4ethics Bansig V Celera

A.C. No.
5581
January 14, 2014
ROSE BUNAGAN-BANSIG, Complainant,

vs.
ATTY. ROGELIO JUAN A. CELERA, Respondent.
PER CURIAM:
Before us is a Petition for Disbarment1 dated January 8, 2002 filed by complainant Rose Bunagan-Bansig
(Bansig) against respondent Atty. Rogelio Juan A. Celera (respondent) for Gross Immoral Conduct.
In her complaint, Bansig narrated that, on May 8, 1997, Atty Celera and Gracemarie R. Bunagan (Bunagan),
entered into a contract of marriage, as evidenced by a certified xerox copy of the certificate of marriage
issued by the City Civil Registry of Manila. 2 Bansig is the sister of Gracemarie R. Bunagan, legal wife of
respondent.
Despite such fact, Atty Celera contracted another marriage on January 8, 1998 with a certain Ma. Cielo Paz
Torres Alba (Alba), as evidenced by a certified xerox copy of the certificate of marriage issued by the City
Registration Officer of San Juan, Manila.3
Bansig stressed that the marriage between respondent and Bunagan was still valid and in full legal existence
when he contracted his second marriage with Alba, and that the first marriage had never been annulled or
rendered void by any lawful authority.Hence, such act constitute grossly immoral and conduct unbecoming
of a member of the Bar, which renders him unfit to continue his membership in the Bar.
In a Resolution4 dated February 18, 2002, the Court resolved to require respondent to file a comment on the
instant complaint.
Respondent failed to submit his comment on the complaint. On December 10, 2002, Bansig filed an
Omnibus Ex Parte Motion7 praying that respondent's failure to file his comment on the complaint be deemed
as a waiver to file the same, and that the case be submitted for disposition.
CELERA claimed that while it appeared that an administrative case was filed against him, he did not know
the nature or cause thereof since other than Bansig's Omnibus Motion, he received no other pleading or any
processes of this Court. He also added that Bansig has an unpaid obligation amounting to P2,000,000.00 to
his wife which triggered a sibling rivalry. He further claimed that he and his wife received death threats from
unknown persons; thus, he transferred to at least two (2) new residences, i.e., in Sampaloc, Manila and
Angeles City. He then prayed that he be furnished a copy of the complaint and be given time to file his
answer to the complaint.
This case has dragged on since 2002. In the span of more than 10 years, the Court has issued numerous
directives for respondent's compliance, but respondent seemed to have preselected only those he will take
notice of and the rest he will just ignore. The Court has issued several resolutions directing respondent to
comment on the complaint against him, yet, to this day, he has not submitted any answer thereto. He claimed
to have not received a copy of the complaint, thus, his failure to comment on the complaint against him.
ISSUE:
The issue to be determined is whether respondent is still fit to continue to be an officer of the court in the
dispensation of justice. Hence, an administrative proceeding for disbarment continues despite the desistance
of a complainant, or failure of the complainant to prosecute the same, or in this case, the failure of
respondent to answer the charges against him despite numerous notices
HELD:
A disbarment case is sui generis for it is neither purely civil nor purely criminal, but is rather an investigation
by the court into the conduct of its officers.22
Considering the serious consequence of the disbarment or suspension of a member of the Bar, this Court has
consistently held that clear preponderant evidence is necessary to justify the imposition of the administrative
penalty.23
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.
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.
The Code of Professional Responsibility provides:
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 should he, whether in public or private life, behave in a scandalous manner to the discredit of the
legal profession.
CELERA made a mockery of marriage, a sacred institution demanding respect and dignity. His act of
contracting a second marriage while his first marriage is subsisting constituted grossly immoral conduct and
are grounds for disbarment under Section 27, Rule 138 of the Revised Rules of Court.25
Even assuming that indeed the copies of the complaint had not reached him, he cannot, however, feign
ignorance that there is a complaint against him that is pending before this Court which he could have easily
obtained a copy had he wanted to.
Clearly, respondent's acts constitute willful disobedience of the lawful orders of this Court, which under
Section 27, Rule 138 of the Rules of Court is in itself alone a sufficient cause for suspension or disbarment.
Respondents cavalier attitude in repeatedly ignoring the orders of the Supreme Court constitutes utter
disrespect to the judicial institution. Respondents conduct indicates a high degree of irresponsibility.
We have repeatedly held that a Courts Resolution is "not to be construed as a mere request, nor should it be
complied with partially, inadequately, or selectively." Respondents obstinate refusal to comply with the
Courts orders "not only betrays a recalcitrant flaw in his character; it also underscores his disrespect of the
Court's lawful orders which is only too deserving of reproof."26
Section 27, Rule 138 of the Rules of Court provides:
Sec. 27. Disbarment or suspension of attorneys by Supreme Court grounds therefor. - A member of the bar
may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice,
or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime
involving moral turpitude or for any violation of the oath which he is required to take before admission to
practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully
appearing as an attorney for a party to a case without authority to do so. The practice of soliciting cases for
the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.
Considering respondent's propensity to disregard not only the laws of the land but also the lawful orders of
the Court, it only shows him to be wanting in moral character, honesty, probity and good demeanor. He is,
thus, unworthy to continue as an officer of the court.
IN VIEW OF ALL THE FOREGOING, we find respondent ATTY. ROGELIO JUAN A. CELERA,
guilty of grossly immoral conduct and willful disobedience of lawful orders rendering him unworthy of
continuing membership in the legal profession. He is thus ordered DISBARRED from the practice of
law and his name stricken of the Roll of Attorneys, effective immediately.

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A.C. No.

January 14, 2014

ROSE BUNAGAN-BANSIG, Complainant,

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