LUPO ALMODIEL ATIENZA, complainant, v.
JUDGE FRANCISCO BRILLANTES, JR., respondent.
A.M. No. MTJ-92-706. March 29, 1995.
Facts:
Respondent Judge Francisco was charged by petitioner Lupo Atienza for Gross Immorality and Appearance of Impropriety. Francisco was alleged to be cohabiting with De Castro and thereafter married to De Castro in California while in a subsisting marriage with one Zenaida Ongkiko. Respondent on the other hand denies that having married o Ongkiko, although he admits having five children with her. He alleges that while he and Ongkiko went through a marriage ceremeony before a Nueva Ecija town mayor, the same was not a valid marriage for lack of marriage license
Issue:
Whether or not Brillantes is guilty of immorality and appearance of impropriety for contracting a second marriage while in an exising marriage.
Ruling:
The court held that respondent is the last person allowed to invoke good faith. He made a mockery of the institution of marriage and employed deceit to be able to cohabit with a woman, who beget him five children. Any law student would know that a marriage license is necessary before one can get married. Respondent was given an opportunity to correct the flaw in his first marriage when he and Ongkiko were married for the second time. His failure to secure a marriage license on these two occasions betrays his sinister motives and ad faith. It is evident that respondent failed to meet the standards of moral fitness for membership in legal profession. As such, respondent is dismissed from service.
