthy immorality. Thus, we have somehow come up with a
member of the Bar. Good moral character is always an common definition of what constitutes immoral conduct,
with Lisa on July 9, 1982. That Elizabeth was alive at the Our rulings in the following cases are relevant:
institutions of marriage and family, institutions that this all times is expected of members of the bar. He is,
society looks to for the rearing of our children, for the therefore, disbarred from the practice of law.
(2) In Tucay vs. Tucay,[26] respondent contracted degree of morality expected and required of a member of
marriage with another married woman and left the bar. For this, respondent was disbarred.
years. We ruled that such acts constitute a grossly (6) In Obusan vs. Obusan, Jr.,[30] respondent
immoral conduct and only indicative of an extremely low abandoned his lawful wife and child and resumed
regard for the fundamental ethics of his profession, cohabitation with his former paramour. Here, we ruled
warranting respondents disbarment. that abandoning ones wife and resuming carnal relations
their marriage still valid and subsisting. We held that the The circumstances here speak of a clear case of
act of respondent of contracting the second marriage is betrayal of trust and abuse of confidence. It was
contrary to honesty, justice, decency and morality. Thus, respondents closeness to the complainants family as well
lacking the good moral character required by the Rules of as the latters complete trust in him that made possible his
Court, respondent was disqualified from being admitted intimate relationship with Lisa. When his concern was
Hongkong. He did this without complainants of annulment of marriage has no bearing to the instant
knowledge. Afterwards, he even had the temerity to disbarment proceeding. As we held in In re Almacen,[33] a
assure complainant that everything is legal. Clearly, disbarment case is sui generis for it is neither purely civil
respondent had crossed the limits of propriety and nor purely criminal but is rather an investigation by the
decency. court into the conduct of its officers. Thus, if the acquittal
he could have done was to walk away. The interdict upon lawyers, as inscribed in Rule
that more than anybody else, it is the lawyers -- the of Attorneys immediately. Furnish the Bar Confidant, the
disciples of law -- who are most obliged to venerate the Integrated Bar of the Philippines and all courts
law. As stated in Ex Parte Wall:[37] throughout the country with copies of this Decision.
penalty of disbarment.