G.R. No. A.C. No. 5170 November 17, 1999
LILIA FERRER TUCAY, complainant, vs. ATTY. MANUEL R. TUCAY, respondent.

FACTS

Complainant Lilia Tucay, the lawful wife of respondent Atty. Manuel Tucay since 1963, seeks his disbarment for grossly immoral conduct. The couple lived together for thirty years until July 1993, just before their anniversary, when respondent abandoned the conjugal home to cohabit with Myrna C. Tuplano, a woman married to another man since 1983. During this period, respondent contracted a second marriage with Tuplano while his first marriage remained subsisting, prompting complainant to file a bigamy case (Criminal Case No. Q-94-54709) which remains pending.
In an apparent attempt to obstruct the criminal prosecution, respondent filed two separate petitions in different Regional Trial Courts seeking a judicial declaration of nullity of his second marriage. He alleged in both petitions that neither he nor Tuplano was physically present at its celebration, rendering it void under the Family Code. These petitions were either dismissed for lack of interest or remained unresolved. The Integrated Bar of the Philippines Commission on Bar Discipline (IBP-CBD) found respondent’s explanations lacking in credence.

ISSUE

Whether respondent Atty. Manuel Tucay should be disbarred for grossly immoral conduct.

RULING

Yes, respondent is ordered disbarred. The Supreme Court affirmed the findings and recommendation of the IBP Board of Governors. The Court clarified that it need not await the final resolution of the pending bigamy case to rule on this administrative matter. The records sufficiently establish that respondent has been carrying on an illicit affair with a married woman and cohabiting with her, which constitutes grossly immoral conduct.
The legal logic is grounded on the fundamental ethical standards of the legal profession. A lawyer is required to adhere to the highest standards of morality, both in professional and private life, as a condition for the continued privilege of law practice. Grossly immoral conduct reflects a deficiency in moral character, probity, and fitness that the law demands from every attorney. Such conduct, as demonstrated by respondent, shows a blatant disregard for the sanctity of marriage and a low regard for the ethical norms of his profession.
Under Section 27, Rule 138 of the Rules of Court, grossly immoral conduct is a ground for disbarment. The Court emphasized that the enumerated grounds for disbarment are not exclusive and encompass any impropriety that diminishes a lawyer’s fitness to practice law. Respondent’s actions rendered him unfit and undeserving of the honor and privileges conferred by a law license. Accordingly, the Court resolved to disbar Atty. Manuel Tucay immediately.