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Macarrubo vs. Macarrubo, 2004

A woman filed a complaint against lawyer Edmundo Macarubbo for deceiving her into marriage despite him already having a subsisting first marriage. She alleged he later entered a third marriage as well and abandoned her and their children without support. Macarubbo denied deceiving the woman. The Court held that Macarubbo was guilty of gross misconduct for entering into a second marriage while still married to someone else. This violated the Code of Professional Responsibility. As such, Macarubbo was disbarred from practicing law.

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Gillian Calpito
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62 views2 pages

Macarrubo vs. Macarrubo, 2004

A woman filed a complaint against lawyer Edmundo Macarubbo for deceiving her into marriage despite him already having a subsisting first marriage. She alleged he later entered a third marriage as well and abandoned her and their children without support. Macarubbo denied deceiving the woman. The Court held that Macarubbo was guilty of gross misconduct for entering into a second marriage while still married to someone else. This violated the Code of Professional Responsibility. As such, Macarubbo was disbarred from practicing law.

Uploaded by

Gillian Calpito
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Macarrubo vs.

Macarrubo, 2004
February 27, 2004

FACTS:
Complainant, by herself and on behalf of her two children, filed a
verified complaint for disbarment against respondent Atty. Edmundo L.
Macarubbo with the IBP, alleging that respondent deceived her into
marrying him despite his prior subsisting marriage with a certain Helen
Esparza. Complainant further averred that respondent entered into a third
marriage with one Josephine T. Constantino; and that he abandoned
complainant and their children without providing them any regular
support up to the present time, leaving them in precarious living
conditions.
Respondent denied employing deception in his marriage to
complainant, insisting instead that complainant was fully aware of his prior
subsisting marriage to Helen Esparza.

ISSUE:
Whether or not respondent should be disbarred from the practice of
law

HELD:
Yes. The Court held that respondent is indeed guilty of gross
misconduct in his private affairs which warrant disciplinary action. The
incontrovertible facts show that while respondent had a subsisting
marriage with Helen Esparza with whom he had two children, he entered
into a second marriage with complainant. Such conduct is inconsistent
with the good moral character that is required for the continued right to
practice law as a member of the Philippine bar.
In sum, respondent has breached the following precepts of the
Code of Professional Responsibility:
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.
CANON 7 - A lawyer shall at all times uphold the integrity and dignity of
the legal profession, and support the activities of the Integrated Bar.
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on
his fitness to practice law, nor shall he, whether in public or private life,
behave in a scandalous manner to the discredit of the legal profession.

Respondent Edmundo L. Macarubbo is found guilty of gross


immorality and is disbarred from the practice of law.

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