BUNAGAN-BANSIG vs CELERA

A.C. No. 5581, January 14, 2014; PER CURIAM; EN BANC

FACTS:

This is a petition for disbarment by complainant Bunagan-Bansig against Respondent Atty. Celera for Gross Immoral Conduct.

Respondent was married to complainant's sister, Gracemarie R. Bunagan (Bunagan), as evidenced by a photocopy of the contract of marriage dated May 8, 1997. Notwithstanding this, Respondent contracted marriage to one Ma. Cielo Paz Torres Alba (Alba).

ISSUE:

Whether or not gross immoral conduct of Respondent has been sufficiently proved

HELD:

YES. In administrative proceedings, the complainant has the burden of proving, by substantial evidence, the allegations in the complaint. Substantial evidence has been defined as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. For the Court to exercise its disciplinary powers, the case against the respondent must be established by clear, convincing and satisfactory proof.

In the instant case, there is a preponderance of evidence that respondent contracted a second marriage despite the existence of his first marriage. The first marriage, as evidenced by the certified xerox copy of the Certificate of Marriage issued on October 3, 2001 by the City Civil Registry of Manila, Gloria C. Pagdilao, states that respondent Rogelio Juan A. Celera contracted marriage on May, 8, 1997 with Gracemarie R. Bunagan at the Church of Saint Augustine, Intramuros, Manila; the second marriage, however, as evidenced by the certified xerox copy of the Certificate of Marriage issued on October 4, 2001 by the City Civil Registry of San Juan, Manila, states that respondent Rogelio Juan A. Celera contracted marriage on January 8, 1998 with Ma. Cielo Paz Torres Alba at the Mary the Queen Church, Madison St., Greenhills, San Juan, Metro Manila.

Bansig submitted certified xerox copies of the marriage certificates to prove that respondent entered into a second marriage while the latter’s first marriage was still subsisting. We note that the second marriage apparently took place barely a year from his first marriage to Bunagan which is indicative that indeed the first marriage was still subsisting at the time respondent contracted the second marriage with Alba.

Respondent was meted with the penalty of Disbarment.