Perez V Catindig
Perez V Catindig
Perez V Catindig
Elmar Perez
v.
Atty Tristan Catindig and Atty. Karen E. Baydo
AC No. 5816
Issue: Whether or not Atty. Catindig committed gross immorality that would warrant his
disbarment in the practice of law
Facts: In 1983, Atty. Catindig started courting Dr. Perez. However, Atty. Catindig was already
wed to Lily Gomez on May 18, 1983. Catindig reassured Perez that hhe will marry her as soon as
there will be no legal impediment in their marriage. In 1984, Catindig obtained a divorce decree
from Dominican Republic and he married Perez in the State of Virginia in USA. Their union
bore a child named Tristan Jegar Josef Frederic. Then, Perez learned that their marriage was not
recognized under the Philippine laws and confronted Catindig about it. The latter, again,
reassured that he would legalize their union and adopt their child once he obtained the
declaration of nullity of his marriage to Gomez. In 2001, Perez received an anonymous letter
saying that Catindig professed his love to Atty. Baydo with a promise to mary her. On October
31, 2001, Catindig abandoned Perez and their son and moved to a condominium near the place
where Atty. Baydo was seen frequently. Atty. Baydo denied that she had an affair with Atty.
Catindig as she never reciprocated with his advances since he is married and too old for her.
Decision: Yes. Atty. Catindig committed gross immorality that would warrant his disbarment.
Rule 7.03 of the Code of Professional Responsibility states that “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 a scandalous manner to the discredit of law profession” Here, atty.
Catindig took advantage his knowledge of law. He obtained a divorce decree in Dominican
Republic and married Dr. Perez knowing that such decree is not valid. Furthermore, he married
Dr. Perez in the State of Virginia where the charge of bigamy is outside of Philippine
jurisdiction. Catindig make a mockery out of the institution of marriage by doing so. Hence, such
action is a clear case of misconduct which warrants his disbarment from the practice of law.