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  • Tucay Vs Tucay 318 SCRA 229

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    Maria Dariz Albiola
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    Lilia Tucay filed an administrative case for disbarment and a criminal case for bigamy against her husband Manuel Tucay, a lawyer, for contracting another marriage while still married. The Supreme Court ruled to disbar Manuel Tucay for immoral conduct, agreeing with the IBP that he violated his oath and the Code of Professional Responsibility by entering into a bigamous marriage.

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    Lilia Tucay filed an administrative case for disbarment and a criminal case for bigamy against her husband Manuel Tucay, a lawyer, for contracting another marriage while still married. The Supreme Court ruled to disbar Manuel Tucay for immoral conduct, agreeing with the IBP that he violated his oath and the Code of Professional Responsibility by entering into a bigamous marriage.

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    165 views1 page

    Tucay Vs Tucay 318 SCRA 229

    Uploaded by

    Maria Dariz Albiola
    Lilia Tucay filed an administrative case for disbarment and a criminal case for bigamy against her husband Manuel Tucay, a lawyer, for contracting another marriage while still married. The Supreme Court ruled to disbar Manuel Tucay for immoral conduct, agreeing with the IBP that he violated his oath and the Code of Professional Responsibility by entering into a bigamous marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Tucay vs.

    Tucay
    318 SCRA 229

    FACTS:
    Lilia Tucay filed an administrative case for disbarment and a criminal case for bigamy
    against her husband Manuel Tucay, on the ground of immoral conduct after having
    contracted another marriage with Myrna Tuplano, who was already married to another
    man. Herein respondent filed a petition with the RTC of Quezon City for the judicial
    declaration of nullity of his marriage with Tuplano in an attempt to defeat the
    prosecution of his criminal case. The lower court dismissed his petition due to lack of
    interest; subsequently, however, respondent filed a second petition for the same
    purpose, this time with the RTC of Pasig City. In both petitions, he averred that neither
    he nor the other supposed party to the second marriage was physically present on the
    date of its alleged celebration thereby rendering void any such marriage, if at all, under
    the provisions of Article 3, paragraph 3, and Article 6 of the Family Code. The IBP-CBD
    did not give credence nor validity to the explanation of respondent and instead
    recommended his disbarment for gross misconduct and failure to maintain the highest
    degree of morality expected and required of a member of the Bar.

    ISSUE:
    (a) Whether or not Atty. Tucay is unfit to continue his practice of law for immoral
    conduct and should be disbarred.

    RULING:
    The Court ruled in the affirmative. In violation of his oath and utter disregard of the Code
    of Professional Responsibility, the Court concurs with the IBP-CBD and IBP Board of
    Governors in their findings and thus accepts their recommendation that respondent
    lawyers, having ceased to meet and possess the qualifications required of every lawyer,
    must forthwith be disbarred. Hence, Atty. Manuel Tucay is disbarred.

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