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PRISCILLA CASTILLO VDA. DE MIJARES, complainant, vs. JUSTICE ONOFRE A. VILLALUZ (Retired), respondent.

Nature: The subject of administrative recourse to this Court is the present case where the cause celebre (an issue or incident arousing widespread controversy) is a starcrossed marriage, and the unlikely protagonists are in incumbent and a retired member of the Judiciary. Facts: Complainant files a disbarment case against the respondent on grounds of bigamy after contracting a marriage with another woman several months after their marriage. Respondent contends theirs was a sham marriage in an effort to protect the complainant from the administrative case on immorality to be charged against her by her legal researcher and that during their marriage his marriage with his first wife was subsisting since the declaration of its annulment was not yet final and executory pending publication of the decision. The administrative case was referred to Associate Justice Purisima of CA for investigation who recommended suspension of the respondent for 2 years with a warning that similar future misconduct shall be dealt with more severely.

Issue: Whether or not Respondent Villaluz be suspended from his practice of law.

Ruling: Yes. The mere admission of the respondent of contracting the marriage with the complainant while knowingly his first marriage subsists and then married another woman after said marriage with complainant is a gross misconduct. His claim that he married complainant to protect her from the administrative charge against her is unfounded since one cannot correct a wrong by doing another wrongful act. Finding the respondent morally unfit in the practice of the law profession, the court upheld the recommendation of Justice Purisima. Citing Rule 1.01 of the Code of Professional Responsibility, the Supreme Court found the respondent engaging in an unlawful, dishonest, immoral or deceitful conduct and recommends SUSPENSION with the specific WARNING that a more severe penalty shall be imposed should he commit the same or a similar offense hereafter.

Former Justice Onofre A. Villaluz, GUILTY of immoral conduct in violation of the Code of Professional Responsibility, he is hereby SUSPENDED from the practice of law for a period of two (2) years effective upon notice hereof, with the specific WARNING that a more severe penalty shall be imposed should he commit the same or a similar offense hereafter.

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