Tapucar V Tapucar
Tapucar V Tapucar
Again,
July 30, 1998 | PER CURIAM | Canon 1, CPR despite his dismissal as judge he continued living with Helen which resulted
to the birth of their second child named Laella Pena Tapucar. He then
PETITIONER: Remedios Ramirez- Tapucar completely abandoned his first family.
RESPONDENT: Atty. Lauro L. Tapucar
4. Atty. Tapucar went back to Antipolo bringing Helen and their 2 children
SUMMARY: Ramirez-Tapucar filed a complaint-letter seeking for the with him. This time, they contracted marriage before MTC Judge Isagani
disbarment of Atty. Tapucar on the grounds of continuing grossly immoral Geronimo of Rizal despite the subsisting first marriage.
conduct for cohabiting with his paramour. Atty. Tapucar was once a Judge of CFI
in Butuan City, however, due to his cohabitation with his paramour he was 5. Ramirez-Tapucar had migrated to United States, however, her children
suspended, and eventually dismissed from service. Despite these sanctions, he kept updating her about their dad. Their children have reported the misery
continued living with his paramous and their children, with the misery allegedly they have allegedly suffered because of their father’s acts, including
suffered by the children of Ramirez-Tapucar and Atty. Tapucar, the former has deception and intrigues about them. With this, Ramizer-Tapucar who once
filed the present complaint. The IBP recommended the disbarment of Atty. filed and withdrawn a complaint, filed the complaint at bar with their eldest
Tapucar to the Supreme Court. With IBP’s recommendation, the Court disbarred daughter Atty. Ma. Susana Tapucar-Baua representing her.
Atty. Tapucar.
6. Commission on Bar Discipline of the IBP conducted investigation and
DOCTRINE: recommended the disbarment of Atty. Policar. Based on the Commission’s
Rule 1.01. A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful report, the Board of Governors of the IBP approved and adopted the report.
conduct. In their report, they said that Atty. Tapucar violated Rule 1.01 and Rule 7.03
of Code of Professional Responsibility.
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 ISSUE/s:
a scandalous manner to the discredit of the legal profession. 1. WoN the IBP correctly adopted the report recommending the disbarment of
Atty. Tapucar (YES)
FACTS: RULING: SC DISBARRED Atty. Lauro L. Tapucar and DIRECTED the Clerk of
1. Ramirez-Tapucar filed a complaint seeking for the disbarment of her Court to strike out his name from the Roll of Attorneys.
husband Atty. Tapucar on the ground of continuing grossly immoral conduct RATIO:
for cohabiting with a certain Elena (Helen) Pena under scandalous 1. The Court once again reminds members of the Bar that they must live up to
circumstances. Prior to this complaint, Atty. Tapucar was already the standards and norms expected of the legal profession, by upholding the
administratively disciplined four times for conduct unbecoming of the court. ideals and tenets embodied in the Code of Professional Responsibility.
2. Judges’ actuations must always be free from any appearance of impropriety.
2. Atty. Tapucar and his wife were married in 1953. They established their Ordinary citizens consider judges as a source of strength that fortifies their
conjugal dwelling in Antipolo Rizal where eight of their eleven children were will to obey the law. Thus, a judge should avoid the slightest infraction of the
born. In 1962, they moved to Dadiangas, Cotobato (Now Gen. Santos City) law in all of his actuations.
where the last three of their children were born. This is also where Atty. 3. Lawyers, likewise, as officers of court, must ensure the faith and confidence
Tapucar practiced his profession until his appointment as the judge of CFI of the public that justice is administered with dignity and civility. Therefore,
Butuan City in 1976. a high degree of moral integrity is expected of a lawyer in the community
where he resides.
3. In August 1976, Atty. Tapucar began cohabiting with Helen in Agusan del 4. The Court recognized that disbarment must be of last resort and gross conduct
Norte. Their cohabitation resulted to the birth of their first child named Ofelia must be proven before imposing it. In ruling in the case at bar, the Court cited
Sembrano Pena. With this, a certain Atty. Tranquilino Calo filed an Obusan v. Obusan Jr., where the Court once had the opportunity to rule that
administrative complaint against Atty. Tapucar for immorality. He was then a lawyer who abandoned his family to live with his paramour and having a
suspended for 6 months. Despite this, Atty. Tapucar continued cohabiting
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child with her calls for disbarment such act failed to prove that the lawyer
maintained the highest degree of morality expected and required of a member
of the bar. Case at bar is not different from this case.
5. Keeping a mistress, entering into another marriage while a prior one still
subsists, as well as abandoning and/or mistreating complainant and their
children, show Atty. Tapucar’s disregard of family obligations, morality and
decency, the law and the lawyer’s oath.
6. With these circumstances, the Court ruled that clearly Atty. Tapucar has put
the legal profession in disrepute and placed the integrity of the administration
of justice in peril. Thus, the need for strict but appropriate disciplinary action.
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