Tucay Vs Tucay 318 SCRA 229
Tucay Vs Tucay 318 SCRA 229
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.